May 29, 1968 - 17 Pub. Law 90-321 collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection. "8 895. Immunity of witnesses "Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness in any case or proceeding before any grand jury or court of the United States involving any violation of this chapter is necessary to the public interest, he, upon the approval of the Attorney General or his designated representative, may make application to the court that the witness be instructed to testify or produce evidence subject to the provisions of this section. Upon order of the court the witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no such witness may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor may testimony so compelled be used as evidence in any criminal proceeding against him in any court, except a prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section. "8 896. Effect on State laws "This chapter does not preempt any field of law with respect to which State legislation would be permissible in the absence of this chapter. No law of any State which would be valid in the absence of this chapter may be held invalid or inapplicable by virtue of the existence of this chapter, and no officer, agency, or instrumentality of any State may be deprived by virtue of this chapter of any jurisdiction over any offense over which it would have jurisdiction in the absence of this chapter." (b) The table of chapters captioned "Part I-Crimes" at the beginning of part I of title 18 of the United States Code is amended by inserting "42. Extortionate credit transactions__ immediately above "43. False personation.... 891" 911". § 203. Reports by Attorney General 82 STAT 162 The Attorney General shall make an annual report to Congress of Report to the activities of the Department of Justice in the enforcement of Congress. chapter 42 of title 18 of the United States Code. TITLE III-RESTRICTION ON GARNISHMENT Sec. 301. Findings and purpose. 302. Definitions. 303. Restriction on garnishment. 304. Restriction on discharge from employment by reason of garnishment. 305. Exemption for State-regulated garnishments. 306. Enforcement by Secretary of Labor. 307. Effect on State laws. 82 STAT, 163 80 Stat. 838. 52 Stat. 930. 11 USC 1001- Pub. Law 90-321 §301. Findings and purpose (1) The unrestricted garnishment of compensation due for per- (2) The application of garnishment as a creditors' remedy fre- (3) The great disparities among the laws of the several States (b) On the basis of the findings stated in subsection (a) of this sec- §302. Definitions For the purposes of this title: (a) The term "earnings" means compensation paid or payable for (b) The term "disposable earnings" means that part of the earnings (c) The term "garnishment" means any legal or equitable procedure 8303. Restriction on garnishment (a) Except as provided in subsection (b) and in section 305, the (1) 25 per centum of his disposable earnings for that week, or whichever is less. In the case of earnings for any pay period other than (b) The restrictions of subsection (a) do not apply in the case of (3) any debt due for any State or Federal tax. (c) No court of the United States or any State may make, execute, 8304. Restriction on discharge from employment by reason of garnishment (a) No employer may discharge any employee by reason of the 75-623 74 pt. 2 15 May 29, 1968 19 Pub. Law 90-321 82 STAT. 164 (b) Whoever willfully violates subsection (a) of this section shall be Penalties. fined not more than $1,000, or imprisoned not more than one year, or both. 8305. Exemption for State-regulated garnishments The Secretary of Labor may by regulation exempt from the provisions of section 303 (a) garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which are substantially similar to those provided in section 303 (a). 8306. Enforcement by Secretary of Labor The Secretary of Labor, acting through the Wage and Hour Division of the Department of Labor, shall enforce the provisions of this title. 8307. Effect on State laws This title does not annul, alter, or affect, or exempt any person from complying with, the laws of any State Sec. (1) prohibiting garnishments or providing for more limited garnishments than are allowed under this title, or (2) prohibiting the discharge of any employee by reason of the fact that his earnings have been subjected to garnishment for more than one indebtedness. TITLE IV-NATIONAL COMMISSION ON 401. Establishment. CONSUMER FINANCE 402. Membership of the Commission. 403. Compensation of members. 404. Duties of the Commission. 405. Powers of the Commission. 406. Administrative arrangements. 407. Authorization of appropriations. § 401. Establishment There is established a bipartisan National Commission on Consumer Finance, referred to in this title as the "Commission". § 402. Membership of the Commission (a) The Commission shall be composed of nine members, of whom (1) three are Members of the Senate appointed by the President of the Senate; (2) three are Members of the House of Representatives appointed by the Speaker of the House of Representatives; and (3) three are persons not employed in a full-time capacity by the United States appointed by the President, one of whom he shall designate as Chairman. (b) A vacancy in the Commission does not affect its powers and may be filled in the same manner as the original appointment. (c) Five members of the Commission constitute a quorum. § 403. Compensation of members (a) Members of Congress who are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. (b) Each member of the Commission who is appointed by the President may receive compensation at a rate of $100 for each day he is engaged upon work of the Commission, and shall be reimbursed for travel expenses, including per diem in lieu of subsistence as authorized 82 STAT. 165 80 Stat. 499. Reports to Compliance order by court. Pub. Law 90-321 - 20 May 29, 1968 by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. 8404. Duties of the Commission (a) The Commission shall study and appraise the functioning and structure of the consumer finance industry, as well as consumer credit transactions generally. The Commission, in its report and recommendations to the Congress, shall include treatment of the following topics: (1) The adequacy of existing arrangements to provide consumer credit at reasonable rates. (2) The adequacy of existing supervisory and regulatory mechanisms to protect the public from unfair practices, and insure the informed use of consumer credit. (3) The desirability of Federal chartering of consumer finance companies, or other Federal regulatory measures. (b) The Commission may make interim reports and shall make a final report of its findings, recommendations, and conclusions to the President and to the Congress by January 1, 1971. 8405. Powers of the Commission (a) The Commission, or any three members thereof as authorized by the Commission, may conduct hearings anywhere in the United States or otherwise secure data and expressions of opinion pertinent to the study. In connection therewith the Commission is authorized by majority vote (1) to require, by special or general orders, corporations, business firms, and individuals to submit in writing such reports and answers to questions as the Commission may prescribe; such submission shall be made within such reasonable period and under oath or otherwise as the Commission may determine. (2) to administer oaths. (3) to require by subpena the attendance and testimony of witnesses and the production of all documentary evidence relating · to the execution of its duties. (4) in the case of disobedience to a subpena or order issued under paragraph (a) of this section to invoke the aid of any district court of the United States in requiring compliance with such subpena or order. (5) in any proceeding or investigation to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths, and in such instances to compel testimony and the production of evidence in the same manner as authorized under subparagraphs (3) and (4) above. (6) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (b) Any district court of the United States within the jurisdiction of which an inquiry is carried on may, in case of refusal to obey a subpena or order of the Commission issued under paragraph (a) of this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) The Commission may require directly from the head of any Federal executive department or independent agency available information which the Commission deems useful in the discharge of its duties. All departments and independent agencies of the Government shall cooperate with the Commission and furnish all information requested by the Commission to the extent permitted by law. (d) The Commission may enter into contracts with Federal or State tract authority. agencies, private firms, institutions, and individuals for the conduct of Research con May 29, 1968 21 Pub. Law 90-32182 STAT. 166 research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. (e) When the Commission finds that publication of any information obtained by it is in the public interest and would not give an unfair competitive advantage to any person, it may publish the information in the form and manner deemed best adapted for public use, except that data and information which would separately disclose the business transactions of any person, trade secrets, or names of customers shall be held confidential and shall not be disclosed by the Commission or its staff. The Commission shall permit business firms or individuals reasonable access to documents furnished by them for the purpose of obtaining or copying those documents as need may arise. (f) The Commission may delegate any of its functions to individual members of the Commission or to designated individuals on its staff and to make such rules and regulations as are necessary for the conduct of its business, except as otherwise provided in this title. § 406. Administrative arrangements (a) The Commission may, without regard to the provisions of title 5, United States Code, relating to appointments in the competitive service or to classification and General Schedule pay rates, appoint and fix the compensation of an executive director. The executive director, with the approval of the Commission, shall employ and fix the compensation of such additional personnel as may be necessary to carry out the functions of the Commission, but no individual so appointed may receive compensation in excess of the rate authorized for GS-18 under the General Schedule. 81 Stat. 625. 5 USC 5332. (b) The executive director, with the approval of the Commission, may obtain services in accordance with section 3109 of title 5 of the 80 Stat. 416. United States Code, but at rates for individuals not to exceed $100 per diem. detail. (c) The head of any executive department or independent agency Personnel of the Federal Government may detail, on a reimbursable basis, any of its personnel to assist the Commission in carrying out its work. (d) Financial and administrative services (including those related to budgeting and accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator of General Services. The regulations of the General Services Administration for the collection of indebtedness of personnel resulting from erroneous payments apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of that Administration for the administrative control of funds apply to appropriations of the Commission. (e) Ninety days after submission of its final report, as provided in Termination of section 404 (b), the Commission shall cease to exist. § 407. Authorization of appropriations There are authorized to be appropriated such sums not in excess of $1,500,000 as may be necessary to carry out the provisions of this title. Any money so appropriated shall remain available to the Commission until the date of its expiration, as fixed by section 406 (e). Sec. TITLE V-GENERAL PROVISIONS 501. Severability. 502. Captions and catchlines for reference only. 703. Grammaticul usages. 504. Effective dates. Commission. |