H.R. 5481House111th Congress (2009-2011)Passed House

To give subpoena power to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.

Sponsored by Lois CappsRep. Lois Capps (D-CA)
Introduced June 8, 2010

Legislative Activity

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16 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 442.

June 25, 2010

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HouseIntro Referral

Introduced in House

June 8, 2010

HouseIntro Referral

Referred to House Natural Resources

June 8, 2010

HouseIntro Referral

Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

June 8, 2010

HouseIntro Referral

Referred to House Transportation and Infrastructure

June 8, 2010

HouseIntro Referral

Referred to House Judiciary

June 8, 2010

HouseCommittee

Referred to the Subcommittee on Coast Guard and Maritime Transportation.

June 9, 2010

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

June 9, 2010

HouseFloor

Mr. Rahall moved to suspend the rules and pass the bill, as amended.

June 23, 2010 • 2:44 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H4721-4727)

June 23, 2010 • 2:44 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5481.

June 23, 2010 • 2:44 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

June 23, 2010 • 3:23 PM

HouseFloor

Considered as unfinished business. (consideration: CR H4727-4728)

June 23, 2010 • 4:19 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 420 - 1, 2 Present (Roll no. 382).(text: CR H4721)

June 23, 2010 • 4:48 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 420 - 1, 2 Present (Roll no. 382). (text: CR H4721)

June 23, 2010 • 4:48 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 23, 2010 • 4:48 PM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

June 24, 2010

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 442.

June 25, 2010

Floor Debate

24 members

What members said about H.R. 5481 on the floor

8 Republicans16 Democrats
Laura Richardson
Rep. Laura RichardsonD-CA-37 · Jul 21, 2010

Mr. Speaker, I ask unanimous consent that all Members be given 5 legislative days to enter their remarks into the Record on this topic of the gulf oil spill. I appreciate the opportunity to anchor…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jun 30, 2010

If I may, before my colleague speaks--I will yield to him right away. Before my neighbor from Massachusetts leaves the floor, let me commend him for his comments here without getting into details of…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Jun 30, 2010

Mr. President, I would like to talk about the underlying bill that we are actually on today, which is the extenders package. The Democrats negotiated in very good faith with the Republican Party to…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Jun 30, 2010

Madam President, I object. Madam President, might I inquire of the Senator, we have been trying to move a 30-day extension of existing authorities for the FAA, which is essential and very necessary.…

Tom Harkin
Sen. Tom HarkinD-IA · Jun 30, 2010

Mr. President, I am sorry I was not here on the floor-- but I was watching in my office--when my colleague from Ohio, Senator Brown, made his recent statement on the Senate floor. I think Senator…

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George S. LeMieux
Sen. George S. LeMieux R-FL · Jun 30, 2010

Mr. President, I have come to the floor today to talk about the tragedy affecting my State as well as other States that border the gulf. We are into this crisis now 72 days. On the worst days, there…

Sherrod Brown
Sen. Sherrod BrownD-OH · Jun 30, 2010

Mr. President, it is unfortunate to watch what just happened again in this institution. The chair of the Small Business Committee, who is serving her State, is an incredible advocate for her State,…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Jun 23, 2010

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, at this very moment, oil continues to flow into the Gulf of Mexico, and the urgency to address this crisis should not be…

John Ensign
Sen. John EnsignR-NV · Jun 30, 2010

Mr. President, I wish to talk about the extension of unemployment benefits in the larger context of our national debt. Allow me the opportunity to throw out a few numbers which I then will explain in…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Jun 30, 2010

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, tomorrow evening, I think at about 5:30, we are going to have a vote that is going to…

John Barrasso
Sen. John BarrassoR-WY · Jun 30, 2010

Mr. President, I come to the floor today, as I have each week since the health care bill became signed into law, to visit with Members of this Chamber about experiences I have had, having practiced…

Jim DeMint
Sen. Jim DeMintR-SC · Jun 30, 2010

Mr. President, what is the pending business? Mr. President, I rise today to congratulate the University of South Carolina men's baseball team for making history by winning the NCAA College World…

Robert Menendez
Sen. Robert MenendezD-NJ · Jun 30, 2010

Madam President, I want to rise in support of what my distinguished colleague from New Hampshire is trying to accomplish here, which is simply to give the oilspill commission the subpoena power it…

Show 11 more
Lois Capps
Rep. Lois CappsD-CA-23 · Jun 23, 2010

Madam Speaker, I rise in strong support of this legislation to give the National Commission on the BP Oil Spill the power to issue subpoenas. I want to thank three chairmen--Chairman Rahall, Chairman…

Jim Webb
Sen. Jim WebbD-VA · Jun 30, 2010

Mr. President, today marks the 1-year anniversary of the implementation of the post-9/11 GI bill, landmark legislation I was privileged to introduce on my first day in office. The idea was to provide…

Roland  Burris
Sen. Roland Burris D-IL · Jun 30, 2010

I thank the distinguished Senator from Connecticut, who has certainly been an inspiration to me in this body, and an inspiration to all of us. I will be leaving with him, although I certainly did not…

John Fleming
Rep. John FlemingR-LA-4 · Jun 23, 2010

I thank the gentleman from Washington for the time. Madam Speaker, I stand in favor of H.R. 5481, which gives subpoena power to the National Commission on the BP Deepwater Horizon Oil Spill and…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · Jun 23, 2010

I thank the chairman very much. I thank him for his excellent work and for his timely hearings on this catastrophic event. I thank the gentlewoman from California (Mrs. Capps) for her excellent work…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Jun 23, 2010

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 5481) to give subpoena power to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, as amended.…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · Jun 23, 2010

Madam Speaker, I rise today in strong support of H.R. 5481, as amended, to give subpoena power to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. On April 20,…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Sep 29, 2010

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 442, H.R. 5481, a bill to give subpoena power to the National Commission on the BP…

Peter J. Visclosky
Rep. Peter J. ViscloskyD-IN-1 · Jun 29, 2010

Madam Speaker, on the evening of Wednesday, June 23, 2010, and on Thursday, June 24, 2010, I was absent from the House and missed rollcall votes 382 through 394. Had I been present for rollcall 382,…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Jun 23, 2010

I thank the gentleman for yielding. Madam Speaker, I rise in support of the legislation to give subpoena powers to the commission. I would hope the commission would be an objective commission that…

Bill Cassidy
Rep. Bill CassidyR-LA-6 · Jun 23, 2010

Madam Speaker, it's been 64 days since the Deepwater Horizon exploded, sank, killed 11 rig workers, and began spilling oil into the Gulf of Mexico. So I think we all agree that, first and foremost,…

Bill Text

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Latest
Placed on Calendar SenateIssued June 25, 2010

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.

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.

Lorraine C. Miller,

Clerk.

June 25, 2010

Read the second time and placed on the calendar