II 111th CONGRESS 2d Session S. 3431 IN THE SENATE OF THE UNITED STATES May 26, 2010 Mr. Menendez (for himself and Mr. Nelson of Florida) 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, and for other purposes.

1.

Short title

This Act may be cited as the Stop Cozy Relationships with Big Oil Act of 2010.

2.

Definitions

In this Act: (1)

Mineral

The term mineral has the meaning given the term minerals in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (2)

Mineral mining

(A)

In general

The term mineral mining means— (i)any activity carried out on Federal land on or off a claim (with or without a discovery) for mineral leasing, preleasing, any related activity, prospecting, exploration, development, mining, extraction, milling, beneficiation, processing, or storage of mined or processed materials with respect to any mineral that is under the jurisdiction of the Service; and (ii)any reclamation activity for any mineral. (B)

Inclusions

The term mineral mining includes the construction and use of roads, transmission lines, pipelines, utility corridors, and other means of access across Federal land for an ancillary facility. (3)

Service

The term Service means the Minerals Management Service or a successor agency.

3.

Employee ethical standards

(a)

Gifts

(1)

Prohibition

(A)

In general

An employee of the Service may not knowingly accept a gift from an entity that is engaged in the business of mineral mining. (B)

Exceptions

Except for the value exception, the regulations providing exceptions to the gift rules for Federal employees for gifts from outside sources under part 2635 of title 5, Code of Federal Regulations (or successor regulations), shall apply to subparagraph (A). (2)

Violation

Any person that violates paragraph (1) shall be guilty of a felony and fined under title 18, United States Code, imprisoned for not more than 2 years, or both. (b)

Financial disclosure

The filing requirements of section 101(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) shall apply to an employee of the Service in a position classified at an annual income equivalent to a position at or above GS–13 of the Executive Schedule. (c)

Divestiture requirement

An employee of the Service may not own stock or any other interest in an entity that is engaged in the business of mineral mining during the period of employment of the employee by the Service. (d)

Outside employment

An employee of the Service may not be employed by any entity that is engaged in the business of mineral mining during the period of employment of the employee by the Service. (e)

Revolving door

(1)

Any work for the industry

An employee of the Service shall not work for an entity engaged in the business of mineral mining during the 2-year period beginning on the date of termination of employment of the employee by the Service. (2)

Violation

Any person that violates paragraph (1) shall be guilty of a felony and punished as provided in section 216 of title 18, United States Code.

4.

Fraudulent statements by employees of the minerals management service

(a)

In general

Chapter 47 of title 18, United States Code, is amended by adding at the end the following:

1041.

Fraudulent statements by employees of the Minerals Management Service

Any officer, employee, or agent of the Minerals Management Service (or a successor agency) that knowingly and willfully makes any materially false, fictitious, or fraudulent statement or representation in the conduct of activities relating to oil and gas regulation shall be fined under this title, imprisoned not more than 15 years, or both.

. (b)

Table of sections

The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Fraudulent statements by employees of the Minerals Management Service. .