Granting Subpoena Power to Commission Investigating BP Deepwater Oil Spill

Date: June 23, 2010
Location: Washington, DC
Issues: Oil and Gas

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Mr. OBERSTAR. Madam Speaker, I rise today in strong support of H.R. 5481, as amended, to give subpoena power to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.

On April 20, 2010, the Deepwater Horizon, a mobile offshore drilling unit (MODU) operating in the Gulf of Mexico off Louisiana, suffered a blowout and an uncontrollable release of gas and oil. This touched off an explosion and fire that claimed the lives of 11 men, injured many others, and resulted in the loss of the rig.

This casualty has also resulted in the release of millions of gallons of gas and oil into the Gulf of Mexico, the destruction of critical shoreline and ocean habitats, impacts to the health of potentially hundreds of workers engaged in the clean up, and catastrophic economic losses that will not be known for some time for the people of the Gulf Coast region. Gas and oil continue to gush out of control from the well nearly 65 days since the explosion.

On May 22, President Obama issued Executive Order 13543 to establish the BP Deepwater Horizon Oil Spill and Offshore Drilling Commission. The Commission's mission is to:

1. examine the facts and circumstances concerning the Deepwater Horizon oil spill disaster;

2. develop options for preventing and mitigating the impact of oil spills associated with offshore drilling including: improvements to Federal laws, regulations, and industry practices and reforms to federal agencies; and

3. submit a public report to the President with findings and options for consideration within six months of the Commission's first meeting.

There are many serious questions that need to be answered surrounding this catastrophe. The President's Executive Order establishes a framework for pursuing these questions and providing needed policy improvements regarding offshore oil drilling. However, the Commission lacks a critical tool: subpoena power.

Unfortunately, it is in the interests of certain parties to withhold important information, rather than to provide it voluntarily. I know from our own oversight work on the Committee that subpoena power is absolutely necessary to identify and to get the information required to make better policies and to protect public health, the environment, and to prevent the mistakes of the past. For the Commission to fulfill its critical mission, it must have the power to compel parties to provide it with information. Congress has provided similar powers to prior commissions and provided this same investigatory power to the Offices of Inspector General pursuant to the Inspector General Act of 1978.

The gentlewoman from California (Mrs. Capps) has introduced legislation (H.R. 5481) to ensure that the BP Deepwater Horizon Commission has the ability to pursue critical questions and lines of inquiry wherever they may lead. The bill allows the Commission to issue subpoenas to compel the attendance and testimony of witnesses, and produce records and correspondence, among other items.

Passage of this legislation will give the BP Deep Horizon Oil Spill and Offshore Drilling Commission a central tool that it needs to get to the truth.

I thank the gentlewoman from California (Mrs. Capps) for introducing this important bill and for her unwavering commitment to this issue.

I urge my colleagues to join me in supporting H.R. 5481.

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