[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5481 Placed on Calendar Senate (PCS)]

                                                       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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SUBPOENA POWER OF THE NATIONAL COMMISSION 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 
``Commission''), may issue subpoenas to compel the attendance and 
testimony of witnesses and the production of books, records, 
correspondence, memoranda, and other documents.
    (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 Attorney General objects to the 
                issuance of the subpoena on the basis that the taking 
                of the testimony is likely to interfere with any--
                            (i) Federal or State criminal investigation 
                        or prosecution; or
                            (ii) pending investigation under sections 
                        3729 through 3732 of title 31, United States 
                        Code (commonly known as the ``Civil False 
                        Claims Act'') or other Federal statute 
                        providing for civil remedies, 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 Attorney shall notify 
                the Commission of an objection raised under this 
                paragraph without unnecessary 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--
                    (A) issued under the signature of either Co-Chair 
                or any member designated by a majority of the 
                Commission; and
                    (B) served by any person designated by the Co-
                Chairs or a member designated by a majority 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 Attorney 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 subpoena is returnable, shall have 
        jurisdiction to enforce the subpoena as provided in paragraph 
        (1).

            Passed the House of Representatives June 23, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 442

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.

_______________________________________________________________________

                             June 25, 2010

            Read the second time and placed on the calendar