I 
111TH CONGRESS 
2D SESSION 
H. R. 6094 
To establish the National Commission on Outer Continental Shelf Oil Spill 
Prevention. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 10, 2010 
Mr. CASSIDY introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on Trans-
portation 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 concerned 
A BILL 
To establish the National Commission on Outer Continental 
Shelf Oil Spill Prevention. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NATIONAL COMMISSION ON OUTER CONTI-
NENTAL SHELF OIL SPILL PREVENTION. 
(a) ESTABLISHMENT.—There is established in the 
Legislative branch the National Commission on Outer 
Continental Shelf Oil Spill Prevention (referred to in this 
section as the ‘‘Commission’’). 
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(b) PURPOSES.—The purposes of the Commission 
are— 
(1) to examine and report on the facts and 
causes relating to the Deepwater Horizon explosion 
and oil spill of 2010; 
(2) to ascertain, evaluate, and report on the evi-
dence developed by all relevant governmental agen-
cies regarding the facts and circumstances sur-
rounding the incident; 
(3) to build upon the investigations of other en-
tities, and avoid unnecessary duplication, by review-
ing the findings, conclusions, and recommendations 
of— 
(A) the Committees on Energy and Nat-
ural Resources and Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Natural Resources 
and the Subcommittee on Oversight and Inves-
tigations of the House of Representatives; and 
(C) other Executive branch, congressional, 
or independent commission investigations into 
the Deepwater Horizon incident of 2010, other 
fatal oil platform accidents and major spills, 
and major oil spills generally; 
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(4) to make a full and complete accounting of 
the circumstances surrounding the incident, and the 
extent of the preparedness of the United States for, 
and immediate response of the United States to, the 
incident; and 
(5) to investigate and report to the President 
and 
Congress 
findings, 
conclusions, 
and 
rec-
ommendations for corrective measures that may be 
taken to prevent similar incidents. 
(c) COMPOSITION OF COMMISSION.— 
(1) MEMBERS.—The Commission shall be com-
posed of 10 members, of whom— 
(A) 1 member shall be appointed by the 
President, who shall serve as Chairperson of the 
Commission; 
(B) 1 member shall be appointed by the 
majority or minority (as the case may be) lead-
er of the Senate from the Republican Party and 
the majority or minority (as the case may be) 
leader of the House of Representatives from the 
Republican Party, who shall serve as Vice 
Chairperson of the Commission; 
(C) 2 members shall be appointed by the 
senior member of the leadership of the Senate 
from the Democratic Party; 
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(D) 2 members shall be appointed by the 
senior member of the leadership of the House 
of Representatives from the Republican Party; 
(E) 2 members shall be appointed by the 
senior member of the leadership of the Senate 
from the Republican Party; and 
(F) 2 members shall be appointed by the 
senior member of the leadership of the House 
of Representatives from the Democratic Party. 
(2) QUALIFICATIONS; INITIAL MEETING.— 
(A) POLITICAL PARTY AFFILIATION.—Not 
more than 5 members of the Commission shall 
be from the same political party. 
(B) NONGOVERNMENTAL
APPOINTEES.— 
An individual appointed to the Commission may 
not be a current officer or employee of the Fed-
eral Government or any State or local govern-
ment. 
(C) OTHER
QUALIFICATIONS.—It is the 
sense of Congress that individuals appointed to 
the Commission should be prominent United 
States citizens, with national recognition and 
significant depth of experience and expertise in 
such areas as— 
(i) engineering; 
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(ii) environmental compliance; 
(iii) health and safety law (particu-
larly oil spill legislation); 
(iv) oil spill insurance policies; 
(v) public administration; 
(vi) oil and gas exploration and pro-
duction; 
(vii) environmental cleanup; and 
(viii) fisheries and wildlife manage-
ment. 
(D) DEADLINE
FOR
APPOINTMENT.—All 
members of the Commission shall be appointed 
on or before September 15, 2010. 
(E) INITIAL MEETING.—The Commission 
shall meet and begin the operations of the Com-
mission as soon as practicable after the date of 
enactment of this Act. 
(3) QUORUM; VACANCIES.— 
(A) IN GENERAL.—After the initial meet-
ing of the Commission, the Commission shall 
meet upon the call of the Chairperson or a ma-
jority of the members of the Commission. 
(B) QUORUM.—Six members of the Com-
mission shall constitute a quorum. 
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(C) VACANCIES.—Any vacancy in the Com-
mission shall not affect the powers of the Com-
mission, but shall be filled in the same manner 
in which the original appointment was made. 
(d) FUNCTIONS OF COMMISSION.— 
(1) IN GENERAL.—The functions of the Com-
mission are— 
(A) to conduct an investigation that— 
(i) investigates relevant facts and cir-
cumstances relating to the Deepwater Ho-
rizon incident of April 20, 2010, and the 
associated oil spill thereafter, including any 
relevant legislation, Executive order, regu-
lation, plan, policy, practice, or procedure; 
and 
(ii) may include relevant facts and cir-
cumstances relating to— 
(I) permitting agencies; 
(II) environmental and worker 
safety law enforcement agencies; 
(III) national energy require-
ments; 
(IV) deepwater and ultradeepwa-
ter oil and gas exploration and devel-
opment; 
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(V) 
regulatory 
specifications, 
testing, and requirements for offshore 
oil and gas well explosion prevention; 
(VI) 
regulatory 
specifications, 
testing, and requirements offshore oil 
and gas well casing and cementing 
regulation; 
(VII) the role of congressional 
oversight and resource allocation; and 
(VIII) other areas of the public 
and private sectors determined to be 
relevant to the Deepwater Horizon in-
cident by the Commission; 
(B) to identify, review, and evaluate the 
lessons learned from the Deepwater Horizon in-
cident of April 20, 2010, regarding the struc-
ture, coordination, management policies, and 
procedures of the Federal Government, and, if 
appropriate, State and local governments and 
nongovernmental entities, and the private sec-
tor, relative to detecting, preventing, and re-
sponding to those incidents; and 
(C) to submit to the President and Con-
gress such reports as are required under this 
section containing such findings, conclusions, 
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and recommendations as the Commission deter-
mines to be appropriate, including proposals for 
organization, coordination, planning, manage-
ment arrangements, procedures, rules, and reg-
ulations. 
(2) RELATIONSHIP TO INQUIRY BY CONGRES-
SIONAL
COMMITTEES.—In investigating facts and 
circumstances relating to energy policy, the Commis-
sion shall— 
(A) first review the information compiled 
by, and any findings, conclusions, and rec-
ommendations of, the committees identified in 
subparagraphs (A) and (B) of subsection 
(b)(3); and 
(B) after completion of that review, pursue 
any appropriate area of inquiry, if the Commis-
sion determines that— 
(i) those committees have not inves-
tigated that area; 
(ii) the investigation of that area by 
those committees has not been completed; 
or 
(iii) new information not reviewed by 
the committees has become available with 
respect to that area. 
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(e) POWERS OF COMMISSION.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
subcommittee or member of the Commission, may, 
for the purpose of carrying out this section— 
(A) hold such hearings, meet and act at 
such times and places, take such testimony, re-
ceive such evidence, and administer such oaths; 
and 
(B) require, by subpoena or otherwise, the 
attendance and testimony of such witnesses and 
the production of such books, records, cor-
respondence, memoranda, papers, documents, 
tapes, and materials; 
as the Commission or such subcommittee or member 
considers to be advisable. 
(2) SUBPOENAS.— 
(A) ISSUANCE.— 
(i) IN GENERAL.—A subpoena may be 
issued under this paragraph only— 
(I) by the agreement of the 
Chairperson and the Vice Chair-
person; or 
(II) by the affirmative vote of 6 
members of the Commission. 
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(ii) SIGNATURE.—Subject to clause 
(i), a subpoena issued under this para-
graph— 
(I) shall bear the signature of the 
Chairperson or any member des-
ignated by a majority of the Commis-
sion; and 
(II) may be served by any person 
or class of persons designated by the 
Chairperson or by a member des-
ignated by a majority of the Commis-
sion for that purpose. 
(B) ENFORCEMENT.— 
(i) IN GENERAL.—In the case of con-
tumacy or failure to obey a subpoena 
issued under subparagraph (A), the United 
States district court for the district in 
which the subpoenaed person resides, is 
served, or may be found, or where the sub-
poena is returnable, may issue an order re-
quiring the person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. 
(ii) JUDICIAL
ACTION
FOR
NON-
COMPLIANCE.—Any failure to obey the 
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order of the court may be punished by the 
court as a contempt of that court. 
(iii) ADDITIONAL ENFORCEMENT.—In 
the case of any failure of any witness to 
comply with any subpoena or to testify 
when summoned under authority of this 
subsection, the Commission may, by major-
ity vote, certify a statement of fact consti-
tuting such failure to the appropriate 
United States attorney, who may bring the 
matter before the grand jury for 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 
(2 U.S.C. 192 through 194). 
(3) 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 the duties of the Com-
mission under this section. 
(4) INFORMATION FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission may 
secure directly from any Executive department, 
bureau, agency, board, commission, office, inde-
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pendent establishment, or instrumentality of the 
Federal Government, information, suggestions, 
estimates, and statistics for the purposes of this 
section. 
(B) COOPERATION.—Each Federal depart-
ment, bureau, agency, board, commission, of-
fice, independent establishment, or instrumen-
tality shall, to the extent authorized by law, fur-
nish information, suggestions, estimates, and 
statistics directly to the Commission, upon re-
quest made by the Chairperson, the Chair-
person of any subcommittee created by a major-
ity of the Commission, or any member des-
ignated by a majority of the Commission. 
(C) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Information shall be received, 
handled, stored, and disseminated only by mem-
bers of the Commission and the staff of the 
Commission in accordance with all applicable 
laws (including regulations and Executive or-
ders). 
(5) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a reimburs-
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able basis administrative support and other 
services for the performance of the functions of 
the Commission. 
(B) OTHER
DEPARTMENTS
AND
AGEN-
CIES.—In addition to the assistance prescribed 
in subparagraph (A), departments and agencies 
of the United States may provide to the Com-
mission such services, funds, facilities, staff, 
and other support services as are determined to 
be advisable and authorized by law. 
(6) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty, including travel, for the direct advancement of 
the functions of the Commission. 
(7) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as departments and agen-
cies of the United States. 
(f) PUBLIC MEETINGS AND HEARINGS.— 
(1) PUBLIC MEETINGS AND RELEASE OF PUB-
LIC
VERSIONS
OF
REPORTS.—The Commission 
shall— 
(A) hold public hearings and meetings, to 
the extent appropriate; and 
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(B) release public versions of the reports 
required under paragraphs (1) and (2) of sub-
section (j). 
(2) PUBLIC HEARINGS.—Any public hearings of 
the Commission shall be conducted in a manner con-
sistent with the protection of proprietary or sensitive 
information provided to or developed for or by the 
Commission as required by any applicable law (in-
cluding a regulation or Executive order). 
(g) STAFF OF COMMISSION.— 
(1) IN GENERAL.— 
(A) APPOINTMENT AND COMPENSATION.— 
(i) IN
GENERAL.—The Chairperson, 
in consultation with the Vice Chairperson 
and in accordance with rules agreed upon 
by the Commission, may, without regard to 
the civil service laws (including regula-
tions), appoint and fix the compensation of 
a staff director and such other personnel 
as are necessary to enable the Commission 
to carry out the functions of the Commis-
sion. 
(ii) MAXIMUM RATE OF PAY.—No rate 
of pay fixed under this subparagraph may 
exceed the equivalent of that payable for a 
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position at level V of the Executive Sched-
ule under section 5316 of title 5, United 
States Code. 
(B) PERSONNEL
AS
FEDERAL
EMPLOY-
EES.— 
(i) IN GENERAL.—The staff director 
and any personnel of the Commission who 
are employees shall be considered to be 
employees under section 2105 of title 5, 
United States Code, for purposes of chap-
ters 63, 81, 83, 84, 85, 87, 89, and 90 of 
that title. 
(ii) MEMBERS
OF
COMMISSION.— 
Clause (i) shall not apply to members of 
the Commission. 
(2) DETAILEES.— 
(A) IN
GENERAL.—An employee of the 
Federal Government may be detailed to the 
Commission without reimbursement. 
(B) CIVIL SERVICE STATUS.—The detail of 
the employee shall be without interruption or 
loss of civil service status or privilege. 
(3) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairperson of the Com-
mission may procure temporary and intermittent 
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services in accordance with section 3109(b) of title 
5, United States Code, at rates for individuals that 
do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title. 
(h) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION OF MEMBERS.— 
(A) NON-FEDERAL EMPLOYEES.—A mem-
ber of the Commission who is not an officer or 
employee of the Federal Government shall be 
compensated at a rate equal to the daily equiva-
lent of the annual rate of basic pay prescribed 
for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for 
each day (including travel time) during which 
the member is engaged in the performance of 
the duties of the Commission. 
(B) FEDERAL EMPLOYEES.—A member of 
the Commission who is an officer or employee 
of the Federal Government shall serve without 
compensation in addition to the compensation 
received for the services of the member as an 
officer or employee of the Federal Government. 
(2) TRAVEL
EXPENSES.—A member of the 
Commission shall be allowed travel expenses, includ-
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ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Commission. 
(i) SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the appropriate Federal agencies or departments 
shall cooperate with the Commission in expeditiously 
providing to the members and staff of the Commis-
sion appropriate security clearances, to the max-
imum extent practicable, pursuant to existing proce-
dures and requirements. 
(2) PROPRIETARY
INFORMATION.—No person 
shall be provided with access to proprietary informa-
tion under this section without the appropriate secu-
rity clearances. 
(j) REPORTS OF COMMISSION; ADJOURNMENT.— 
(1) INTERIM REPORTS.—The Commission may 
submit to the President and Congress interim re-
ports containing such findings, conclusions, and rec-
ommendations for corrective measures as have been 
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agreed to by a majority of members of the Commis-
sion. 
(2) FINAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall submit to the President and Con-
gress a final report containing such findings, conclu-
sions, and recommendations for corrective measures 
as have been agreed to by a majority of members of 
the Commission. 
(3) TEMPORARY ADJOURNMENT.— 
(A) IN GENERAL.—The Commission, and 
all the authority provided under this section, 
shall adjourn and be suspended, respectively, on 
the date that is 60 days after the date on which 
the final report is submitted under paragraph 
(2). 
(B) ADMINISTRATIVE ACTIVITIES BEFORE 
TERMINATION.—The Commission may use the 
60-day period referred to in subparagraph (A) 
for the purpose of concluding activities of the 
Commission, including— 
(i) providing testimony to committees 
of Congress concerning reports of the 
Commission; and 
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(ii) disseminating the final report sub-
mitted under paragraph (2). 
(C) RECONVENING OF COMMISSION.—The 
Commission shall stand adjourned until such 
time as the President or the Secretary of 
Homeland Security declares an oil spill of na-
tional significance to have occurred, at which 
time— 
(i) the Commission shall reconvene in 
accordance with subsection (c)(3); and 
(ii) the authority of the Commission 
under this section shall be of full force and 
effect. 
(k) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this section— 
(A) $10,000,000 for the first fiscal year in 
which the Commission convenes; and 
(B) $3,000,000 for each fiscal year there-
after in which the Commission convenes. 
(2) AVAILABILITY.—Amounts made available to 
carry out this section shall be available— 
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(A) for transfer to the Commission for use 
in carrying out the functions and activities of 
the Commission under this section; and 
(B) until the date on which the Commis-
sion adjourns for the fiscal year under sub-
section (j)(3). 
(l) NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Commission. 
Æ 
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