Sec. 5. Powers of Commission
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/bill/117/hr/275/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act— hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable.
A subpoena may be issued under this subsection only— by the agreement of the Chair and the Vice-Chair; or by the affirmative vote of 6 members of the Commission. Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chair or any member designated by a majority of the Commission, and may be served by any person designated by the Chair or by a member designated by a majority of the Commission. In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by the court as a contempt of that court. In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States ( 2 U.S.C. 192 through 194).
The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. The Commission may secure directly from any department or agency of the Government information necessary to enable it to carry out this Act. Upon request of the Chair, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, the head of that department or agency shall furnish that information to the Commission.
Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.
The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.
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Sec. 5
Powers of Commission
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