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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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HR 2873 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Enhanced S.E.C. En3 forcement Authority Act’’. 

4 SEC. 2. NATIONWIDE SERVICE OF PROCESS. 

5 (a) SECURITIES ACT OF 1933.—Section 22(a) of the 

6 Securities Act of 1933 (15 U.S.C. 77v(a)) is amended by 

7 inserting after the second sentence the following: ‘‘In any 

8 civil action instituted by the Commission under this title 

9 in a United States district court for any judicial district, 

10 subpoenas issued to compel the attendance of witnesses 

11 or the production of documents or tangible things (or 

12 both) at any hearing or trial may be served at any place 

13 within the United States. Rule 45(c)(3)(A)(ii) of the Fed14 eral Rules of Civil Procedure does not apply to a subpoena 

15 so issued.’’. 

16 (b) SECURITIES EXCHANGE ACT OF 1934.—Section 

17 27 of the Securities Exchange Act of 1934 (15 U.S.C. 

18 78aa) is amended by inserting after the third sentence the 

19 following: ‘‘In any civil action instituted by the Commis20 sion under this title in a United States district court for 

21 any judicial district, subpoenas issued to compel the at22 tendance of witnesses or the production of documents or 

23 tangible things (or both) at any hearing or trial may be 

24 served at any place within the United States. Rule 

25 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure 

26 does not apply to a subpoena so issued.’’. 


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HR 2873 RFS 

1 (c) INVESTMENT COMPANY ACT OF 1940.—Section 

2 44 of the Investment Company Act of 1940 (15 U.S.C. 

3 80a–43) is amended by inserting after the fourth sentence 

4 the following: ‘‘In any civil action instituted by the Com5 mission under this title in a United States district court 

6 for any judicial district, subpoenas issued to compel the 

7 attendance of witnesses or the production of documents 

8 or tangible things (or both) at any hearing or trial may 

9 be served at any place within the United States. Rule 

10 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure 

11 does not apply to a subpoena so issued.’’. 

12 (d) INVESTMENT ADVISERS ACT OF 1940.—Section 

13 214 of the Investment Advisers Act of 1940 (15 U.S.C. 

14 80b–14) is amended by inserting after the third sentence 

15 the following: ‘‘In any civil action instituted by the Com16 mission under this title in a United States district court 

17 for any judicial district, subpoenas issued to compel the 

18 attendance of witnesses or the production of documents 

19 or tangible things (or both) at any hearing or trial may 

20 be served at any place within the United States. Rule 


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HR 2873 RFS 

1 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure 

2 does not apply to a subpoena so issued.’’. 

Passed the House of Representatives December 2, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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