II 

111TH CONGRESS 

2D SESSION S. 3431 

To improve the administration of the Minerals Management Service, and 

for other purposes. 

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 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 ‘‘Stop Cozy Relation5 ships with Big Oil Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) MINERAL.—The term ‘‘mineral’’ has the 

9 meaning given the term ‘‘minerals’’ in section 2 of 


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1 the Outer Continental Shelf Lands Act (43 U.S.C. 

2 1331). 

3 (2) MINERAL MINING.— 

4 (A) IN GENERAL.—The term ‘‘mineral 

5 mining’’ means— 

6 (i) any activity carried out on Federal 

7 land on or off a claim (with or without a 

8 discovery) for mineral leasing, preleasing, 

9 any related activity, prospecting, explo10 ration, development, mining, extraction, 

11 milling, beneficiation, processing, or stor12 age of mined or processed materials with 

13 respect to any mineral that is under the 

14 jurisdiction of the Service; and 

15 (ii) any reclamation activity for any 

16 mineral. 

17 (B) INCLUSIONS.—The term ‘‘mineral 

18 mining’’ includes the construction and use of 

19 roads, transmission lines, pipelines, utility cor20 ridors, and other means of access across Fed21 eral land for an ancillary facility. 

22 (3) SERVICE.—The term ‘‘Service’’ means the 

23 Minerals Management Service or a successor agency. 

24 SEC. 3. EMPLOYEE ETHICAL STANDARDS. 

25 (a) GIFTS.— 


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1 (1) PROHIBITION.— 

2 (A) IN GENERAL.—An employee of the 

3 Service may not knowingly accept a gift from 

4 an entity that is engaged in the business of 

5 mineral mining. 

6 (B) EXCEPTIONS.—Except for the value 

7 exception, the regulations providing exceptions 

8 to the gift rules for Federal employees for gifts 

9 from outside sources under part 2635 of title 5, 

10 Code of Federal Regulations (or successor regu11 lations), shall apply to subparagraph (A). 

12 (2) VIOLATION.—Any person that violates para13 graph (1) shall be guilty of a felony and fined under 

14 title 18, United States Code, imprisoned for not 

15 more than 2 years, or both. 

16 (b) FINANCIAL DISCLOSURE.—The filing require17 ments of section 101(f) of the Ethics in Government Act 

18 of 1978 (5 U.S.C. App.) shall apply to an employee of 

19 the Service in a position classified at an annual income 

20 equivalent to a position at or above GS–13 of the Execu21 tive Schedule. 

22 (c) DIVESTITURE REQUIREMENT.—An employee of 

23 the Service may not own stock or any other interest in 

24 an entity that is engaged in the business of mineral mining 


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1 during the period of employment of the employee by the 

2 Service. 

3 (d) OUTSIDE EMPLOYMENT.—An employee of the 

4 Service may not be employed by any entity that is engaged 

5 in the business of mineral mining during the period of em6 ployment of the employee by the Service. 

7 (e) REVOLVING DOOR.— 

8 (1) ANY WORK FOR THE INDUSTRY.—An em9 ployee of the Service shall not work for an entity en10 gaged in the business of mineral mining during the 

11 2-year period beginning on the date of termination 

12 of employment of the employee by the Service. 

13 (2) VIOLATION.—Any person that violates para14 graph (1) shall be guilty of a felony and punished 

15 as provided in section 216 of title 18, United States 

16 Code. 

17 SEC. 4. FRAUDULENT STATEMENTS BY EMPLOYEES OF THE 

18 MINERALS MANAGEMENT SERVICE. 

19 (a) IN GENERAL.—Chapter 47 of title 18, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 1041. Fraudulent statements by employees of the 

23 Minerals Management Service 

24 ‘‘Any officer, employee, or agent of the Minerals 

25 Management Service (or a successor agency) that knowVerDate Mar 15 2010 00:05 May 27, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3431.IS S3431

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1 ingly and willfully makes any materially false, fictitious, 

2 or fraudulent statement or representation in the conduct 

3 of activities relating to oil and gas regulation shall be fined 

4 under this title, imprisoned not more than 15 years, or 

5 both.’’. 

6 (b) TABLE OF SECTIONS.—The table of sections for 

7 chapter 47 of title 18, United States Code, is amended 

8 by adding at the end the following: 

‘‘1041. Fraudulent statements by employees of the Minerals Management Service.’’. 

Æ 


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