
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC49]

 
                      TITLE 15--COMMERCE AND TRADE
 
   CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND 
               PREVENTION OF UNFAIR METHODS OF COMPETITION
 
                 SUBCHAPTER I--FEDERAL TRADE COMMISSION
 
Sec. 49. Documentary evidence; depositions; witnesses

    For the purposes of this subchapter the Commission, or its duly 
authorized agent or agents, shall at all reasonable times have access 
to, for the purpose of examination, and the right to copy any 
documentary evidence of any person, partnership, or corporation being 
investigated or proceeded against; and the Commission shall have power 
to require by subpoena the attendance and testimony of witnesses and the 
production of all such documentary evidence relating to any matter under 
investigation. Any member of the Commission may sign subpoenas, and 
members and examiners of the Commission may administer oaths and 
affirmations, examine witnesses, and receive evidence.
    Such attendance of witnesses, and the production of such documentary 
evidence, may be required from any place in the United States, at any 
designated place of hearing. And in case of disobedience to a subpoena 
the Commission may invoke the aid of any court of the United States in 
requiring the attendance and testimony of witnesses and the production 
of documentary evidence.
    Any of the district courts of the United States within the 
jurisdiction of which such inquiry is carried on may, in case of 
contumacy or refusal to obey a subpoena issued to any person, 
partnership, or corporation issue an order requiring such person, 
partnership, or corporation to appear before the Commission, or to 
produce documentary evidence if so ordered, or to give evidence touching 
the matter in question; and any failure to obey such order of the court 
may be punished by such court as a contempt thereof.
    Upon the application of the Attorney General of the United States, 
at the request of the Commission, the district courts of the United 
States shall have jurisdiction to issue writs of mandamus commanding any 
person, partnership, or corporation to comply with the provisions of 
this subchapter or any order of the Commission made in pursuance 
thereof.
    The Commission may order testimony to be taken by deposition in any 
proceeding or investigation pending under this subchapter at any stage 
of such proceeding or investigation. Such depositions may be taken 
before any person designated by the commission and having power to 
administer oaths. Such testimony shall be reduced to writing by the 
person taking the deposition, or under his direction, and shall then be 
subscribed by the deponent. Any person may be compelled to appear and 
depose and to produce documentary evidence in the same manner as 
witnesses may be compelled to appear and testify and produce documentary 
evidence before the Commission as hereinbefore provided.
    Witnesses summoned before the Commission shall be paid the same fees 
and mileage that are paid witnesses in the courts of the United States 
and witnesses whose depositions are taken and the persons taking the 
same shall severally be entitled to the same fees as are paid for like 
services in the courts of the United States.

(Sept. 26, 1914, ch. 311, Sec. 9, 38 Stat. 722; Pub. L. 91-452, title 
II, Sec. 211, Oct. 15, 1970, 84 Stat. 929; Pub. L. 93-637, title II, 
Sec. 203(b), Jan. 4, 1975, 88 Stat. 2198.)


                               Amendments

    1975--First par. Pub. L. 93-637, Sec. 203(b)(1), substituted 
``person, partnership, or corporation'' for ``corporation''.
    Third par. Pub. L. 93-637, Sec. 203(b)(2), substituted ``person, 
partnership, or corporation'' for ``corporation or other person'' 
wherever appearing.
    Fourth par. Pub. L. 93-637, Sec. 203(b)(3), substituted ``person, 
partnership, or corporation'' for ``person or corporation''.
    1970--Seventh par. Pub. L. 91-452 struck out provisions which 
granted immunity from prosecution for any natural person testifying or 
producing evidence, documentary or otherwise, before the commission in 
obedience to a subpoena issued by it.


                    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 Federal Trade Commission, with certain 
exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 
1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out 
under section 41 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 57b-1 of this title; title 7 
sections 198b, 222, 610, 1636, 2146, 3807; title 21 sections 467d, 677, 
1051; title 26 section 5274; title 27 section 202; title 29 sections 
177, 209, 521, 1134, 1862, 2004, 2933; title 33 sections 907, 944; title 
42 section 7255; title 50 App. section 1983.
