[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3736 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3736

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2009

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minerals Management Service Reform 
Act''.

SEC. 2. ESTABLISHMENT AND ORGANIZATIONAL STRUCTURE.

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

SEC. 3. OFFICERS OF SERVICE.

    (a) Director.--
            (1) Appointment.--The Service shall be headed by a 
        Director, who shall be appointed by the President, by and with 
        the advice and consent of the Senate, to a 5-year term of 
        office.
            (2) Functions.--The Director--
                    (A) shall carry out all functions transferred to 
                the Director by this Act; and
                    (B) shall have authority and control over all 
                personnel, programs, and activities of the Service.
            (3) Compensation.--The Director shall be compensated at the 
        rate prescribed for level II of the Executive Schedule.
    (b) Deputy Director.--
            (1) Appointment.--There shall be in the Service a Deputy 
        Director, who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
            (2) Functions.--The Deputy Director--
                    (A) shall perform such functions and have such 
                duties and powers as the Director may prescribe;
                    (B) shall act for and perform the functions of the 
                Director when the Director is absent or unable to serve 
                and when the office of the Director is vacant; and
                    (C) shall, to the maximum extent practicable, 
                assure that procurement actions of the Service take 
                advantage of all methods available to expedite the 
                procurement process.
            (3) Compensation.--The Deputy Director shall be compensated 
        at the rate prescribed for level III of the Executive Schedule.
    (c) Associate Directors.--
            (1) Appointment.--The Director shall appoint Associate 
        Directors who shall each have such duties as may be prescribed 
        by the Director.
            (2) Compensation.--Each Associate Director appointed under 
        this subsection shall be compensated at the rate prescribed for 
        level IV of the Executive Schedule.
    (d) Chief Counsel.--
            (1) Appointment.--There shall be in the Service a Chief 
        Counsel, who shall be appointed by the Director.
            (2) Functions.--The Chief Counsel shall be the chief legal 
        officer for all legal matters arising from the activities of 
        the Service.
            (3) Compensation.--The Chief Counsel shall be compensated 
        at the rate prescribed for level IV of the Executive Schedule.
    (e) Inspector General.--The Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in section 12(1), by inserting ``the Minerals 
        Management Service;'' after ``the Export-Import Bank;''; and
            (2) in section 12(2), by inserting ```the Minerals 
        Management Service,''' after ``the Export-Import Bank,''.

SEC. 4. FUNCTIONS OF DIRECTOR.

    (a) In General.--The Director shall--
            (1) exercise all powers and discharge all duties of the 
        Service; and
            (2) carry out all functions, powers, and duties that are 
        vested in the Department of the Interior on the day before the 
        effective date of this Act relating to--
                    (A) bidding, leasing, and managing all offshore oil 
                and gas, including with respect to the Gulf of Mexico 
                and other areas of the Outer Continental Shelf; and
                    (B) collection of revenue (other than taxes) 
                generated by such oil and gas.
    (b) Existing Law.--Except as otherwise provided by this Act, in 
carrying out the functions of the Service under this Act, the Director 
shall be subject to all provisions of law to which the Director was 
subject on the day before the effective date of this Act to the extent 
such provisions are not inconsistent with this Act.
    (c) Not Subject to Entities Created by Executive Order.--The 
Director shall not submit decisions for the approval of, and shall not 
be bound by the decisions or recommendations of, any committee, board, 
or other organization created by Executive Order.

SEC. 5. TRANSFERS AND INCIDENTAL PROVISIONS.

    (a) Transfers.--The following are transferred to the Minerals 
Management Service established by section 2:
            (1) Functions of mms.--All functions vested by law on the 
        day before the effective date of this Act in the Minerals 
        Management Service in the Department of the Interior or its 
        Director, and all functions vested by law on the day before the 
        effective date of this Act in the Department of the Interior or 
        the Department of the Interior that are administered through 
        the Minerals Management Service (including budgetary and 
        procurement functions) or related to the Minerals Management 
        Service.
            (2) Incidental functions.--All functions of the Department 
        of the Interior and of the Minerals Management Service in the 
        Department of the Interior on the day before the effective date 
        of this Act that are incidental to, helpful to, or necessary 
        for, the performance of the functions transferred by paragraph 
        (1), or that relate primarily to those functions.
            (3) Personnel, property, records, and funds.--So much of 
        the personnel, property, records, funds, accounts, and 
        unexpended balances of appropriations, allocations, and other 
        funds of the Department of the Interior and the Minerals 
        Management Service as are employed, used, held, available, or 
        to be made available in connection with the functions 
        transferred by paragraphs (1) and (2).
    (b) No Reduction in Classification or Compensation.--The personnel 
transferred under this section shall be transferred without reduction 
in classification or compensation.
    (c) Exercise of Functions by Director.--The Director of the 
Minerals Management Service shall exercise all functions transferred by 
subsection (a) of this section and any other function vested by any law 
in the Minerals Management Service or the Director of the Minerals 
Management Service after the date of the enactment of this Act.

SEC. 6. RULES; REGULATIONS.

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

SEC. 7. DELEGATION.

    (a) In General.--Except as otherwise provided in this Act, the 
Director may delegate functions to officers and employees of the 
Service, and may authorize successive redelegations of such functions 
in the Service, as the Director considers necessary or appropriate.
    (b) Director Remains Responsible.--A delegation of functions by the 
Director under this section or under any other provision of this Act 
shall not relieve the Director of responsibility for the administration 
of such functions.

SEC. 8. SUPPLEMENTAL PERSONNEL AND SERVICES.

    (a) Experts and Consultants.--In addition to the officers provided 
for by section 3, the Director may obtain the services of experts and 
consultants in accordance with section 3109 of title 5, United States 
Code.
    (b) Personnel of Other Agencies.--Upon request of the Director, the 
head of any Federal agency may detail, on a reimbursable basis, any of 
the personnel of such agency to assist the Director in carrying out 
functions of the Service.
    (c) Volunteer Services.--
            (1) In general.--The Director may accept voluntary services 
        of individuals in accordance with the provisions of section 
        3111 of title 5, United States Code and without regard to the 
        provisions of section 1342 of title 31, United States Code, if 
        such services will not be used to displace Federal employees 
        employed on a full-time, part-time, or seasonal basis.
            (2) Incidental expenses.--The Director may provide for 
        incidental expenses, including transportation, lodging, and 
        subsistence, for persons who provide voluntary services 
        pursuant to this subsection to the Director.
            (3) Not federal employees.--An individual who provides 
        voluntary services to the Director pursuant to this subsection 
        shall not be considered to be a Federal employee for any 
        purpose other than for purposes of chapter 81 of title 5, 
        United States Code (relating to compensation for work injuries) 
        and chapter 171 of title 28, United States Code (relating to 
        tort claims).

SEC. 9. CONTRACTS.

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

SEC. 10. USE OF SERVICES, EQUIPMENT, PERSONNEL, AND FACILITIES OF OTHER 
              AGENCIES.

    (a) In General.--With the consent of the appropriate agency, the 
Director may, with or without reimbursement, use the services, 
equipment, personnel, and facilities of Federal agencies and other 
public and private agencies, and may cooperate with other public and 
private agencies in the use of services, equipment, personnel, and 
facilities.
    (b) Cooperation of Other Federal Agencies.--The head of each 
Federal agency shall cooperate fully with the Director in making the 
services, equipment, personnel, and facilities of the Federal agency 
available to the Director.
    (c) Supplies and Equipment.--Notwithstanding any other provision of 
law, the head of a Federal agency may transfer to or receive from the 
Service, without reimbursement, supplies and equipment, other than 
administrative supplies and equipment.

SEC. 11. ACQUISITION AND MAINTENANCE OF PROPERTY.

    (a) In General.--The Director may--
            (1) acquire (by purchase, lease, condemnation, or 
        otherwise), construct, improve, repair, operate, and maintain 
        such other real and personal property (including office space 
        and patents), and any interest therein within or outside the 
        continental United States as the Director considers necessary;
            (2) lease to others such real and personal property; and
            (3) provide by contract or otherwise for eating facilities 
        and other necessary facilities for the welfare of employees of 
        the Service at its installations and purchase and maintain 
        equipment for such facilities.
    (b) Title to Property.--Title to any property or interest therein 
acquired pursuant to this section shall be in the United States.
    (c) Limitation.--The authority granted by subsection (a) shall be 
available only with respect to facilities of a special purpose nature 
that cannot readily be reassigned from similar Federal activities and 
are not otherwise available for assignment to the Service by the 
Director of General Services.
    (d) Contracts and Leases Subject to Appropriations.--The authority 
of the Director to enter into contracts and leases under this section 
shall be to such extent and in such amounts as are provided in 
appropriation Acts.

SEC. 12. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.

    The Director may accept transfers from other Federal agencies of 
funds that are available to carry out--
            (1) functions transferred by this Act to the Director; or
            (2) functions assigned by law to the Director after the 
        date of the enactment of this Act.

SEC. 13. SEAL OF SERVICE.

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

SEC. 14. STATUS OF SERVICE UNDER CERTAIN LAWS.

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

SEC. 15. SAVINGS PROVISIONS.

    (a) In General.--All orders, determinations, rules, regulations, 
permits, contracts, certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, any Federal department or 
        agency or official thereof, or by a court of competent 
        jurisdiction, in regard to functions that are transferred under 
        this Act to the Service on or after the date of the enactment 
        of this Act; and
            (2) that are in effect on the effective date of this Act;
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Director or other authorized official, by a court of 
competent jurisdiction, or by operation of law.
    (b) Pending Licenses, Permits, Certificates, and Financial 
Assistance.--
            (1) In general.--This Act shall not affect any proceedings 
        or any application for any license, permit, certificate, or 
        financial assistance pending on the effective date of this Act, 
        and such proceedings and applications, to the extent that they 
        relate to functions so transferred, shall be continued.
            (2) Proceedings.--Orders shall be issued in proceedings 
        referred to in paragraph (1), appeals shall be taken therefrom, 
        and payments shall be made pursuant to such orders, as if this 
        Act had not been enacted, and orders issued in any such 
        proceedings shall continue in effect until modified, 
        terminated, superseded, or revoked by a duly authorized 
        official, by a court of competent jurisdiction, or by operation 
        of law.
            (3) Discontinuance or modification.--Nothing in this 
        subsection shall be considered to prohibit the discontinuance 
        or modification of any proceeding under the same terms and 
        conditions and to the same extent that such proceeding could 
        have been discontinued or modified if this Act had not been 
        enacted.
    (c) Pending Suits.--
            (1) In general.--This Act shall not affect suits commenced 
        before the effective date of this Act.
            (2) Proceedings.--In all suits referred to in paragraph 
        (1), proceedings shall be had, appeals taken, and judgments 
        rendered in the same manner and effect as if this Act had not 
        been enacted.
    (d) Interim Appointments.--
            (1) In general.--In any case involving an officer required 
        by this Act to be appointed by and with the advice and consent 
        of the Senate who has not entered office on the effective date 
        of this Act, the President may designate the person who served 
        as such officer on the day before the effective date of this 
        Act to act in such office until the office is filled as 
        provided by this Act.
            (2) Compensation.--A person designated to act in an office 
        under paragraph (1) shall receive compensation at the rate of 
        pay provided by this Act for the office in which the person 
        acts.

SEC. 16. LAWS AND REGULATIONS.

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

SEC. 17. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Director.--The term ``Director'' means the Director of 
        the Minerals Management Service appointed under section 3.
            (2) Service.--The term ``Service'' means the Minerals 
        Management Service established by section 2.
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