§ 15. — Enforcement powers of Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC15]
TITLE 7--AGRICULTURE
CHAPTER 1--COMMODITY EXCHANGES
Sec. 15. Enforcement powers of Commission
For the purpose of securing effective enforcement of the provisions
of this chapter, for the purpose of any investigation or proceeding
under this chapter, and for the purpose of any action taken under
section 16(f) of this title, any member of the Commission or any
Administrative Law Judge or other officer designated by the Commission
(except as provided in the third sentence of this section) may
administer oaths and affirmations, subpoena witnesses, compel their
attendance, take evidence, and require the production of any books,
papers, correspondence, memoranda, or other records that the Commission
deems relevant or material to the inquiry. The attendance of witnesses
and the production of any such records may be required from any place in
the United States, any State, or any foreign country or jurisdiction at
any designated place of hearing. A subpoena issued under this section
may be served upon any person who is not to be found within the
territorial jurisdiction of any court of the United States in such
manner as the Federal Rules of Civil Procedure prescribe for service of
process in a foreign country, except that a subpoena to be served on a
person who is not to be found within the territorial jurisdiction of any
court of the United States may be issued only on the prior approval of
the Commission. In case of contumacy by, or refusal to obey a subpoena
issued to, any person, the Commission may invoke the aid of any court of
the United States within the jurisdiction in which the investigation or
proceeding is conducted, or where such person resides or transacts
business, in requiring the attendance and testimony of witnesses and the
production of books, papers, correspondence, memoranda, and other
records. Such court may issue an order requiring such person to appear
before the Commission or member or Administrative Law Judge or other
officer designated by the Commission, there to produce records, if so
ordered, or to give testimony touching the matter under investigation or
in question. Any failure to obey such order of the court may be punished
by the court as a contempt thereof. All process in any such case may be
served in the judicial district wherein such person is an inhabitant or
transacts business or wherever such person may be found.
(Sept. 21, 1922, ch. 369, Sec. 6(c), formerly Sec. 6(b), 42 Stat. 1002;
June 15, 1936, ch. 545, Sec. 8(e)-(g), 49 Stat. 1499; June 16, 1955, ch.
151, 69 Stat. 160; Pub. L. 91-452, title II, Sec. 202, Oct. 15, 1970, 84
Stat. 928; Pub. L. 93-463, title I, Sec. 103(d), title IV, Sec. 408(b),
Oct. 23, 1974, 88 Stat. 1392, 1414; Pub. L. 95-405, Sec. 13(3), Sept.
30, 1978, 92 Stat. 871; Pub. L. 99-641, title I, Sec. 103, Nov. 10,
1986, 100 Stat. 3557; renumbered Sec. 6(c) and amended Pub. L. 102-546,
title II, Sec. 209(a)(1), title III, Sec. 301, title IV, Sec. 402(7),
Oct. 28, 1992, 106 Stat. 3606, 3622, 3624.)
References in Text
This section, referred to in text, means section 6 of act Sept. 21,
1922, ch. 369, 42 Stat. 1001. For classification of section 6 to the
Code, see Codification note below.
The Federal Rules of Civil Procedure, referred to in text, are set
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Codification
Section is comprised of part of subsec. (c) of section 6 of act
Sept. 21, 1922. A further provision of subsec. (c) is contained in
section 9 of this title. This subsec. (c) [former par. (a)] prior to its
incorporation into the Code contained a provision as to finality of
judgments and review by the Supreme Court and is covered by section 1254
of Title 28, Judiciary and Judicial Procedure. Subsecs. (a) and (b) of
section 6 are classified to section 8 of this title. Subsecs. (d), (e),
(f), and (g) of section 6 are classified to sections 13b, 9a, 9b, and 9c
of this title, respectively.
Amendments
1992--Pub. L. 102-546 substituted ``chapter,'' for ``chapter and''
after ``provisions of this'', ``chapter, and for the purpose of any
action taken under section 16(f) of this title, any'' for ``chapter,
any'', and ``subpoena'' for ``subpena'' wherever appearing.
1986--Pub. L. 99-641 inserted ``(except as provided in the third
sentence of this section)'', substituted ``, any State, or any foreign
country or jurisdiction'' for ``or any State'', and inserted provisions
which related to service of subpena upon person not found within
territorial jurisdiction of United States.
1978--Pub. L. 95-405 substituted provisions giving Commission or any
Administrative Law Judge or other officer designated by Commission
independent authority to administer oaths and affirmations, to subpena
witnesses, and related actions for the purpose of conducting
investigations and proceedings with regard to this chapter for
provisions basing authority of Commission or any Administrative Law
Judge with regard to investigations and proceedings under this chapter
on the Interstate Commerce Act and inserted provisions authorizing
Commission to invoke the aid of the courts in requiring attendance and
testimony of witnesses and the production of books and other records.
1974--Pub. L. 93-463 struck out ``the Secretary of Agriculture (or
any person designated by him),'' after ``jurisdiction, and authority
of'' and substituted ``Administrative Law Judge'' for ``referee''.
1970--Pub. L. 91-452 struck out references to sections 46-48 of
title 49, and provisions relating to the immunity of witnesses.
1955--Act June 16, 1955, extended subpoena power to investigations.
1936--Act June 15, 1936, Sec. 8(e), (f), substituted ``sections 12
and 46-48 of title 49'' for ``section 12 of title 49''.
Act June 15, 1936, Sec. 8(g), substituted ``and'' for ``or'' after
``commission''.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-405 effective Oct. 1, 1978, see section 28
of Pub. L. 95-405, set out as a note under section 2 of this title.
Effective Date of 1974 Amendment
For effective date of amendment of Pub. L. 93-463, see section 418
of Pub. L. 93-463, set out as a note under section 2 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, and not to affect any immunity to which any individual is
entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452,
set out as an Effective Date; Savings Provision note under section 6001
of Title 18, Crimes and Criminal Procedure.
Effective Date of 1936 Amendment
Amendment by act June 15, 1936, effective 90 days after June 15,
1936, see section 13 of that act, set out as a note under section 1 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 7a-13, 9a, 9c, 12, 12a, 13b,
18, 21, 27d of this title.
