12 U.S.C. § 2404: Powers of Commission

Summary

The Commission can hold hearings, call witnesses, and accept testimony and evidence when it needs to carry out its work. It can put witnesses under oath. If the Commission allows, any of its members or agents can do these things for it. The Commission can also get information directly from any U.S. department or agency, and if the Chairperson asks, the agency head must provide that information. The Commission can issue subpoenas to make people come testify or to turn over documents that relate to an investigation. Subpoenas can require people from anywhere in the United States to appear at hearings in the United States. If someone refuses, a U.S. district court in the proper district can order them to comply, and the court can punish them for contempt if they still disobey. Subpoenas are served the same way federal district courts serve subpoenas, and court papers can be served where the person lives or can be found.

Title 12, §2404

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(a)Hearings; administration of oaths

The Commission may for the purpose of carrying out this chapter hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem advisable. The Commission may administer oaths of affirmations to witnesses appearing before it.

(b)Implementation authority of members or agents of Commission

When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section.

(c)Request for information from other Federal departments or agencies

The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this chapter. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.

(d)Issuance of subpenas for attendance of witnesses and production of evidence; refusal to obey; contempt proceedings; manner of service of subpenas; service of process

(1)The Commission shall have power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Commission. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing within the United States.

(2)If a person issued a subpena under paragraph (1) refuses to obey such subpena or is guilty of contumacy, any court of the United States within the judicial district within which the hearing is conducted or within the judicial district within which such person is found or resides or transacts business may (upon application by the Commission) order such person to appear before the Commission to produce evidence or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof.

(3)The subpenas of the Commission shall be served in the manner provided for subpenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts.

(4)All process of any court to which application may be made under this section may be served in the judicial district wherein the person required to be served resides or may be found.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 93–495, which enacted this chapter (§ 2401 et seq.). For complete classification of this Act to the Code, see Tables.

§2404 Powers of Commission

Summary

Title 12, §2404

Notes & Related Subsidiaries

Editorial Notes

References in Text

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