Table of Contents, Appendix II, Appendix IV
Joint Resolution
Authorizing the Commission established
to report upon the assassination of President John F. Kennedy to compel the
attendance and testimony of witnesses and the production of evidence.
Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That
for the purposes of this joint resolution, the term "Commission" means the
Commission appointed by the President by Executive Order 11130, dated November
29, 1963.
The Commission, or any member of the Commission when so authorized
by the Commission, shall have power to issue subpoenas requiring the attendance
and testimony of witness and the production of any evidence 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 witness, 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.
In case of contumacy or refusal to obey a subpoena issued to any
person under subsection (b), any court of the United States within the
jurisdiction of which the inquiry is carried on or within the jurisdiction of
which said person guilty of contumacy or refusal to obey is found or resides or
transacts business, upon application by the Commission shall have jurisdiction
to issue to such person an order requiring such person to appear before the
Commission, its member, agent, or agency, there to produce evidence if so
ordered, or their to give testimony touching the matter under investigation or
in question; and any failure to obey such order of the court may be punished by
said court as a contempt thereof.
Process and papers of the Commission, its
members, agent, or agency, may be served either upon the witness in person or by
registered mail or by telegraph or by leaving a copy thereof at the residence of
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 and mailed or telegraphed as a
foresaid shall be proof of service of the same. Witnesses summoned before the
Commission, its member, agent, or agency, shall be paid the same fees and
mileage that are paid witnesses in the courts of the United States, and
witnesses whose depositions are taken and the persons taking the same shall
severally be entitled to the same fees as are paid for like services in the
courts of the United States.
No person shall be excused from attending and
testifying or producing books, records, correspondence, documents, or other
evidence in obedience to a subpoena, on the ground that the testimony or
evidence required of him may tend to incriminate him or subject him to a penalty
or forfeiture; but no individual shall be prosecuted or subjected to any penalty
or forfeiture (except demotion or removal from office) for or on account of any
transaction, matter, or thing concerning which he is compelled, after having
claimed his privilege against self-incrimination, to testify or produce
evidence, except that such individual so testifying shall not be exempt from
prosecution and punishment or perjury committed in so testifying.
All
process of any court to which application may be made under this Act may be
served in the judicial district wherein the person required to be served resides
or may be found.
Approved December 13, 1963.
Legislative History:
Congressional Record, Vol. 109 (1963)
Dec. 9: Passed Senate.
Dec. 10: Considered and passed House.