§ 4641. Subpoena authority

Footnotes

1. 1 So in original.

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.

1. 1992

   Federal Housing Enterprises Financial Safety and Soundness Act of 1992

   Pub. L. 102–550 title XIII § 1379D · 106 Stat. 3672

   Enacted · 12 U.S.C. § 4641

   Pub. L. 102–550, title XIII, § 1379D, formerly § 1379B, Oct. 28, 1992, 106 Stat. 3994

   Target inherited from the preceding amendment note.

   Source evidence

   Code source credit
   Pub. L. 102–550, title XIII, § 1379D, formerly § 1379B, Oct. 28, 1992, 106 Stat. 3994

   Enacted provision · exact public law section
   SEC. 1379. PUBLIC DISCLOSURE OF FINAL ORDERS AND AGREEMENTS. (a) In General.— The Director shall make available to the public— (1) any written agreement or other written statement for which a violation may be redressed by the Director or any modification to or termination thereof, unless the Director, in the Director’s discretion, determines that public disclosure would be contrary to the public interest; (2) any order that is issued with respect to any administrative enforcement proceeding initiated by the Director under this subtitle and that has become final in accordance with sections 1373 and 1374; and (3) any modification to or termination of any final order made public pursuant to this subsection. (b) Hearings.— All hearings on the record with respect to any notice of charges issued by the Director shall be open to the public, unless the Director, in the Director’s discretion, determines that holding an open hearing would be contrary to the public interest. (c) Delay of Public Disclosure Under Exceptional Circumstances.— If the Director makes a determination in writing that the public disclosure of any final order pursuant to subsection (a) would seriously threaten the financial health or security of the enterprise, the Director may delay the public disclosure of such order for a reasonable time. (d) Documents Filed Under Seal in Public Enforcement Hearings.— The Director may file any document or part thereof under seal in any hearing commenced by the Director if the Director determines in writing that disclosure thereof would be contrary to the public interest. (e) Retention of Documents.— The Director shall keep and Records. maintain a record, for not less than 6 years, of all documents described in subsection (a) and all enforcement agreements and other supervisory actions and supporting documents issued with respect to or in connection with any enforcement proceeding initiated by the Director under this subtitle or any other law. (f) Disclosures to Congress.— This section may not be construed to authorize the withholding, or to prohibit the disclosure, of any information to the Congress or any committee or subcommittee thereof.

2. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1158(a)(1)(A) · 122 Stat. 2654

   1. Struck · 12 U.S.C. § 4641(a)

      Pub. L. 110–289, § 1158(a)(1)(A), in introductory provisions, struck out “administrative” after “with any”

   2. Inserted · 12 U.S.C. § 4641(a)

      Pub. L. 110–289, § 1158(a)(1)(A), in introductory provisions, inserted “, examination, or investigation” after “proceeding”

   3. Substituted · 12 U.S.C. § 4641(a)

      Pub. L. 110–289, § 1158(a)(1)(A), in introductory provisions, substituted “chapter” for “subchapter”

   4. Inserted · 12 U.S.C. § 4641(a)

      Pub. L. 110–289, § 1158(a)(1)(A), in introductory provisions, inserted “or any designated representative thereof, including any person designated to conduct any hearing under this subchapter” after “Director”. See Codification note above

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–289, § 1158(a)(1)(A), in introductory provisions, struck out “administrative” after “with any”, inserted “, examination, or investigation” after “proceeding”, substituted “chapter” for “subchapter”, and inserted “or any designated representative thereof, including any person designated to conduct any hearing under this subchapter” after “Director”. See Codification note above.

   Enacted provision · exact public law section
   (A) in the matter preceding paragraph (1)— (i) by striking “administrative”; (ii) by inserting “, examination, or investigation” after “proceeding”; (iii) by striking “subtitle” and inserting “title”; and (iv) by inserting “or any designated representative thereof, including any person designated to conduct any hearing under this subtitle” after “Director”; and

3. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1158(a)(1)(B) · 122 Stat. 2654

   Struck · 12 U.S.C. § 4641(a)(4)

   Pub. L. 110–289, § 1158(a)(1)(B), struck out “issued by the Director” before period at end. See Codification note above

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 110–289, § 1158(a)(1)(B), struck out “issued by the Director” before period at end. See Codification note above.

   Enacted provision · exact public law section
   (B) in paragraph (4), by striking “issued by the Director”;

4. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1158(a)(2) · 122 Stat. 2654

   Inserted · 12 U.S.C. § 4641(b)

   Pub. L. 110–289, § 1158(a)(2), inserted “or in any territory or other place subject to the jurisdiction of the United States” after “State”. See Codification note above

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–289, § 1158(a)(2), inserted “or in any territory or other place subject to the jurisdiction of the United States” after “State”. See Codification note above.

   Enacted provision · exact public law section
   (2) in subsection (b), by inserting “or in any territory or other place subject to the jurisdiction of the United States” after “State”;

5. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1158(a)(3) · 122 Stat. 2654

   1. Added · 12 U.S.C. § 4641(c)

      Pub. L. 110–289, § 1158(a)(3), added subsec. (c)

   2. Struck · 12 U.S.C. § 4641(c)

      Pub. L. 110–289, § 1158(a)(3), struck out former subsec. (c). Prior to amendment, text read as follows: “The Director may request the Attorney General of the United States to bring an action in the United States district court for the judicial district in which such proceeding is being conducted, or where the witness resides or conducts business, or the United States District Court for the District of Columbia, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section or may, under the direction and control of the Attorney General, bring such an action. Such courts shall have jurisdiction and power to order and require compliance therewith.” See Codification note above

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 110–289, § 1158(a)(3), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “The Director may request the Attorney General of the United States to bring an action in the United States district court for the judicial district in which such proceeding is being conducted, or where the witness resides or conducts business, or the United States District Court for the District of Columbia, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section or may, under the direction and control of the Attorney General, bring such an action. Such courts shall have jurisdiction and power to order and require compliance therewith.” See Codification note above.

   Enacted provision · exact public law section
   (3) by striking subsection (c) and inserting the following: “(c) Enforcement.— “(1) In general.— The Director, or any party to proceedings under this subtitle, may apply to the United States District Court for the District of Columbia, or the United States district court for the judicial district of the United States in any territory in which such proceeding is being conducted, or where the witness resides or carries on business, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section. “(2) Power of court.— The courts described under paragraph (1) shall have the jurisdiction and power to order and require compliance with any subpoena issued under paragraph (1).” ;

6. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1158(a)(4) · 122 Stat. 2654

   Inserted · 12 U.S.C. § 4641(d)

   Pub. L. 110–289, § 1158(a)(4), inserted “enterprise-affiliated party” before “may allow”. See Codification note above

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–289, § 1158(a)(4), inserted “enterprise-affiliated party” before “may allow”. See Codification note above.

   Enacted provision · exact public law section
   (4) in subsection (d), by inserting “enterprise-affiliated party” before “may allow”; and

7. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1156(b)(4) · 122 Stat. 2654

   Substituted · 12 U.S.C. § 4641(d)

   Pub. L. 110–289, § 1156(b)(4), which directed substitution of “regulated entity” for “enterprise”, was executed by making the substitution in two places to reflect the probable intent of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 110–289, § 1156(b)(4), which directed substitution of “regulated entity” for “enterprise”, was executed by making the substitution in two places to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (4) in section 1379D 12 USC 4641. (as so designated by this Act), by striking “enterprise” and inserting “regulated entity”.

8. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1158(a)(5) · 122 Stat. 2654

   Added · 12 U.S.C. § 4641(e)

   Pub. L. 110–289, § 1158(a)(5), added subsec. (e). See Codification note above

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 110–289, § 1158(a)(5), added subsec. (e). See Codification note above.

   Enacted provision · exact public law section
   (5) by adding at the end the following: “(e) Penalties.— A person 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 1 year, or both, if that person willfully fails or refuses, in disobedience of a subpoena issued under subsection (c), to— “(1) attend court; “(2) testify in court; “(3) answer any lawful inquiry; or “(4) produce books, papers, correspondence, contracts, agreements, or such other records as requested in the subpoena.” .

12 of 12 references resolved to an enrolled provision