search, surveys, and other services necessary to enable the
Board to carry out its duties.
(e) INVESTIGATIONS.—The Board may make such in-
vestigations as it considers necessary to determine whether
there is or may be a violation of any regulation promul-
gated under this title and may require or permit any per-
son to file with it a statement in writing, under oath or
otherwise as the Board shall determine, as to all the facts
and circumstances concerning the matter to be inves-
tigated.
(f) SUBPOENA POWER.—
(1) IN GENERAL.—The Board may issue sub-
poenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Board.
The attendance of witnesses and the production of
evidence may be required from any place within the
United States at any designated place of hearing
within the United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Board may apply to a United States
district court for an order requiring that person to
appear before the Board to give testimony, produce
evidence, or both, relating to the matter under inves-
tigation. The application may be made within the ju-
dicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Board shall be served in the manner provided
for subpoenas issued by a United States district
court under the Federal Rules of Civil Procedure for
the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is made under paragraph
(2) may be served in the judicial district in which
the person required to be served resides or may be
found.
SEC. 803. FUNCTIONS OF THE BOARD.
(a) GUIDELINES.—The Board shall—
(1) develop and publish within 9 months of the
date of the establishment of the Board the initial
guidelines that the Board will use in determining
whether an existing price or an increase in the price
of any prescription drug is excessive,
(2) develop and publish within 12 months of the
date of the establishment of the Board the initial
guidelines that the Board will use in determining
whether the initial price at which a prescription drug
is first sold is excessive, and
(3) periodically review the guidelines developed
under paragraphs (1) and (2) and make appropriate
revisions.
(b) DETERMINATIONS AND REVIEWS.—The Board
shall—
(1) within 24 months of the date of the estab-
lishment of the Board, make an initial determination
of whether the price of each prescription drug ap-
proved for sale on the date of the enactment of this
Act is excessive,
(2) promptly make an initial determination of
whether the price of each prescription drug first ap-
proved for sale after the date of the enactment of
this Act is excessive,
(3) review, on an ongoing basis, each increase
in the price of a drug reviewed under paragraphs (1)
and (2) to determine if the price increase is exces-
sive, and
(4) consider whether determinations and re-
views similar to the ones carried out under para-
graphs (1), (2), and (3) should be made for non-pre-
scription drugs and make such determinations and
reviews if appropriate.