I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Minerals Management 

5 Service Reform Act’’. 

6 SEC. 2. ESTABLISHMENT AND ORGANIZATIONAL STRUC7 TURE. 

8 There is established as an independent establishment 

9 in the executive branch the Minerals Management Service. 

10 The Service shall succeed the Minerals Management ServVerDate Nov 24 2008 06:14 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3736.IH H3736

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1 ice of the Department of the Interior as such department 

2 is in existence on the day before the effective date of this 

3 Act. 

4 SEC. 3. OFFICERS OF SERVICE. 

5 (a) DIRECTOR.— 

6 (1) APPOINTMENT.—The Service shall be head7 ed by a Director, who shall be appointed by the 

8 President, by and with the advice and consent of the 

9 Senate, to a 5-year term of office. 

10 (2) FUNCTIONS.—The Director— 

11 (A) shall carry out all functions trans12 ferred to the Director by this Act; and 

13 (B) shall have authority and control over 

14 all personnel, programs, and activities of the 

15 Service. 

16 (3) COMPENSATION.—The Director shall be 

17 compensated at the rate prescribed for level II of the 

18 Executive Schedule. 

19 (b) DEPUTY DIRECTOR.— 

20 (1) APPOINTMENT.—There shall be in the Serv21 ice a Deputy Director, who shall be appointed by the 

22 President, by and with the advice and consent of the 

23 Senate. 

24 (2) FUNCTIONS.—The Deputy Director— 


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1 (A) shall perform such functions and have 

2 such duties and powers as the Director may 

3 prescribe; 

4 (B) shall act for and perform the functions 

5 of the Director when the Director is absent or 

6 unable to serve and when the office of the Di7 rector is vacant; and 

8 (C) shall, to the maximum extent prac9 ticable, assure that procurement actions of the 

10 Service take advantage of all methods available 

11 to expedite the procurement process. 

12 (3) COMPENSATION.—The Deputy Director 

13 shall be compensated at the rate prescribed for level 

14 III of the Executive Schedule. 

15 (c) ASSOCIATE DIRECTORS.— 

16 (1) APPOINTMENT.—The Director shall appoint 

17 Associate Directors who shall each have such duties 

18 as may be prescribed by the Director. 

19 (2) COMPENSATION.—Each Associate Director 

20 appointed under this subsection shall be com21 pensated at the rate prescribed for level IV of the 

22 Executive Schedule. 

23 (d) CHIEF COUNSEL.— 


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1 (1) APPOINTMENT.—There shall be in the Serv2 ice a Chief Counsel, who shall be appointed by the 

3 Director. 

4 (2) FUNCTIONS.—The Chief Counsel shall be 

5 the chief legal officer for all legal matters arising 

6 from the activities of the Service. 

7 (3) COMPENSATION.—The Chief Counsel shall 

8 be compensated at the rate prescribed for level IV 

9 of the Executive Schedule. 

10 (e) INSPECTOR GENERAL.—The Inspector General 

11 Act of 1978 (5 U.S.C. App.) is amended— 

12 (1) in section 12(1), by inserting ‘‘the Minerals 

13 Management Service;’’ after ‘‘the Export-Import 

14 Bank;’’; and 

15 (2) in section 12(2), by inserting ‘‘ ‘the Min16 erals Management Service,’ ’’ after ‘‘the Export-Im17 port Bank,’’. 

18 SEC. 4. FUNCTIONS OF DIRECTOR. 

19 (a) IN GENERAL.—The Director shall— 

20 (1) exercise all powers and discharge all duties 

21 of the Service; and 

22 (2) carry out all functions, powers, and duties 

23 that are vested in the Department of the Interior on 

24 the day before the effective date of this Act relating 

25 to— 


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1 (A) bidding, leasing, and managing all off2 shore oil and gas, including with respect to the 

3 Gulf of Mexico and other areas of the Outer 

4 Continental Shelf; and 

5 (B) collection of revenue (other than taxes) 

6 generated by such oil and gas. 

7 (b) EXISTING LAW.—Except as otherwise provided 

8 by this Act, in carrying out the functions of the Service 

9 under this Act, the Director shall be subject to all provi10 sions of law to which the Director was subject on the day 

11 before the effective date of this Act to the extent such pro12 visions are not inconsistent with this Act. 

13 (c) NOT SUBJECT TO ENTITIES CREATED BY EXEC14 UTIVE ORDER.—The Director shall not submit decisions 

15 for the approval of, and shall not be bound by the deci16 sions or recommendations of, any committee, board, or 

17 other organization created by Executive Order. 

18 SEC. 5. TRANSFERS AND INCIDENTAL PROVISIONS. 

19 (a) TRANSFERS.—The following are transferred to 

20 the Minerals Management Service established by section 

21 2: 

22 (1) FUNCTIONS OF MMS.—All functions vested 

23 by law on the day before the effective date of this 

24 Act in the Minerals Management Service in the De25 partment of the Interior or its Director, and all 


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1 functions vested by law on the day before the effec2 tive date of this Act in the Department of the Inte3 rior or the Department of the Interior that are ad4 ministered through the Minerals Management Serv5 ice (including budgetary and procurement functions) 

6 or related to the Minerals Management Service. 

7 (2) INCIDENTAL FUNCTIONS.—All functions of 

8 the Department of the Interior and of the Minerals 

9 Management Service in the Department of the Inte10 rior on the day before the effective date of this Act 

11 that are incidental to, helpful to, or necessary for, 

12 the performance of the functions transferred by 

13 paragraph (1), or that relate primarily to those 

14 functions. 

15 (3) PERSONNEL, PROPERTY, RECORDS, AND

16 FUNDS.—So much of the personnel, property, 

17 records, funds, accounts, and unexpended balances 

18 of appropriations, allocations, and other funds of the 

19 Department of the Interior and the Minerals Man20 agement Service as are employed, used, held, avail21 able, or to be made available in connection with the 

22 functions transferred by paragraphs (1) and (2). 

23 (b) NO REDUCTION IN CLASSIFICATION OR COM24 PENSATION.—The personnel transferred under this secVerDate Nov 24 2008 06:14 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3736.IH H3736

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1 tion shall be transferred without reduction in classification 

2 or compensation. 

3 (c) EXERCISE OF FUNCTIONS BY DIRECTOR.—The 

4 Director of the Minerals Management Service shall exer5 cise all functions transferred by subsection (a) of this sec6 tion and any other function vested by any law in the Min7 erals Management Service or the Director of the Minerals 

8 Management Service after the date of the enactment of 

9 this Act. 

10 SEC. 6. RULES; REGULATIONS. 

11 In the performance of functions pursuant to this Act, 

12 the Director may make, promulgate, issue, rescind, and 

13 amend rules and regulations in accordance with chapter 

14 5 of title 5, United States Code. 

15 SEC. 7. DELEGATION. 

16 (a) IN GENERAL.—Except as otherwise provided in 

17 this Act, the Director may delegate functions to officers 

18 and employees of the Service, and may authorize succes19 sive redelegations of such functions in the Service, as the 

20 Director considers necessary or appropriate. 

21 (b) DIRECTOR REMAINS RESPONSIBLE.—A delega22 tion of functions by the Director under this section or 

23 under any other provision of this Act shall not relieve the 

24 Director of responsibility for the administration of such 

25 functions. 


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1 SEC. 8. SUPPLEMENTAL PERSONNEL AND SERVICES. 

2 (a) EXPERTS AND CONSULTANTS.—In addition to 

3 the officers provided for by section 3, the Director may 

4 obtain the services of experts and consultants in accord5 ance with section 3109 of title 5, United States Code. 

6 (b) PERSONNEL OF OTHER AGENCIES.—Upon re7 quest of the Director, the head of any Federal agency may 

8 detail, on a reimbursable basis, any of the personnel of 

9 such agency to assist the Director in carrying out func10 tions of the Service. 

11 (c) VOLUNTEER SERVICES.— 

12 (1) IN GENERAL.—The Director may accept 

13 voluntary services of individuals in accordance with 

14 the provisions of section 3111 of title 5, United 

15 States Code and without regard to the provisions of 

16 section 1342 of title 31, United States Code, if such 

17 services will not be used to displace Federal employ18 ees employed on a full-time, part-time, or seasonal 

19 basis. 

20 (2) INCIDENTAL EXPENSES.—The Director may 

21 provide for incidental expenses, including transpor22 tation, lodging, and subsistence, for persons who 

23 provide voluntary services pursuant to this sub24 section to the Director. 

25 (3) NOT FEDERAL EMPLOYEES.—An individual 

26 who provides voluntary services to the Director purVerDate Nov 24 2008 06:14 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3736.IH H3736

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1 suant to this subsection shall not be considered to 

2 be a Federal employee for any purpose other than 

3 for purposes of chapter 81 of title 5, United States 

4 Code (relating to compensation for work injuries) 

5 and chapter 171 of title 28, United States Code (re6 lating to tort claims). 

7 SEC. 9. CONTRACTS. 

8 The Director may, without regard to the provisions 

9 of section 3324 of title 31, United States Code, and sub10 ject to appropriations Acts, enter into and perform con11 tracts, leases, cooperative agreements, and other trans12 actions, on such terms and conditions as the Director con13 siders appropriate, with any Federal agency or any instru14 mentality of the United States, with any State, territory, 

15 or possession, with any political subdivision thereof, and 

16 with any person (including any educational institution), as 

17 may be necessary to carry out the functions of the Direc18 tor and the Service. 

19 SEC. 10. USE OF SERVICES, EQUIPMENT, PERSONNEL, AND 

20 FACILITIES OF OTHER AGENCIES. 

21 (a) IN GENERAL.—With the consent of the appro22 priate agency, the Director may, with or without reim23 bursement, use the services, equipment, personnel, and fa24 cilities of Federal agencies and other public and private 

25 agencies, and may cooperate with other public and private 


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1 agencies in the use of services, equipment, personnel, and 

2 facilities. 

3 (b) COOPERATION OF OTHER FEDERAL AGENCIES.— 

4 The head of each Federal agency shall cooperate fully with 

5 the Director in making the services, equipment, personnel, 

6 and facilities of the Federal agency available to the Direc7 tor. 

8 (c) SUPPLIES AND EQUIPMENT.—Notwithstanding 

9 any other provision of law, the head of a Federal agency 

10 may transfer to or receive from the Service, without reim11 bursement, supplies and equipment, other than adminis12 trative supplies and equipment. 

13 SEC. 11. ACQUISITION AND MAINTENANCE OF PROPERTY. 

14 (a) IN GENERAL.—The Director may— 

15 (1) acquire (by purchase, lease, condemnation, 

16 or otherwise), construct, improve, repair, operate, 

17 and maintain such other real and personal property 

18 (including office space and patents), and any inter19 est therein within or outside the continental United 

20 States as the Director considers necessary; 

21 (2) lease to others such real and personal prop22 erty; and 

23 (3) provide by contract or otherwise for eating 

24 facilities and other necessary facilities for the wel25 fare of employees of the Service at its installations 


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1 and purchase and maintain equipment for such fa2 cilities. 

3 (b) TITLE TO PROPERTY.—Title to any property or 

4 interest therein acquired pursuant to this section shall be 

5 in the United States. 

6 (c) LIMITATION.—The authority granted by sub7 section (a) shall be available only with respect to facilities 

8 of a special purpose nature that cannot readily be reas9 signed from similar Federal activities and are not other10 wise available for assignment to the Service by the Direc11 tor of General Services. 

12 (d) CONTRACTS AND LEASES SUBJECT TO APPRO13 PRIATIONS.—The authority of the Director to enter into 

14 contracts and leases under this section shall be to such 

15 extent and in such amounts as are provided in appropria16 tion Acts. 

17 SEC. 12. TRANSFERS OF FUNDS FROM OTHER FEDERAL 

18 AGENCIES. 

19 The Director may accept transfers from other Fed20 eral agencies of funds that are available to carry out— 

21 (1) functions transferred by this Act to the Di22 rector; or 

23 (2) functions assigned by law to the Director 

24 after the date of the enactment of this Act. 


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1 SEC. 13. SEAL OF SERVICE. 

2 The Service shall cause a seal of office to be made 

3 for the Service of such design as the Director shall ap4 prove, and judicial notice shall be taken of such seal. 

5 SEC. 14. STATUS OF SERVICE UNDER CERTAIN LAWS. 

6 For purposes of chapter 9 of title 5, United States 

7 Code, the Service is an independent regulatory agency. 

8 SEC. 15. SAVINGS PROVISIONS. 

9 (a) IN GENERAL.—All orders, determinations, rules, 

10 regulations, permits, contracts, certificates, licenses, and 

11 privileges— 

12 (1) that have been issued, made, granted, or al13 lowed to become effective by the President, any Fed14 eral department or agency or official thereof, or by 

15 a court of competent jurisdiction, in regard to func16 tions that are transferred under this Act to the 

17 Service on or after the date of the enactment of this 

18 Act; and 

19 (2) that are in effect on the effective date of 

20 this Act; 

21 shall continue in effect according to their terms until 

22 modified, terminated, superseded, set aside, or revoked in 

23 accordance with law by the President, the Director or 

24 other authorized official, by a court of competent jurisdic25 tion, or by operation of law. 


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1 (b) PENDING LICENSES, PERMITS, CERTIFICATES, 

2 AND FINANCIAL ASSISTANCE.— 

3 (1) IN GENERAL.—This Act shall not affect any 

4 proceedings or any application for any license, per5 mit, certificate, or financial assistance pending on 

6 the effective date of this Act, and such proceedings 

7 and applications, to the extent that they relate to 

8 functions so transferred, shall be continued. 

9 (2) PROCEEDINGS.—Orders shall be issued in 

10 proceedings referred to in paragraph (1), appeals 

11 shall be taken therefrom, and payments shall be 

12 made pursuant to such orders, as if this Act had not 

13 been enacted, and orders issued in any such pro14 ceedings shall continue in effect until modified, ter15 minated, superseded, or revoked by a duly author16 ized official, by a court of competent jurisdiction, or 

17 by operation of law. 

18 (3) DISCONTINUANCE OR MODIFICATION.— 

19 Nothing in this subsection shall be considered to 

20 prohibit the discontinuance or modification of any 

21 proceeding under the same terms and conditions and 

22 to the same extent that such proceeding could have 

23 been discontinued or modified if this Act had not 

24 been enacted. 

25 (c) PENDING SUITS.— 


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1 (1) IN GENERAL.—This Act shall not affect 

2 suits commenced before the effective date of this 

3 Act. 

4 (2) PROCEEDINGS.—In all suits referred to in 

5 paragraph (1), proceedings shall be had, appeals 

6 taken, and judgments rendered in the same manner 

7 and effect as if this Act had not been enacted. 

8 (d) INTERIM APPOINTMENTS.— 

9 (1) IN GENERAL.—In any case involving an of10 ficer required by this Act to be appointed by and 

11 with the advice and consent of the Senate who has 

12 not entered office on the effective date of this Act, 

13 the President may designate the person who served 

14 as such officer on the day before the effective date 

15 of this Act to act in such office until the office is 

16 filled as provided by this Act. 

17 (2) COMPENSATION.—A person designated to 

18 act in an office under paragraph (1) shall receive 

19 compensation at the rate of pay provided by this Act 

20 for the office in which the person acts. 

21 SEC. 16. LAWS AND REGULATIONS. 

22 Except as otherwise provided in this Act, all laws, 

23 rules, and regulations in effect and applicable to the Min24 erals Management Service of the Department of the Inte25 rior or to the Director of such Service on the date immeVerDate Nov 24 2008 06:14 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3736.IH H3736

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1 diately preceding the effective date of this Act shall, on 

2 and after such effective date, be applicable to the Minerals 

3 Management Service and the Director established by this 

4 Act, until such law, rule, or regulation is repealed or other5 wise modified or amended. 

6 SEC. 17. DEFINITIONS. 

7 For the purposes of this Act, the following definitions 

8 apply: 

9 (1) DIRECTOR.—The term ‘‘Director’’ means 

10 the Director of the Minerals Management Service 

11 appointed under section 3. 

12 (2) SERVICE.—The term ‘‘Service’’ means the 

13 Minerals Management Service established by section 

14 2. 

Æ 


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