II 

Calendar No. 442 

111TH CONGRESS 

2D SESSION H. R. 5481 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2010 

Received and read the first time 

JUNE 25, 2010 

Read the second time and placed on the calendar 

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, 

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 

8 Drilling established by Executive Order No. 13543 of May 

9 21, 2010 (in this section referred to as the ‘‘Commis10 sion’’), may issue subpoenas to compel the attendance and 


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1 testimony of witnesses and the production of books, 

2 records, correspondence, memoranda, and other docu3 ments. 

4 (b) ISSUANCE.— 

5 (1) AUTHORIZATION.—A subpoena may be 

6 issued under this section only by— 

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

8 Commission; or 

9 (B) the affirmative vote of a majority of 

10 the members of the Commission. 

11 (2) JUSTICE DEPARTMENT COORDINATION.— 

12 (A) NOTIFICATION.—The Commission 

13 shall notify the Attorney General or his or her 

14 designee of the Commission’s intent to issue a 

15 subpoena under this section, the identity of the 

16 witness, and the nature of the testimony sought 

17 before issuing such a subpoena. The form and 

18 content of such notice shall be set forth in the 

19 guidelines to be issued under subparagraph (D). 

20 (B) CONDITIONS FOR OBJECTION TO

21 ISSUANCE.—The Commission may not issue a 

22 subpoena under authority of this Act if the At23 torney General objects to the issuance of the 

24 subpoena on the basis that the taking of the 

25 testimony is likely to interfere with any— 


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1 (i) Federal or State criminal inves2 tigation or prosecution; or 

3 (ii) pending investigation under sec4 tions 3729 through 3732 of title 31, 

5 United States Code (commonly known as 

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

7 Federal statute providing for civil rem8 edies, or any civil litigation to which the 

9 United States or any of its agencies is or 

10 is likely to be a party. 

11 (C) NOTIFICATION OF OBJECTION.—The 

12 Attorney General or relevant United States At13 torney shall notify the Commission of an objec14 tion raised under this paragraph without unnec15 essary delay and as set forth in the guidelines 

16 to be issued under subparagraph (D). 

17 (D) GUIDELINES.—As soon as practicable, 

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

19 enactment of this Act, the Attorney General, 

20 after consultation with the Commission, shall 

21 issue guidelines to carry out this subsection. 

22 (3) SIGNATURE AND SERVICE.—A subpoena 

23 issued under this section may be— 


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1 (A) issued under the signature of either 

2 Co-Chair or any member designated by a ma3 jority of the Commission; and 

4 (B) served by any person designated by the 

5 Co-Chairs or a member designated by a major6 ity of the Commission. 

7 (c) ENFORCEMENT.— 

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

9 contumacy of any person issued a subpoena under 

10 this section or refusal by such person to comply with 

11 the subpoena, the Commission shall request the At12 torney General to seek enforcement of the subpoena. 

13 Upon such request the Attorney General shall seek 

14 enforcement of the subpoena in a court described in 

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

16 General seeks enforcement of the subpoena shall 

17 issue an order requiring the subpoenaed person to 

18 appear at any designated place to testify or to 

19 produce documentary or other evidence, and may 

20 punish any failure to obey the order as a contempt 

21 of that court. 

22 (2) JURISDICTION FOR ENFORCEMENT.—Any 

23 United States district court for a judicial district in 

24 which a person issued a subpoena under this section 

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


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1 subpoena is returnable, shall have jurisdiction to en2 force the subpoena as provided in paragraph (1). 

Passed the House of Representatives June 23, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jlentini on DSKJ8SOYB1PROD with BILLS
Calendar No. 442 

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 

JUNE 25, 2010 

Read the second time and placed on the calendar 


jlentini on DSKJ8SOYB1PROD with BILLS