Showing posts with label H.R. 5851. Show all posts
Showing posts with label H.R. 5851. Show all posts

Sunday, October 3, 2010

THE CASE AGAINST LYNN JENKINS CHAPTER 41 - SHE'S AGAINST WHISTLEBLOWER PROTECTION FOR OIL RIGS, TAKES CONTRIBUTIONS FROM EPA EMPLOYEE, AND WALLOWS IN OIL & GAS CASH

This is Lynn Jenkins, she does not represent us

Anyone remember when we were captivated by the un-natural disaster of British Petroleum's Deepwater Horizon? That was once the oil rig, with safety features disengaged, that blew apart, killing workers, and spewing millions of barrels of oil into the Gulf of Mexico. Do you remember it now?

That's good, because apparently Lynn Jenkins has forgotten. Lynn Jenkins who likes to claim that she's for "all of the above" in energy policy includes corporate malfeasance in that list of answers to our energy needs.

H.R. 5851, the Offshore Oil and Gas Worker Whistleblower Protection Act of 2010 passed the House of Representatives by a vote of 315 to 93, roll call vote 506 on July 30th. Lynn Jenkins was among those stalwarts of Big Oil voting against this measure.

H.R. 5851 prohibits employers from discharging, discriminating against, or engaging in retaliatory actions against specified employees reporting any violation or unsafe condition under the Outer Continental Shelf Lands Act to the government. The oil companies can't attack their employees for testifying about such conditions. Nor can they take punitive measures if the employee reports an illness, injury, or unsafe condition related to the employer's activities to the employer or a state or federal government official. The same whistleblower protections apply if the employee refuses to perform duties, or exercises stop work authority, based upon a good faith belief that performing such duties could result in injury to or impairment of the health of the covered employee or other employees, or cause an oil spill to the environment; or objects to, or refuses to participate in any activity, policy, practice, or assigned task that the employee reasonably believed to be in violation of such the Outer Continental Shelf Lands Act.

It is clear that a majority of the House understood what happened in the Gulf of Mexico. So why did Lynn Jenkins vote with Big Oil? Maybe it has something to do with that revolving door from public sector work to the lucrative private sector. It seems that someone or some folk over at the United States Environmental Protection Agency gave Lynn Jenkins $4,700 according to OpenSecrets.org at the Center for Responsive Politics, http://www.opensecrets.org/politicians/contrib.php?cid=N00029077&cycle=2010&type=I&newMem=N&recs=100.

While it is not common for employees of the EPA to donate to political campaigns, neither is it an unheard practice. Employees of the EPA have donated $2,400 to Republican candidate Sean R. Bielat in this year's race for Massachusetts' Fourth Congressional District. Deforest (Buster) Sories the 2002 Republican candidate for New Jerseys' Twelfth Congressional District took $5,700 from folks at the EPA.

Michigan's Democratic Representative Sander Levin took $2,000 from someone at the EPA in his 2004 race. That was long before he held the gavel at Ways and Means. Georgia's Republican Representative Charles R. Norwood also took money with an EPA connection in 2004. He got $2,000. The Center for Responsive Politics also lists the U.S. Government as giving his campaign $3,000! What's that all about? See, http://www.opensecrets.org/politicians/contrib.php?cid=N00002630&cycle=2004&type=I&newMem=N&recs=100.

In 2006 it was Wisconsin Democrat Ron Kind who received $2,000 from a person working at the EPA. That year Colorado, then Republican Representative, now American Constitution Party candidate for Colorado Governor, Tom Tancredo took $1,500.

In 2008 the honor went to Virginia's Democratic Senator Jim Webb, who received $5,000.

Civil Servants do not lose their First Amendment Rights when they become public sector employees. It would be wrong to impugn illicit motive to those at the EPA who gave money to politicians. It would be stupid not to follow the track from public sector donor to Big Oil's high paid executive status. If there is a connection it should be provable and prosecutable.

In the meantime, Lynn Jenkins' vote on H.R. 5861 has to be viewed in light of the Oil & Gas Industry's payments to her campaign of $46,800. See OpenSecrets.org, http://www.opensecrets.org/politicians/industries.php?cycle=2010&cid=N00029077&type=I. That's for this year's race. Lynn Jenkins is at the end of her first term and the Oil & Gas cumulative total is $109,550.

Cheryl Hudspeth refuses to take a cent of corporate cash. Lynn Jenkins is wallowing in the stuff, and she votes like it too!

Either it is Lynn Jenkins short memory, or the massive infusion of special interest money that drives her vote on H.R. 3534, the Consolidated Land, Energy, and Aquatic Resources Act of 2009. Always remember and never forget the cozy relationship between the Minerals Management Services (MMS) and the Oil and Gas Management program both of the Bureau of Land Management (BLM).


According to The Hill's Ben Geman, Acting Inspector General (IG) Mary Kendall's office is conducting an investigation into the actions of MMS officials focused on their inspection and approval of the Deepwater Horizon . In May, Kendall released a report that found that MMS regulators in Louisiana were receiving gifts from oil and gas companies prior to 2007. A 2008 IG report uncovered a culture of substance abuse and promiscuity at MMS' Denver office.

H.R. 3534 takes these suspect agencies out of BLM and transfers them to a newly established Interior Department Office of Federal Energy and Minerals Leasing. Given the history of MMS under the BLM this is reasonable.

Big Oil was content to keep things the way they were. Lynn Jenkins is raking in a little more than $25,000 a year, so far, from the FAT CATS from BIG OIL & GAS. Lynn Jenkins was more than willing to forget the catastrophic results of the Deepwater Horizon. SPILL BABY SPILL! The vote was 209 to 193, on roll call vote 513 July 30th. Lynn Jenkins is against fixing that which is broken , she voted "no" on H.R. 3534. "no" on H.R. 3554. See, http://thehill.com/blogs/e2-wire/677-e2-wire/99929-interior-ig-is-probing-federal-approval-deepwater-horizon-rig-operations.

Lynn Jenkins voted "no" on H.R. 3554 on roll call vote 513, July 30th.

Tuesday, August 3, 2010

THE CASE AGAINST LYNN JENKINS CHAPTER 36 - SHE'S AGAINST OIL RIG WHISTLE BLOWER PROTECTION & FOR KEEPING THE COZY RELATIONSHIP BETWEEN BIG OIL AND THE INTERIOR DEPARTMENT

Have you seen enough of the Gulf Oil catastrophe? Does it irk you that the safety control on British Petroleum's Deepwater Horizon rig had been intentionally disabled? Shouldn't oil rig workers be encouraged to blow the whistle on patently unsafe actions on oil rigs? Well, I thought so too. You know who didn't think that was a good idea? That's right, Lynn Jenkins the darling of Big Business.

H.R. 5851, the Offshore Oil and Gas Worker Whistleblower Protection Act of 2010, passed the House of Representatives on roll call 506 by a margin of 315 to 93.

This is what H.R. 5851 does:

Prohibits an employer from discharging, discriminating, or engaging in retaliatory actions against specified employees who report to a government official any violation or unsafe condition under the Outer Continental Shelf Lands Act.

Sets forth complaint filing procedures with the Secretary of Labor regarding such retaliation.

Requires employers to: (1) post a notice approved by the Secretary of Labor explaining employee rights and remedies under this Act in a conspicuous location in the place of employment where employees frequent; (2) provide training to employees about their rights under this Act within 30 days of employment, and at least once every 12 months thereafter; and (3) provide employees with a card containing a toll free telephone number at the Department of Labor to get information or file a complaint under this Act.

Directs the Secretary of Labor, within 30 days after enactment of this Act, to designate agency officials to receive, investigate, and adjudicate complaints concerning violations under this Act.

Obviously the greedy pursuit of profit trumped safe operations on the Deepwater Horizon. If oil rig workers already had whistle blower protection then the ecology, economy, and future of the Gulf States would not be in jeopardy today.

Most Americans recognize that another problem with safety on the Deepwater Horizon had to do with the cozy relationship between the Oil Industry and the Federal Agency responsible for the safety of offshore rigs, the Materials Management Service.

Interior Department Secretary Salazar is taking steps to keep the foxes out of the henhouse. H.R. 3534, the Consolidated Land, Energy, and Aquatic Resources Act of 2009 addresses the problem. This bill passed the House on roll call 513 by a margin of 209 to 193/ Thirty Members of Congress did not vote. How much money is Big Oil spreading these days?

Key provisions of H.R. 3534 include:

Establishes in the Department of the Interior the Office of Federal Energy and Minerals Leasing.

Transfers to such Office certain functions of: (1) the Minerals Management Service; and (2) the Oil and Gas Management program of the Bureau of Land Management.

Amends the Federal Oil and Gas Royalty Management Act of 1982 to revise miscellaneous specified administrative requirements.

Directs the Secretary of the Interior to take specified actions regarding oil and gas royalties, including: (1) a pilot project assessing costs and benefits of automatic transmission of certain data produced under federal leases on the Outer Continental Shelf (OCS); (2) determination and reporting of BTU values of natural gas from federal leases; and (3) final regulations concerning required recordkeeping of natural gas measurement data.

Modifies oil and gas leasing requirements under the Mineral Leasing Act, adding requirements for coal mine methane recovery.

Amends the Land and Water Conservation Fund Act to: (1) extend the Land and Water Conservation Fund through FY2040; (2) make $900 million available from the Fund each fiscal year without further appropriation; and (3) revise requirements for allocation of funds for federal purposes and financial assistance to states.

Sets forth a public land leasing program for commercial wind or solar energy development.

Amends the Mineral Leasing Act to set forth a uranium leasing program on specified public lands.

Designates specified OCS Regions for federal renewable and nonrenewable energy resources development. Directs the Secretaries of the Interior and of Commerce to establish Regional Outer Continental Shelf Councils to: (1) coordinate siting and development of energy resources; and (2) prepare OCS Strategic Plans.

Establishes in the Treasury the Ocean Resources Conservation and Assistance Fund (ORCA), from which grants shall be made to: (1) coastal states and affected Indian tribes; (2) the Ocean, Coastal and Great Lakes Grants Program (to be established under this Act); and (3) Regional Ocean Partnerships.

Amends the Energy Policy Act of 2005 to repeal: (1) royalty incentives for natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) royalty relief for deep water production in the Gulf of Mexico.

Directs the Secretary of the Interior to establish an annual production incentive fee for specified leases of federal onshore and offshore lands for production of oil or natural gas under which production is not occurring in commercial quantities.

Prohibits the following authorities from developing or approving a fishery management plan to permit or regulate offshore aquaculture: (1) the Secretary of Commerce; (2) the Administrator of the National Oceanic and Atmospheric Administration; or (3) the Regional Fishery Management Councils. Declares invalid any permit issued for the conduct of offshore aquaculture.