Title 12Banks and BankingRelease 119-73

§2273 Ancillary provisions; subpena power; etc.

Title 12 › Chapter CHAPTER 23— - FARM CREDIT SYSTEM › Subchapter SUBCHAPTER V— - FARM CREDIT ADMINISTRATION ORGANIZATION › Part Part C— - Enforcement Powers of Farm Credit Administration › § 2273

Last updated Apr 6, 2026|Official source

Summary

Gives the Farm Credit Administration and people it appoints the power to swear witnesses, take sworn statements, and issue, change, or cancel subpoenas for testimony or for documents. It can make rules for hearings, exams, and investigations. The agency can require witnesses and records to appear at the place of the proceeding from anywhere in any State or U.S. territory. To enforce a subpoena, the FCA or any party can go to the federal district court in the District of Columbia, or the district court where the proceeding is held or where the witness lives or works, and those courts must order compliance. Witnesses get the same fees and travel pay as federal district court witnesses. If a Farm Credit System institution or its director or officer brings a case, a court may award reasonable expenses and lawyer fees to that party, and those costs must be paid by the System institution from its assets. Anyone who willfully refuses to obey an FCA subpoena to attend, testify, answer lawful questions, or produce records can be charged with a misdemeanor and, if convicted, fined up to $1,000, jailed up to one year, or both.

Full Legal Text

Title 12, §2273

Banks and Banking — Source: USLM XML via OLRC

In the course of or in connection with any proceeding under this part or any examination or investigation under this chapter, the Farm Credit Administration or any designated representative thereof, including any person designated to conduct any hearing under this part, shall have the power to administer oaths and affirmations, to take or cause to be taken depositions, and to issue, revoke, quash, or modify subpenas and subpenas duces tecum; and the Farm Credit Administration is empowered to make rules and regulations with respect to any such proceedings, examinations, or investigations. The attendance of witnesses and the production of documents provided for in this section may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place where such proceeding is being conducted. The Farm Credit Administration or any party to proceedings under this part may apply to the United States District Court for the District of Columbia, or the United States district court for the judicial district or the United States court in any territory in which such proceeding is being conducted, or where the witness resides or carries on business, for enforcement of any subpena or subpena duces tecum issued pursuant to this part, and such courts shall have jurisdiction and power to order and require compliance therewith. Witnesses subpenaed under this section shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. Any court having jurisdiction of any proceeding instituted under this part by a System institution or a director or officer thereof, may allow to any such party such reasonable expenses and attorneys’ fees as it deems just and proper; and such expenses and fees shall be paid by the System institution or from its assets. Any person who willfully shall fail or refuse to attend or testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in such person’s power so to do, in obedience to the subpena of the Farm Credit Administration, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for a term of not more than one year or both.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–233 substituted “proceedings, examinations, or investigations” for “proceedings, claims, examinations, or investigations”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as an

Effective Date

of 1985 Amendment note under section 2001 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 2273

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73