111TH CONGRESS 

2D SESSION H. R. 5481 

AN ACT 

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, 
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1 SECTION 1. SUBPOENA POWER OF THE NATIONAL COMMIS2 SION ON THE BP ‘‘DEEPWATER HORIZON’’ OIL 

3 SPILL AND OFFSHORE DRILLING. 

4 (a) SUBPOENA POWER.—The National Commission 

5 on the BP Deepwater Horizon Oil Spill and Offshore 

6 Drilling established by Executive Order No. 13543 of May 

7 21, 2010 (in this section referred to as the ‘‘Commis8 sion’’), may issue subpoenas to compel the attendance and 

9 testimony of witnesses and the production of books, 

10 records, correspondence, memoranda, and other docu11 ments. 

12 (b) ISSUANCE.— 

13 (1) AUTHORIZATION.—A subpoena may be 

14 issued under this section only by— 

15 (A) agreement of the Co-Chairs of the 

16 Commission; or 

17 (B) the affirmative vote of a majority of 

18 the members of the Commission. 

19 (2) JUSTICE DEPARTMENT COORDINATION.— 

20 (A) NOTIFICATION.—The Commission 

21 shall notify the Attorney General or his or her 

22 designee of the Commission’s intent to issue a 

23 subpoena under this section, the identity of the 

24 witness, and the nature of the testimony sought 

25 before issuing such a subpoena. The form and 
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1 content of such notice shall be set forth in the 

2 guidelines to be issued under subparagraph (D). 

3 (B) CONDITIONS FOR OBJECTION TO

4 ISSUANCE.—The Commission may not issue a 

5 subpoena under authority of this Act if the At6 torney General objects to the issuance of the 

7 subpoena on the basis that the taking of the 

8 testimony is likely to interfere with any— 

9 (i) Federal or State criminal inves10 tigation or prosecution; or 

11 (ii) pending investigation under sec12 tions 3729 through 3732 of title 31, 

13 United States Code (commonly known as 

14 the ‘‘Civil False Claims Act’’) or other 

15 Federal statute providing for civil rem16 edies, or any civil litigation to which the 

17 United States or any of its agencies is or 

18 is likely to be a party. 

19 (C) NOTIFICATION OF OBJECTION.—The 

20 Attorney General or relevant United States At21 torney shall notify the Commission of an objec22 tion raised under this paragraph without unnec23 essary delay and as set forth in the guidelines 

24 to be issued under subparagraph (D). 
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1 (D) GUIDELINES.—As soon as practicable, 

2 but no later than 30 days after the date of the 

3 enactment of this Act, the Attorney General, 

4 after consultation with the Commission, shall 

5 issue guidelines to carry out this subsection. 

6 (3) SIGNATURE AND SERVICE.—A subpoena 

7 issued under this section may be— 

8 (A) issued under the signature of either 

9 Co-Chair or any member designated by a ma10 jority of the Commission; and 

11 (B) served by any person designated by the 

12 Co-Chairs or a member designated by a major13 ity of the Commission. 

14 (c) ENFORCEMENT.— 

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

16 contumacy of any person issued a subpoena under 

17 this section or refusal by such person to comply with 

18 the subpoena, the Commission shall request the At19 torney General to seek enforcement of the subpoena. 

20 Upon such request the Attorney General shall seek 

21 enforcement of the subpoena in a court described in 

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

23 General seeks enforcement of the subpoena shall 

24 issue an order requiring the subpoenaed person to 

25 appear at any designated place to testify or to 
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1 produce documentary or other evidence, and may 

2 punish any failure to obey the order as a contempt 

3 of that court. 

4 (2) JURISDICTION FOR ENFORCEMENT.—Any 

5 United States district court for a judicial district in 

6 which a person issued a subpoena under this section 

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

8 subpoena is returnable, shall have jurisdiction to en9 force the subpoena as provided in paragraph (1). 

Passed the House of Representatives June 23, 2010. 

Attest: 

Clerk. 
111TH CONGRESS 

2D SESSION H. R. 5481 

AN ACT 

To give subpoena power to the National CommisOffshore Drilling. sion on the BP Deepwater Horizon Oil Spill and