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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3344 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be referred to as the ``BP Deepwater 
Horizon Disaster Inquiry Commission Act of 2010''.
    (b) Table of Contents.--The table of contents of 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.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) The term ``Commission'' means the BP Deepwater Horizon 
        Disaster Inquiry Commission.
            (2) The term ``Mobile Drilling Unit Deepwater Horizon'' 
        means the drilling platform owned by Transocean, Ltd, and 
        leased to BP Exploration and Production, Inc.
            (3) The term ``oil disaster'' means the explosion, fire, 
        and loss of life on and sinking of the Mobile Drilling Unit 
        Deepwater Horizon and the resulting pollution, including the 
        uncontrolled release of crude oil into the Gulf of Mexico.

SEC. 3. ESTABLISHMENT AND DUTIES OF BP DEEPWATER HORIZON DISASTER 
              INQUIRY COMMISSION.

    (a) Establishment.--There is hereby established an independent, 
nonpartisan commission within the executive branch, to be known as the 
BP Deepwater Horizon Disaster Inquiry Commission.
    (b) Duties.--
            (1) Investigation of causes.--The Commission shall conduct 
        an investigation of the causes of the oil disaster, including 
        an investigation of the following:
                    (A) The performance of BP Exploration and 
                Production, Inc., Transocean, Ltd., and other entities 
                affiliated with the Mobile Drilling Unit Deepwater 
                Horizon.
                    (B) The compliance of such entities with Federal, 
                State, and local laws and regulations, and their 
                conformance with their own practices and industry 
                practices.
                    (C) The performance of Federal, State, and local 
                agencies responsible for oversight, inspection, and 
                enforcement.
                    (D) The compliance of such agencies with Federal, 
                State, and local laws and regulations governing their 
                actions.
            (2) Evaluation of impact.--The Commission shall evaluate 
        the current and future impact of the oil disaster on the 
        environment, economy, and public health.
            (3) Evaluation of response.--The Commission shall evaluate 
        the adequacy of the response to the oil disaster, including an 
        evaluation of the following:
                    (A) The response by BP Exploration and Production, 
                Inc., Transocean, Ltd., and other entities affiliated 
                with the Mobile Drilling Unit Deepwater Horizon.
                    (B) The compliance of such entities with Federal, 
                State, and local laws and regulations, and their 
                conformance with their own practices and industry 
                practices for responding to such a disaster.
                    (C) The response by Federal, State, and local 
                agencies.
                    (D) The compliance of such agencies with Federal, 
                State, and local laws and regulations governing their 
                response.
                    (E) The accuracy and availability to the public of 
                information about the oil disaster from--
                            (i) BP Exploration and Production, Inc., 
                        Transocean, Ltd., and other entities affiliated 
                        with the Mobile Drilling Unit Deepwater 
                        Horizon; and
                            (ii) Federal, State, and local agencies.
                    (F) How the response to the oil disaster is 
                affected by conditions in the marine and atmospheric 
                environment (including sea state, tides, currents, wind 
                speed and direction, and absence of sea ice).
                    (G) How the response to the oil disaster affects 
                the marine and atmospheric environment (including with 
                respect to marine life and fisheries), and the accuracy 
                and availability to the public of information about the 
                effects of the response.
            (4) Development of recommendations.--The Commission shall 
        develop recommendations--
                    (A) to improve the response to the oil disaster, 
                including through modification of proposed plans to 
                mitigate and monitor the impact of the oil disaster; 
                and
                    (B) to minimize the risk and mitigate the impact of 
                future such disasters, including through--
                            (i) changes to Federal law and regulations, 
                        including laws and regulations for public 
                        health and safety, conservation, and resource 
                        management and other laws and regulations for 
                        preventing and mitigating the impact of such 
                        disasters; and
                            (ii) improvements in industry practices.
            (5) Evaluation of implications for offshore oil and gas 
        activities.--The Commission shall evaluate the implications of 
        the oil disaster, and any risk of other such disasters, for 
        current and future offshore oil and gas activities by the 
        United States.
    (c) Review of Information by Commission.--In carrying out the 
duties assigned by subsection (b), the Commission shall comply with the 
following requirements:
            (1) Review of information.--The Commission shall review and 
        (as applicable) qualitatively and quantitatively analyze the 
        following information, subject to its availability:
                    (A) The report submitted pursuant to the Joint 
                Investigation convened in paragraph (3) of the Joint 
                Department of the Interior and Department of Homeland 
                Security Convening Order dated April 27, 2010.
                    (B) Other Federal, State and local governmental 
                evaluations of the oil disaster.
                    (C) Data and evidence from oversight, inspection, 
                and enforcement activities, including monitoring 
                activities.
                    (D) All other information determined by the 
                Commission to be of value in carrying out its duties.
            (2) Evaluation of availability and accuracy of 
        information.--The Commission shall evaluate the availability 
        and accuracy of baseline data against which the impact of the 
        oil disaster may be measured.

SEC. 4. COMPOSITION OF COMMISSION.

    (a) Composition of Commission.--Not later than 30 days after the 
date of the enactment of this Act, the President shall appoint 15 
members to the Commission, including each of the following individuals:
            (1) One individual from each list submitted pursuant to 
        subsection (c).
            (2) The Governor of a Gulf State, or the Governor's 
        designee.
            (3) The Governor of a Coastal State other than a Gulf 
        State, or the Governor's designee.
            (4) One individual from a Gulf State who has been affected 
        by the oil disaster.
    (b) Additional Requirements for Composition.--The membership of the 
Commission shall include individuals with natural resources and 
environmental expertise, legal and investigative expertise, and 
expertise in oil and gas activities, spill response, and any other area 
determined by the President to be of value to the Commission in 
carrying out its duties. To the extent practicable, the President shall 
seek diversity in the membership of the Commission.
    (c) Recommendations for Appointment.--The following individuals 
shall submit to the President a list of candidates for membership in 
the Commission:
            (1) The majority leader of the Senate.
            (2) The minority leader of the Senate.
            (3) The Speaker of the House of Representatives.
            (4) The minority leader of the House of Representatives.
    (d) Prohibition on Appointment of Certain Individuals.--
            (1) In general.--Not more than two members of the 
        Commission may be either of the following:
                    (A) An officer or employee of the Federal 
                Government.
                    (B) An individual who has ever had, or has pending, 
                a contractual relationship with the Minerals Management 
                Service.
            (2) Conflicts of interest.--No member of the Commission 
        shall have ever had a relationship with the Department of the 
        Interior or the Department of Homeland Security that the 
        President determines to constitute a conflict of interest.
    (e) Chairman and Vice Chairman.--The President shall designate the 
Chair and Vice Chair of the Commission from among its members.
    (f) Vacancies.--Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner in which the original 
appointment was made.

SEC. 5. MEETINGS AND HEARINGS.

    (a) Meeting Dates.--
            (1) Initial meeting.--The Commission shall hold its initial 
        meeting not later than 60 days after the date of the enactment 
        of this Act.
            (2) Subsequent meetings.--The Commission shall hold 
        subsequent meetings upon the call of the Chair or a majority of 
        its members.
    (b) Public Meetings and Hearings.--
            (1) Requirement.--The Commission shall hold at least--
                    (A) two public meetings or hearings in an area of 
                the Gulf Coast affected by the oil disaster; and
                    (B) one public meeting or hearing in an area under 
                consideration for future offshore oil and gas 
                activities.
            (2) Confidentiality.--Public meetings and hearings of the 
        Commission shall be conducted in a manner consistent with the 
        requirements of all statutes, regulations, and Executive orders 
        with respect to confidentiality of information.
    (c) Quorum.--Eight members of the Commission shall constitute a 
quorum.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--For the purpose of carrying out this 
Act, the Commission or (if authorized by the Commission) any 
subcommittee or member of the Commission may--
            (1) hold hearings, take testimony, receive evidence, and 
        administer oaths; and
            (2) subject to subsection (b), require the attendance and 
        testimony of witnesses and the production of books, records, 
        correspondence, memoranda, papers, and other documents.
    (b) Subpoenas.--
            (1) Issuance.--
                    (A) In general.--A subpoena may be issued under 
                this subsection only--
                            (i) by agreement of the Chairman and the 
                        Vice Chairman; or
                            (ii) by the affirmative vote of eight 
                        members of the Commission.
                    (B) Signature.--Subject to subparagraph (A), 
                subpoenas issued under this subsection may be issued 
                under the signature of the Chairman or any member 
                designated by a majority of the Commission, and may be 
                served by any person designated by the Chairman or a 
                member designated by a majority of the Commission.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under paragraph (1), 
                the United States district court for the judicial 
                district in which the subpoenaed person resides, is 
                served, or may be found, or where the subpoena is 
                returnable, may issue an order requiring such person to 
                appear at any designated place to testify or to produce 
                documentary or other evidence. Any failure to obey the 
                order of the court may be punished by the court as a 
                contempt of that court.
                    (B) Additional enforcement.--In the case of a 
                failure of a witness to comply with a subpoena or to 
                testify when summoned under authority of this section, 
                the Commission may, by majority vote, certify a 
                statement of fact constituting such failure to the 
                appropriate United States attorney, who may bring the 
                matter before a grand jury for its action, under the 
                same statutory authority and procedures as if the 
                United States attorney had received a certification 
                under sections 102 through 104 of the Revised Statutes 
                of the United States (2 U.S.C. 192 et seq.).
    (c) Contracting.--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.
    (d) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from 
        any executive department, bureau, agency, board, commission, 
        office, independent establishment, or instrumentality of the 
        Government, information, suggestions, estimates, and statistics 
        for the purposes of this Act. Each department, bureau, agency, 
        board, commission, office, independent establishment, or 
        instrumentality shall, to the extent authorized by law, furnish 
        such information, suggestions, estimates, and statistics 
        directly to the Commission, upon request made by the Chairman, 
        the chairman of any subcommittee created by a majority of the 
        Commission, or any member designated by a majority of the 
        Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    (e) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        necessary to the performance of the Commission's tasks.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States shall provide to the Commission 
        such funds, facilities, staff, and other support services as 
        necessary and authorized by law.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.

SEC. 7. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The Chairman, in 
        consultation with the Vice Chairman, and in accordance with 
        rules agreed upon by the Commission, may appoint and fix the 
        compensation of an executive director and such other personnel 
        as may be necessary to enable the Commission to carry out its 
        duties, without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        rate of pay fixed under this paragraph may exceed the 
        equivalent of that payable for a position at level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code. Employees of the Department of the Interior and the 
        Department of Homeland Security shall not be appointed to the 
        staff of the Commission.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission shall be considered 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) does 
                not apply to members of the Commission.
    (b) Detailees.--Any Federal employee, including an employee of the 
Coast Guard, the Department of the Interior, the National Oceanic and 
Atmospheric Administration, and the Environmental Protection Agency, 
but not an employee of the Minerals Management Service, may be detailed 
to the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (c) Consultant Services.--The Commission may procure the services 
of an expert or consultant in accordance with section 3109 of title 5, 
United States Code, at a rate that shall not exceed the equivalent of 
that payable for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code.

SEC. 8. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be 
compensated, for each day during which the member is engaged in the 
actual performance of the duties of the Commission, at a rate that 
shall not exceed the equivalent of that payable for a position at level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements. No person 
shall be provided access to classified information under this Act 
without the appropriate security clearances.

SEC. 10. REPORTING AND TERMINATION OF COMMISSION.

    (a) Reports.--The Commission shall submit to the President and 
Congress, and make concurrently available to the public--
            (1) such interim reports as the Commission determines will 
        be of immediate value in mitigation of the oil disaster and 
        prevention of other such disasters; and
            (2) not later than 9 months after the date of the enactment 
        of this Act, a final report containing the results of each 
        investigation and evaluation performed pursuant to section 3, 
        and the recommendations developed pursuant to subsection (b)(4) 
        of such section.
    (b) Termination.--
            (1) In general.--Except as provided under paragraph (2), 
        the Commission shall terminate 60 days after the date on which 
        the final report is submitted under subsection (a)(2).
            (2) Extension.--The President may extend the termination 
        date of the Commission as the President determines necessary to 
        coordinate with any related law enforcement investigations.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act. Amounts so appropriated shall remain available 
until the termination of the Commission.
                                 <all>
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