I 

111TH CONGRESS 

2D SESSION H. R. 5481 

To give subpoena power to the National Commission on the BP Deepwater 

Horizon Oil Spill and Offshore Drilling. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2010 

Mrs. CAPPS (for herself, Mr. MARKEY of Massachusetts, Mr. GEORGE MILLER

of California, Mr. THOMPSON of California, Mr. GRIJALVA, Ms. MCCOLLUM, Mr. DEUTCH, Ms. BERKLEY, Mrs. MALONEY, Mr. SHERMAN, Ms. 

SPEIER, Mr. MICHAUD, Ms. MATSUI, Ms. HIRONO, and Ms. SUTTON) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and 

Infrastructure and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To give subpoena power to the National Commission on 

the BP Deepwater Horizon Oil Spill and Offshore Drilling. 

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

3 SECTION 1. SUBPOENA POWER OF THE NATIONAL COMMIS4 SION ON THE BP DEEPWATER HORIZON OIL 

5 SPILL AND OFFSHORE DRILLING. 

6 (a) SUBPOENA POWER.—The National Commission 

7 on the BP Deepwater Horizon Oil Spill and Offshore 


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1 Drilling established by Executive Order No. 13543 of May 

2 21, 2010 (in this section referred to as the ‘‘Commis3 sion’’), may issue subpoenas to compel the attendance and 

4 testimony of witnesses and the production of books, 

5 records, correspondence, memoranda, and other docu6 ments. 

7 (b) ISSUANCE.— 

8 (1) AUTHORIZATION.—A subpoena may be 

9 issued under this section only— 

10 (A) by agreement of the Co-Chairs of the 

11 Commission; or 

12 (B) by the affirmative vote of a majority of 

13 the members of the Commission. 

14 (2) SIGNATURE AND SERVICE.—A subpoena 

15 issued under this section may be issued under the 

16 signature of either Co-Chair or any member des17 ignated by a majority of the Commission, and may 

18 be served by any person designated by the Co-Chairs 

19 or a member designated by a majority of the Com20 mission. 

21 (c) ENFORCEMENT.— 

22 (1) REQUIRED PROCEDURES.—In the case of 

23 contumacy of any person issued a subpoena under 

24 this section or refusal by such person to comply with 

25 the subpoena, the Commission shall request the AtVerDate Mar 15 2010 00:58 Jun 09, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5481.IH H5481

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•HR 5481 IH

1 torney General to seek enforcement of the subpoena. 

2 Upon such request, the Attorney General shall seek 

3 enforcement of the subpoena in a court described in 

4 paragraph (2). The court in which the Attorney 

5 General seeks enforcement of the subpoena shall 

6 issue an order requiring the subpoenaed person to 

7 appear at any designated place to testify or to 

8 produce documentary or other evidence, and may 

9 punish any failure to obey the order as a contempt 

10 of that court. 

11 (2) JURISDICTION FOR ENFORCEMENT.—Any 

12 United States district court for a judicial district in 

13 which a person issued a subpoena under this section 

14 resides, is served, or may be found, or where the 

15 subpoena is returnable, shall have jurisdiction to en16 force the subpoena as provided in paragraph (1). 

Æ 


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