Pub. L. 90-321, tit. IV, sec. 405

Powers of the Commission

EnactedYear: 1968Length: 555 wordsOfficial source
§ 405. Powers of the Commission (a) The Commission, or any three members thereof as authorized by the (Commission, may conduct hearings anywhere in the United States or otherwise secure data and expressions of opinion pertinent to the study. In connection therewith the Commission is authorized by majority vote (1) to require, by special or general orders, corporations, business firms, and individuals to submit in writing such reports and answers to questions as the Commission may prescribe; such submission shall be made within such reasonable period and under oath or otherwise as the Commission may determine. (2) to administer oaths. (3) to require by subpena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties. (4) in the case of disobedience to a subpena or order issued under paragraph (a) of this section to invoke the aid of any district court of the United States in requiring compliance with such subpena or order. (5) in any proceeding or investigation to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths, and in such instances to compel testimony and the production of evidence in the same manner as authorized under subparagraphs (3) and (4) above. (6) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (b) Any district court of the United States within the jurisdiction of which an inquiry is carried on may, in case of refusal to obey a subpena or order of the Commission issued under paragraph (a) of this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) The Commission may require directly from the head of any Federal executive department or independent agency available information which the Commission deems useful in the discharge of its duties. All departments and independent agencies of the Government shall cooperate with the Commission and furnish all information requested by the Commission to the extent permitted by law. (d) The Commission may enter into contracts with Federal or State agencies, private firms, institutions, and individuals for the conduct of 82 Stat. 166research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. (e) When the Connuission finds that publication of any information obtained by it is in the public interest and would not give an unfair competitive advantage to any person, it may publish the information in the form and manner deemed best adapted for public use, except that data and information which would separately disclose the business transactions of any person, trade secrets, or names of customers shall be held confidential and shall not be disclosed by the Commission or its staff. The Commission shall permit business firms or individuals reasonable access to documents furnished by them for the purpose of obtaining or copying those documents as need may arise. (f) The Commission may delegate any of its functions to individual members of the Commission or to designated individuals on its staff and to make such rules and regulations as are necessary for the conduct. of its business, except as otherwise provided in this title.
Pub. L. 90-321, tit. IV, sec. 405: Powers of the Commission | Justis AI