II
111th CONGRESS
1st Session
H. R. 2873
IN THE SENATE OF THE UNITED STATES
December 3, 2009
Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs
AN ACT
To provide enhanced enforcement authority to the Securities and Exchange Commission.
Short title
This Act may be cited as the
Enhanced S.E.C. Enforcement Authority
Act
.
Nationwide service of process
Securities Act of 1933
Section 22(a) of the Securities Act of 1933
(15 U.S.C.
77v(a)) is amended by inserting after the second sentence the
following: In any civil action instituted by the Commission under this
title in a United States district court for any judicial district, subpoenas
issued to compel the attendance of witnesses or the production of documents or
tangible things (or both) at any hearing or trial may be served at any place
within the United States. Rule 45(c)(3)(A)(ii) of the Federal Rules of Civil
Procedure does not apply to a subpoena so issued.
.
Securities Exchange Act of 1934
Section 27 of the Securities Exchange Act of
1934 (15 U.S.C.
78aa) is amended by inserting after the third sentence the
following: In any civil action instituted by the Commission under this
title in a United States district court for any judicial district, subpoenas
issued to compel the attendance of witnesses or the production of documents or
tangible things (or both) at any hearing or trial may be served at any place
within the United States. Rule 45(c)(3)(A)(ii) of the Federal Rules of Civil
Procedure does not apply to a subpoena so issued.
.
Investment Company Act of 1940
Section 44 of the Investment Company Act of
1940 (15 U.S.C.
80a–43) is amended by inserting after the fourth sentence the
following: In any civil action instituted by the Commission under this
title in a United States district court for any judicial district, subpoenas
issued to compel the attendance of witnesses or the production of documents or
tangible things (or both) at any hearing or trial may be served at any place
within the United States. Rule 45(c)(3)(A)(ii) of the Federal Rules of Civil
Procedure does not apply to a subpoena so issued.
.
Investment Advisers Act of 1940
Section 214 of the Investment Advisers Act
of 1940 (15 U.S.C.
80b–14) is amended by inserting after the third sentence the
following: In any civil action instituted by the Commission under this
title in a United States district court for any judicial district, subpoenas
issued to compel the attendance of witnesses or the production of documents or
tangible things (or both) at any hearing or trial may be served at any place
within the United States. Rule
.
45(c)(3)(A)(ii) of the
Federal Rules of Civil Procedure does not apply to a subpoena so
issued.
Passed the House of Representatives December 2, 2009.
Lorraine C. Miller,
Clerk.