12 U.S.C. § 5561 — Definitions

Page 1981 TITLE 12—BANKS AND BANKING § 5562 1 See References in Text note below. 1 See References in Text note below. insurance regulator under State law to adopt rules, initiate enforcement proceedings, or take any other action with respect to a person regulated by such commission or regulator. (Pub. L. 111–203, title X, § 1042, July 21, 2010, 124 Stat. 2012.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsecs. (a), (b)(1)(A), and (d)(2), (3), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Financial Protec- tion Act of 2010, which enacted this subchapter and en- acted, amended, and repealed numerous other sections and notes in the Code. For complete classification of title X to the Code, see Short Title note set out under section 5301 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the designated transfer date, see section 1048 of Pub. L. 111–203, set out as a note under section 5551 of this title. § 5553. Preservation of existing contracts This title,1 and regulations, orders, guidance, and interpretations prescribed, issued, or estab- lished by the Bureau, shall not be construed to alter or affect the applicability of any regula- tion, order, guidance, or interpretation pre- scribed, issued, and established by the Comp- troller of the Currency or the Director of the Of- fice of Thrift Supervision regarding the applica- bility of State law under Federal banking law to any contract entered into on or before July 21, 2010, by national banks, Federal savings associa- tions, or subsidiaries thereof that are regulated and supervised by the Comptroller of the Cur- rency or the Director of the Office of Thrift Su- pervision, respectively. (Pub. L. 111–203, title X, § 1043, July 21, 2010, 124 Stat. 2014.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Con- sumer Financial Protection Act of 2010, which enacted this subchapter and enacted, amended, and repealed nu- merous other sections and notes in the Code. For com- plete classification of title X to the Code, see Short Title note set out under section 5301 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the designated transfer date, see section 1048 of Pub. L. 111–203, set out as a note under section 5551 of this title. PART E—ENFORCEMENT POWERS § 5561. Definitions For purposes of this part, the following defini- tions shall apply: (1) Bureau investigation The term ‘‘Bureau investigation’’ means any inquiry conducted by a Bureau investigator for the purpose of ascertaining whether any person is or has been engaged in any conduct that is a violation, as defined in this section. (2) Bureau investigator The term ‘‘Bureau investigator’’ means any attorney or investigator employed by the Bu- reau who is charged with the duty of enforcing or carrying into effect any Federal consumer financial law. (3) Custodian The term ‘‘custodian’’ means the custodian or any deputy custodian designated by the Bu- reau. (4) Documentary material The term ‘‘documentary material’’ includes the original or any copy of any book, docu- ment, record, report, memorandum, paper, communication, tabulation, chart, logs, elec- tronic files, or other data or data compilations stored in any medium. (5) Violation The term ‘‘violation’’ means any act or omission that, if proved, would constitute a violation of any provision of Federal consumer financial law. (Pub. L. 111–203, title X, § 1051, July 21, 2010, 124 Stat. 2018.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 111–203, title X, § 1058, July 21, 2010, 124 Stat. 2035, provided that: ‘‘This subtitle [subtitle E (§§ 1051–1058), enacting this part] shall become effective on the designated transfer date.’’ [The term ‘‘designated transfer date’’ is defined in section 5481(9) of this title as the date established under section 5582 of this title.] § 5562. Investigations and administrative dis- covery (a) Joint investigations (1) In general The Bureau or, where appropriate, a Bureau investigator, may engage in joint investiga- tions and requests for information, as author- ized under this title.1 (2) Fair lending The authority under paragraph (1) includes matters relating to fair lending, and where ap- propriate, joint investigations with, and re- quests for information from, the Secretary of Housing and Urban Development, the Attor- ney General of the United States, or both. (b) Subpoenas (1) In general The Bureau or a Bureau investigator may issue subpoenas for the attendance and testi- mony of witnesses and the production of rel- evant papers, books, documents, or other ma- terial in connection with hearings under this title.1 (2) Failure to obey In the case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph