Page:United States Statutes at Large Volume 105 Part 3.djvu/413

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PUBLIC LAW 102-242 —DEC. 19, 1991 105 STAT. 2297 SEC. 209. POWERS OF AGENCIES RESPECTING APPLICATIONS, EXAMINA- TIONS, AND OTHER PROCEEDINGS. Section 13(b) of the International Banking Act of 1978 (12 U.S.C. 3108(b)) is amended— (1) by striking "(b) In addition to" and inserting "(b) ENFORCE- MENT. — "(1) IN GENERAL.— In addition to"; (2) by adding at the end the following new paragraphs: "(2) AUTHORITY TO ADMINISTER OATHS; SUBPOENA POWER.—In the course of, or in connection with, an application, examination, investigation, or other proceeding under this Act, the Board, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation, as the case may be, any member of the Board or of the Board of Directors of the Corporation, and any designated representative of the Board, Comptroller, or Corporation (including any person designated to conduct any hearing under this Act) may— "(A) administer oaths and affirmations and take or cause to be taken depositions; and "(B) issue, revoke, quash, or modify any subpoena, including any subpoena requiring the attendance and testimony of a witness or any subpoenas duces tecum. "(3) ADMINISTRATIVE ASPECTS OF SUBPOENAS.— "(A) ATTENDANCE AND PRODUCTION AT DESIGNATED SITE. — The attendance of any witness and the production of any

document pursuant to a subpoena under paragraph (2) may be required at the place designated in the subpoena from any place in any State (as defined in section 3(a)(3) of the Federal Deposit Insurance Act) or other place subject to the jurisdiction of the United States. "(B) SERVICE OF SUBPOENA. —Service of a subpoena issued under this subsection may be made by registered mail, or in such other manner reasonably calculated to give actual notice as the Board, Comptroller of the Currency, or Federal Deposit Insurance Corporation may by regulation or otherwise provide. "(C) FEES AND TRAVEL EXPENSES.—Witnesses subpoenaed under this subsection shall be paid the same fees and 1 mileage that are paid witnesses in the district courts of the United States. "(4) CONTUMACY OR REFUSAL. — "(A) IN GENERAL.— In the case of contumacy of any person issued a subpoena under this subsection or a refusal by such person to comply with such subpoena, the Board, Comptroller of the Currency, or Federal Deposit Insurance Corporation, or any other party to proceedings in connection with which subpoena was issued may invoke the aid of— "(i) the United States District Court for the District of Columbia, or "(ii) any district court of the United States within the jurisdiction of which the proceeding is being conducted or the witness resides or carries on business. "(B) COURT ORDER. —Any court referred to in subpara- ^ graph (A) may issue an order requiring compliance with a subpoena issued under this subsection.