§ 79r. — Investigations, injunctions, and enforcement of law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC79r]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2C--PUBLIC UTILITY HOLDING COMPANIES
Sec. 79r. Investigations, injunctions, and enforcement of law
(a) Investigations to determine violations, aid in enforcement and as
basis for recommendations
The Commission, in its discretion, may investigate any facts,
conditions, practices, or matters which it may deem necessary or
appropriate to determine whether any person has violated or is about to
violate any provision of this chapter or any rule or regulation
thereunder, or to aid in the enforcement of the provisions of this
chapter, in the prescribing of rules and regulations thereunder, or in
obtaining information to serve as a basis for recommending further
legislation concerning the matters to which this chapter relates. The
Commission may require or permit any person to file with it a statement
in writing, under oath or otherwise as it shall determine, as to any or
all facts and circumstances concerning a matter which may be the subject
of investigation. The Commission, in its discretion, may publish, or
make available to State commissions, information concerning any such
subject.
(b) Investigation of business, financial condition, etc., of companies
The Commission upon its own motion or at the request of a State
commission may investigate, or obtain any information regarding the
business, financial condition, or practices of any registered holding
company or subsidiary company thereof or facts, conditions, practices,
or matters affecting the relations between any such company and any
other company or companies in the same holding-company system.
(c) Administering oaths; subpenas; examining witnesses
For the purpose of any investigation or any other proceeding under
this chapter, any member of the Commission, or any officer thereof
designated by it, is empowered to administer oaths and affirmations,
subpena witnesses, compel their attendance, take evidence, and require
the production of any books, papers, correspondence, memoranda,
contracts, agreements, or other records which the Commission deems
relevant or material to the inquiry. Such attendance of witnesses and
the production of any such records may be required from any place in any
State or in any Territory or other place subject to the jurisdiction of
the United States at any designated place of hearing.
(d) Court aid to compel giving testimony; penalty for refusal to testify
In case of contumacy by, or refusal to obey a subpena issued to, any
person, the Commission may invoke the aid of any court of the United
States within the jurisdiction of which such investigation or proceeding
is carried on, or where such person resides or carries on business, in
requiring the attendance and testimony of witnesses and the production
of books, papers, correspondence, memoranda, contracts, agreements, and
other records. And such court may issue an order requiring such person
to appear before the Commission or member or officer designated by the
Commission, there to produce records, if so ordered, or to give
testimony touching the matter under investigation or in question; and
any failure to obey such order of the court may be punished by such
court as a contempt thereof. All process in any such case may be served
in the judicial district whereof such person is an inhabitant or
wherever he may be found. Any person who, without just cause, shall fail
or refuse to attend and testify or to answer any lawful inquiry or to
produce books, papers, correspondence, memoranda, contracts, agreements,
or other records, if in his or its power so to do, in obedience to the
subpena of the Commission, 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 one year, or both.
(e) Injunctions to restrain violations; prosecutions
Whenever it shall appear to the Commission that any person is
engaged or about to engage in any acts or practices which constitute or
will constitute a violation of the provisions of this chapter, or of any
rule, regulation, or order thereunder, it may in its discretion bring an
action in the proper district court of the United States or the United
States courts of any Territory or other place subject to the
jurisdiction of the United States, to enjoin such acts or practices and
to enforce compliance with this chapter or any rule, regulation, or
order thereunder, and upon a proper showing a permanent or temporary
injunction or decree or restraining order shall be granted without bond.
The Commission may transmit such evidence as may be available concerning
such acts or practices to the Attorney General, who, in his discretion,
may institute the appropriate criminal proceedings under this chapter.
(f) Mandamus to compel compliance with law
Upon application of the Commission, the district courts of the
United States and the United States courts of any Territory or other
place subject to the jurisdiction of the United States shall have
jurisdiction to issue writs of mandamus commanding any person to comply
with the provisions of this chapter or any rule, regulation, or order of
the Commission thereunder.
(Aug. 26, 1935, ch. 687, title I, Sec. 18, 49 Stat. 831; June 25, 1936,
ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat.
991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 91-452,
title II, Sec. 214, Oct. 15, 1970, 84 Stat. 929; Pub. L. 100-181, title
IV, Sec. 402, Dec. 4, 1987, 101 Stat. 1259.)
Codification
As originally enacted subsecs. (e) and (f) contained references to
the Supreme Court of the District of Columbia. Act June 25, 1936,
substituted ``the district court of the United States for the District
of Columbia'' for ``the Supreme Court of the District of Columbia''.
Pub. L. 100-181 struck out reference to the district court of the United
States for the District of Columbia. Previously, act June 25, 1948, as
amended by act May 24, 1949, had substituted ``United States District
Court for the District of Columbia'' for ``district court of the United
States for the District of Columbia'', but such words had been
editorially eliminated as superfluous in view of section 132(a) of Title
28, Judiciary and Judicial Procedure, which provides that ``There shall
be in each judicial district a district court which shall be a court of
record known as the United States District Court for the district'', and
section 88 of Title 28 which provides that ``the District of Columbia
constitutes one judicial district''.
Amendments
1987--Subsecs. (e) to (g). Pub. L. 100-181 redesignated subsecs. (f)
and (g) as (e) and (f), respectively, and, in each, struck out ``, the
district court of the United States for the District of Columbia,''
after ``district courts of the United States''. See Codification note
above.
1970--Subsec. (e). Pub. L. 91-452 struck out subsec. (e) which
related to immunity from prosecution of any individual compelled to
testify or produce evidence, documentary or otherwise, after claiming
his privilege against self-incrimination.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-452 effective on 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.
Savings Provision
Amendment by Pub. L. 91-452 not to affect any immunity to which any
individual is entitled under this section by reason of any testimony
given before the 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.
Transfer of Functions
For transfer of functions of Securities and Exchange Commission,
with certain exceptions, to Chairman of such Commission, see Reorg. Plan
No. 10 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.
1265, set out under section 78d of this title.
Section Referred to in Other Sections
This section is referred to in sections 78u, 79k of this title.
