II 111th CONGRESS 2d Session S. 3462 IN THE SENATE OF THE UNITED STATES June 8, 2010 Mrs. Shaheen (for herself, Mrs. Murray, Mr. Menendez, Mrs. Gillibrand, Mr. Kerry, Ms. Klobuchar, Ms. Landrieu, Mr. Begich, Mr. Casey, Mr. Dorgan, Mr. Bennet, Mr. Schumer, Mr. Franken, Mrs. Feinstein, Mr. Kaufman, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide subpoena power to the National Commission on the British Petroleum Oil Spill in the Gulf of Mexico, and for other purposes.

1.

Powers of National Commission on the British Petroleum Oil Spill in the Gulf of Mexico

(a)

Hearings

The National Commission on the British Petroleum Oil Spill in the Gulf of Mexico (referred to in this section as the Commission) or, at the direction of the Commission, any subcommittee or member of the Commission, may, for the purpose of carrying out the duties of the Commission, as the Commission or the subcommittee or member considers advisable in consultation with the Attorney General— (1)hold such hearings, meet and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and (2)require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials. (b)

Issuance and enforcement of subpoenas

(1)

Issuance

A subpoena issued under subsection (a) shall— (A)bear the signature of a Chairperson of the Commission; and (B)be served by any person or class of persons designated by a Chairperson for that purpose. (2)

Enforcement

In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), the United States district court for the district in which the subpoenaed person resides, is served, or may be found may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence. (3)

Noncompliance

Any failure to obey the order of the court may be punished by the court as a contempt of court. (c)

Witness allowances and fees

(1)

In general

Section 1821 of title 28, United States Code, shall apply to a witness requested or subpoenaed to appear at a hearing of the Commission. (2)

Expenses

The per diem and mileage allowances for a witness shall be paid from funds available to pay the expenses of the Commission.