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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SUBPOENA POWER OF THE NATIONAL COMMIS-
SION ON THE BP ‘‘DEEPWATER HORIZON’’ OIL 
SPILL AND OFFSHORE DRILLING. 
(a) SUBPOENA POWER.—The National Commission 
on the BP Deepwater Horizon Oil Spill and Offshore 
Drilling established by Executive Order No. 13543 of May 
21, 2010 (in this section referred to as the ‘‘Commis-
sion’’), may issue subpoenas to compel the attendance and 
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testimony of witnesses and the production of books, 
records, correspondence, memoranda, and other docu-
ments. 
(b) ISSUANCE.— 
(1) AUTHORIZATION.—A subpoena may be 
issued under this section only by— 
(A) agreement of the Co-Chairs of the 
Commission; or 
(B) the affirmative vote of a majority of 
the members of the Commission. 
(2) JUSTICE DEPARTMENT COORDINATION.— 
(A) 
NOTIFICATION.—The 
Commission 
shall notify the Attorney General or his or her 
designee of the Commission’s intent to issue a 
subpoena under this section, the identity of the 
witness, and the nature of the testimony sought 
before issuing such a subpoena. The form and 
content of such notice shall be set forth in the 
guidelines to be issued under subparagraph (D). 
(B) CONDITIONS
FOR
OBJECTION
TO 
ISSUANCE.—The Commission may not issue a 
subpoena under authority of this Act if the At-
torney General objects to the issuance of the 
subpoena on the basis that the taking of the 
testimony is likely to interfere with any— 
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(i) Federal or State criminal inves-
tigation or prosecution; or 
(ii) pending investigation under sec-
tions 3729 through 3732 of title 31, 
United States Code (commonly known as 
the ‘‘Civil False Claims Act’’) or other 
Federal statute providing for civil rem-
edies, or any civil litigation to which the 
United States or any of its agencies is or 
is likely to be a party. 
(C) NOTIFICATION
OF
OBJECTION.—The 
Attorney General or relevant United States At-
torney shall notify the Commission of an objec-
tion raised under this paragraph without unnec-
essary delay and as set forth in the guidelines 
to be issued under subparagraph (D). 
(D) GUIDELINES.—As soon as practicable, 
but no later than 30 days after the date of the 
enactment of this Act, the Attorney General, 
after consultation with the Commission, shall 
issue guidelines to carry out this subsection. 
(3) SIGNATURE
AND
SERVICE.—A subpoena 
issued under this section may be— 
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(A) issued under the signature of either 
Co-Chair or any member designated by a ma-
jority of the Commission; and 
(B) served by any person designated by the 
Co-Chairs or a member designated by a major-
ity of the Commission. 
(c) ENFORCEMENT.— 
(1) REQUIRED PROCEDURES.—In the case of 
contumacy of any person issued a subpoena under 
this section or refusal by such person to comply with 
the subpoena, the Commission shall request the At-
torney General to seek enforcement of the subpoena. 
Upon such request the Attorney General shall seek 
enforcement of the subpoena in a court described in 
paragraph (2). The court in which the Attorney 
General seeks enforcement of the subpoena shall 
issue an order requiring the subpoenaed person to 
appear at any designated place to testify or to 
produce documentary or other evidence, and may 
punish any failure to obey the order as a contempt 
of that court. 
(2) JURISDICTION
FOR
ENFORCEMENT.—Any 
United States district court for a judicial district in 
which a person issued a subpoena under this section 
resides, is served, or may be found, or where the 
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subpoena is returnable, shall have jurisdiction to en-
force the subpoena as provided in paragraph (1). 
Passed the House of Representatives June 23, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 442 
111TH CONGRESS 
2D SESSION 
H. R. 5481 
AN ACT 
To give subpoena power to the National Commis-
sion on the BP Deepwater Horizon Oil Spill and 
Offshore Drilling. 
JUNE 25, 2010 
Read the second time and placed on the calendar 
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