I 
111TH CONGRESS 
2D SESSION 
H. R. 5241 
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 HOUSE OF REPRESENTATIVES 
MAY 6, 2010 
Mrs. CAPPS (for herself, Mr. MARKEY of Massachusetts, Ms. CASTOR of Flor-
ida, Mr. PRICE of North Carolina, Mr. FARR, Ms. MATSUI, Ms. MCCOL-
LUM, Ms. HIRONO, Mr. SHERMAN, Mr. HASTINGS of Florida, Ms. LEE 
of California, Mr. MOORE of Kansas, Ms. SPEIER, Mr. BRALEY of Iowa, 
and Ms. ZOE LOFGREN of California) introduced the following bill; which 
was referred to the Committee on Natural Resources, and in addition to 
the Committee on Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To establish an independent, nonpartisan commission to in-
vestigate 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 Deep-
water Horizon and the resulting uncontrolled release of 
crude oil into the Gulf of Mexico, and to ensure that 
a similar disaster is not repeated. 
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Be it enacted by the Senate and House of Representa-
tives 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 explo-
sion, fire, and loss of life on and sinking of the Mo-
bile Drilling Unit Deepwater Horizon and the result-
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ing 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 execu-
tive branch, to be known as the BP Deepwater Horizon 
Disaster Inquiry Commission. 
(b) DUTIES.— 
(1) INVESTIGATION OF CAUSES.—The Commis-
sion shall conduct an investigation of the causes of 
the oil disaster, including an investigation of the fol-
lowing: 
(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, in-
spection, and enforcement. 
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(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 Commis-
sion shall evaluate the adequacy of the response to 
the oil disaster, including an evaluation of the fol-
lowing: 
(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. 
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(B) to minimize the risk and mitigate the 
impact of future such disasters, including 
through— 
(i) changes to Federal law and regula-
tions, 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 prac-
tices. 
(5) EVALUATION OF IMPLICATIONS FOR OFF-
SHORE 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 Commis-
sion shall review and (as applicable) qualitatively 
and quantitatively analyze the following information, 
subject to its availability: 
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(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 govern-
mental evaluations of the oil disaster. 
(C) Data and evidence from oversight, in-
spection, 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 ACCU-
RACY
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). 
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(2) The Governor of a Gulf State, or the Gov-
ernor’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
COMPOSI-
TION.—The membership of the Commission shall include 
individuals with natural resources and environmental ex-
pertise, 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 Commis-
sion 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 Representa-
tives. 
(4) The minority leader of the House of Rep-
resentatives. 
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(d) PROHIBITION ON APPOINTMENT OF CERTAIN IN-
DIVIDUALS.— 
(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 Depart-
ment of Homeland Security that the President de-
termines to constitute a conflict of interest. 
(e) CHAIRMAN AND VICE CHAIRMAN.—The President 
shall designate the Chair and Vice Chair of the Commis-
sion 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. 
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(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 dis-
aster; 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 stat-
utes, 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— 
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(1) hold hearings, take testimony, receive evi-
dence, and administer oaths; and 
(2) subject to subsection (b), require the at-
tendance and testimony of witnesses and the produc-
tion 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 Chair-
man or any member designated by a majority 
of the Commission, and may be served by any 
person designated by the Chairman or a mem-
ber designated by a majority of the Commis-
sion. 
(2) ENFORCEMENT.— 
(A) IN GENERAL.—In the case of contu-
macy or failure to obey a subpoena issued 
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under paragraph (1), the United States district 
court for the judicial district in which the sub-
poenaed person resides, is served, or may be 
found, or where the subpoena is returnable, 
may issue an order requiring such person to ap-
pear 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 appropria-
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tion 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 es-
tablishment, or instrumentality of the Government, 
information, suggestions, estimates, and statistics 
for the purposes of this Act. Each department, bu-
reau, agency, board, commission, office, independent 
establishment, or instrumentality shall, to the extent 
authorized by law, furnish such information, sugges-
tions, estimates, and statistics directly to the Com-
mission, 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 DIS-
SEMINATION.—Information shall be received, han-
dled, stored, and disseminated by members of the 
Commission and its staff consistent with all applica-
ble statutes, regulations, and Executive orders. 
(e) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
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to the Commission on a reimbursable basis adminis-
trative 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, facili-
ties, 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 chap-
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ter 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 Depart-
ment of the Interior and the Department of Home-
land 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.—Subpara-
graph (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 Adminis-
tration, and the Environmental Protection Agency, but 
not an employee of the Minerals Management Service, 
may be detailed to the Commission without reimbursement 
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from the Commission, and such detailee shall retain the 
rights, status, and privileges of his or her regular employ-
ment without interruption. 
(c) CONSULTANT SERVICES.—The Commission may 
procure the services of an expert or consultant in accord-
ance 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 Commis-
sion 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 Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons em-
ployed intermittently in the Government service are al-
lowed expenses under section 5703(b) of title 5, United 
States Code. 
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