[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2873 Referred in Senate (RFS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced S.E.C. Enforcement 
Authority Act''.

SEC. 2. NATIONWIDE SERVICE OF PROCESS.

    (a) 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.''.
    (b) 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.''.
    (c) 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.''.
    (d) 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.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.