Sec. 10403. Ocean Energy Safety Service
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There is established in the Department of the Interior an Ocean Energy Safety Service (referred to in this section as the Service ), which shall— be headed by a Director of Energy Safety (referred to in this section as the Director ); and be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. The Director shall be appointed by the Secretary of the Interior. The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code.
The Secretary of the Interior shall carry out through the Service all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) including the authority to develop, promulgate, and enforce regulations to ensure the safe and sound exploration, development, and production of mineral and renewable energy resources on the Outer Continental Shelf in a timely fashion.
The Director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the Outer Continental Shelf, including— exploration, development, production, and ongoing inspections of infrastructure; the suspending or prohibiting, on a temporary basis, any operation or activity, including production under leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)); cancelling any lease, permit, or right-of-way on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)); compelling compliance with applicable Federal laws and regulations relating to worker safety and other matters; requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration, development, and production of mineral or renewable energy resources; developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations, including health, safety, or environmental regulations; implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1347 ); summoning witnesses and directing the production of evidence; levying fines and penalties and disqualifying operators; carrying out any safety, response, and removal preparedness functions; and the processing of permits, exploration plans, development plans.
The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees who meet qualification requirements and adhere to the highest professional and ethical standards. The qualification requirements referred to in paragraph (1)— shall be determined by the Secretary, subject to subparagraph (B); and shall include— 3 years of practical experience in oil and gas exploration, development, or production; or a degree in an appropriate field of engineering from an accredited institution of higher learning.
In assigning oil and gas inspectors to the inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made. The Director shall require that an individual to be hired as an inspection officer undergo an employment investigation (including a criminal history record check). Individuals hired as inspectors must be able to read, speak, and write English well enough to— carry out written and oral instructions regarding the proper performance of inspection duties; and write inspection reports and statements and log entries in the English language.
The Director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the Armed Forces and is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the Armed Forces. The Director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented. An individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual— continues to meet all qualifications and standards; has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program; and demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform inspection functions.
Any individual that conducts permitting or inspections under this section may not participate in a strike, or assert the right to strike. Notwithstanding any other provision of law, the Director may employ, appoint, discipline and terminate for cause, and fix the compensation, terms, and conditions of employment of Federal service for individuals as the employees of the Service in order to restore and maintain the trust of the people of the United States in the accountability of the management of our Nation’s energy safety program.
The Secretary shall establish and maintain a National Offshore Energy Safety Academy (referred to in this paragraph as the Academy ) as an agency of the Ocean Energy Safety Service. The Secretary, through the Academy, shall be responsible for— the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health, safety, environmental, and operational inspections; the training of technical support personnel of the Bureau; any other training programs for offshore oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors.
In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, safety training firms, and oil and gas operators and related industries. Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary.
In performing functions under this subsection, the Secretary shall use, to the extent practicable, the facilities and personnel of the Department of the Interior. The Secretary may appoint or assign to the Academy such officers and employees as the Secretary considers necessary for the performance of the duties and functions of the Academy. The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed— to enable persons to qualify for positions in the administration of this title; and to provide for the continuing education of inspectors or other appropriate Department of the Interior personnel.
The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph. The Secretary shall not carry out through the Service any function, power, or duty that is— required by section 10402 to be carried out through Bureau of Ocean Energy; or required by section 10404 to be carried out through the Office of Natural Resources Revenue.
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