S.Amdt. 3153

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.
______