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GAO-11-397R: 

United States Government Accountability Office: 
Washington, DC 20548: 

April 18, 2011: 

Congressional Requesters: 

Subject: Deepwater Horizon Oil Spill: Update on Federal Financial 
Risks and Claims Processing: 

On April 20, 2010, an explosion occurred on BP America Production 
Company's (BP) leased mobile offshore drilling unit Deepwater Horizon. 
The total cost to clean up the massive and unprecedented oil spill in 
the Gulf of Mexico following the Deepwater Horizon explosion 
(including costs to help pay for the spill's adverse impact on 
businesses and individuals in the region) are yet unknown, but have 
been estimated in the tens of billions of dollars. The extent to which 
the federal government will ultimately be required to pay costs 
associated with the Deepwater Horizon oil spill remains unclear. 

The complex legal framework in place for oil spill liability and 
response funding will play an integral role in determining who is 
responsible and will ultimately pay the costs associated with the 
Deepwater Horizon oil spill. In this regard, the Oil Pollution Act of 
1990,[Footnote 1] as amended (OPA), which Congress enacted after the 
Exxon Valdez spill in 1989, authorized use of the Oil Spill Liability 
Trust Fund (Fund) to pay for certain oil spill cleanup costs and 
damages using federal tax revenues for immediate response costs and 
when the responsible parties cannot be identified or do not pay. OPA 
also provided that the federal government may subsequently seek 
reimbursement for these costs from responsible parties.[Footnote 2] 
The Fund, which is administered by Coast Guard's National Pollution 
Funds Center (NPFC), is subject to a $1-billion cap on the total 
amount of expenditures per incident. 

NPFC designated two BP subsidiaries--BP Exploration and Production and 
its guarantor, BP Corporation North America, Inc.--and five other 
companies as responsible parties for Deepwater Horizon oil spill 
related claims. Shortly after the spill, at the direction of NPFC, BP 
began to receive and process all claims against responsible parties. 
In June 2010, at the urging of the White House and Department of 
Justice, BP established a new claims processing facility--the Gulf 
Coast Claims Facility (GCCF). GCCF began operations on August 23, 
2010, and is responsible for handling claims from individuals and 
businesses for damages resulting from the Deepwater Horizon oil spill. 
For those claims submitted to the GCCF that are rejected or not paid 
within 90 days, claimants may file OPA-compensable claims with NPFC to 
request reimbursement from the Fund. 

BP also established an irrevocable trust (Trust), to which BP is to 
provide a total of $20 billion by 2014, primarily for the purpose of 
paying GCCF and other claims related to the: 

Deepwater Horizon oil spill.[Footnote 3] The Trust is to pay some OPA- 
compensable claims and some other claims for personal injuries that 
are not OPA-compensable, but for which BP would be liable under other 
federal or state laws, such as the Jones Act or state oil pollution 
acts.[Footnote 4] 

In November 2010,[Footnote 5] we reported on our preliminary 
assessment of the potential financial risks to the federal government 
associated with the Deepwater Horizon oil spill cleanup costs. The 
attached briefing provides information updated since our preliminary 
assessment. For this briefing our objectives are to provide updated 
information on (1) the financial risks to the federal government 
associated with the cap on expenditures from the Fund and (2) claims 
submitted to and reviewed NPFC and GCCF, and those paid by GCCF. We 
also provide an update of the status of agency actions to respond to 
the recommendations made in our November 2010 report. This is the 
second in a planned series of three reports on our work in this area. 

Our third report, planned for the summer of 2011, is intended to be a 
capping report with an updated assessment of: (1) the financial risks 
to the federal government associated with the Fund; (2) NPFC Fund cost 
reimbursements and claims and related processes; and (3) the federal 
framework for monitoring and oversight of responsible parties' actions 
to pay costs associated with the Deepwater Horizon oil spill. 

Scope and Methodology: 

To provide an update on the financial risks to the federal government 
and the Fund, we obtained and summarized available data from NPFC on 
obligated and actual costs incurred and reviewed publicly available 
financial information of responsible parties through March 2011. We 
also obtained updated data on reported costs incurred in relation to 
the cap on expenditures from the Fund. 

In order to update information about claims submitted and reviewed by 
NPFC and GCCF, we used available NPFC and GCCF claims data through 
March 2011, to describe the number and types of claims filed by 
individuals and businesses against the Trust and the Fund, and the 
number and dollar amounts claimed, reviewed, and paid. We also 
obtained information on NPFC's claims contingency planning for 
handling potential surges in claims submitted related to the Deepwater 
Horizon oil spill. We also obtained information from NPFC officials 
about the status of the recommendations made in our November 2010 
report. 

We conducted our work from November 2010 to March 2011 in accordance 
with all sections of GAO's Quality Assurance Framework that are 
relevant to our objectives. The framework requires that we plan and 
perform the engagement to meet our stated objectives and that we 
discuss any limitations in our work. We believe that the information 
and data obtained, and the analysis conducted, provide a reasonable 
basis for our findings and conclusions. 

We performed limited procedures to determine the Fund expenditures 
reported were reasonable for our reporting purposes. 

Results in Brief: 

With reported Fund costs of about $629.5 million as of March 31, 2011, 
NPFC had obligated or incurred costs that could result in over 60 
percent of the amount available under the Fund's statutory $1-billion- 
per-incident-expenditure-cap.[Footnote 6] If, regardless of any 
reimbursements from responsible parties, total Fund expenditures 
exceed the $1-billion cap, agencies may be required to rely on 
reallocating their appropriated funding to cover costs they incur or 
obtain supplemental funding. In addition, agencies may be unable to 
cover some of their costs and NPFC would be unable to pay any 
additional claims to individuals and businesses related to the 
Deepwater Horizon oil spill. We are reiterating our prior matter that 
Congress should consider changing the calculation of expenditures made 
against the Fund's $1-billion-per-incident-expenditure-cap to take 
into account reimbursements from responsible parties. Ultimately, the 
federal government's financial risk will continue to be closely linked 
with actions taken by the responsible parties to pay such costs. To 
date, BP has continued to fund the Trust established in August 2010 to 
pay for Deepwater Horizon oil spill claims as agreed. 

With respect to claims processing, NPFC has taken a number of steps to 
monitor the GCCF's claims processing in planning for contingencies to 
help ensure it can effectively process any future surges in the number 
of claims it receives as a result of rejected GCCF claims that NPFC 
may receive for adjudication related to the Deepwater Horizon oil 
spill. These actions helped NPFC to process a sharp increase in the 
number of claims that individuals and businesses submitted to NPFC in 
December 2010. NPFC officials told us they monitor ongoing GCCF 
activities in order to forecast and take actions to mitigate potential 
surges in the number of claims that may come to NPFC for adjudication. 
As of March 2011, GCCF had established four types of claims payments-- 
Emergency Advanced Payments, Quick Payments (Final), Interim Payments, 
and Full Review Payments (Final). As of March 31, 2011, GCCF had paid 
approximately $3.7 billion on 281,308 claims and denied over 4,000 
claims. 

In response to our previous recommendations, NPFC reported that it 
plans to update its policies and procedures in August and October 2011 
to address three of the four recommendations made in our November 2010 
report. These recommendations were directed at helping NPFC establish 
and maintain effective cost reimbursement policies and procedures for 
the Fund and update NPFC's current policies to reflect current 
organization, structure and management's directives. For the other 
recommendation, NPFC contends that its current procedures, which allow 
for invoices sent to responsible parties to serve as notification for 
cost recovery, provide adequate documentation of responsible party 
designation. However, NPFC intends to review, clarify, and update its 
designation procedures by October 31, 2011. We believe that 
clarification of this process is necessary. As stated in our November 
2010 report, we found that NPFC's existing procedures for notifying 
responsible parties, including the use of an invoice as notification 
of "responsible party" designation, were not clear. For example, NPFC 
sent an invoice for reimbursement to one of the Deepwater Horizon oil 
spill responsible parties that it considered as formal notification of 
the entity's financial responsibilities. However, a representative of 
the entity later publicly stated it had not received notification of a 
"responsible party" designation. 

Agency Comments and Our Evaluation: 

We provided a draft of our briefing to the Department of Homeland 
Security's (DHS) and the Department of Justice's (DOJ) management for 
comment. DHS commented that NPFC continues to disagree with what it 
understands to be GAO's concern that a notice of designation of a 
discharge source issued to some responsible parties, but not to all 
responsible parties that are eventually identified, risks confusion 
and breakdowns in the claims management and cost reimbursement 
process. However, it also commented that NPFC intends to review, 
clarify, and update its designation procedures on or by October 31, 
2011. DOJ commented that GAO has not identified any statutory 
responsibility that NPFC failed to fulfill under OPA Title 1, nor 
identified any policy basis for our responsible party notification 
recommendation. 

We did not assert that NPFC did not comply with law or policy. 
Nonetheless, as we previously reported, clarification of responsible 
party designation procedures is necessary to avoid possible confusion 
over responsibility and breakdowns in the claims management and cost 
reimbursement process. Consequently, we are encouraged that NPFC 
intends to update its procedures to clarify responsible party 
designations. 

We are sending copies of this correspondence to the appropriate 
congressional committees. We are also sending copies to the Secretary 
of Homeland Security, the Director of NPFC, the Attorney General of 
the United States, and to other interested parties. This 
correspondence will also be available at no charge on our Web site at 
[hyperlink, http://www.gao.gov]. 

Should you or your staff have any questions concerning this 
correspondence, please contact Susan Ragland at (202) 512-8486 or 
raglands@gao.gov. Contact points for our Offices of Congressional 
Relations and Public Affairs may be found on the last page of this 
report. GAO staff who made key contributions to this report include 
Kim McGatlin, Assistant Director; F. Abe Dymond, Assistant General 
Counsel; Jehan Abdel-Gawad; Donald Holzinger; Mark Kaufman; Jason 
Kelly; Chari Nash-Cannaday; Donell Ries; and Doris Yanger. 

Signed by: 

Susan Ragland:
Director:
Financial Management and Assurance: 

Enclosure: 

List of Requesters: 

The Honorable John Conyers, Jr.
Ranking Member:
Committee on the Judiciary:
House of Representatives: 

The Honorable Bennie G. Thompson:
Ranking Member:
Committee on Homeland Security:
House of Representatives: 

The Honorable Tom Carper:
Chairman:
Subcommittee on Federal Financial Management, Government Information, 
Federal Services, and International Security:
Committee on Homeland Security and Governmental Affairs:
United States Senate: 

The Honorable Sheldon Whitehouse:
Chairman:
Subcommittee on Oversight:
Committee on Environment and Public Works:
United States Senate: 

The Honorable Mary Landrieu:
Chairwoman:
Subcommittee on Disaster Recovery:
Committee on Homeland Security:
United States Senate: 

The Honorable Michael C. Burgess:
The Honorable Nick J. Rahall, II:
House of Representatives: 

[End of section] 

Enclosure: Deepwater Horizon Oil Spill: Update on Federal Financial 
Risks and Claims Processing: 

Briefing for Congressional Requesters: 

Overview: 

Introduction; 
Objectives, Scope, and Methodology; 
Background; 
Results in Brief; 
- Risk that Total Expenditures from the Fund Will Reach the Cap; 
- Claims-Processing Status Update; 
- Status of Prior Recommendations; 
Conclusions; 
Agency Comments and Our Evaluation. 

Introduction: 

On April 20, 2010, an explosion occurred on BP America Production 
Company's (BP) leased mobile offshore drilling unit, Deepwater 
Horizon. The total cost to clean up the massive and unprecedented oil 
spill in the Gulf of Mexico following the Deepwater Horizon explosion, 
as well as costs to help pay for the spill's adverse impact on 
businesses and individuals in the region, are not yet known, but have 
been estimated in the tens of billions of dollars. Further, the extent 
to which the federal government will ultimately be required to
pay any of the costs associated with the Deepwater Horizon oil spill 
remains unclear. 

In November 2010,[Footnote 7] we reported on our preliminary 
assessment of the potential financial risks to the federal government 
associated with the Deepwater Horizon oil spill cleanup costs. The 
overall objectives for our work in this area are to assess (1) 
financial risks to the federal Oil Spill Liability Trust Fund (Fund) 
and the federal government as a result of the Deepwater Horizon oil 
spill, (2) the Coast Guard's National Pollution Funds Center's (NPFC)
cost reimbursement and claims policies and procedures for Deepwater 
Horizon oil spill costs, and (3) the framework for federal monitoring 
and oversight efforts over the responsible parties for the Deepwater 
Horizon oil spill, including federal efforts to oversee BP's and the 
Gulf Coast Claims Facility's (GCCF) Deepwater Horizon oil-spill claims
payments. 

Objectives: 

This briefing provides information updated since our preliminary 
assessment in November 2010. For this briefing, our objectives are to 
provide updated information related to the Deepwater Horizon oil spill 
on: 

(1) the financial risks to the federal government associated with the 
cap on expenditures from the Fund and; 

(2) claims submitted to and reviewed by NPFC and GCCF, and those paid 
by GCCF. 

We also provide an update of the status of agency actions to respond 
to the recommendations made in our November 2010 report. 

This is the second in a planned series of three reports on our work in 
this area. 

Our third report, planned for the summer of 2011, is intended to be a 
capping report addressing our overall objectives. 

Scope and Methodology: 

To provide an update on the financial risks to the federal government, 
we obtained and summarized available data from NPFC on obligated and 
actual costs incurred and reviewed publicly available financial 
information of responsible parties through March 2011. We also 
obtained updated data on reported costs incurred in relation to the 
cap on expenditures from the Fund. 

In order to update information about claims submitted and reviewed by 
NPFC and GCCF, we used available NPFC and GCCF claims data through 
March 2011, to describe the number and types of claims filed by 
individuals and businesses against the Trust and the Fund, and the 
number and dollar amounts claimed, reviewed, and paid. We also 
obtained information on NPFC's claims contingency planning for 
handling potential surges in claims submitted related to the Deepwater 
Horizon oil spill. 

We also obtained information from NPFC officials about the status of 
the recommendations made in our November 2010 report. 

We conducted our work from November 2010 to March 2011 in accordance 
with all sections of GAO's Quality Assurance Framework that are 
relevant to our objectives. The framework requires that we plan and 
perform the engagement to meet our stated objectives and that we 
discuss any limitations in our work. We believe that the information 
and data obtained, and the analysis conducted, provide a reasonable 
basis for our findings and conclusions. 

We performed limited procedures to determine the Fund expenditures 
reported were reasonable for our reporting purposes. 

Background: 

A complex landscape of laws and regulations governs the liability for 
oil spill costs of different parties. Injuries and damages that arise 
from an oil spill incident are governed by federal statutes and common 
law, federal securities laws, and various state laws. For example, the 
Oil Pollution Act of 1990 (OPA),[Footnote 8] as amended, places the 
primary liability for the cost of the oil spills—-up to certain 
limits-—on the responsible party or parties for removal costs and 
damages specified in OPA (referred to as OPA-compensable damages). OPA
authorizes the use of the Fund, which NPFC administers, for federal 
cleanup and natural resource restoration. NPFC monitors the sources 
and uses of the Fund, adjudicates claims submitted to the Fund for 
payment, and pursues reimbursements from responsible parties for costs 
and damages paid by the Fund and certain other recoverable costs. 

Under OPA, the authorized limit on expenditures to be paid from the 
Fund is currently $1-billion in total expenditures per incident, with 
a concurrent limit of $500 million per incident for natural resource 
damage assessments and claims. 

Following the Deepwater Horizon oil spill, the Coast Guard, without in 
any way relieving other responsible parties of liability, directed BP 
to establish a single claims facility for all responsible parties to 
centralize claims processing for claimants.[Footnote 9] In June 2010, 
at the urging of the White House and the Department of Justice, BP 
established a new claims processing facility—-GCCF--and announced 
creation of a $20 billion escrow account (Trust) to satisfy claims 
resolved by GCCF and certain other claims, including natural resource 
damages. BP has also pledged collateral to secure its obligation to 
contribute the full $20 billion to the Trust. 

BP established GCCF to provide a mechanism for individuals and 
businesses to file claims for costs and damages incurred as a result 
of the Deepwater Horizon oil spill. Because NPFC bills the responsible 
parties directly for costs agencies have incurred in response to the 
Deepwater Horizon oil spill, BP pays these costs and they are not paid 
from the Trust. Payments received by NPFC from BP are deposited into 
the Fund. 

Individuals and businesses are required to first file with GCCF for 
Deepwater Horizon-related oil spill claims. For those claims submitted 
to GCCF that are rejected or not paid within 90 days, claimants may 
file OPA-compensable claims with NPFC to request reimbursement from 
the Fund. 

GCCF began operations and started accepting claim forms on August 23, 
2010. GCCF, administered by Kenneth R. Feinberg, draws funds from the 
Trust to pay claims. The payments are intended to provide compensation 
for both OPA-compensable and certain non-OPA-compensable claims. 

BP established an irrevocable Trust (for the announced escrow account) 
on August 6, 2010, designating three trustees[Footnote 10] with 
fiduciary responsibility to collect promised contributions from BP and 
make disbursements to permitted categories of beneficiaries. BP 
committed to fund the Trust on a quarterly basis over 3-1/2 years for 
a total of $20 billion to be paid into the Trust as of 2014.[Footnote 
11] The Trust is to pay some OPA-compensable claims and some other 
claims for personal injuries that are not OPA-compensable, but for 
which BP would be liable under other federal or state laws, such as 
the Jones Act or state oil pollution acts.[Footnote 12] 

Results in Brief: 

With reported Fund costs of about $629.5 million as of March 31, 2011, 
NPFC has incurred costs that could result in payments of over 60 
percent of the funds available under the Fund's statutory
$1-billion-per-incident-expenditure-cap.[Footnote 13] If total Fund 
expenditures for the Deepwater Horizon oil spill exceed $1 billion, 
agencies may be required to rely on reallocating their appropriated 
funding to cover costs they incur or obtain supplemental funding. In 
addition, agencies may be unable to cover some costs and NPFC would be 
unable to pay any additional claims related to the Deepwater Horizon 
oil spill. Ultimately, the federal government's financial risk will 
continue to be closely linked with actions taken by BP and the other 
responsible parties to pay claims and other costs. To date, BP has 
continued to meet its stated commitment to pay the costs associated 
with the Deepwater Horizon oil spill and has continued to fund the 
August 2010 agreement establishing a $20 billion Trust that GCCF can 
draw from to pay claims. 

With respect to claims processing, NPFC actions are necessarily 
closely tied to those of GCCF. NPFC has taken a number of steps to 
monitor GCCF's claims processing in planning for contingencies to help 
ensure it can effectively process any future surges in the number of 
claims it receives as a result of rejected GCCF claims that NPFC may 
receive for adjudication related to the Deepwater Horizon oil spill. 
These actions helped NPFC to process a sharp increase in the number of 
claims individuals and businesses submitted to NPFC in December 2010. 

On our previous recommendations, NPFC reported that it plans to update 
its policies and procedures in August and October 2011 to address 
three of the four recommendations made in our November 2010 report. 
For the other recommendation, NPFC contends that its current 
procedures, which allow for invoices sent to responsible parties to 
serve as notification for cost recovery, provide adequate 
documentation and notification of responsible party designations. We 
disagree. As stated in our November 2010 report, we found that NPFC's 
existing procedures for notifying responsible parties using invoices did
not clearly communicate their "responsible party" designation. For 
example, an official from a Deepwater Horizon oil spill responsible 
party who had received an invoice from NPFC, stated during a July 2010 
hearing that his company had not received notification of designation. 
Also, NPFC sent the notice to Transocean Holdings Incorporated, but
Transocean replied that the correct entity is Transocean Holdings, LLC. 

Risk That Total Expenditures from the Fund Will Reach the Cap: 

Federal agencies continue to incur Deepwater Horizon-related removal 
and other costs. As NPFC continues to make expenditures from the Fund 
to reimburse federal agency costs and directly pay for other Deepwater 
Horizon-related costs, NPFC reported, as of March 31, 2011, it has 
incurred costs that could result in payments of over 60 percent of the 
funds available under the $1-billion-per-incident-expenditure-cap from 
the Fund. Once the expenditures reach the cap, NPFC will be precluded 
from making any additional cost reimbursements to agencies or paying 
any additional claims related to the Deepwater Horizon oil spill. 

According to internal Coast Guard reports, as of March 31, 2011, NPFC 
had obligated or incurred approximately $629.5 million against the 
Fund toward the $1-billion-per-incident-expenditure-cap.[Footnote 14] 
This amount includes: 

* $451.4 million obligated against the Fund to reimburse government 
agencies' Pollution Removal Funding Authorizations (Federal 
Authorizations) and Military Interdepartmental Purchase Requests 
(MIPR). Of the total obligated amount, as of March 31, 2011, NPFC had 
approved about $193.9 million for payment.[Footnote 15] 

* $130.2 million expended by the Coast Guard and charged directly to 
the Fund. These costs are referred to by the Coast Guard as direct 
costs and include contracts and travel directly related to the oil 
spill response.[Footnote 16] 

* $47.8 million obligated against the Fund for the initiation of 
natural resource damage assessments (NRDA) to the Department of the 
Interior (D01).[Footnote 17] 

NPFC officials told us that they have not estimated a time frame for 
when they anticipate the cap will be reached. However, they stated 
that there is a significant risk the cap could be reached in fiscal 
year 2011 as agencies continue to conduct significant removal activities
related to the Deepwater Horizon oil spill. 

If expenditures from the Fund collectively exceed the $1-billion-per-
incident-cap, agencies and claimants could no longer receive 
reimbursement from the Fund. In that event, federal agencies might 
have to turn to options such as requesting supplemental appropriations 
or reallocating funds from their annual appropriations or using other 
agency budgetary resources to cover costs that would otherwise be 
reimbursed by the Fund. Further, if agencies stopped funding Deepwater 
Horizon oil-spill-related activities, this could affect the federal 
government's ability to complete oil spill removal and other related 
efforts. 

Ultimately, the federal government's financial exposure will continue 
to be closely linked with BP and the other responsible parties' 
actions concerning the Deepwater Horizon oil spill. BP has committed 
to paying costs for the Deepwater Horizon oil spill including 
reimbursing the Fund for its Deepwater Horizon-related expenditures, 
even to the extent such costs exceed the $20 billion it has agreed to 
set aside. However, circumstances may occur that adversely impact BP 
or other responsible parties' financial condition or ability (above BP's
collateralized pledge) to pay such claims including reimbursing the 
Fund for Deepwater Horizon costs paid. 

Through March 2011, BP has continued to fund the Trust established in 
August 2010 to pay for Deepwater Horizon oil spill claims as agreed. 
BP committed to fund a $20 billion irrevocable Trust on a quarterly 
basis over 3-1/2 years. As of March 31, 2011, BP has made the required 
payments that total $6.25 billion. In addition, as shown on table 1, 
GCCF has paid approximately $3.7 billion on over 280,000 claims from 
the Trust as of March 31, 2011. 

Claims-Processing Status Update: 

Table 1: Claims Paid by GCCF as of March 31, 2011 (unaudited): 

Dollars in millions: 

Type: Emergency Advanced Payments; 
Number of claims paid: 169,005; 
Amount: $2,580.2. 

Type: Interim Payments; 
Number of claims paid: 4,313; 
Amount: $48.4. 

Type: Quick Pay (Final)[A]; 
Number of claims paid: 101,474; 
Amount: $947.0. 

Type: Full Review (Final)[A]; 
Number of claims paid: 6,516;	
Amount: $79.0. 

Type: Total[B]; 
Number of claims paid: 281,308;	
Amount: $3,654.6. 

Source: GAO analysis of GCCF data. 

[A] As of March 31, 2011, 38 percent of the payments from GCCF were 
paid as either Quick Pay or Full Review, both of which require these 
claimants to sign a release waiving any rights they may have against 
responsible parties to file or participate in legal action, or to 
submit any claim to NPFC for payment. 

[B] As described in our November 2010 report, claims approved by GCCF 
are paid from a Trust established and funded (up to $20 billion) by 
BP. Prior to the establishment of GCCF, BP had received and directly 
paid claims from individuals and businesses totaling $396.0 million. 

[End of table] 

As of March 2011, while GCCF has established four types of claim 
payments and paid over $3.6 billion. 

* Emergency Advanced Payments. Payments that were available to 
individuals and businesses that experienced financial hardship 
resulting from damages incurred from the Deepwater Horizon oil spill 
and filed claims by November 23, 2010.[Footnote 18] 

* Quick Pay (Final). Payments to a claimant who has been paid an 
Emergency Advance Payments by GCCF which require the claimant to sign 
a release and within 14 days be paid $5,000 if an individual claimant 
or $25,000 if a business claimant without having to submit additional 
supporting documents or go through further claims review. 

* Interim Payments. Payments for documented past damages caused by the 
Deepwater Horizon oil spill. The Interim Payments will not compensate 
for future losses or damages. 

* Full Review (Final). Payments for all past and future losses caused 
by the Deepwater Horizon oil spill. Claimants who accept a final 
payment are required to sign a release.[Footnote 19] 

With respect to claims processing, NPFC has taken a number of steps in 
planning for contingencies to help ensure it can effectively handle 
any surges in the number of claims it receives for adjudication as a 
result of rejection from GCCF related to the Deepwater Horizon oil 
spill. NPFC officials told us they monitor ongoing GCCF activities in 
order to forecast and take actions to mitigate potential surges in the 
number of claims that may come to NPFC for adjudication. 

NPFC has established a contract through October 31, 2011, for 
additional claims reviewers.[Footnote 20] The contract states that the 
contractor-provided services should allow NPFC management to make 
decisions based on the contractor's review. It also states that in all
cases, NPFC is the final adjudicator on all claims. In addition, NPFC 
officials told us that NPFC has plans to augment its claims division 
using Coast Guard reservists and could also reassign NPFC staff as 
needed to assist in the claims adjudication process. 

To date, NPFC's actions have enabled it to manage its claims 
processing workloads. For example, in December 2010, NPFC experienced 
a surge in claims after 90 days had elapsed from receipt of many 
initial claims by GCCF,[Footnote 21] and the deadline for submitting
certain claims to GCCF had passed. NPFC claims data showed that the 
number of monthly claims submitted to NPFC for the Deepwater Horizon 
oil spill significantly increased during the period from November 2010 
to January 2011. (See Figure 1.) According to an NPFC official, this 
increase may be attributed to: 

* Passage of GCCF's November 23, 2010, deadline for submitting 
Emergency Payment Claim applications; 

* Public announcements made by GCCF's Administrator that GCCF was 
trying to clear its Emergency Payment Claims backlog by December 15, 
2010; and; 

* November 23, 2010, was 90 days from when GCCF started accepting 
claims and in accordance with NPFC policies, if after 90 days the 
claim is without resolution, claims can be submitted to NPFC. 
										
Figure 1: Total Number of Deepwater Horizon Oil	Spill Claims Presented 
to NPFC (unaudited): 

Date: September 2010; 
Number of claims: 17. 

Date: October 2010; 
Number of claims: 21. 

Date: November 2010; 
Number of claims: 107. 

Date: December 2010; 
Number of claims: 250. 

Date: January 2011; 
Number of claims: 140; 

Date: February 2011; 
Number of claims: 26. 

Date: March 2011; 
Number of claims: 68. 
									
Source: GAO analysis of NPFC data. 

Note: NPFC first began receiving Deepwater Horizon oil spill-related 
claims March 31, 2011, totaled $186 million.	 

[End of figure] 

The potential for another increase in the number of claims presented 
for payment to NPFC may occur again if a large number of claimants who 
are denied payments by GCCF choose to file their claims with NPFC at, 
or about, the same time. As of March 31, 2011, according to GCCF's Web 
site,[Footnote 22] GCCF had, in addition to paying over 281,000 
claims, denied over 4,000 claims from individuals and businesses, and 
issued determination letters that found over 3,000 claimants suffered 
no loss. 

As of March 31, 2011, GCCF had more than 100,000 claims under review 
with additional claims being submitted daily. Among the claims under 
review, GCCF indicated that about 39,000 claims require additional 
information in order to be processed. Claimants who are denied payment 
by GCCF or whose claims are not settled within 90 days may pursue the 
following four options: 

* Appeal GCCF's decision, if the claim is in excess of $250,000 under 
procedures established by GCCF Administrator; 

* Commence litigation against the responsible parties in court; 
[Footnote 23] 

* File a claim with NPFC;[Footnote 24] or: 

* Do nothing. 

NPFC's March 31, 2011, data showed that since the Deepwater Horizon 
oil spill occurred in April 2010 it had received over 629 claims, 
totaling $186 million from individuals and businesses for this spill. 
NPFC had issued determinations for more than 538 of these claims (for 
about $163 million), all of which were denials. 

NPFC denied the claims for the following reasons: 

* Failure to prove damages were the result of the spill (39 percent); 

* Lack of documentation (34 percent); 

* Failure to prove damages (10 percent); 

* Paid or being paid by responsible party (9 percent); 

* Withdrawn by Claimant (5 percent); 

* Not compensable under OPA, and therefore, not payable from the Fund 
(2 percent); 

* Fraud (1 percent). 

It is unclear at this time, if any, and if so how many, of the over 
100,000 claims pending with GCCF, as of March 31, 2011, will 
ultimately result in claimants filing a claim with NPFC. 

Since we last reported in November 2010, GCCF has updated its payment 
options and the deadlines associated with those options. GCCF's 
decisions and related actions affect the number of claims submitted to 
NPFC. When the deadlines were reached for the Emergency Advanced 
Payments claims to GCCF, a surge of claims were subsequently submitted 
to NPFC in December 2010. 

Status of Prior Recommendations: Department of Homeland Security: 
	
NPFC has stated that actions are underway to address three of the four 
recommendations	we made in our November 2010 report. Table 2 provides 
a status on the recommendations. 

Table 2: Status of Prior Recommendations: 

In order to help establish and maintain effective cost reimbursement 
policies and procedures for the Fund, we recommended that the 
Secretary of Homeland Security direct the Director of the Coast 
Guard's NPFC to update NPFC's policies and procedures to include:	 

Prior recommendation: 1. Current Fund reimbursement-billing practices 
that reflect both a percentage of federal agencies' obligations as 
well as expenditures. 
Status: NPFC officials acknowledged that the billing practices for 
Deepwater Horizon are not documented in the agency's policies and 
procedures. NPFC officials told us they plan to formally incorporate 
the practices into its policies and procedures by October 31, 2011. 

Prior recommendation: 2. Specific procedural guidance on processing 
DOD requests for reimbursement using Military Interdepartmental 
Purchase Requests.	
Status: NPFC officials told us they plan to formally incorporate the 
procedures into NPFC's policies and procedures by October 31, 2011. 

In order to ensure that responsible parties are properly notified of 
their responsibilities for an oil spill, we recommend that the 
Secretary of Homeland Security direct the Director of NPFC to: 
	
Prior recommendation: 3. Update NPFC's current policies to reflect 
current organization and structure and management's directives; 
Status: NPFC officials stated that NPFC's current policies will be 
updated to reflect current organization and structure and management's 
directives by August 31, 2011. 

Prior recommendation: 4. Update NPFC's current procedures to provide 
detailed guidance and procedures for identifying and documenting 
responsible party notification.	
Status: NPFC officials disagreed with our recommendations and stated 
its responsible party designations are unrelated to the imposition of 
liability under OPA and that they serve the purpose of getting a 
responsible party to advertise the Deepwater Horizon oil spill claims 
process. NPFC's procedures provide that responsible parties and their 
guarantors are to be notified of their oil spill-related 
responsibilities. In accordance with its current procedures, NPFC sent 
formal letters of designation to some, but not all, of the responsible 
parties it identified for the Deepwater Horizon oil spill. To other 
responsible parties, NPFC provided only invoices that reflected NPFC's 
assessment of liability for removal costs. NPFC's existing procedures 
for notifying responsible parties using invoices did not clearly 
communicate their "responsible party" designation. We continue to 
believe that NPFC's procedures for identifying and documenting 
responsible party notification needs to be updated to clearly indicate 
the required mechanism used to identify and notify responsible parties 
of their financial obligations related to oil spills, including 
Deepwater Horizon. 

[End of table] 

Conclusions: 

In our November 2010 report we offered a matter for congressional 
consideration that the Congress may want to consider setting a Fund 
cap per incident based upon net expenditures (expenditures less 
reimbursements). Since that report, expenditures have continued to be 
paid from the Fund and continue to approach the legislated cap. Given 
the risk that total expenditures from the Fund may reach the currently 
legislated cap, we are reiterating our prior suggestion that the 
Congress should consider amending the Oil Pollution Act of 1990, as 
amended (OPA),[Footnote 25] or enacting new legislation that changes 
the calculation of expenditures made against the Fund's $1-billion-per-
incident-expenditure-cap to take into account reimbursements from 
responsible parties. 

We continue to believe that NPFC's procedures for identifying and 
documenting responsible party notification needs to be updated to 
clearly indicate the required mechanism to be used to notify 
responsible parties. Related to the Deepwater Horizon oil spill, NPFC 
sent formal letters of designation to some, but not all, of the 
responsible parties it identified. It provided only invoices to some 
responsible parties that reflect NPFC's assessment of liability for 
removal costs. NPFC's existing procedures for notifying responsible 
parties using invoices did not clearly communicate their "responsible 
party" designation. Consequently, we reiterate our previous 
recommendation that NPFC update its procedures to clearly indicate the 
required mechanism to be used to notify responsible parties for the 
Deepwater Horizon oil spill and future spills, in order to avoid 
confusion on whether an entity has financial responsibility for 
payment of oil-spill-related costs. 

Agency Comments and Our Evaluation: 

We provided a draft of our briefing to the management of the 
Departments of Justice and Homeland Security for comment. We received 
comments from the Department of Homeland Security on this briefing 
which stated NPFC continues to disagree with what it understands to be 
GAO's concern that a notice of designation of a discharge source 
issued to some responsible parties, but not to all responsible parties 
that are eventually identified, risks confusion and breakdowns in the 
claims management and cost reimbursement process. However, it also 
commented NPFC intends to review, clarify, and update its designation 
procedures on or by October 31, 2011. The Department of Justice also 
provided comments. In regards to our recommendation that NPFC update 
its procedures to provide detailed guidance and procedures for 
identifying and documenting responsible party notification, DOJ stated 
that GAO has not identified any statutory responsibility that NPFC 
failed to fulfill under OPA Title 1, nor has GAO identified any policy 
basis for this recommendation. 

We did not assert that NPFC did not comply with legal requirements or 
policy concerning responsible party designations. Nonetheless, as we 
previously reported, clarification of responsible party designation 
procedures is necessary to avoid possible confusion over 
responsibility and breakdowns in the claims management and cost 
reimbursement process. Consequently, we are encouraged that
NPFC intends to update its procedures to clarify responsible party 
designations. 

[End of briefing slides] 

Footnotes: 

[1] Pub. L. No. 101-380, 104 Stat. 489 (1990). 

[2] The Fund also pays for the costs of certain federal agency 
operations. 

[3] BP established the Trust under Delaware law, which generally 
provides that the principal of the trust can be used only for the 
purposes stated in the trust agreement and that the terms of the trust 
agreement cannot be modified and are legally enforceable by the 
trustees. BP pledged collateral to cover its funding commitment to the 
Trust. 

[4] The Jones Act 46 U.S.C. § 30104, establishes liability for injury 
or death of seamen incurred in the course of their employment. 

[5] GAO, Deepwater Horizon Oil Spill: Preliminary Assessment of 
Federal Financial Risks and Cost Reimbursement and Notification 
Policies and Procedures, [hyperlink, 
http://www.gao.gov/products/GAO-11-90R] (Washington, D.C.: Nov. 12, 
2010). 

[6] The $1-billion cap is concurrent with a $500-million cap on 
expenditures for natural resource damages and related assessments. 

[7] GAO, Deepwater Horizon Oil Spill: Preliminary Assessment of 
Federal Financial Risks and Cost Reimbursement and Notification 
Policies and Procedures, [hyperlink, 
http://www.gao.gov/products/GAO-11-90R] (Washington, D.C.: Nov. 12, 
2010). 

[8] Pub. L. No. 101-380, 104 Stat. 489 (1990). 

[9] On May 11, 2010, NPFC notified BP and Transocean Holdings 
Incorporated that BP's advertising and claims processing were 
sufficient, and Transocean should not advertise and should coordinate 
claims processing with BP. According to NPFC officials, NPFC wanted to 
avoid public confusion and have only one responsible party advertise 
for claims. 

[10] The three trustees are Citigroup Trust-Delaware, N.A., which 
serves as the corporate trustee, and John S. Martin, Jr. and Kent D. 
Syverud, who serve as individual trustees. 

[11] The funding schedule for the escrow account agreed to by the 
administration and BP was for contributions by BP of $5 billion a year 
for 4 years. BP later confirmed that the funding schedule would 
include an initial deposit of $3 billion, which was made on August 9, 
2010, with an additional deposit of $2 billion made in the fourth 
quarter of 2010 and $1.25 billion a quarter thereafter until the 
entire $20 billion has been deposited. 

[12] The Jones Act 46 U.S.C. § 30104, establishes liability for injury 
or death of seamen incurred in the course of their employment. 

[13] The $1-billion cap is concurrent with a $500-million cap on 
expenditures for natural resource damages and related assessments. 

[14] An obligation is a commitment, such as a contract, that creates a 
legal liability for the payment of goods and services ordered or 
received. NPFC's procedures for monitoring the amount spent toward the 
cap use the actual expenditures and obligated amounts. 

[15] Federal Authorizations authorize reimbursement of federal and 
nonfederal government agencies from the Fund for oil-spill-response 
and removal activities. NPFC uses MIPRs rather than Federal 
Authorizations for the Department of Defense and certain other 
agencies. 

[16] According to the Coast Guard, direct costs are operating costs 
that it otherwise would not have incurred but for the oil spill. 

[17] There is a statutory cap of $500 million in expenditures from the 
Fund per incident for natural resource damage assessments and claims. 
26 U.S.C. § 9509(c)(2). 

[18] According to GCCF's Web site, claims under Emergency Advanced 
Payments could be submitted through November 23, 2010, and were 
adjudicated and paid through December 15, 2010. Since the deadline 
expired, this payment is no longer available. 

[19] Both Quick Pay and Full Review Claims require claimants to sign a 
release waiving any rights they may have against responsible parties, 
to file or participate in legal action, or to submit any claim to NPFC 
for payment. 

[20] Although the contract is currently effective through October 31, 
2011, NPFC officials said they could issue additional task orders, so 
that the contract could be used to provide NPFC with additional 
support operations through October 31, 2012. 

[21] Under OPA and the implementing federal regulations and policies, 
if the designated responsible party denies a claim or does not settle 
it within 90 days, a claimant may commence action in court against the 
responsible party or present a claim to NPFC. 

[22] Claimant Review Status as of March 31, 2011, [hyperlink, 
http://www.gulfcoastclaimsfacility.com] (accessed April 1, 2011). 

[23] Numerous individuals, businesses, states, and the federal 
government have commenced various actions in a number of courts 
against several companies, including BP, seeking damages or 
declaratory or injunctive relief under several laws, including OPA. 
Many of these pending cases have been consolidated in multidistrict 
litigation in the U.S. District Court for the Eastern District of 
Louisiana. See [hyperlink, 
http://www.laed.uscourts.gov/OilSpill/OilSpill.htm]. 

[24] If a claimant decides to commence litigation against the 
responsible parties, NPFC will not review the same claim until the 
litigation has concluded. 

[25] The Omnibus Budget Reconciliation Act of 1986, Pub. L. No. 99-
509, established the Fund and its original expenditure caps, and OPA 
modified the expenditure caps to their current level. See 26 U.S.C. § 
9509(c)(2). 

[End of section] 

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