National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling
Signed May 21, 2010·Barack Obama·75 FR 29397
Source
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Plain-language summary
Establishes the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, made up of up to seven presidentially appointed members, including two designated as Co-Chairs. The commission is directed to examine the root causes of the Deepwater Horizon disaster and develop options for preventing and mitigating oil spills from offshore drilling, including possible improvements to federal laws, regulations, and industry practices, and reforms to federal agencies. It must hold public hearings, gather information from government, industry, and affected communities, avoid duplicating other investigations, and coordinate with the Department of Justice to avoid interfering with law enforcement or damage-recovery efforts. It must submit a final public report to the President within six months of its first meeting and will terminate 60 days after submitting that report. The Secretary of Energy is directed to provide administrative support, and commission members serve without pay but may receive travel expenses.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered
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The order, in full
Executive Order 13543 of May 21, 2010
National Commission on the BP Deepwater Horizon
Oil Spill and Offshore Drilling
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Establishment. There is established the
National Commission on the BP Deepwater Horizon Oil
Spill and Offshore Drilling (the “Commission”).
Sec. 2. Membership. (a) The Commission shall be
composed of not more than 7 members who shall be
appointed by the President. The members shall be drawn
from among distinguished individuals, and may include
those with experience in or representing the
scientific, engineering, and environmental communities,
the oil and gas industry, or any other area determined
by the President to be of value to the Commission in
carrying out its duties.
(b) The President shall designate from among the
Commission members two members to serve as Co-Chairs.
Sec. 3. Mission. The Commission shall:
(a) examine the relevant facts and circumstances
concerning the root causes of the Deepwater Horizon oil
disaster;
(b) develop options for guarding against, and
mitigating the impact of, oil spills associated with
offshore drilling, taking into consideration the
environmental, public health, and economic effects of
such options, including options involving:
(1) improvements to Federal laws, regulations, and industry practices
applicable to offshore drilling that would ensure effective oversight,
monitoring, and response capabilities; protect public health and safety,
occupational health and safety, and the environment and natural resources;
and address affected communities; and
(2) organizational or other reforms of Federal agencies or processes
necessary to ensure such improvements are implemented and maintained.
(c) submit a final public report to the President
with its findings and options for consideration within
6 months of the date of the Commission's first meeting.
Sec. 4. Administration. (a) The Commission shall hold
public hearings and shall request information including
relevant documents from Federal, State, and local
officials, nongovernmental organizations, private
entities, scientific institutions, industry and
workforce representatives, communities, and others
affected by the Deepwater Horizon oil disaster, as
necessary to carry out its mission.
(b) The heads of executive departments and
agencies, to the extent permitted by law and consistent
with their ongoing activities in response to the oil
spill, shall provide the Commission such information
and cooperation as it may require for purposes of
carrying out its mission.
(c) In carrying out its mission, the Commission
shall be informed by, and shall strive to avoid
duplicating, the analyses and investigations undertaken
by other governmental, nongovernmental, and independent
entities.
(d) The Commission shall ensure that it does not
interfere with or disrupt any ongoing or anticipated
civil or criminal investigation or law enforcement
activities or any effort to recover response costs or
damages arising out of the Deepwater Horizon explosion,
fire, and oil spill. The Commission shall consult with
the Department of Justice concerning the Commission's
activities to avoid any risk of such interference or
disruption.
(e) The Commission shall have a staff, headed by an
Executive Director.
(f) The Commission shall terminate 60 days after
submitting its final report.
Sec. 5. General Provisions. (a) To the extent permitted
by law, and subject to the availability of
appropriations, the Secretary of Energy shall provide
the Commission with such administrative services,
funds, facilities, staff, and other support services as
may be necessary to carry out its mission.
(b) Insofar as the Federal Advisory Committee Act,
as amended (5 U.S.C. App.) (the “Act”), may apply to
the Commission, any functions of the President under
that Act, except for those in section 6 of the Act,
shall be performed by the Secretary of Energy in
accordance with guidelines issued by the Administrator
of General Services.
(c) Members of the Commission shall serve without
any additional compensation for their work on the
Commission, but shall be allowed travel expenses,
including per diem in lieu of subsistence, to the
extent permitted by law for persons serving
intermittently in the Government service (5 U.S.C.
5701-5707).
(d) Nothing in this order shall be construed to
impair or otherwise affect:
(1) authority granted by law to a department, agency, or the head thereof;
or
(2) functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(e) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
May 21, 2010.Reproduced from the Federal Register plain-text record, signed May 21, 2010. Typesetting artifacts are removed; no wording is changed.