[Congressional Record Volume 162, Number 18 (Monday, February 1, 2016)]
[Senate]
[Pages S429-S430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3153. Mr. VITTER (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. GAO INVESTIGATION OF BUREAU OF SAFETY AND 
                   ENVIRONMENTAL ENFORCEMENT ACTIONS RELATING TO 
                   THE SEIZURE OF HELICOPTER FUEL.

       (a) Investigation.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct an investigation of actions taken by 
     employees of the Bureau of Safety and Environmental 
     Enforcement (referred to in this section as the ``Bureau'') 
     regarding the demand for, or seizure of, without permission 
     and with or without offering to provide compensation in 
     exchange for, privately

[[Page S430]]

     owned helicopter fuel from lessees, permit holders, or 
     operators of federally leased offshore facilities, 
     independent contractors, or third-party vendors.
       (2) Purposes.--The purposes of the investigation conducted 
     under paragraph (1) shall be to determine--
       (A)(i) whether the Bureau has the explicit authority under 
     law (including regulations consistent with the statutory 
     authority of the Bureau) to demand or seize, whether for 
     valid inspections or operational convenience, privately owned 
     helicopter fuel from lessees, permit holders, or operators of 
     federally leased offshore facilities, independent 
     contractors, or third-party vendors, even in cases in which 
     the Bureau offers compensation for the fuel demanded or 
     seized; and
       (ii) if the Comptroller General of the United States 
     determines that the Bureau has the authority described in 
     clause (i), whether--
       (I) the Bureau may demand or seize the helicopter fuel at 
     any time and for any purpose; or
       (II) the authority under that clause is subject to 
     conditions or limitations;
       (B) whether an independent helicopter service provider not 
     under agreement with the Bureau or a contracted helicopter 
     service provider of the Bureau qualifies as ``a designated 
     operator or agent of the lessee(s), a pipeline right-of-way 
     holder, or a State lessee granted a right-of-use and 
     easement'' under section 250.105 of title 30, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act);
       (C) whether the Bureau is or has been conducting random, 
     unscheduled inspections at any facility of a lessee or permit 
     holder of the Bureau--
       (i) to allow the Bureau to take helicopter fuel at the 
     facility for the convenience of the Bureau; and
       (ii) to justify the taking of helicopter fuel in connection 
     with an inspection that otherwise would not have occurred; 
     and
       (D) whether employees of the Bureau, by demanding or 
     seizing, or directing participation of third parties in the 
     demand for or seizure of, helicopter fuel, through 
     intimidation, coercion, or other means, directly or 
     indirectly, without the consent of the private owner of the 
     fuel, would be--
       (i) subject to civil liability under section 2680(h) of 
     title 28, United States Code; or
       (ii) subject to civil or criminal liability under any other 
     law.
       (b) Report.--On completion of the investigation under 
     subsection (a), the Comptroller General of the United States 
     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 that describes the results 
     of the investigation under that subsection.
                                 ______