I 111th CONGRESS 2d Session H. R. 5572 IN THE HOUSE OF REPRESENTATIVES June 22, 2010 Mr. Buchanan (for himself and Mr. Crenshaw) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform the Minerals Management Service and offshore drilling for oil and gas, to repeal the limitation of liability of a responsible party for discharge of oil from an offshore facility, and for other purposes.

1.

Short title

This Act may be cited as the Oil Spill Prevention Act of 2010.

2.

Reform of Minerals Management Service

(a)

Components

Notwithstanding Secretarial Order No. 3299, issued by the Secretary of the Interior on May 19, 2010, there shall be in the Department of the Interior the Minerals Management Service, which shall have— (1)an Office of Leasing and Permitting, which shall perform such functions relating to leasing of areas of the outer Continental Shelf and the issuance of permits for activities under such leases, as were vested in the Minerals Management Service (or the Director thereof) on May 19, 2010; (2)an Office of Inspection, which shall perform such functions relating to inspection of vessels and facilities used for such activities as were vested in the Minerals Management Service (or the Director thereof) on that date; and (3)an Office of Revenue, which shall perform such functions relating to the collection of revenue from leases of the outer Continental Shelf as were vested in the Minerals Management Service (or the Director thereof) on that date. (b)

Drug testing

The Secretary of the Interior shall issue regulations that require each employee of the Minerals Management Service to be subjected to random testing for the use of a controlled substance in violation of law or a United States Government regulation not less than 2 times each year. (c)

Employment restriction

During the 2-year period beginning on the date of departure of an individual from employment by the Minerals Management Service, the individual may not be employed by any person conducting any activity under a lease or permit issued by the Minerals Management Service or subject to regulation by the Minerals Management Service.

3.

Oversight of permitting and inspections

(a)

Monthly inspection requirements

(1)

In general

The Secretary of the Interior, acting through the Minerals Management Service, shall inspect each month each vessel and facility used for drilling for oil and gas on the outer Continental Shelf. (2)

Rescheduling of missed inspection

If for any reason the Secretary does not conduct a monthly inspection under this subsection, the Secretary shall conduct the inspection within 14 days after the date on which it was scheduled to be conducted. (b)

Prohibition on categorical exemptions

The Secretary of the Interior may not exempt any category of activity by a vessel or facility engaged in drilling for oil or gas on the outer Continental Shelf in waters deeper than 1,000 feet from any requirement or restriction that applies with respect to that activity under Federal law.

4.

Repeal of limitation of liability of responsible party for discharge of oil from an offshore facility

(a)

Repeal

Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended by— (1)inserting and after the semicolon at the end of paragraph (2); (2)striking paragraph (3); and (3)redesignating paragraph (4) as paragraph (3). (b)

Effective date

The amendments made by subsection (a) take effect on April 15, 2010.