Page:United States Statutes at Large Volume 93.djvu/58

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PUBLIC LAW 96-000—MMMM. DD, 1979

93 STAT. 26

PUBLIC LAW 96-12—MAY 23, 1979 Public Law 96-12 96th Congress Joint Resolution

May 23, 1979 [S.J. Res. 80]

Three Mile Island nuclear powerplant accident. Presidential Commission for investigation. 42 USC 5848 note. Definitions. 42 USC 5848 note. Subpena powers. 42 USC 5848 note.

Inspection.

Contumacy provision.

Serving of process and papers.

To confer certain powers on the Presidential Commission appointed to investigate the Three Mile Island nuclear powerplant accident. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That for purposes of this joint resolution— (1) The term "Commission" means the Commission appointed by the President pursuant to Executive Order Numbered 12130, dated April 11, 1979. (2) The term "person" includes a department, agency, or other unit of the Federal Government or of a State or local government. SEC. 2. (a) The Commission, or any member of the Commission when so authorized by the Commission, shall have power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence from the Nuclear Regulatory Commission or any person that relates to any matter under investigation by the Commission. The Commission, or any member of the Commission or any agent or agency designated by the Commission for such purpose, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing. (b) The Commission, or any member of the Commission when so authorized by the Commission, may issue an order for the inspection of the nuclear powerplant at Three Mile Island, or any portion thereof, by members of the Commission or any agent or agency designated by the Commission. (c) In case of contumacy or refusal to obey a subpena or inspection order issued to the Nuclear Regulatory Commission or any person under subsection (a) or (b), any court of the United States within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Attorney General, shall have jurisdiction to issue to the Nuclear Regulatory Commission or such person an order requiring a witness to appear before the Commission, its members, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question, or to permit inspection of the nuclear powerplant at Three Mile Island or a portion thereof; and any failure to obey such order of the court may be punished by the court as a contempt thereof. (d) Process and papers of the Commission, and its members, agent, or agency, may be served either in person or by registered or certified mail or by telegraph or by leaving a copy thereof at the residence or principal office or place of business of the person required to be served. The verified return by the individual so serving the same, setting forth the manner of such service, shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered or certified and mailed or telegraphed shall be proof of