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United States Code
Title 12 - BANKS AND BANKINGChapter 46 - GOVERNMENT SPONSORED ENTERPRISESSubchapter I - SUPERVISION AND REGULATION OF ENTERPRISESPart B - ADDITIONAL AUTHORITIES OF THE DIRECTOR
Subpart 3 - ENFORCEMENT
Section 4588 - Subpoena authority

12 U.S.C. § 4588

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 4588 - Subpoena authority
(a) In general

In the course of or in connection with any administrative proceeding under this subpart, the Director shall have the authority-

(1) to administer oaths and affirmations;
(2) to take and preserve testimony under oath;
(3) to issue subpoenas and subpoenas duces tecum; and
(4) to revoke, quash, or modify subpoenas and subpoenas duces tecum issued by the Director.
(b) Witnesses and documents

The attendance of witnesses and the production of documents provided for in this section may be required from any place in any State at any designated place where such proceeding is being conducted.

(c) Enforcement

The Director may bring an action or 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. Such courts shall have jurisdiction and power to order and require compliance therewith.

(d) Fees and expenses

Witnesses subpoenaed 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 section by an enterprise may allow to any such party such reasonable expenses and attorneys fees as the court deems just and proper. Such expenses and fees shall be paid by the enterprise or from its assets.

12 U.S.C. § 4588

Pub. L. 102-550, title XIII, §13481348,, 106 Stat. 3968; Pub. L. 110-289, div. A, title I, §1130(e)(2), (3) (E), July 30, 2008, 122 Stat. 2711.

EDITORIAL NOTES

AMENDMENTS2008-Subsec. (a). Pub. L. 110-289, §1130(e)(3)(E), substituted "Director" for "Secretary" in introductory provisions and in par. (4).Subsec. (c). Pub. L. 110-289, §1130(e)(3)(E), substituted "Director" for "Secretary". Pub. L. 110-289, §1130(e)(2), inserted "may bring an action or" before "may request".

Director
The term "Director" means the Director of the Bureau.
State
The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands or any federally recognized Indian tribe, as defined by the Secretary of the Interior under section 5131(a) of title 25.
enterprise
The term "enterprise" means-(A) the Federal National Mortgage Association and any affiliate thereof; and(B) the Federal Home Loan Mortgage Corporation and any affiliate thereof.