II 

111TH CONGRESS 

2D SESSION S. 3344 

To establish an independent, nonpartisan commission to investigate the causes 

and impact of, and evaluate and improve the response to, the explosion, 

fire, and loss of life on and sinking of the Mobile Drilling Unit Deepwater 

Horizon and the resulting uncontrolled release of crude oil into the 

Gulf of Mexico, and to ensure that a similar disaster is not repeated. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2010 

Mr. WHITEHOUSE (for himself, Mr. MENENDEZ, and Mrs. BOXER) introduced 

the following bill; which was read twice and referred to the Committee 

on Energy and Natural Resources 

A BILL 

To establish an independent, nonpartisan commission to investigate the causes and impact of, and evaluate and 

improve the response to, the explosion, fire, and loss 

of life on and sinking of the Mobile Drilling Unit Deepwater Horizon and the resulting uncontrolled release of 

crude oil into the Gulf of Mexico, and to ensure that 

a similar disaster is not repeated. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be referred to as 

3 the ‘‘BP Deepwater Horizon Disaster Inquiry Commission 

4 Act of 2010’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Establishment and duties of BP Deepwater Horizon Disaster Inquiry 

Commission. 

Sec. 4. Composition of Commission. 

Sec. 5. Meetings and hearings. 

Sec. 6. Powers of Commission. 

Sec. 7. Staff of Commission. 

Sec. 8. Compensation and travel expenses. 

Sec. 9. Security clearances for Commission members and staff. 

Sec. 10. Reporting and termination of Commission. 

Sec. 11. Authorization of appropriations. 

7 SEC. 2. DEFINITIONS. 

8 For purposes of this Act, the following definitions 

9 apply: 

10 (1) The term ‘‘Commission’’ means the BP 

11 Deepwater Horizon Disaster Inquiry Commission. 

12 (2) The term ‘‘Mobile Drilling Unit Deepwater 

13 Horizon’’ means the drilling platform owned by 

14 Transocean, Ltd, and leased to BP Exploration and 

15 Production, Inc. 

16 (3) The term ‘‘oil disaster’’ means the explo17 sion, fire, and loss of life on and sinking of the Mo18 bile Drilling Unit Deepwater Horizon and the result19 ing pollution, including the uncontrolled release of 

20 crude oil into the Gulf of Mexico. 


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1 SEC. 3. ESTABLISHMENT AND DUTIES OF BP DEEPWATER 

2 HORIZON DISASTER INQUIRY COMMISSION. 

3 (a) ESTABLISHMENT.—There is hereby established 

4 an independent, nonpartisan commission within the execu5 tive branch, to be known as the BP Deepwater Horizon 

6 Disaster Inquiry Commission. 

7 (b) DUTIES.— 

8 (1) INVESTIGATION OF CAUSES.—The Commis9 sion shall conduct an investigation of the causes of 

10 the oil disaster, including an investigation of the fol11 lowing: 

12 (A) The performance of BP Exploration 

13 and Production, Inc., Transocean, Ltd., and 

14 other entities affiliated with the Mobile Drilling 

15 Unit Deepwater Horizon. 

16 (B) The compliance of such entities with 

17 Federal, State, and local laws and regulations, 

18 and their conformance with their own practices 

19 and industry practices. 

20 (C) The performance of Federal, State, 

21 and local agencies responsible for oversight, in22 spection, and enforcement. 

23 (D) The compliance of such agencies with 

24 Federal, State, and local laws and regulations 

25 governing their actions. 


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1 (2) EVALUATION OF IMPACT.—The Commission 

2 shall evaluate the current and future impact of the 

3 oil disaster on the environment, economy, and public 

4 health. 

5 (3) EVALUATION OF RESPONSE.—The Commis6 sion shall evaluate the adequacy of the response to 

7 the oil disaster, including an evaluation of the fol8 lowing: 

9 (A) The response by BP Exploration and 

10 Production, Inc., Transocean, Ltd., and other 

11 entities affiliated with the Mobile Drilling Unit 

12 Deepwater Horizon. 

13 (B) The compliance of such entities with 

14 Federal, State, and local laws and regulations, 

15 and their conformance with their own practices 

16 and industry practices for responding to such a 

17 disaster. 

18 (C) The response by Federal, State, and 

19 local agencies. 

20 (D) The compliance of such agencies with 

21 Federal, State, and local laws and regulations 

22 governing their response. 

23 (E) The accuracy and availability to the 

24 public of information about the oil disaster 

25 from— 


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1 (i) BP Exploration and Production, 

2 Inc., Transocean, Ltd., and other entities 

3 affiliated with the Mobile Drilling Unit 

4 Deepwater Horizon; and 

5 (ii) Federal, State, and local agencies. 

6 (F) How the response to the oil disaster is 

7 affected by conditions in the marine and atmos8 pheric environment (including sea state, tides, 

9 currents, wind speed and direction, and absence 

10 of sea ice). 

11 (G) How the response to the oil disaster 

12 affects the marine and atmospheric environ13 ment (including with respect to marine life and 

14 fisheries), and the accuracy and availability to 

15 the public of information about the effects of 

16 the response. 

17 (4) DEVELOPMENT OF RECOMMENDATIONS.— 

18 The Commission shall develop recommendations— 

19 (A) to improve the response to the oil dis20 aster, including through modification of pro21 posed plans to mitigate and monitor the impact 

22 of the oil disaster; and 

23 (B) to minimize the risk and mitigate the 

24 impact of future such disasters, including 

25 through— 


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1 (i) changes to Federal law and regula2 tions, including laws and regulations for 

3 public health and safety, conservation, and 

4 resource management and other laws and 

5 regulations for preventing and mitigating 

6 the impact of such disasters; and 

7 (ii) improvements in industry prac8 tices. 

9 (5) EVALUATION OF IMPLICATIONS FOR OFF10 SHORE OIL AND GAS ACTIVITIES.—The Commission 

11 shall evaluate the implications of the oil disaster, 

12 and any risk of other such disasters, for current and 

13 future offshore oil and gas activities by the United 

14 States. 

15 (c) REVIEW OF INFORMATION BY COMMISSION.—In 

16 carrying out the duties assigned by subsection (b), the 

17 Commission shall comply with the following requirements: 

18 (1) REVIEW OF INFORMATION.—The Commis19 sion shall review and (as applicable) qualitatively 

20 and quantitatively analyze the following information, 

21 subject to its availability: 

22 (A) The report submitted pursuant to the 

23 Joint Investigation convened in paragraph (3) 

24 of the Joint Department of the Interior and 


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1 Department of Homeland Security Convening 

2 Order dated April 27, 2010. 

3 (B) Other Federal, State and local govern4 mental evaluations of the oil disaster. 

5 (C) Data and evidence from oversight, in6 spection, and enforcement activities, including 

7 monitoring activities. 

8 (D) All other information determined by 

9 the Commission to be of value in carrying out 

10 its duties. 

11 (2) EVALUATION OF AVAILABILITY AND ACCU12 RACY OF INFORMATION.—The Commission shall 

13 evaluate the availability and accuracy of baseline 

14 data against which the impact of the oil disaster 

15 may be measured. 

16 SEC. 4. COMPOSITION OF COMMISSION. 

17 (a) COMPOSITION OF COMMISSION.—Not later than 

18 30 days after the date of the enactment of this Act, the 

19 President shall appoint 15 members to the Commission, 

20 including each of the following individuals: 

21 (1) One individual from each list submitted 

22 pursuant to subsection (c). 

23 (2) The Governor of a Gulf State, or the Gov24 ernor’s designee. 


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1 (3) The Governor of a Coastal State other than 

2 a Gulf State, or the Governor’s designee. 

3 (4) One individual from a Gulf State who has 

4 been affected by the oil disaster. 

5 (b) ADDITIONAL REQUIREMENTS FOR COMPOSI6 TION.—The membership of the Commission shall include 

7 individuals with natural resources and environmental ex8 pertise, legal and investigative expertise, and expertise in 

9 oil and gas activities, spill response, and any other area 

10 determined by the President to be of value to the Commis11 sion in carrying out its duties. To the extent practicable, 

12 the President shall seek diversity in the membership of 

13 the Commission. 

14 (c) RECOMMENDATIONS FOR APPOINTMENT.—The 

15 following individuals shall submit to the President a list 

16 of candidates for membership in the Commission: 

17 (1) The majority leader of the Senate. 

18 (2) The minority leader of the Senate. 

19 (3) The Speaker of the House of Representa20 tives. 

21 (4) The minority leader of the House of Rep22 resentatives. 

23 (d) PROHIBITION ON APPOINTMENT OF CERTAIN IN24 DIVIDUALS.— 


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1 (1) IN GENERAL.—Not more than two members 

2 of the Commission may be either of the following: 

3 (A) An officer or employee of the Federal 

4 Government. 

5 (B) An individual who has ever had, or has 

6 pending, a contractual relationship with the 

7 Minerals Management Service. 

8 (2) CONFLICTS OF INTEREST.—No member of 

9 the Commission shall have ever had a relationship 

10 with the Department of the Interior or the Depart11 ment of Homeland Security that the President de12 termines to constitute a conflict of interest. 

13 (e) CHAIRMAN AND VICE CHAIRMAN.—The President 

14 shall designate the Chair and Vice Chair of the Commis15 sion from among its members. 

16 (f) VACANCIES.—Any vacancy in the Commission 

17 shall not affect its powers, but shall be filled in the same 

18 manner in which the original appointment was made. 

19 SEC. 5. MEETINGS AND HEARINGS. 

20 (a) MEETING DATES.— 

21 (1) INITIAL MEETING.—The Commission shall 

22 hold its initial meeting not later than 60 days after 

23 the date of the enactment of this Act. 


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1 (2) SUBSEQUENT MEETINGS.—The Commission 

2 shall hold subsequent meetings upon the call of the 

3 Chair or a majority of its members. 

4 (b) PUBLIC MEETINGS AND HEARINGS.— 

5 (1) REQUIREMENT.—The Commission shall 

6 hold at least— 

7 (A) two public meetings or hearings in an 

8 area of the Gulf Coast affected by the oil dis9 aster; and 

10 (B) one public meeting or hearing in an 

11 area under consideration for future offshore oil 

12 and gas activities. 

13 (2) CONFIDENTIALITY.—Public meetings and 

14 hearings of the Commission shall be conducted in a 

15 manner consistent with the requirements of all stat16 utes, regulations, and Executive orders with respect 

17 to confidentiality of information. 

18 (c) QUORUM.—Eight members of the Commission 

19 shall constitute a quorum. 

20 SEC. 6. POWERS OF COMMISSION. 

21 (a) HEARINGS AND EVIDENCE.—For the purpose of 

22 carrying out this Act, the Commission or (if authorized 

23 by the Commission) any subcommittee or member of the 

24 Commission may— 


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1 (1) hold hearings, take testimony, receive evi2 dence, and administer oaths; and 

3 (2) subject to subsection (b), require the at4 tendance and testimony of witnesses and the produc5 tion of books, records, correspondence, memoranda, 

6 papers, and other documents. 

7 (b) SUBPOENAS.— 

8 (1) ISSUANCE.— 

9 (A) IN GENERAL.—A subpoena may be 

10 issued under this subsection only— 

11 (i) by agreement of the Chairman and 

12 the Vice Chairman; or 

13 (ii) by the affirmative vote of eight 

14 members of the Commission. 

15 (B) SIGNATURE.—Subject to subparagraph 

16 (A), subpoenas issued under this subsection 

17 may be issued under the signature of the Chair18 man or any member designated by a majority 

19 of the Commission, and may be served by any 

20 person designated by the Chairman or a mem21 ber designated by a majority of the Commis22 sion. 

23 (2) ENFORCEMENT.— 

24 (A) IN GENERAL.—In the case of contu25 macy or failure to obey a subpoena issued 


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1 under paragraph (1), the United States district 

2 court for the judicial district in which the sub3 poenaed person resides, is served, or may be 

4 found, or where the subpoena is returnable, 

5 may issue an order requiring such person to ap6 pear at any designated place to testify or to 

7 produce documentary or other evidence. Any 

8 failure to obey the order of the court may be 

9 punished by the court as a contempt of that 

10 court. 

11 (B) ADDITIONAL ENFORCEMENT.—In the 

12 case of a failure of a witness to comply with a 

13 subpoena or to testify when summoned under 

14 authority of this section, the Commission may, 

15 by majority vote, certify a statement of fact 

16 constituting such failure to the appropriate 

17 United States attorney, who may bring the 

18 matter before a grand jury for its action, under 

19 the same statutory authority and procedures as 

20 if the United States attorney had received a 

21 certification under sections 102 through 104 of 

22 the Revised Statutes of the United States (2 

23 U.S.C. 192 et seq.). 

24 (c) CONTRACTING.—The Commission may, to such 

25 extent and in such amounts as are provided in appropriaVerDate Mar 15 2010 01:55 May 12, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3344.IS S3344

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1 tion Acts, enter into contracts to enable the Commission 

2 to discharge its duties under this Act. 

3 (d) INFORMATION FROM FEDERAL AGENCIES.— 

4 (1) IN GENERAL.—The Commission may secure 

5 directly from any executive department, bureau, 

6 agency, board, commission, office, independent es7 tablishment, or instrumentality of the Government, 

8 information, suggestions, estimates, and statistics 

9 for the purposes of this Act. Each department, bu10 reau, agency, board, commission, office, independent 

11 establishment, or instrumentality shall, to the extent 

12 authorized by law, furnish such information, sugges13 tions, estimates, and statistics directly to the Com14 mission, upon request made by the Chairman, the 

15 chairman of any subcommittee created by a majority 

16 of the Commission, or any member designated by a 

17 majority of the Commission. 

18 (2) RECEIPT, HANDLING, STORAGE, AND DIS19 SEMINATION.—Information shall be received, han20 dled, stored, and disseminated by members of the 

21 Commission and its staff consistent with all applica22 ble statutes, regulations, and Executive orders. 

23 (e) ASSISTANCE FROM FEDERAL AGENCIES.— 

24 (1) GENERAL SERVICES ADMINISTRATION.— 

25 The Administrator of General Services shall provide 


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1 to the Commission on a reimbursable basis adminis2 trative support and other services necessary to the 

3 performance of the Commission’s tasks. 

4 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

5 addition to the assistance prescribed in paragraph 

6 (1), departments and agencies of the United States 

7 shall provide to the Commission such funds, facili8 ties, staff, and other support services as necessary 

9 and authorized by law. 

10 (f) POSTAL SERVICES.—The Commission may use 

11 the United States mails in the same manner and under 

12 the same conditions as departments and agencies of the 

13 United States. 

14 SEC. 7. STAFF OF COMMISSION. 

15 (a) IN GENERAL.— 

16 (1) APPOINTMENT AND COMPENSATION.—The 

17 Chairman, in consultation with the Vice Chairman, 

18 and in accordance with rules agreed upon by the 

19 Commission, may appoint and fix the compensation 

20 of an executive director and such other personnel as 

21 may be necessary to enable the Commission to carry 

22 out its duties, without regard to the provisions of 

23 title 5, United States Code, governing appointments 

24 in the competitive service, and without regard to the 

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1 ter 53 of such title relating to classification and 

2 General Schedule pay rates, except that no rate of 

3 pay fixed under this paragraph may exceed the 

4 equivalent of that payable for a position at level V 

5 of the Executive Schedule under section 5316 of title 

6 5, United States Code. Employees of the Depart7 ment of the Interior and the Department of Home8 land Security shall not be appointed to the staff of 

9 the Commission. 

10 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

11 (A) IN GENERAL.—The executive director 

12 and any personnel of the Commission shall be 

13 considered employees under section 2105 of 

14 title 5, United States Code, for purposes of 

15 chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 

16 that title. 

17 (B) MEMBERS OF COMMISSION.—Subpara18 graph (A) does not apply to members of the 

19 Commission. 

20 (b) DETAILEES.—Any Federal employee, including 

21 an employee of the Coast Guard, the Department of the 

22 Interior, the National Oceanic and Atmospheric Adminis23 tration, and the Environmental Protection Agency, but 

24 not an employee of the Minerals Management Service, 

25 may be detailed to the Commission without reimbursement 


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1 from the Commission, and such detailee shall retain the 

2 rights, status, and privileges of his or her regular employ3 ment without interruption. 

4 (c) CONSULTANT SERVICES.—The Commission may 

5 procure the services of an expert or consultant in accord6 ance with section 3109 of title 5, United States Code, at 

7 a rate that shall not exceed the equivalent of that payable 

8 for a position at level IV of the Executive Schedule under 

9 section 5315 of title 5, United States Code. 

10 SEC. 8. COMPENSATION AND TRAVEL EXPENSES. 

11 (a) COMPENSATION.—Each member of the Commis12 sion may be compensated, for each day during which the 

13 member is engaged in the actual performance of the duties 

14 of the Commission, at a rate that shall not exceed the 

15 equivalent of that payable for a position at level IV of the 

16 Executive Schedule under section 5315 of title 5, United 

17 States Code. 

18 (b) TRAVEL EXPENSES.—While away from their 

19 homes or regular places of business in the performance 

20 of services for the Commission, members of the Commis21 sion shall be allowed travel expenses, including per diem 

22 in lieu of subsistence, in the same manner as persons em23 ployed intermittently in the Government service are al24 lowed expenses under section 5703(b) of title 5, United 

25 States Code. 


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1 SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEM2 BERS AND STAFF. 

3 The appropriate Federal agencies or departments 

4 shall cooperate with the Commission in expeditiously pro5 viding to the Commission members and staff appropriate 

6 security clearances to the extent possible pursuant to ex7 isting procedures and requirements. No person shall be 

8 provided access to classified information under this Act 

9 without the appropriate security clearances. 

10 SEC. 10. REPORTING AND TERMINATION OF COMMISSION. 

11 (a) REPORTS.—The Commission shall submit to the 

12 President and Congress, and make concurrently available 

13 to the public— 

14 (1) such interim reports as the Commission de15 termines will be of immediate value in mitigation of 

16 the oil disaster and prevention of other such disas17 ters; and 

18 (2) not later than 9 months after the date of 

19 the enactment of this Act, a final report containing 

20 the results of each investigation and evaluation per21 formed pursuant to section 3, and the recommenda22 tions developed pursuant to subsection (b)(4) of 

23 such section. 

24 (b) TERMINATION.— 

25 (1) IN GENERAL.—Except as provided under 

26 paragraph (2), the Commission shall terminate 60 


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1 days after the date on which the final report is sub2 mitted under subsection (a)(2). 

3 (2) EXTENSION.—The President may extend 

4 the termination date of the Commission as the 

5 President determines necessary to coordinate with 

6 any related law enforcement investigations. 

7 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums 

9 as are necessary to carry out this Act. Amounts so appro10 priated shall remain available until the termination of the 

11 Commission. 

Æ 


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