[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6094 Introduced in House (IH)]

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 
  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 concerned

_______________________________________________________________________

                                 A BILL


 
  To establish the National Commission on Outer Continental Shelf Oil 
                           Spill Prevention.

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

SECTION 1. NATIONAL COMMISSION ON OUTER CONTINENTAL 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'').
    (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 evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the incident;
            (3) to build upon the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of--
                    (A) the Committees on Energy and Natural Resources 
                and Commerce, Science, and Transportation of the 
                Senate;
                    (B) the Committee on Natural Resources and the 
                Subcommittee on Oversight and Investigations 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;
            (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 recommendations for corrective 
        measures that may be taken to prevent similar incidents.
    (c) Composition of Commission.--
            (1) Members.--The Commission shall be composed 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) leader 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;
                    (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 Federal Government or any 
                State or local government.
                    (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;
                            (ii) environmental compliance;
                            (iii) health and safety law (particularly 
                        oil spill legislation);
                            (iv) oil spill insurance policies;
                            (v) public administration;
                            (vi) oil and gas exploration and 
                        production;
                            (vii) environmental cleanup; and
                            (viii) fisheries and wildlife management.
                    (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 Commission as soon as 
                practicable after the date of enactment of this Act.
            (3) Quorum; vacancies.--
                    (A) In general.--After the initial meeting of the 
                Commission, the Commission shall meet upon the call of 
                the Chairperson or a majority of the members of the 
                Commission.
                    (B) Quorum.--Six members of the Commission shall 
                constitute a quorum.
                    (C) Vacancies.--Any vacancy in the Commission shall 
                not affect the powers of the Commission, 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 Commission are--
                    (A) to conduct an investigation that--
                            (i) investigates relevant facts and 
                        circumstances relating to the Deepwater Horizon 
                        incident of April 20, 2010, and the associated 
                        oil spill thereafter, including any relevant 
                        legislation, Executive order, regulation, plan, 
                        policy, practice, or procedure; and
                            (ii) may include relevant facts and 
                        circumstances relating to--
                                    (I) permitting agencies;
                                    (II) environmental and worker 
                                safety law enforcement agencies;
                                    (III) national energy requirements;
                                    (IV) deepwater and ultradeepwater 
                                oil and gas exploration and 
                                development;
                                    (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 
                                incident by the Commission;
                    (B) to identify, review, and evaluate the lessons 
                learned from the Deepwater Horizon incident of April 
                20, 2010, regarding the structure, coordination, 
                management policies, and procedures of the Federal 
                Government, and, if appropriate, State and local 
                governments and nongovernmental entities, and the 
                private sector, relative to detecting, preventing, and 
                responding to those incidents; and
                    (C) to submit to the President and Congress such 
                reports as are required under this section containing 
                such findings, conclusions, and recommendations as the 
                Commission determines to be appropriate, including 
                proposals for organization, coordination, planning, 
                management arrangements, procedures, rules, and 
                regulations.
            (2) Relationship to inquiry by congressional committees.--
        In investigating facts and circumstances relating to energy 
        policy, the Commission shall--
                    (A) first review the information compiled by, and 
                any findings, conclusions, and recommendations 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 Commission 
                determines that--
                            (i) those committees have not investigated 
                        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.
    (e) Powers of Commission.--
            (1) Hearings and evidence.--The Commission 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, receive 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, correspondence, 
                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 Chairperson; 
                                or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), a 
                        subpoena issued under this paragraph--
                                    (I) shall bear the signature of the 
                                Chairperson or any member designated by 
                                a majority of the Commission; and
                                    (II) may be served by any person or 
                                class of persons designated by the 
                                Chairperson or by a member designated 
                                by a majority of the Commission for 
                                that purpose.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        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 subpoena is returnable, may issue an 
                        order requiring the person to appear at any 
                        designated place to testify or to produce 
                        documentary or other evidence.
                            (ii) Judicial action for noncompliance.--
                        Any failure to obey the 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 majority vote, certify a statement of 
                        fact constituting 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 Commission 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, independent establishment, or 
                instrumentality of the Federal Government, information, 
                suggestions, estimates, and statistics for the purposes 
                of this section.
                    (B) Cooperation.--Each Federal department, bureau, 
                agency, board, commission, office, independent 
                establishment, or instrumentality shall, to the extent 
                authorized by law, furnish information, suggestions, 
                estimates, and statistics directly to the Commission, 
                upon request made by the Chairperson, the Chairperson 
                of any subcommittee created by a majority of the 
                Commission, or any member designated by a majority of 
                the Commission.
                    (C) Receipt, handling, storage, and 
                dissemination.--Information shall be received, handled, 
                stored, and disseminated only by members of the 
                Commission and the staff of the Commission in 
                accordance with all applicable laws (including 
                regulations and Executive orders).
            (5) Assistance from federal agencies.--
                    (A) General services administration.--The 
                Administrator of General Services shall provide to the 
                Commission on a reimbursable basis administrative 
                support and other services for the performance of the 
                functions of the Commission.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed in subparagraph (A), 
                departments and agencies of the United States may 
                provide to the Commission 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 property, 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 agencies of the United States.
    (f) Public Meetings and Hearings.--
            (1) Public meetings and release of public versions of 
        reports.--The Commission shall--
                    (A) hold public hearings and meetings, to the 
                extent appropriate; and
                    (B) release public versions of the reports required 
                under paragraphs (1) and (2) of subsection (j).
            (2) Public hearings.--Any public hearings of the Commission 
        shall be conducted in a manner consistent with the protection 
        of proprietary or sensitive information provided to or 
        developed for or by the Commission as required by any 
        applicable law (including 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 regulations), 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 Commission.
                            (ii) Maximum rate of pay.--No rate of pay 
                        fixed under this subparagraph 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.
                    (B) Personnel as federal employees.--
                            (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 chapters 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 intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent 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 member of the 
                Commission who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent 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, including per diem in lieu of 
        subsistence, at rates authorized 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 Members 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 Commission appropriate security clearances, to the 
        maximum extent practicable, pursuant to existing procedures and 
        requirements.
            (2) Proprietary information.--No person shall be provided 
        with access to proprietary information under this section 
        without the appropriate security clearances.
    (j) Reports of Commission; Adjournment.--
            (1) Interim reports.--The Commission may submit to the 
        President and Congress interim reports containing such 
        findings, conclusions, and recommendations for corrective 
        measures as have been agreed to by a majority of members of the 
        Commission.
            (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 Congress a final report containing such 
        findings, conclusions, 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
                            (ii) disseminating the final report 
                        submitted 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 national 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 thereafter in 
                which the Commission convenes.
            (2) Availability.--Amounts made available to carry out this 
        section shall be available--
                    (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 Commission adjourns 
                for the fiscal year under subsection (j)(3).
    (l) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.
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