S 917 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 917CommentsClose CommentsPermalink

To amend the Outer Continental Shelf Lands Act to reform the management of energy and mineral resources on the Outer Continental Shelf, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

May 9, 2011CommentsClose CommentsPermalink

Mr. BINGAMAN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Outer Continental Shelf Lands Act to reform the management of energy and mineral resources on the Outer Continental Shelf, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Outer Continental Shelf Reform Act of 2011’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Purposes.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. National policy for the outer Continental Shelf.CommentsClose CommentsPermalink





Sec. 5. Structural reform of outer Continental Shelf program management.CommentsClose CommentsPermalink





Sec. 6. Safety, environmental, and financial reform of the Outer Continental Shelf Lands Act.CommentsClose CommentsPermalink





Sec. 7. Study on the effect of the moratoria on new deepwater drilling in the Gulf of Mexico on employment and small businesses.CommentsClose CommentsPermalink





Sec. 8. Reform of other law.CommentsClose CommentsPermalink





Sec. 9. Safer oil and gas production.CommentsClose CommentsPermalink





Sec. 10. National Commission on Outer Continental Shelf Oil Spill Prevention.CommentsClose CommentsPermalink





Sec. 11. Classification of offshore systems.CommentsClose CommentsPermalink





Sec. 12. Savings provisions.CommentsClose CommentsPermalink





Sec. 13. Budgetary effects.CommentsClose CommentsPermalink

SEC. 2. PURPOSES.

The purposes of this Act are--CommentsClose CommentsPermalink





(1) to rationalize and reform the responsibilities of the Secretary of the Interior with respect to the management of the outer Continental Shelf in order to improve the management, oversight, accountability, safety, and environmental protection of all the resources on the outer Continental Shelf;CommentsClose CommentsPermalink





(2) to provide independent development and enforcement of safety and environmental laws (including regulations) governing--CommentsClose CommentsPermalink





(A) energy development and mineral extraction activities on the outer Continental Shelf; andCommentsClose CommentsPermalink





(B) related offshore activities; andCommentsClose CommentsPermalink





(3) to ensure a fair return to the taxpayer from, and independent management of, royalty and revenue collection and disbursement activities from mineral and energy resources.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) DEPARTMENT- The term ‘Department’ means the Department of the Interior.CommentsClose CommentsPermalink





(2) OUTER CONTINENTAL SHELF- The term ‘outer Continental Shelf’ has the meaning given the term in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink

SEC. 4. NATIONAL POLICY FOR THE OUTER CONTINENTAL SHELF.

Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 1332) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) the outer Continental Shelf is a vital national resource reserve held by the Federal Government for the public, which should be managed in a manner that--CommentsClose CommentsPermalink





‘(A) recognizes the need of the United States for domestic sources of energy, food, minerals, and other resources;CommentsClose CommentsPermalink





‘(B) minimizes the potential impacts of development of those resources on the marine and coastal environment and on human health and safety; andCommentsClose CommentsPermalink





‘(C) acknowledges the long-term economic value to the United States of the balanced and orderly management of those resources that safeguards the environment and respects the multiple values and uses of the outer Continental Shelf;’;CommentsClose CommentsPermalink





(2) in paragraph (4)(C), by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink





(3) in paragraph (5), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink





(4) by redesignating paragraph (6) as paragraph (7);CommentsClose CommentsPermalink





(5) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink





‘(6) exploration, development, and production of energy and minerals on the outer Continental Shelf should be allowed only when those activities can be accomplished in a manner that provides reasonable assurance of adequate protection against harm to life, health, the environment, property, or other users of the waters, seabed, or subsoil; and’; andCommentsClose CommentsPermalink





(6) in paragraph (7) (as so redesignated)--CommentsClose CommentsPermalink





(A) by striking ‘should be’ and inserting ‘shall be’; andCommentsClose CommentsPermalink





(B) by adding ‘best available’ after ‘using’.CommentsClose CommentsPermalink

SEC. 5. STRUCTURAL REFORM OF OUTER CONTINENTAL SHELF PROGRAM MANAGEMENT.

(a) In General- The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding to the end the following:CommentsClose CommentsPermalink

‘SEC. 32. STRUCTURAL REFORM OF OUTER CONTINENTAL SHELF PROGRAM MANAGEMENT.

‘(a) Leasing, Permitting, and Regulation Bureaus-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT OF BUREAUS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to the discretion granted by Reorganization Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), the Secretary shall establish in the Department of the Interior not more than 2 bureaus to carry out the leasing, permitting, and safety and environmental regulatory functions vested in the Secretary by this Act and the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.) related to the outer Continental Shelf.CommentsClose CommentsPermalink





‘(B) CONFLICTS OF INTEREST- In establishing the bureaus under subparagraph (A), the Secretary shall ensure, to the maximum extent practicable, that any potential organizational conflicts of interest related to leasing, revenue creation, environmental protection, and safety are eliminated.CommentsClose CommentsPermalink





‘(2) DIRECTOR- Each bureau shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





‘(3) COMPENSATION- Each Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code.CommentsClose CommentsPermalink





‘(4) QUALIFICATIONS- Each Director shall be a person who, by reason of professional background and demonstrated ability and experience, is specially qualified to carry out the duties of the office.CommentsClose CommentsPermalink





‘(b) Royalty and Revenue Office-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT OF OFFICE- Subject to the discretion granted by Reorganization Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), the Secretary shall establish in the Department of the Interior an office to carry out the royalty and revenue management functions vested in the Secretary by this Act and the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).CommentsClose CommentsPermalink





‘(2) DIRECTOR- The office established under paragraph (1) shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





‘(3) COMPENSATION- The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code.CommentsClose CommentsPermalink





‘(4) QUALIFICATIONS- The Director shall be a person who, by reason of professional background and demonstrated ability and experience, is specially qualified to carry out the duties of the office.CommentsClose CommentsPermalink





‘(c) OCS Safety and Environmental Advisory Board-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- The Secretary shall establish, under the Federal Advisory Committee Act (5 U.S.C. App.), an Outer Continental Shelf Safety and Environmental Advisory Board (referred to in this subsection as the ‘Board’), to provide the Secretary and the Directors of the bureaus established under this section with independent peer-reviewed scientific and technical advice on safe and environmentally compliant energy and mineral resource exploration, development, and production activities.CommentsClose CommentsPermalink





‘(2) MEMBERSHIP-CommentsClose CommentsPermalink





‘(A) SIZE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Board shall consist of not more than 12 members, chosen to reflect a range of expertise in scientific, engineering, management, and other disciplines related to safe and environmentally compliant energy and mineral resource exploration, development, and production activities.CommentsClose CommentsPermalink





‘(ii) CONSULTATION- The Secretary shall consult with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for membership on the Board.CommentsClose CommentsPermalink





‘(B) TERM- The Secretary shall appoint Board members to staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms.CommentsClose CommentsPermalink





‘(C) CHAIR- The Secretary shall appoint the Chair for the Board.CommentsClose CommentsPermalink





‘(3) MEETINGS- The Board shall--CommentsClose CommentsPermalink





‘(A) meet not less than 3 times per year; andCommentsClose CommentsPermalink





‘(B) at least once per year, shall host a public forum to review and assess the overall safety and environmental performance of outer Continental Shelf energy and mineral resource activities.CommentsClose CommentsPermalink





‘(4) REPORTS- Reports of the Board shall--CommentsClose CommentsPermalink





‘(A) be submitted to Congress; andCommentsClose CommentsPermalink





‘(B) made available to the public in an electronically accessible form.CommentsClose CommentsPermalink





‘(5) TRAVEL EXPENSES- Members of the Board, other than full-time employees of the Federal Government, while attending a meeting of the Board or while otherwise serving at the request of the Secretary or the Director while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Federal Government serving without pay.CommentsClose CommentsPermalink





‘(d) Special Personnel Authorities-CommentsClose CommentsPermalink





‘(1) DIRECT HIRING AUTHORITY FOR CRITICAL PERSONNEL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding sections 3104, 3304, and 3309 through 3318 of title 5, United States Code, the Secretary may, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, recruit and directly appoint highly qualified accountants, scientists, engineers, or critical technical personnel into the competitive service, as officers or employees of any of the organizational units established under this section.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- In exercising the authority granted under subparagraph (A), the Secretary shall ensure that any action taken by the Secretary--CommentsClose CommentsPermalink





‘(i) is consistent with the merit principles of chapter 23 of title 5, United States Code; andCommentsClose CommentsPermalink





‘(ii) complies with the public notice requirements of section 3327 of title 5, United States Code.CommentsClose CommentsPermalink





‘(2) CRITICAL PAY AUTHORITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding section 5377 of title 5, United States Code, and without regard to the provisions of that title governing appointments in the competitive service or the Senior Executive Service and chapters 51 and 53 of that title (relating to classification and pay rates), the Secretary may establish, fix the compensation of, and appoint individuals to critical positions needed to carry out the functions of any of the organizational units established under this section, if the Secretary certifies that--CommentsClose CommentsPermalink





‘(i) the positions--CommentsClose CommentsPermalink





‘(I) require expertise of an extremely high level in a scientific or technical field; andCommentsClose CommentsPermalink





‘(II) any of the organizational units established in this section would not successfully accomplish an important mission without such an individual; andCommentsClose CommentsPermalink





‘(ii) exercise of the authority is necessary to recruit an individual exceptionally well qualified for the position.CommentsClose CommentsPermalink





‘(B) LIMITATIONS- The authority granted under subparagraph (A) shall be subject to the following conditions:CommentsClose CommentsPermalink





‘(i) The number of critical positions authorized by subparagraph (A) may not exceed 40 at any 1 time in either of the bureaus established under this section.CommentsClose CommentsPermalink





‘(ii) The term of an appointment under subparagraph (A) may not exceed 4 years.CommentsClose CommentsPermalink





‘(iii) An individual appointed under subparagraph (A) may not have been an employee of the Department of the Interior during the 2-year period prior to the date of appointment.CommentsClose CommentsPermalink





‘(iv) Total annual compensation for any individual appointed under subparagraph (A) may not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3, United States Code.CommentsClose CommentsPermalink





‘(v) An individual appointed under subparagraph (A) may not be considered to be an employee for purposes of subchapter II of chapter 75 of title 5, United States Code.CommentsClose CommentsPermalink





‘(C) NOTIFICATION- Each year, the Secretary shall submit to Congress a notification that lists each individual appointed under this paragraph.CommentsClose CommentsPermalink





‘(3) REEMPLOYMENT OF CIVILIAN RETIREES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding part 553 of title 5, Code of Federal Regulations (relating to reemployment of civilian retirees to meet exceptional employment needs), or successor regulations, the Secretary may approve the reemployment of an individual to a particular position without reduction or termination of annuity if the hiring of the individual is necessary to carry out a critical function of any of the organizational units established under this section for which suitably qualified candidates do not exist.CommentsClose CommentsPermalink





‘(B) LIMITATIONS- An annuitant hired with full salary and annuities under the authority granted by subparagraph (A)--CommentsClose CommentsPermalink





‘(i) shall not be considered an employee for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code;CommentsClose CommentsPermalink





‘(ii) may not elect to have retirement contributions withheld from the pay of the annuitant;CommentsClose CommentsPermalink





‘(iii) may not use any employment under this paragraph as a basis for a supplemental or recomputed annuity; andCommentsClose CommentsPermalink





‘(iv) may not participate in the Thrift Savings Plan under subchapter III of chapter 84 of title 5, United States Code.CommentsClose CommentsPermalink





‘(C) LIMITATION ON TERM- The term of employment of any individual hired under subparagraph (A) may not exceed an initial term of 2 years, with an additional 2-year appointment under exceptional circumstances.CommentsClose CommentsPermalink





‘(e) Continuity of Authority- Subject to the discretion granted by Reorganization Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), any reference in any law, rule, regulation, directive, or instruction, or certificate or other official document, in force immediately prior to the date of enactment of this section--CommentsClose CommentsPermalink





‘(1) to the Minerals Management Service that pertains to any of the duties and authorities described in this section shall be deemed to refer and apply to the appropriate bureaus and offices established under this section;CommentsClose CommentsPermalink





‘(2) to the Director of the Minerals Management Service that pertains to any of the duties and authorities described in this section shall be deemed to refer and apply to the Director of the bureau or office under this section to whom the Secretary has assigned the respective duty or authority; andCommentsClose CommentsPermalink





‘(3) to any other position in the Minerals Management Service that pertains to any of the duties and authorities described in this section shall be deemed to refer and apply to that same or equivalent position in the appropriate bureau or office established under this section.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 5316 of title 5, United States Code, is amended by striking ‘Director, Bureau of Mines, Department of the Interior’ and inserting the following:CommentsClose CommentsPermalink





‘Bureau Directors, Department of the Interior (2).CommentsClose CommentsPermalink





‘Director, Royalty and Revenue Office, Department of the Interior.’.CommentsClose CommentsPermalink

SEC. 6. SAFETY, ENVIRONMENTAL, AND FINANCIAL REFORM OF THE OUTER CONTINENTAL SHELF LANDS ACT.

(a) Definitions- Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(r) Safety Case- The term ‘safety case’ means a complete set of safety documentation that provides a basis for determining whether a system is adequately safe for a given application in a given environment.’.CommentsClose CommentsPermalink





(b) Administration of Leasing- Section 5(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)) is amended in the second sentence--CommentsClose CommentsPermalink





(1) by striking ‘The Secretary may at any time’ and inserting ‘The Secretary shall’; andCommentsClose CommentsPermalink





(2) by inserting after ‘provide for’ the following: ‘operational safety, the protection of the marine and coastal environment,’.CommentsClose CommentsPermalink





(c) Maintenance of Leases- Section 6 of the Outer Continental Shelf Lands Act (43 U.S.C. 1335) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Review of Bond and Surety Amounts- Not later than May 1, 2011, and every 5 years thereafter, the Secretary shall--CommentsClose CommentsPermalink





‘(1) review the minimum financial responsibility requirements for mineral leases under subsection (a)(11); andCommentsClose CommentsPermalink





‘(2) adjust for inflation based on the Consumer Price Index for all Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, and recommend to Congress any further changes to existing financial responsibility requirements necessary to permit lessees to fulfill all obligations under this Act or the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.).CommentsClose CommentsPermalink





‘(g) Periodic Fiscal Reviews and Reports-CommentsClose CommentsPermalink





‘(1) ROYALTY RATES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 1 year after the date of enactment of this subsection and every 4 years thereafter, the Secretary shall carry out a review of, and prepare a report that describes--CommentsClose CommentsPermalink





‘(i) the royalty and rental rates included in new offshore oil and gas leases and the rationale for the rates;CommentsClose CommentsPermalink





‘(ii) whether, in the view of the Secretary, the royalty and rental rates described in subparagraph (A) would yield a fair return to the public while promoting the production of oil and gas resources in a timely manner; andCommentsClose CommentsPermalink





‘(iii) whether, based on the review, the Secretary intends to modify the royalty or rental rates.CommentsClose CommentsPermalink





‘(B) PUBLIC PARTICIPATION- In carrying out a review and preparing a report under subparagraph (A), the Secretary shall provide to the public an opportunity to participate.CommentsClose CommentsPermalink





‘(2) COMPARATIVE REVIEW OF FISCAL SYSTEM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 1 year after the date of enactment of this subsection and every 4 years thereafter, the Secretary in consultation with the Secretary of the Treasury, shall carry out a comprehensive review of all components of the Federal offshore oil and gas fiscal system, including requirements for bonus bids, rental rates, royalties, oil and gas taxes, income taxes and other significant financial elements, and oil and gas fees.CommentsClose CommentsPermalink





‘(B) INCLUSIONS- The review shall include--CommentsClose CommentsPermalink





‘(i) information and analyses comparing the offshore bonus bids, rents, royalties, taxes, and fees of the Federal Government to the offshore bonus bids, rents, royalties, taxes, and fees of other resource owners (including States and foreign countries); andCommentsClose CommentsPermalink





‘(ii) an assessment of the overall offshore oil and gas fiscal system in the United States, as compared to foreign countries.CommentsClose CommentsPermalink





‘(C) INDEPENDENT ADVISORY COMMITTEE- In carrying out a review under this paragraph, the Secretary shall convene and seek the advice of an independent advisory committee comprised of oil and gas and fiscal experts from States, Indian tribes, academia, the energy industry, and appropriate nongovernmental organizations.CommentsClose CommentsPermalink





‘(D) REPORT- The Secretary shall prepare a report that contains--CommentsClose CommentsPermalink





‘(i) the contents and results of the review carried out under this paragraph for the period covered by the report; andCommentsClose CommentsPermalink





‘(ii) any recommendations of the Secretary and the Secretary of the Treasury based on the contents and results of the review.CommentsClose CommentsPermalink





‘(E) COMBINED REPORT- The Secretary may combine the reports required by paragraphs (1) and (2)(D) into 1 report.CommentsClose CommentsPermalink





‘(3) REPORT DEADLINE- Not later than 30 days after the date on which the Secretary completes each report under this subsection, the Secretary shall submit copies of the report to--CommentsClose CommentsPermalink





‘(A) the Committee on Energy and Natural Resources of the Senate;CommentsClose CommentsPermalink





‘(B) the Committee on Finance of the Senate;CommentsClose CommentsPermalink





‘(C) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





‘(D) the Committee on Ways and Means of the House of Representatives.’.CommentsClose CommentsPermalink





(d) Leases, Easements, and Rights-of-Way- Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Disqualification From Bidding- No bid for a lease may be submitted by any entity that the Secretary finds, after prior public notice and opportunity for a hearing--CommentsClose CommentsPermalink





‘(1) is not meeting due diligence, safety, or environmental requirements on other leases; orCommentsClose CommentsPermalink





‘(2)(A) is a responsible party for a vessel or a facility from which oil is discharged, for purposes of section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702); andCommentsClose CommentsPermalink





‘(B) has failed to meet the obligations of the responsible party under that Act to provide compensation for covered removal costs and damages.’.CommentsClose CommentsPermalink





(e) Exploration Plans- Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended--CommentsClose CommentsPermalink





(1) in subsection (c)--CommentsClose CommentsPermalink





(A) in the fourth sentence of paragraph (1), by striking ‘within thirty days of its submission’ and inserting ‘by the deadline described in paragraph (5)’;CommentsClose CommentsPermalink





(B) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) MINIMUM REQUIREMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- An exploration plan submitted under this subsection shall include, in such degree of detail as the Secretary by regulation may require--CommentsClose CommentsPermalink





‘(i) a complete description and schedule of the exploration activities to be undertaken;CommentsClose CommentsPermalink





‘(ii) a description of the equipment to be used for the exploration activities, including--CommentsClose CommentsPermalink





‘(I) a description of the drilling unit;CommentsClose CommentsPermalink





‘(II) a statement of the design and condition of major safety-related pieces of equipment;CommentsClose CommentsPermalink





‘(III) a description of any new technology to be used; andCommentsClose CommentsPermalink





‘(IV) a statement demonstrating that the equipment to be used meets the best available technology requirements under section 21(b);CommentsClose CommentsPermalink





‘(iii) a map showing the location of each well to be drilled;CommentsClose CommentsPermalink





‘(iv)(I) a scenario for the potential blowout of the well involving the highest expected volume of liquid hydrocarbons; andCommentsClose CommentsPermalink





‘(II) a complete description of a response plan to control the blowout and manage the accompanying discharge of hydrocarbons, including--CommentsClose CommentsPermalink





‘(aa) the technology and timeline for regaining control of the well; andCommentsClose CommentsPermalink





‘(bb) the strategy, organization, and resources to be used to avoid harm to the environment and human health from hydrocarbons; andCommentsClose CommentsPermalink





‘(v) any other information determined to be relevant by the Secretary.CommentsClose CommentsPermalink





‘(B) DEEPWATER WELLS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Before conducting exploration activities in water depths greater than 500 feet, the holder of a lease shall submit to the Secretary for approval a deepwater operations plan prepared by the lessee in accordance with this subparagraph.CommentsClose CommentsPermalink





‘(ii) TECHNOLOGY REQUIREMENTS- A deepwater operations plan under this subparagraph shall be based on the best available technology to ensure safety in carrying out the exploration activity and the blowout response plan.CommentsClose CommentsPermalink





‘(iii) SYSTEMS ANALYSIS REQUIRED- The Secretary shall not approve a deepwater operations plan under this subparagraph unless the plan includes a technical systems analysis of--CommentsClose CommentsPermalink





‘(I) the safety of the proposed exploration activity;CommentsClose CommentsPermalink





‘(II) the blowout prevention technology; andCommentsClose CommentsPermalink





‘(III) the blowout and spill response plans.’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) DEADLINE FOR APPROVAL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In the case of a lease issued under a sale held after March 17, 2010, the deadline for approval of an exploration plan referred to in the fourth sentence of paragraph (1) is--CommentsClose CommentsPermalink





‘(i) the date that is 90 days after the date on which the plan or the modifications to the plan are submitted; orCommentsClose CommentsPermalink





‘(ii) the date that is not later than an additional 180 days after the deadline described in clause (i), if the Secretary makes a finding that additional time is necessary to complete any environmental, safety, or other reviews.CommentsClose CommentsPermalink





‘(B) EXISTING LEASES- In the case of a lease issued under a sale held on or before March 17, 2010, the Secretary, with the consent of the holder of the lease, may extend the deadline applicable to the lease for such additional time as the Secretary determines is necessary to complete any environmental, safety, or other reviews.’;CommentsClose CommentsPermalink





(2) by resdesignating subsections (e) through (h) as subsections (f) through (i), respectively; andCommentsClose CommentsPermalink





(3) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Drilling Permits-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall, by regulation, require that any lessee operating under an approved exploration plan obtain a permit--CommentsClose CommentsPermalink





‘(A) before the lessee drills a well in accordance with the plan; andCommentsClose CommentsPermalink





‘(B) before the lessee significantly modifies the well design originally approved by the Secretary.CommentsClose CommentsPermalink





‘(2) ENGINEERING REVIEW REQUIRED- The Secretary may not grant any drilling permit until the date of completion of a full review of the well system by not less than 2 agency engineers, including a written determination that--CommentsClose CommentsPermalink





‘(A) critical safety systems (including blowout prevention) will use best available technology; andCommentsClose CommentsPermalink





‘(B) blowout prevention systems will include redundancy and remote triggering capability.CommentsClose CommentsPermalink





‘(3) MODIFICATION REVIEW REQUIRED- The Secretary may not approve any modification of a permit without a determination, after an additional engineering review, that the modification will not compromise the safety of the well system previously approved.CommentsClose CommentsPermalink





‘(4) OPERATOR SAFETY AND ENVIRONMENTAL MANAGEMENT REQUIRED- The Secretary may not grant any drilling permit or modification of the permit until the date of completion and approval of a safety and environmental management plan that--CommentsClose CommentsPermalink





‘(A) is to be used by the operator during all well operations; andCommentsClose CommentsPermalink





‘(B) includes--CommentsClose CommentsPermalink





‘(i) a description of the expertise and experience level of crew members who will be present on the rig; andCommentsClose CommentsPermalink





‘(ii) designation of at least 2 environmental and safety managers that--CommentsClose CommentsPermalink





‘(I) are employees of the operator;CommentsClose CommentsPermalink





‘(II) would be present on the rig at all times; andCommentsClose CommentsPermalink





‘(III) have overall responsibility for the safety and environmental management of the well system and spill response plan; andCommentsClose CommentsPermalink





‘(C) not later than May 1, 2012, requires that all employees on the rig meet the training and experience requirements under section 21(b)(4).CommentsClose CommentsPermalink





‘(e) Disapproval of Exploration Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall disapprove an exploration plan submitted under this section if the Secretary determines that, because of exceptional geological conditions in the lease areas, exceptional resource values in the marine or coastal environment, or other exceptional circumstances, that--CommentsClose CommentsPermalink





‘(A) implementation of the exploration plan would probably cause serious harm or damage to life (including fish and other aquatic life), property, mineral deposits, national security or defense, or the marine, coastal or human environments;CommentsClose CommentsPermalink





‘(B) the threat of harm or damage would not disappear or decrease to an acceptable extent within a reasonable period of time; andCommentsClose CommentsPermalink





‘(C) the advantages of disapproving the exploration plan outweigh the advantages of exploration.CommentsClose CommentsPermalink





‘(2) COMPENSATION- If an exploration plan is disapproved under this subsection, the provisions of subparagraphs (B) and (C) of section 25(h)(2) shall apply to the lease and the plan or any modified plan, except that the reference in section 25(h)(2)(C) to a development and production plan shall be considered to be a reference to an exploration plan.’.CommentsClose CommentsPermalink





(f) Outer Continental Shelf Leasing Program- Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in the second sentence, by inserting after ‘national energy needs’ the following: ‘and the need for the protection of the marine and coastal environment and resources’;CommentsClose CommentsPermalink





(B) in paragraph (1), by striking ‘considers’ and inserting ‘gives equal consideration to’; andCommentsClose CommentsPermalink





(C) in paragraph (3), by striking ‘, to the maximum extent practicable,’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in paragraph (4), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) provide technical review and oversight of the exploration plan and a systems review of the safety of the well design and other operational decisions;CommentsClose CommentsPermalink





‘(6) conduct regular and thorough safety reviews and inspections, and;CommentsClose CommentsPermalink





‘(7) enforce all applicable laws (including regulations).’;CommentsClose CommentsPermalink





(3) in the second sentence of subsection (d)(2), by inserting ‘, the head of an interested Federal agency,’ after ‘Attorney General’;CommentsClose CommentsPermalink





(4) in the first sentence of subsection (g), by inserting before the period at the end the following: ‘, including existing inventories and mapping of marine resources previously undertaken by the Department of the Interior and the National Oceanic and Atmospheric Administration, information provided by the Department of Defense, and other available data regarding energy or mineral resource potential, navigation uses, fisheries, aquaculture uses, recreational uses, habitat, conservation, and military uses on the outer Continental Shelf’; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Research and Development-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall carry out a program of research and development to ensure the continued improvement of methodologies for characterizing resources of the outer Continental Shelf and conditions that may affect the ability to develop and use those resources in a safe, sound, and environmentally responsible manner.CommentsClose CommentsPermalink





‘(2) INCLUSIONS- Research and development activities carried out under paragraph (1) may include activities to provide accurate estimates of energy and mineral reserves and potential on the outer Continental Shelf and any activities that may assist in filling gaps in environmental data needed to develop each leasing program under this section.CommentsClose CommentsPermalink





‘(3) LEASING ACTIVITIES- Research and development activities carried out under paragraph (1) shall not be considered to be leasing or pre-leasing activities for purposes of this Act.’.CommentsClose CommentsPermalink





(g) Environmental Studies- Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (a) through (f) as subsections (b) through (g), respectively;CommentsClose CommentsPermalink





(2) by inserting before subsection (b) (as so redesignated) the following:CommentsClose CommentsPermalink





‘(a) Comprehensive and Independent Studies-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall develop and carry out programs for the collection, evaluation, assembly, analysis, and dissemination of environmental and other resource data that are relevant to carrying out the purposes of this Act.CommentsClose CommentsPermalink





‘(2) SCOPE OF RESEARCH- The programs under this subsection shall include--CommentsClose CommentsPermalink





‘(A) the gathering of baseline data in areas before energy or mineral resource development activities occur;CommentsClose CommentsPermalink





‘(B) ecosystem research and monitoring studies to support integrated resource management decisions; andCommentsClose CommentsPermalink





‘(C) the improvement of scientific understanding of the fate, transport, and effects of discharges and spilled materials, including deep water hydrocarbon spills, in the marine environment.CommentsClose CommentsPermalink





‘(3) USE OF DATA- The Secretary shall ensure that information from the studies carried out under this section--CommentsClose CommentsPermalink





‘(A) informs the management of energy and mineral resources on the outer Continental Shelf including any areas under consideration for oil and gas leasing; andCommentsClose CommentsPermalink





‘(B) contributes to a broader coordination of energy and mineral resource development activities within the context of best available science.CommentsClose CommentsPermalink





‘(4) INDEPENDENCE- The Secretary shall create a program within the appropriate bureau established under section 32 that shall--CommentsClose CommentsPermalink





‘(A) be programmatically separate and distinct from the leasing program;CommentsClose CommentsPermalink





‘(B) carry out the environmental studies under this section;CommentsClose CommentsPermalink





‘(C) conduct additional environmental studies relevant to the sound management of energy and mineral resources on the outer Continental Shelf;CommentsClose CommentsPermalink





‘(D) provide for external scientific review of studies under this section, including through appropriate arrangements with the National Academy of Sciences; andCommentsClose CommentsPermalink





‘(E) subject to the restrictions of subsections (g) and (h) of section 18, make available to the public studies conducted and data gathered under this section.’; andCommentsClose CommentsPermalink





(3) in the first sentence of subsection (b)(1) (as so redesignated), by inserting ‘every 3 years’ after ‘shall conduct’.CommentsClose CommentsPermalink





(h) Safety Research and Regulations- Section 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 1347) is amended--CommentsClose CommentsPermalink





(1) in the first sentence of subsection (a), by striking ‘Upon the date of enactment of this section,’ and inserting ‘Not later than May 1, 2011, and every 3 years thereafter,’;CommentsClose CommentsPermalink





(2) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Best Available Technologies and Practices-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In exercising respective responsibilities under this Act, the Secretary, and the Secretary of the Department in which the Coast Guard is operating, shall require, on all new drilling and production operations and, to the maximum extent practicable, on existing operations, the use of the best available and safest technologies and practices, if the failure of equipment would have a significant effect on safety, health, or the environment.CommentsClose CommentsPermalink





‘(2) IDENTIFICATION OF BEST AVAILABLE TECHNOLOGIES- Not later than May 1, 2011, and not later than every 3 years thereafter, the Secretary shall identify and publish an updated list of best available technologies for key areas of well design and operation, including blowout prevention and blowout and oil spill response.CommentsClose CommentsPermalink





‘(3) SAFETY CASE- Not later than May 1, 2011, the Secretary shall promulgate regulations requiring a safety case be submitted along with each new application for a permit to drill on the outer Continental Shelf.CommentsClose CommentsPermalink





‘(4) EMPLOYEE TRAINING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than May 1, 2011, the Secretary shall promulgate regulations setting standards for training for all workers on offshore facilities (including mobile offshore drilling units) conducting energy and mineral resource exploration, development, and production operations on the outer Continental Shelf.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- The training standards under this paragraph shall require that employers of workers described in subparagraph (A)--CommentsClose CommentsPermalink





‘(i) establish training programs approved by the Secretary; andCommentsClose CommentsPermalink





‘(ii) demonstrate that employees involved in the offshore operations meet standards that demonstrate the aptitude of the employees in critical technical skills.CommentsClose CommentsPermalink





‘(C) EXPERIENCE- The training standards under this section shall require that any offshore worker with less than 5 years of applied experience in offshore facilities operations pass a certification requirement after receiving the appropriate training.CommentsClose CommentsPermalink





‘(D) MONITORING TRAINING COURSES- The Secretary shall ensure that Department employees responsible for inspecting offshore facilities monitor, observe, and report on training courses established under this paragraph, including attending a representative number of the training sessions, as determined by the Secretary.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Technology Research and Risk Assessment Program-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall carry out a program of research, development, and risk assessment to address technology and development issues associated with outer Continental Shelf energy and mineral resource activities, with the primary purpose of informing the role of research, development, and risk assessment relating to safety, environmental protection, and spill response.CommentsClose CommentsPermalink





‘(2) SPECIFIC AREAS OF FOCUS- The program under this subsection shall include research, development, and other activities related to--CommentsClose CommentsPermalink





‘(A) risk assessment, using all available data from safety and compliance records both within the United States and internationally;CommentsClose CommentsPermalink





‘(B) analysis of industry trends in technology, investment, and interest in frontier areas;CommentsClose CommentsPermalink





‘(C) analysis of incidents investigated under section 22;CommentsClose CommentsPermalink





‘(D) reviews of best available technologies, including technologies associated with pipelines, blowout preventer mechanisms, casing, well design, and other associated infrastructure related to offshore energy development;CommentsClose CommentsPermalink





‘(E) oil spill response and mitigation;CommentsClose CommentsPermalink





‘(F) risks associated with human factors; andCommentsClose CommentsPermalink





‘(G) renewable energy operations.CommentsClose CommentsPermalink





‘(3) INFORMATION SHARING ACTIVITIES-CommentsClose CommentsPermalink





‘(A) DOMESTIC ACTIVITIES- The Secretary shall carry out programs to facilitate the exchange and dissemination of scientific and technical information and best practices related to the management of safety and environmental issues associated with energy and mineral resource exploration, development, and production.CommentsClose CommentsPermalink





‘(B) INTERNATIONAL COOPERATION- The Secretary shall carry out programs to cooperate with international organizations and foreign governments to share information and best practices related to the management of safety and environmental issues associated with energy and mineral resource exploration, development, and production.CommentsClose CommentsPermalink





‘(4) REPORTS- The program under this subsection shall provide to the Secretary, each Bureau Director under section 32, and the public quarterly reports that address--CommentsClose CommentsPermalink





‘(A) developments in each of the areas under paragraph (2); andCommentsClose CommentsPermalink





‘(B)(i) any accidents that have occurred in the past quarter; andCommentsClose CommentsPermalink





‘(ii) appropriate responses to the accidents.CommentsClose CommentsPermalink





‘(5) INDEPENDENCE- The Secretary shall create a program within the appropriate bureau established under section 32 that shall--CommentsClose CommentsPermalink





‘(A) be programmatically separate and distinct from the leasing program;CommentsClose CommentsPermalink





‘(B) carry out the studies, analyses, and other activities under this subsection;CommentsClose CommentsPermalink





‘(C) provide for external scientific review of studies under this section, including through appropriate arrangements with the National Academy of Sciences; andCommentsClose CommentsPermalink





‘(D) make available to the public studies conducted and data gathered under this section.CommentsClose CommentsPermalink





‘(6) USE OF DATA- The Secretary shall ensure that the information from the studies and research carried out under this section inform the development of safety practices and regulations as required by this Act and other applicable laws.’.CommentsClose CommentsPermalink





(i) Enforcement- Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 1348) is amended--CommentsClose CommentsPermalink





(1) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the first sentence, by inserting ‘, each loss of well control, blowout, activation of the blowout preventer, and other accident that presented a serious risk to human or environmental safety,’ after ‘fire’; andCommentsClose CommentsPermalink





(ii) in the last sentence, by inserting ‘as a condition of the lease’ before the period at the end;CommentsClose CommentsPermalink





(B) in the last sentence of paragraph (2), by inserting ‘as a condition of lease’ before the period at the end;CommentsClose CommentsPermalink





(2) in subsection (e)--CommentsClose CommentsPermalink





(A) by striking ‘(e) The’ and inserting the following:CommentsClose CommentsPermalink





‘(e) Review of Alleged Safety Violations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) INVESTIGATION- The Secretary shall investigate any allegation from any employee of the lessee or any subcontractor of the lessee made under paragraph (1).’; andCommentsClose CommentsPermalink





(3) by adding at the end of the section the following:CommentsClose CommentsPermalink





‘(g) Independent Investigation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- At the request of the Secretary, the National Transportation Safety Board may conduct an independent investigation of any accident, occurring in the outer Continental Shelf and involving activities under this Act, that does not otherwise fall within the definition of an accident or major marine casualty, as those terms are used in chapter 11 of title 49, United States Code.CommentsClose CommentsPermalink





‘(2) TRANSPORTATION ACCIDENT- For purposes of an investigation under this subsection, the accident that is the subject of the request by the Secretary shall be determined to be a transportation accident within the meaning of that term in chapter 11 of title 49, United States Code.CommentsClose CommentsPermalink





‘(h) Information on Causes and Corrective Actions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For each incident investigated under this section, the Secretary shall promptly make available to all lessees and the public technical information about the causes and corrective actions taken.CommentsClose CommentsPermalink





‘(2) PUBLIC DATABASE- All data and reports related to an incident described in paragraph (1) shall be maintained in a database that is available to the public.CommentsClose CommentsPermalink





‘(i) Inspection Fee-CommentsClose CommentsPermalink





‘(1) IN GENERAL- To the extent necessary to fund the inspections described in this paragraph, the Secretary shall collect a non-refundable inspection fee, which shall be deposited in the Ocean Energy Enforcement Fund established under paragraph (3), from the designated operator for facilities subject to inspection under subsection (c).CommentsClose CommentsPermalink





‘(2) ESTABLISHMENT- The Secretary shall establish, by rule, inspection fees--CommentsClose CommentsPermalink





‘(A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Department of the Interior; andCommentsClose CommentsPermalink





‘(B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected.CommentsClose CommentsPermalink





‘(3) OCEAN ENERGY ENFORCEMENT FUND- There is established in the Treasury a fund, to be known as the ‘Ocean Energy Enforcement Fund’ (referred to in this subsection as the ‘Fund’), into which shall be deposited amounts collected under paragraph (1) and which shall be available as provided under paragraph (4).CommentsClose CommentsPermalink





‘(4) AVAILABILITY OF FEES- Notwithstanding section 3302 of title 31, United States Code, all amounts collected by the Secretary under this section--CommentsClose CommentsPermalink





‘(A) shall be credited as offsetting collections;CommentsClose CommentsPermalink





‘(B) shall be available for expenditure only for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program;CommentsClose CommentsPermalink





‘(C) shall be available only to the extent provided for in advance in an appropriations Act; andCommentsClose CommentsPermalink





‘(D) shall remain available until expended.CommentsClose CommentsPermalink





‘(5) ANNUAL REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 60 days after the end of each fiscal year beginning with fiscal year 2011, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year.CommentsClose CommentsPermalink





‘(B) CONTENTS- Each report shall include, for the fiscal year covered by the report, the following:CommentsClose CommentsPermalink





‘(i) A statement of the amounts deposited into the Fund.CommentsClose CommentsPermalink





‘(ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.CommentsClose CommentsPermalink





‘(iii) Recommendations for additional authorities to fulfill the purpose of the Fund.CommentsClose CommentsPermalink





‘(iv) A statement of the balance remaining in the Fund at the end of the fiscal year.’.CommentsClose CommentsPermalink





(j) Remedies and Penalties- Section 24 of the Outer Continental Shelf Lands Act (43 U.S.C. 1350) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Civil Penalty-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraphs (2) through (3), if any person fails to comply with this Act, any term of a lease or permit issued under this Act, or any regulation or order issued under this Act, the person shall be liable for a civil administrative penalty of not more than $75,000 for each day of continuance of each failure.CommentsClose CommentsPermalink





‘(2) ADMINISTRATION- The Secretary may assess, collect, and compromise any penalty under paragraph (1).CommentsClose CommentsPermalink





‘(3) HEARING- No penalty shall be assessed under this subsection until the person charged with a violation has been given the opportunity for a hearing.CommentsClose CommentsPermalink





‘(4) ADJUSTMENT- The penalty amount specified in this subsection shall increase each year to reflect any increases in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.’;CommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘$100,000’ and inserting ‘$10,000,000’; andCommentsClose CommentsPermalink





(B) by adding at the end the following: ‘The penalty amount specified in this subsection shall increase each year to reflect any increases in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.’; andCommentsClose CommentsPermalink





(3) in subsection (d), by inserting ‘, or with reckless disregard,’ after ‘knowingly and willfully’.CommentsClose CommentsPermalink





(k) Oil and Gas Development and Production- Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended by striking ‘, other than the Gulf of Mexico,’ each place it appears in subsections (a)(1), (b), and (e)(1).CommentsClose CommentsPermalink





(l) Conflicts of Interest- Section 29 of the Outer Continental Shelf Lands Act (43 U.S.C. 1355) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 29. CONFLICTS OF INTEREST.

‘(a) Restrictions on Employment- No full-time officer or employee of the Department of the Interior who directly or indirectly discharges duties or responsibilities under this Act shall--CommentsClose CommentsPermalink





‘(1) within 2 years after his employment with the Department has ceased--CommentsClose CommentsPermalink





‘(A) knowingly act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before;CommentsClose CommentsPermalink





‘(B) with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to; orCommentsClose CommentsPermalink





‘(C) knowingly aid, advise, or assist in--CommentsClose CommentsPermalink





‘(i) representing any other person (except the United States) in any formal or informal appearance before; orCommentsClose CommentsPermalink





‘(ii) making, with the intent to influence, any oral or written communication on behalf of any other person (except the United States) to,CommentsClose CommentsPermalink





any department, agency, or court of the United States, or any officer or employee thereof, in connection with any judicial or other proceeding, application, request for a ruling or other determination, regulation, order lease, permit, rulemaking, inspection, enforcement action, or other particular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest which was actually pending under his official responsibility as an officer or employee within a period of one year prior to the termination of such responsibility or in which he participated personally and substantially as an officer or employee;CommentsClose CommentsPermalink





‘(2) within 1 year after his employment with the Department has ceased--CommentsClose CommentsPermalink





‘(A) knowingly act as agent or attorney for, or otherwise represent, any other person (except the United States) in any formal or informal appearance before;CommentsClose CommentsPermalink





‘(B) with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to; orCommentsClose CommentsPermalink





‘(C) knowingly aid , advise, or assist in --CommentsClose CommentsPermalink





‘(i) representing any other person (except the United States) in any formal or informal appearance before, orCommentsClose CommentsPermalink





‘(ii) making, with the intent to influence, any oral or written communication on behalf of any other person (except the United States) to,CommentsClose CommentsPermalink





the Department of the Interior, or any officer or employee thereof, in connection with any judicial, rulemaking, regulation, order, lease, permit, regulation, inspection, enforcement action, or other particular matter which is pending before the Department of the Interior or in which the Department has a direct and substantial interest; orCommentsClose CommentsPermalink





‘(3) accept employment or compensation, during the 1-year period beginning on the date on which employment with the Department has ceased, from any person (other than the United States) that has a direct and substantial interest--CommentsClose CommentsPermalink





‘(A) that was pending under the official responsibility of the employee as an officer or employee of the Department during the 1-year period preceding the termination of the responsibility; orCommentsClose CommentsPermalink





‘(B) in which the employee participated personally and substantially as an officer or employee.CommentsClose CommentsPermalink





‘(b) Prior Employment Relationships- No full-time officer or employee of the Department of the Interior who directly or indirectly discharges duties or responsibilities under this Act shall participate personally and substantially as a Federal officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, inspection, enforcement action, or other particular matter in which, to the knowledge of the officer or employee--CommentsClose CommentsPermalink





‘(1) the officer or employee or the spouse, minor child, or general partner of the officer or employee has a financial interest;CommentsClose CommentsPermalink





‘(2) any organization in which the officer or employee is serving as an officer, director, trustee, general partner, or employee has a financial interest;CommentsClose CommentsPermalink





‘(3) any person or organization with whom the officer or employee is negotiating or has any arrangement concerning prospective employment has a financial interest; orCommentsClose CommentsPermalink





‘(4) any person or organization in which the officer or employee has, within the preceding 1-year period, served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee has a financial interest.CommentsClose CommentsPermalink





‘(c) Gifts From Outside Sources- No full-time officer or employee of the Department of the Interior who directly or indirectly discharges duties or responsibilities under this Act shall, directly or indirectly, solicit or accept any gift in violation of subpart B of part 2635 of title V, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink





‘(d) Exemptions- The Secretary may, by rule, exempt from this section clerical and support personnel who do not conduct inspections, perform audits, or otherwise exercise regulatory or policy making authority under this Act.CommentsClose CommentsPermalink





‘(e) Penalties-CommentsClose CommentsPermalink





‘(1) CRIMINAL PENALTIES- Any person who violates paragraph (1) or (2) of subsection (a) or subsection (b) shall be punished in accordance with section 216 of title 18, United States Code.CommentsClose CommentsPermalink





‘(2) CIVIL PENALTIES- Any person who violates subsection (a)(3) or (c) shall be punished in accordance with subsection (b) of section 216 of title 18, United States Code.’.CommentsClose CommentsPermalink

SEC. 7. STUDY ON THE EFFECT OF THE MORATORIA ON NEW DEEPWATER DRILLING IN THE GULF OF MEXICO ON EMPLOYMENT AND SMALL BUSINESSES.

(a) In General- The Secretary of Energy, acting through the Energy Information Administration, shall publish a monthly study evaluating the effect of the moratoria resulting from the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment, on employment and small businesses.CommentsClose CommentsPermalink





(b) Report- Not later than 60 days after the date of enactment of this Act and at the beginning of each month thereafter during the effective period of the moratoria described in subsection (a), the Secretary of Energy, acting through the Energy Information Administration, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the results of the study conducted under subsection (a), including--CommentsClose CommentsPermalink





(1) a survey of the effect of the moratoria on deepwater drilling on employment in the industries directly involved in oil and natural gas exploration in the outer Continental Shelf;CommentsClose CommentsPermalink





(2) a survey of the effect of the moratoria on employment in the industries indirectly involved in oil and natural gas exploration in the outer Continental Shelf, including suppliers of supplies or services and customers of industries directly involved in oil and natural gas exploration;CommentsClose CommentsPermalink





(3) an estimate of the effect of the moratoria on the revenues of small business located near the Gulf of Mexico and, to the maximum extent practicable, throughout the United States; andCommentsClose CommentsPermalink





(4) any recommendations to mitigate possible negative effects on small business concerns resulting from the moratoria.CommentsClose CommentsPermalink

SEC. 8. REFORM OF OTHER LAW.

Section 388(b) of the Energy Policy Act of 2005 (43 U.S.C. 1337 note; Public Law 109-58) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) FEDERAL AGENCIES- Any head of a Federal department or agency shall, on request of the Secretary, provide to the Secretary all data and information that the Secretary determines to be necessary for the purpose of including the data and information in the mapping initiative, except that no Federal department or agency shall be required to provide any data or information that is privileged or proprietary.’.CommentsClose CommentsPermalink

SEC. 9. SAFER OIL AND GAS PRODUCTION.

(a) Program Authority- Section 999A of the Energy Policy Act of 2005 (42 U.S.C. 16371) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘ultra-deepwater’ and inserting ‘deepwater’; andCommentsClose CommentsPermalink





(B) by inserting ‘well control and accident prevention,’ after ‘safe operations,’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) Deepwater architecture, well control and accident prevention, and deepwater technology, including drilling to deep formations in waters greater than 500 feet.’; andCommentsClose CommentsPermalink





(B) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(4) Safety technology research and development for drilling activities aimed at well control and accident prevention performed by the Office of Fossil Energy of the Department.’; andCommentsClose CommentsPermalink





(3) in subsection (d)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘National Energy Technology Laboratory’ and inserting ‘Office of Fossil Energy of the Department’; andCommentsClose CommentsPermalink





(B) by striking ‘National Energy Technology Laboratory’ and inserting ‘Office of Fossil Energy of the Department’.CommentsClose CommentsPermalink





(b) Deepwater and Unconventional Onshore Natural Gas and Other Petroleum Research and Development Program- Section 999B of the Energy Policy Act of 2005 (42 U.S.C. 16372) is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘ultra-deepwater and unconventional onshore natural gas and other petroleum’ and inserting ‘safe oil and gas production and accident prevention’;CommentsClose CommentsPermalink





(2) in subsection (a), by striking ‘, by increasing’ and all that follows through the period at the end and inserting ‘and the safe and environmentally responsible exploration, development, and production of hydrocarbon resources.’;CommentsClose CommentsPermalink





(3) in subsection (c)(1)--CommentsClose CommentsPermalink





(A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; andCommentsClose CommentsPermalink





(B) by inserting after subparagraph (C) the following:CommentsClose CommentsPermalink





‘(D) projects will be selected on a competitive, peer-reviewed basis.’; andCommentsClose CommentsPermalink





(4) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (6), by striking ‘ultra-deepwater’ and inserting ‘deepwater’;CommentsClose CommentsPermalink





(B) in paragraph (7)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in the subparagraph heading, by striking ‘ULTRA-DEEPWATER’ and inserting ‘DEEPWATER’;CommentsClose CommentsPermalink





(II) by striking ‘development and’ and inserting ‘research, development, and’; andCommentsClose CommentsPermalink





(III) by striking ‘as well as’ and all that follows through the period at the end and inserting ‘aimed at improving operational safety of drilling activities, including well integrity systems, well control, blowout prevention, the use of non-toxic materials, and integrated systems approach-based management for exploration and production in deepwater.’;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘and environmental mitigation’ and inserting ‘use of non-toxic materials, drilling safety, and environmental mitigation and accident prevention’;CommentsClose CommentsPermalink





(iii) in subparagraph (C), by inserting ‘safety and accident prevention, well control and systems integrity,’ after ‘including’; andCommentsClose CommentsPermalink





(iv) by adding at the end the following:CommentsClose CommentsPermalink





‘(D) SAFETY AND ACCIDENT PREVENTION TECHNOLOGY RESEARCH AND DEVELOPMENT- Awards from allocations under section 999H(d)(4) shall be expended on areas including--CommentsClose CommentsPermalink





‘(i) development of improved cementing and casing technologies;CommentsClose CommentsPermalink





‘(ii) best management practices for cementing, casing, and other well control activities and technologies;CommentsClose CommentsPermalink





‘(iii) development of integrity and stewardship guidelines for--CommentsClose CommentsPermalink





‘(I) well-plugging and abandonment;CommentsClose CommentsPermalink





‘(II) development of wellbore sealant technologies; andCommentsClose CommentsPermalink





‘(III) improvement and standardization of blowout prevention devices.’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) STUDY; REPORT-CommentsClose CommentsPermalink





‘(A) STUDY- As soon as practicable after the date of enactment of this paragraph, the Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study to determine--CommentsClose CommentsPermalink





‘(i) whether the benefits provided through each award under this subsection during calendar year 2011 have been maximized; andCommentsClose CommentsPermalink





‘(ii) the new areas of research that could be carried out to meet the overall objectives of the program.CommentsClose CommentsPermalink





‘(B) REPORT- Not later than January 1, 2012, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under subparagraph (A).CommentsClose CommentsPermalink





‘(C) OPTIONAL UPDATES- The Secretary may update the report described in subparagraph (B) for the 5-year period beginning on the date described in that subparagraph and each 5-year period thereafter.’;CommentsClose CommentsPermalink





(5) in subsection (e)--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in the second sentence of subparagraph (A), by inserting ‘to the Secretary for review’ after ‘submit’; andCommentsClose CommentsPermalink





(ii) in the first sentence of subparagraph (B), by striking ‘Ultra-Deepwater’ and all that follows through ‘and such Advisory Committees’ and inserting ‘Program Advisory Committee established under section 999D(a), and the Advisory Committee’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) RESEARCH FINDINGS AND RECOMMENDATIONS FOR IMPLEMENTATION- The Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall publish in the Federal Register an annual report on the research findings of the program carried out under this section and any recommendations for implementation that the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, determines to be necessary.’;CommentsClose CommentsPermalink





(6) in subsection (i)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘United States Geological Survey’ and inserting ‘Department of the Interior’; andCommentsClose CommentsPermalink





(B) by striking ‘, through the United States Geological Survey,’; andCommentsClose CommentsPermalink





(7) in the first sentence of subsection (j), by striking ‘National Energy Technology Laboratory’ and inserting ‘Office of Fossil Energy of the Department’.CommentsClose CommentsPermalink





(c) Additional Requirements for Awards- Section 999C(b) of the Energy Policy Act of 2005 (42 U.S.C. 16373(b)) is amended by striking ‘an ultra-deepwater technology or an ultra-deepwater architecture’ and inserting ‘a deepwater technology’.CommentsClose CommentsPermalink





(d) Program Advisory Committee- Section 999D of the Energy Policy Act of 2005 (42 U.S.C. 16374) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 999D. PROGRAM ADVISORY COMMITTEE.

‘(a) Establishment- Not later than 270 days after the date of enactment of the Safe and Responsible Energy Production Improvement Act of 2010, the Secretary shall establish an advisory committee to be known as the ‘Program Advisory Committee’ (referred to in this section as the ‘Advisory Committee’).CommentsClose CommentsPermalink





‘(b) Membership-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Advisory Committee shall be composed of members appointed by the Secretary, including--CommentsClose CommentsPermalink





‘(A) individuals with extensive research experience or operational knowledge of hydrocarbon exploration and production;CommentsClose CommentsPermalink





‘(B) individuals broadly representative of the affected interests in hydrocarbon production, including interests in environmental protection and safety operations;CommentsClose CommentsPermalink





‘(C) representatives of Federal agencies, including the Environmental Protection Agency and the Department of the Interior;CommentsClose CommentsPermalink





‘(D) State regulatory agency representatives; andCommentsClose CommentsPermalink





‘(E) other individuals, as determined by the Secretary.CommentsClose CommentsPermalink





‘(2) LIMITATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Advisory Committee shall not include individuals who are board members, officers, or employees of the program consortium.CommentsClose CommentsPermalink





‘(B) CATEGORICAL REPRESENTATION- In appointing members of the Advisory Committee, the Secretary shall ensure that no class of individuals described in any of subparagraphs (A), (B), (D), or (E) of paragraph (1) comprises more than 1/3 of the membership of the Advisory Committee.CommentsClose CommentsPermalink





‘(c) Subcommittees- The Advisory Committee may establish subcommittees for separate research programs carried out under this subtitle.CommentsClose CommentsPermalink





‘(d) Duties- The Advisory Committee shall--CommentsClose CommentsPermalink





‘(1) advise the Secretary on the development and implementation of programs under this subtitle; andCommentsClose CommentsPermalink





‘(2) carry out section 999B(e)(2)(B).CommentsClose CommentsPermalink





‘(e) Compensation- A member of the Advisory Committee shall serve without compensation but shall be entitled to receive travel expenses in accordance with subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





‘(f) Prohibition- The Advisory Committee shall not make recommendations on funding awards to particular consortia or other entities, or for specific projects.’.CommentsClose CommentsPermalink





(e) Definitions- Section 999G of the Energy Policy Act of 2005 (42 U.S.C. 16377) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘200 but less than 1,500 meters’ and inserting ‘500 feet’;CommentsClose CommentsPermalink





(2) by striking paragraphs (8), (9), and (10);CommentsClose CommentsPermalink





(3) by redesignating paragraphs (2) through (7) and (11) as paragraphs (4) through (9) and (10), respectively;CommentsClose CommentsPermalink





(4) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) DEEPWATER ARCHITECTURE- The term ‘deepwater architecture’ means the integration of technologies for the exploration for, or production of, natural gas or other petroleum resources located at deepwater depths.CommentsClose CommentsPermalink





‘(3) DEEPWATER TECHNOLOGY- The term ‘deepwater technology’ means a discrete technology that is specially suited to address 1 or more challenges associated with the exploration for, or production of, natural gas or other petroleum resources located at deepwater depths.’; andCommentsClose CommentsPermalink





(5) in paragraph (10) (as redesignated by paragraph (3)), by striking ‘in an economically inaccessible geological formation, including resources of small producers’.CommentsClose CommentsPermalink





(f) Funding- Section 999H of the Energy Policy Act of 2005 (42 U.S.C. 16378) is amended--CommentsClose CommentsPermalink





(1) in the first sentence of subsection (a) by striking ‘Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund’ and inserting ‘Safe and Responsible Energy Production Research Fund’;CommentsClose CommentsPermalink





(2) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘35 percent’ and inserting ‘21.5 percent’;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘32.5 percent’ and inserting ‘21 percent’;CommentsClose CommentsPermalink





(C) in paragraph (4)--CommentsClose CommentsPermalink





(i) by striking ‘25 percent’ and inserting ‘30 percent’;CommentsClose CommentsPermalink





(ii) by striking ‘complementary research’ and inserting ‘safety technology research and development’; andCommentsClose CommentsPermalink





(iii) by striking ‘contract management,’ and all that follows through the period at the end and inserting ‘and contract management.’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) 20 percent shall be used for research activities required under sections 20 and 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346, 1347).’; andCommentsClose CommentsPermalink





(3) in subsection (f), by striking ‘Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund’ and inserting ‘Safer Oil and Gas Production and Accident Prevention Research Fund’.CommentsClose CommentsPermalink





(g) Conforming Amendment- Subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.) is amended in the subtitle heading by striking ‘Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Resources’ and inserting ‘Safer Oil and Gas Production and Accident Prevention’.CommentsClose CommentsPermalink

SEC. 10. 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’).CommentsClose CommentsPermalink





(b) Purposes- The purposes of the Commission are--CommentsClose CommentsPermalink





(1) to examine and report on the facts and causes relating to the Deepwater Horizon explosion and oil spill of 2010;CommentsClose CommentsPermalink





(2) to ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the incident;CommentsClose CommentsPermalink





(3) to build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of--CommentsClose CommentsPermalink





(A) the Committees on Energy and Natural Resources and Commerce, Science, and Transportation of the Senate;CommentsClose CommentsPermalink





(B) the Committee on Natural Resources and the Subcommittee on Oversight and Investigations of the House of Representatives; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Composition of Commission-CommentsClose CommentsPermalink





(1) MEMBERS- The Commission shall be composed of 10 members, of whom--CommentsClose CommentsPermalink





(A) 1 member shall be appointed by the President, who shall serve as Chairperson of the Commission;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) 2 members shall be appointed by the senior member of the leadership of the Senate from the Democratic Party;CommentsClose CommentsPermalink





(D) 2 members shall be appointed by the senior member of the leadership of the House of Representatives from the Republican Party;CommentsClose CommentsPermalink





(E) 2 members shall be appointed by the senior member of the leadership of the Senate from the Republican Party; andCommentsClose CommentsPermalink





(F) 2 members shall be appointed by the senior member of the leadership of the House of Representatives from the Democratic Party.CommentsClose CommentsPermalink





(2) QUALIFICATIONS; INITIAL MEETING-CommentsClose CommentsPermalink





(A) POLITICAL PARTY AFFILIATION- Not more than 5 members of the Commission shall be from the same political party.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) engineering;CommentsClose CommentsPermalink





(ii) environmental compliance;CommentsClose CommentsPermalink





(iii) health and safety law (particularly oil spill legislation);CommentsClose CommentsPermalink





(iv) oil spill insurance policies;CommentsClose CommentsPermalink





(v) public administration;CommentsClose CommentsPermalink





(vi) oil and gas exploration and production;CommentsClose CommentsPermalink





(vii) environmental cleanup; andCommentsClose CommentsPermalink





(viii) fisheries and wildlife management.CommentsClose CommentsPermalink





(D) DEADLINE FOR APPOINTMENT- All members of the Commission shall be appointed on or before September 15, 2010.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) QUORUM; VACANCIES-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) QUORUM- Six members of the Commission shall constitute a quorum.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Functions of Commission-CommentsClose CommentsPermalink





(1) IN GENERAL- The functions of the Commission are--CommentsClose CommentsPermalink





(A) to conduct an investigation that--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(ii) may include relevant facts and circumstances relating to--CommentsClose CommentsPermalink





(I) permitting agencies;CommentsClose CommentsPermalink





(II) environmental and worker safety law enforcement agencies;CommentsClose CommentsPermalink





(III) national energy requirements;CommentsClose CommentsPermalink





(IV) deepwater and ultradeepwater oil and gas exploration and development;CommentsClose CommentsPermalink





(V) regulatory specifications, testing, and requirements for offshore oil and gas well explosion prevention;CommentsClose CommentsPermalink





(VI) regulatory specifications, testing, and requirements offshore oil and gas well casing and cementing regulation;CommentsClose CommentsPermalink





(VII) the role of congressional oversight and resource allocation; andCommentsClose CommentsPermalink





(VIII) other areas of the public and private sectors determined to be relevant to the Deepwater Horizon incident by the Commission;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) RELATIONSHIP TO INQUIRY BY CONGRESSIONAL COMMITTEES- In investigating facts and circumstances relating to energy policy, the Commission shall--CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(B) after completion of that review, pursue any appropriate area of inquiry, if the Commission determines that--CommentsClose CommentsPermalink





(i) those committees have not investigated that area;CommentsClose CommentsPermalink





(ii) the investigation of that area by those committees has not been completed; orCommentsClose CommentsPermalink





(iii) new information not reviewed by the committees has become available with respect to that area.CommentsClose CommentsPermalink





(e) Powers of Commission-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) hold such hearings, meet and act at such times and places, take such testimony, receive such evidence, and administer such oaths; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





as the Commission or such subcommittee or member considers to be advisable.CommentsClose CommentsPermalink





(2) SUBPOENAS-CommentsClose CommentsPermalink





(A) ISSUANCE-CommentsClose CommentsPermalink





(i) IN GENERAL- A subpoena may be issued under this paragraph only--CommentsClose CommentsPermalink





(I) by the agreement of the Chairperson and the Vice Chairperson; orCommentsClose CommentsPermalink





(II) by the affirmative vote of 6 members of the Commission.CommentsClose CommentsPermalink





(ii) SIGNATURE- Subject to clause (i), a subpoena issued under this paragraph--CommentsClose CommentsPermalink





(I) shall bear the signature of the Chairperson or any member designated by a majority of the Commission;CommentsClose CommentsPermalink





(II) and 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.CommentsClose CommentsPermalink





(B) ENFORCEMENT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) INFORMATION FROM FEDERAL AGENCIES-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(5) ASSISTANCE FROM FEDERAL AGENCIES-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Public Meetings and Hearings-CommentsClose CommentsPermalink





(1) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF REPORTS- The Commission shall--CommentsClose CommentsPermalink





(A) hold public hearings and meetings, to the extent appropriate; andCommentsClose CommentsPermalink





(B) release public versions of the reports required under paragraphs (1) and (2) of subsection (j).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(g) Staff of Commission-CommentsClose CommentsPermalink





(1) IN GENERAL-CommentsClose CommentsPermalink





(A) APPOINTMENT AND COMPENSATION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) PERSONNEL AS FEDERAL EMPLOYEES-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(ii) MEMBERS OF COMMISSION- Clause (i) shall not apply to members of the Commission.CommentsClose CommentsPermalink





(2) DETAILEES-CommentsClose CommentsPermalink





(A) IN GENERAL- An employee of the Federal Government may be detailed to the Commission without reimbursement.CommentsClose CommentsPermalink





(B) CIVIL SERVICE STATUS- The detail of the employee shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(h) Compensation and Travel Expenses-CommentsClose CommentsPermalink





(1) COMPENSATION OF MEMBERS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(i) Security Clearances for Commission Members and Staff-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) PROPRIETARY INFORMATION- No person shall be provided with access to proprietary information under this section without the appropriate security clearances.CommentsClose CommentsPermalink





(j) Reports of Commission; Adjournment-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) TEMPORARY ADJOURNMENT-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) providing testimony to committees of Congress concerning reports of the Commission; andCommentsClose CommentsPermalink





(ii) disseminating the final report submitted under paragraph (2).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) the Commission shall reconvene in accordance with subsection (c)(3); andCommentsClose CommentsPermalink





(ii) the authority of the Commission under this section shall be of full force and effect.CommentsClose CommentsPermalink





(k) Funding-CommentsClose CommentsPermalink





(1) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink





(A) $10,000,000 for the first fiscal year in which the Commission convenes; andCommentsClose CommentsPermalink





(B) $3,000,000 for each fiscal year thereafter in which the Commission convenes.CommentsClose CommentsPermalink





(2) AVAILABILITY- Amounts made available to carry out this section shall be available--CommentsClose CommentsPermalink





(A) for transfer to the Commission for use in carrying out the functions and activities of the Commission under this section; andCommentsClose CommentsPermalink





(B) until the date on which the Commission adjourns for the fiscal year under subsection (j)(3).CommentsClose CommentsPermalink





(l) Nonapplicability of Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.CommentsClose CommentsPermalink