Title 12 — Banks and Banking
Chapter 25 — National Commission on Electronic Fund Transfers
§ 2404. Powers of Commission
Statutory text
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 1 affirmations to witnesses appearing before it.
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.
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.
Issuance of subpenas for attendance of witnesses and production of evidence; refusal to obey; contempt proceedings; manner of service of subpenas; service of process
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.
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.
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.
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.
Footnotes
- 1 So in original. Probably should be “or”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 93–495 title II § 204 · 88 Stat. 1500
Enacted · 12 U.S.C. § 2404
(Pub. L. 93–495, title II, § 204, Oct. 28, 1974, 88 Stat. 1509.)
Source evidence
Code source credit
(Pub. L. 93–495, title II, § 204, Oct. 28, 1974, 88 Stat. 1509.)Enacted provision · exact public law section
Sec. 204. powers of commission (a) The Commission may for the purpose of carrying out Hearings. 12 USC 2404. this Act 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) 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) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) (1) The Commission shall have power to issue subpenas requiring Subpenas. 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 con-ducted 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.
1 of 1 references resolved to an enrolled provision
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.