Text: H.R.3736 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (10/07/2009)


111th CONGRESS
1st Session
H. R. 3736


To reform the Minerals Management Service by establishing it as an independent Federal agency.


IN THE HOUSE OF REPRESENTATIVES

October 7, 2009

Mr. Issa introduced the following bill; which was referred to the Committee on Natural Resources


A BILL

To reform the Minerals Management Service by establishing it as an independent Federal agency.

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

SECTION 1. Short title.

This Act may be cited as the “Minerals Management Service Reform Act”.

SEC. 2. Establishment and organizational structure.

There is established as an independent establishment in the executive branch the Minerals Management Service. The Service shall succeed the Minerals Management Service of the Department of the Interior as such department is in existence on the day before the effective date of this Act.

SEC. 3. Officers of Service.

(a) Director.—

(1) APPOINTMENT.—The Service shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, to a 5-year term of office.

(2) FUNCTIONS.—The Director—

(A) shall carry out all functions transferred to the Director by this Act; and

(B) shall have authority and control over all personnel, programs, and activities of the Service.

(3) COMPENSATION.—The Director shall be compensated at the rate prescribed for level II of the Executive Schedule.

(b) Deputy Director.—

(1) APPOINTMENT.—There shall be in the Service a Deputy Director, who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) FUNCTIONS.—The Deputy Director—

(A) shall perform such functions and have such duties and powers as the Director may prescribe;

(B) shall act for and perform the functions of the Director when the Director is absent or unable to serve and when the office of the Director is vacant; and

(C) shall, to the maximum extent practicable, assure that procurement actions of the Service take advantage of all methods available to expedite the procurement process.

(3) COMPENSATION.—The Deputy Director shall be compensated at the rate prescribed for level III of the Executive Schedule.

(c) Associate Directors.—

(1) APPOINTMENT.—The Director shall appoint Associate Directors who shall each have such duties as may be prescribed by the Director.

(2) COMPENSATION.—Each Associate Director appointed under this subsection shall be compensated at the rate prescribed for level IV of the Executive Schedule.

(d) Chief Counsel.—

(1) APPOINTMENT.—There shall be in the Service a Chief Counsel, who shall be appointed by the Director.

(2) FUNCTIONS.—The Chief Counsel shall be the chief legal officer for all legal matters arising from the activities of the Service.

(3) COMPENSATION.—The Chief Counsel shall be compensated at the rate prescribed for level IV of the Executive Schedule.

(e) Inspector General.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1) in section 12(1), by inserting “the Minerals Management Service;” after “the Export-Import Bank;”; and

(2) in section 12(2), by inserting “ ‘the Minerals Management Service,’” after “the Export-Import Bank,”.

SEC. 4. Functions of Director.

(a) In general.—The Director shall—

(1) exercise all powers and discharge all duties of the Service; and

(2) carry out all functions, powers, and duties that are vested in the Department of the Interior on the day before the effective date of this Act relating to—

(A) bidding, leasing, and managing all offshore oil and gas, including with respect to the Gulf of Mexico and other areas of the Outer Continental Shelf; and

(B) collection of revenue (other than taxes) generated by such oil and gas.

(b) Existing law.—Except as otherwise provided by this Act, in carrying out the functions of the Service under this Act, the Director shall be subject to all provisions of law to which the Director was subject on the day before the effective date of this Act to the extent such provisions are not inconsistent with this Act.

(c) Not subject to entities created by executive order.—The Director shall not submit decisions for the approval of, and shall not be bound by the decisions or recommendations of, any committee, board, or other organization created by Executive Order.

SEC. 5. Transfers and incidental provisions.

(a) Transfers.—The following are transferred to the Minerals Management Service established by section 2:

(1) FUNCTIONS OF MMS.—All functions vested by law on the day before the effective date of this Act in the Minerals Management Service in the Department of the Interior or its Director, and all functions vested by law on the day before the effective date of this Act in the Department of the Interior or the Department of the Interior that are administered through the Minerals Management Service (including budgetary and procurement functions) or related to the Minerals Management Service.

(2) INCIDENTAL FUNCTIONS.—All functions of the Department of the Interior and of the Minerals Management Service in the Department of the Interior on the day before the effective date of this Act that are incidental to, helpful to, or necessary for, the performance of the functions transferred by paragraph (1), or that relate primarily to those functions.

(3) PERSONNEL, PROPERTY, RECORDS, AND FUNDS.—So much of the personnel, property, records, funds, accounts, and unexpended balances of appropriations, allocations, and other funds of the Department of the Interior and the Minerals Management Service as are employed, used, held, available, or to be made available in connection with the functions transferred by paragraphs (1) and (2).

(b) No reduction in classification or compensation.—The personnel transferred under this section shall be transferred without reduction in classification or compensation.

(c) Exercise of functions by Director.—The Director of the Minerals Management Service shall exercise all functions transferred by subsection (a) of this section and any other function vested by any law in the Minerals Management Service or the Director of the Minerals Management Service after the date of the enactment of this Act.

SEC. 6. Rules; regulations.

In the performance of functions pursuant to this Act, the Director may make, promulgate, issue, rescind, and amend rules and regulations in accordance with chapter 5 of title 5, United States Code.

SEC. 7. Delegation.

(a) In general.—Except as otherwise provided in this Act, the Director may delegate functions to officers and employees of the Service, and may authorize successive redelegations of such functions in the Service, as the Director considers necessary or appropriate.

(b) Director remains responsible.—A delegation of functions by the Director under this section or under any other provision of this Act shall not relieve the Director of responsibility for the administration of such functions.

SEC. 8. Supplemental personnel and services.

(a) Experts and consultants.—In addition to the officers provided for by section 3, the Director may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code.

(b) Personnel of other agencies.—Upon request of the Director, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to assist the Director in carrying out functions of the Service.

(c) Volunteer services.—

(1) IN GENERAL.—The Director may accept voluntary services of individuals in accordance with the provisions of section 3111 of title 5, United States Code and without regard to the provisions of section 1342 of title 31, United States Code, if such services will not be used to displace Federal employees employed on a full-time, part-time, or seasonal basis.

(2) INCIDENTAL EXPENSES.—The Director may provide for incidental expenses, including transportation, lodging, and subsistence, for persons who provide voluntary services pursuant to this subsection to the Director.

(3) NOT FEDERAL EMPLOYEES.—An individual who provides voluntary services to the Director pursuant to this subsection shall not be considered to be a Federal employee for any purpose other than for purposes of chapter 81 of title 5, United States Code (relating to compensation for work injuries) and chapter 171 of title 28, United States Code (relating to tort claims).

SEC. 9. Contracts.

The Director may, without regard to the provisions of section 3324 of title 31, United States Code, and subject to appropriations Acts, enter into and perform contracts, leases, cooperative agreements, and other transactions, on such terms and conditions as the Director considers appropriate, with any Federal agency or any instrumentality of the United States, with any State, territory, or possession, with any political subdivision thereof, and with any person (including any educational institution), as may be necessary to carry out the functions of the Director and the Service.

SEC. 10. Use of services, equipment, personnel, and facilities of other agencies.

(a) In general.—With the consent of the appropriate agency, the Director may, with or without reimbursement, use the services, equipment, personnel, and facilities of Federal agencies and other public and private agencies, and may cooperate with other public and private agencies in the use of services, equipment, personnel, and facilities.

(b) Cooperation of other Federal agencies.—The head of each Federal agency shall cooperate fully with the Director in making the services, equipment, personnel, and facilities of the Federal agency available to the Director.

(c) Supplies and equipment.—Notwithstanding any other provision of law, the head of a Federal agency may transfer to or receive from the Service, without reimbursement, supplies and equipment, other than administrative supplies and equipment.

SEC. 11. Acquisition and maintenance of property.

(a) In general.—The Director may—

(1) acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain such other real and personal property (including office space and patents), and any interest therein within or outside the continental United States as the Director considers necessary;

(2) lease to others such real and personal property; and

(3) provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Service at its installations and purchase and maintain equipment for such facilities.

(b) Title to property.—Title to any property or interest therein acquired pursuant to this section shall be in the United States.

(c) Limitation.—The authority granted by subsection (a) shall be available only with respect to facilities of a special purpose nature that cannot readily be reassigned from similar Federal activities and are not otherwise available for assignment to the Service by the Director of General Services.

(d) Contracts and leases subject to appropriations.—The authority of the Director to enter into contracts and leases under this section shall be to such extent and in such amounts as are provided in appropriation Acts.

SEC. 12. Transfers of funds from other Federal agencies.

The Director may accept transfers from other Federal agencies of funds that are available to carry out—

(1) functions transferred by this Act to the Director; or

(2) functions assigned by law to the Director after the date of the enactment of this Act.

SEC. 13. Seal of Service.

The Service shall cause a seal of office to be made for the Service of such design as the Director shall approve, and judicial notice shall be taken of such seal.

SEC. 14. Status of Service under certain laws.

For purposes of chapter 9 of title 5, United States Code, the Service is an independent regulatory agency.

SEC. 15. Savings provisions.

(a) In general.—All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges—

(1) that have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in regard to functions that are transferred under this Act to the Service on or after the date of the enactment of this Act; and

(2) that are in effect on the effective date of this Act;

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director or other authorized official, by a court of competent jurisdiction, or by operation of law.

(b) Pending licenses, permits, certificates, and financial assistance.—

(1) IN GENERAL.—This Act shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending on the effective date of this Act, and such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued.

(2) PROCEEDINGS.—Orders shall be issued in proceedings referred to in paragraph (1), appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.

(3) DISCONTINUANCE OR MODIFICATION.—Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

(c) Pending suits.—

(1) IN GENERAL.—This Act shall not affect suits commenced before the effective date of this Act.

(2) PROCEEDINGS.—In all suits referred to in paragraph (1), proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted.

(d) Interim appointments.—

(1) IN GENERAL.—In any case involving an officer required by this Act to be appointed by and with the advice and consent of the Senate who has not entered office on the effective date of this Act, the President may designate the person who served as such officer on the day before the effective date of this Act to act in such office until the office is filled as provided by this Act.

(2) COMPENSATION.—A person designated to act in an office under paragraph (1) shall receive compensation at the rate of pay provided by this Act for the office in which the person acts.

SEC. 16. Laws and regulations.

Except as otherwise provided in this Act, all laws, rules, and regulations in effect and applicable to the Minerals Management Service of the Department of the Interior or to the Director of such Service on the date immediately preceding the effective date of this Act shall, on and after such effective date, be applicable to the Minerals Management Service and the Director established by this Act, until such law, rule, or regulation is repealed or otherwise modified or amended.

SEC. 17. Definitions.

For the purposes of this Act, the following definitions apply:

(1) DIRECTOR.—The term “Director” means the Director of the Minerals Management Service appointed under section 3.

(2) SERVICE.—The term “Service” means the Minerals Management Service established by section 2.