[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3556 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3556

   To improve the administration of the Minerals Management Service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 24 (legislative day, September 17), 2008

Mr. Wyden (for himself and Mr. Barrasso) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To improve the administration of the Minerals Management Service.

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

SECTION 1. MINERALS MANAGEMENT SERVICE.

    (a) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the 
        Department of the Interior.
            (2) Director.--The term ``Director'' means the Director of 
        the Service.
            (3) Royalty-in-kind program.--The term ``royalty-in-kind 
        program'' means the program established under--
                    (A) section 342 of the Energy Policy Act of 2005 
                (42 U.S.C. 15902);
                    (B) section 36 of the Mineral Leasing Act (30 
                U.S.C. 192);
                    (C) section 27 of the Outer Continental Shelf Lands 
                Act (43 U.S.C. 1353); or
                    (D) any other similar provision of law.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Service.--The term ``Service'' means the Minerals 
        Management Service.
    (b) Establishment.--The Secretary shall--
            (1) establish and maintain within the Department the 
        Minerals Management Service; and
            (2) assign to the Service such functions as the Secretary 
        considers appropriate.
    (c) Director.--The Service shall be headed by a Director who shall 
be appointed by the President, by and with the advice and consent of 
the Senate.
    (d) Audits.--
            (1) Royalty audits.--The Director shall ensure that the 
        Service implements a comprehensive program of financial audits 
        of royalty payments and adjustments, including physical on-site 
        audits, on the basis of risk and statistical samples.
            (2) Standards.--Not later than 90 days after the date of 
        enactment of this Act, the Director shall promulgate 
        regulations that--
                    (A) require that all employees of the Service that 
                conduct audits and compliance reviews meet professional 
                auditor qualifications that are consistent with the 
                latest revision of the Government Auditing Standards 
                published by the Government Accountability Office; and
                    (B) ensure that all audits conducted by the Service 
                are performed in accordance with the standards.
            (3) Inspector general.--The Inspector General of the 
        Department shall--
                    (A) conduct, annually and as necessary, audits of 
                activities of the Service, including leasing and 
                royalty activities; and
                    (B) report the results of the audits of activities 
                of the Service (including leasing and royalty 
                activities) and the certifications required under 
                subsection (e) to--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate;
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (iii) the Secretary.
    (e) Royalties-in-Kind Program.--
            (1) Initial certification.--Subject to paragraph (3), not 
        later than 60 days after the date of enactment of this Act, the 
        Secretary shall submit to Congress a certification that all of 
        the recommendations made by the Office of the Inspector General 
        of the Department as the result of investigations that 
        culminated in a memorandum dated September 9, 2008, and a 
        report dated May 2008 (C-EV-MMS-001-2008), with respect to the 
        royalty-in-kind program have been implemented.
            (2) Annual certifications.--Subject to paragraph (3), not 
        later than 1 year after the date of enactment of this Act and 
        each year thereafter, the Secretary shall submit to Congress a 
        certification that the royalty-in-kind program is in full 
        compliance with Federal law (including regulations) governing 
        procurement and ethics.
            (3) Suspension.--Notwithstanding any other provision of 
        law, if the Secretary fails to make a certification required 
        under paragraph (1) or (2), the authority of the Secretary to 
        carry out each royalty-in-kind program is suspended during the 
        period--
                    (A) beginning on the day after the deadline for the 
                certification under that paragraph; and
                    (B) ending on the date the Secretary makes the 
                certification required under that paragraph.
                                 <all>