Sec. 6. Powers of Commission
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/bill/117/hr/3233/eh/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commission or, as delegated by the Chairperson and the Vice-Chairperson, 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, and administer such oaths as the Commission or such designated subcommittee or designated member may determine advisable; 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, or documents, or any other paper or electronic material, as the Commission or such designated subcommittee or designated member may determine advisable.
The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate under this Act. Such subpoenas shall be issued by agreement between the Chairperson and Vice Chairperson of the Commission, or by the vote of a majority of the members of the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States.
If a person does not obey a subpoena issued under subparagraph (A), the Commission is authorized to apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as a civil contempt.
The United States district court in which an action is brought under subparagraph
(B)shall have original jurisdiction over any civil action brought by the Commission to enforce, secure a declaratory judgment concerning the validity of, or prevent a threatened refusal or failure to comply with, any subpoena issued by the Commission. The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. All process of any court to which application is made under subparagraph
(A)may be served in the judicial district in which the person required to be served resides or may be found. 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 Federal department or agency information, including any underlying information that may be in the possession of the intelligence community, that is necessary to enable it to carry out its purposes and functions under this Act. Upon request of the Chairperson, the chairperson of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, the head of such department or agency shall furnish such 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 and office space necessary for the Commission to carry out its purposes and functions under this Act. In addition to the assistance prescribed in paragraph (1), Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support services as determined advisable and authorized by law. The Commission may accept, use, and dispose of 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 mail in the same manner and under the same conditions as Federal departments and agencies.