under section 2516 of title 18. Such investigative func-
tions and powers shall include—
(1) requiring by special or general orders, any
person to submit, under oath, such written reports
and answers to questions as the Commission may
prescribe;
(2) administering oaths or affirmations;
(3) requiring by subpoena approved by a vote of
the Commission, the attendance and testimony of
witnesses and the production of all documentary evi-
dence relating to the execution of its duties;
(4) in any proceeding or investigation, ordering
testimony to be taken by deposition before any per-
son who is designated by the Commission and has
the power to administer oaths and, in such in-
stances, compelling testimony and the production of
evidence in the same manner as authorized under
paragraph (3);
(5) paying witnesses the same fees and mileages
as are paid in like circumstances in the courts of the
United States;
(6) developing such prescribed forms and mak-
ing, amending, and repealing such rules, pursuant to
the provisions of chapter 5 of title 5, United States
Code, as are necessary to carry out the provisions of
this Act and chapter 95 and chapter 96 of the Inter-
nal Revenue Code of 1986; and
(7) conducting investigations and hearings ex-
peditiously, to encourage voluntary compliance, and
reporting apparent violations to the appropriate law
enforcement authorities.
(8) reviewing all documentary evidence available
from any source;
(9) determining whether to contest the asser-
tion of any testimonial privilege;
(10) receiving appropriate national security
clearances and, if necessary, contesting in court (in-
cluding, where appropriate, participating in camera
proceedings) any claim of privilege or attempt to
withhold evidence on grounds of national security;
(11) making applications to any Federal court
for a grant of immunity to any witness, consistent
with applicable statutory requirements, or for war-
rants, subpoenas, or other court orders, and, for
purposes of sections 6003, 6004, and 6005 of title
18, exercising the authority vested in a United
States attorney or the Attorney General; and
(12) inspecting, obtaining, or using the original
or a copy of any tax return, in accordance with the
applicable statutes and regulations, and, for pur-
poses of section 6103 of the Internal Revenue Code
of 1986 and the regulations issued thereunder, exer-
cising the powers vested in a United States attorney
or the Attorney General;
(b) JUDICIAL ORDERS FOR COMPLIANCE WITH SUB-
POENAS AND ORDERS OF COMMISSION; CONTEMPT OF
COURT.—Upon petition by the Commission, any United
States district court within the jurisdiction of which any
inquiry is being carried on may, in case of refusal to obey
a subpoena or order of the Commission issued under sub-
section (a), issue an order requiring compliance. Any fail-
ure to obey the order of the court may be punished by
the court as a contempt thereof.
(c) ASSISTANCE OF DEPARTMENT OF JUSTICE.—The
Commission may request assistance from the Department
of Justice in carrying out the functions of the Commission,
and the Department of Justice shall provide that assist-
ance, which may include access to any records, files, or
other materials relevant to matters within such Commis-
sion’s jurisdiction, and the use of the resources and per-
sonnel necessary to perform the Commission’s duties. At
the request of the Commission administrative personnel
and other employees of the Department of Justice may
be detailed to the staff of the Commission.
(d) NATIONAL SECURITY.—The Commission shall
comply with guidelines and procedures used by the De-
partment of Justice in the handling and use of classified
material.
(e) CUSTODY OF RECORDS OF THE COMMISSION.—
(1) TRANSFER
OF
RECORDS.—Upon termi-
nation of an investigation of the Commission, the
Commission shall transfer to the Archivist of the
United States all records which have been created or
received by the Commission. Before this transfer,
the Commission shall clearly identify which of these
records are subject to rule 6(e) of the Federal Rules
of Criminal Procedure as grand jury materials and
which of these records have been classified as na-
tional security information.
(2) MAINTENANCE, USE, AND
DISPOSAL
OF
RECORDS.—Records transferred to the Archivist
under paragraph (1) shall be maintained, used, and
disposed of in accordance with chapters 21, 29, and
33 of title 44.
(3) ACCESS TO RECORDS.—
(A) IN GENERAL.—Subject to paragraph
(4), access to the records transferred to the Ar-
chivist under paragraph (1) shall be governed
by section 552 of title 5, United States Code.
(B) ACCESS
BY
DEPARTMENT
OF
JUS-
TICE.—The Archivist shall, upon written appli-
cation by the Attorney General, disclose any
such records to the Department of Justice for
purposes of an ongoing law enforcement inves-
tigation or court proceeding, except that, in the
case of grand jury materials, such records shall
be so disclosed only by order of the court of ju-
risdiction under rule 6(e) of the Federal Rules
of Criminal Procedure.
(C) EXCEPTION.—Notwithstanding any re-
striction on access imposed by law, the Archi-
vist and persons employed by the National Ar-
chives and Records Administration who are en-
gaged in the performance of normal archival
work shall be permitted access to the records
transferred to the Archivist under paragraph
(1).
(4) RECORDS
PROVIDED
BY
CONGRESS.—
Records of an investigation conducted by a com-
mittee of the House of Representatives or the Senate
which are provided to the Commission to assist in an
investigation conducted by the Commission—
(A) shall be maintained as a separate body
of records within the records of the Commis-
sion: and
(B) shall, after the records have been
transferred to the Archivist under paragraph
(1), be made available, except as provided in
subparagraphs (B) and (C) of paragraph (3), in
accordance with the rules governing release of
the records of the House of Congress that pro-
vided the records to the Commission.
(f) COST CONTROLS.—
(1) COST CONTROLS.—The Commission shall—
(A) conduct all activities with due regard
for expense;
(B) authorize only reasonable and lawful
expenditures; and
(C) promptly assign to a specific employee
the duty of certifying that expenditures of the
Commission are reasonable and made in accord-
ance with law.
(2) DEPARTMENT OF JUSTICE POLICIES.—The
Commission shall comply with the established poli-
cies of the Department of Justice respecting expend-
itures of funds, except to the extent that compliance
would be inconsistent with the purposes of this Act.
(g) CIVIL LIABILITY FOR DISCLOSURE OF INFORMA-
TION.—No person shall be subject to civil liability to any
person (other than the Commission or the United States)
for disclosing information at the request of the Commis-
sion.
SEC. 7. REPORT OF THE COMMISSION.
(a) IN GENERAL.—Upon completion of an investiga-
tion under section 5, the Commission shall make a report
of the investigation to the Congress which is a comprehen-
sive statement of its scope and extent and the findings
made with respect to the criminal liability of the subject
of the investigation.
(b) PUBLICATION.—The Public Printer shall cause to
be printed any such report. Additional copies shall be
made available to the public through the depository library
program and Superintendent of Documents sales program
pursuant to sections 1702 and 1903 of title 44.
SEC. 8. CONSTRUCTION.
(a) CONSTRUCTION.—Nothing in this Act shall be
construed to limit, restrict, or diminish any investigatory,
informational, oversight, supervisory, or disciplinary au-
thority or function of the Congress or any committee of
the Congress.
Æ