[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3038 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3038

     To improve manning and crewing requirements for certain outer 
  Continental Shelf vessels, vehicles, and structures, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2023

  Mr. Cassidy introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To improve manning and crewing requirements for certain outer 
  Continental Shelf vessels, vehicles, and structures, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Offshore Worker Fairness 
Act''.

SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL 
              SHELF VESSELS, VEHICLES, AND STRUCTURES.

    (a) Authorization of Limited Exemptions From Manning and Crew 
Requirement.--Section 30(c) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1356(c)) is amended--
            (1) in paragraph (1)(C), by striking ``; and'' and 
        inserting a period;
            (2) beginning in the matter preceding paragraph (1), by 
        striking ``(c) The regulations issued under subsection (a)(3) 
        of this section'' and all that follows through ``to any 
        vessel'' in paragraph (1) and inserting the following:
    ``(c) Exemptions.--
            ``(1) In general.--The regulations issued under subsection 
        (a)(3) shall not apply to any vessel''; and
            (3) in paragraph (2)--
                    (A) by striking ``(2) to any vessel'' and inserting 
                the following:
            ``(2) Exemption for certain foreign-owned vessels, rigs, 
        platforms, and other vehicles or structures.--
                    ``(A) In general.--Subject to the requirements of 
                this paragraph, the regulations issued under subsection 
                (a)(3) shall not apply to any vessel'';
                    (B) in subparagraph (A) (as so designated), by 
                striking ``the exploration, development, or production 
                of oil and gas'' and inserting ``exploring for, 
                developing, or producing resources, including 
                nonmineral energy resources,''; and
                    (C) by adding at the end the following:
                    ``(B) Condition.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), an exemption under subparagraph (A) 
                        shall be subject to the condition that each 
                        individual who is manning or crewing the 
                        vessel, rig, platform, or other vehicle or 
                        structure is--
                                    ``(I) a citizen of the United 
                                States;
                                    ``(II) an alien lawfully admitted 
                                to the United States for permanent 
                                residence; or
                                    ``(III) a citizen of the nation 
                                under the laws of which the vessel, 
                                rig, platform, or other vehicle or 
                                structure is documented.
                            ``(ii) Timeline for application.--
                                    ``(I) In general.--Subject to 
                                subclause (II), beginning on the 
                                effective date of the American Offshore 
                                Workers Fairness Act, the condition 
                                described in clause (i) shall apply to 
                                all activities pursuant to this Act on 
                                the outer Continental Shelf.
                                    ``(II) Export cable lay, inter-
                                array cable lay, umbilical cable lay, 
                                and pipe lay activities.--Beginning on 
                                the date that is 3 years after the 
                                effective date of the American Offshore 
                                Workers Fairness Act, the condition 
                                described in clause (i) shall apply, 
                                except as provided in section 30A, to 
                                vessels paying out--
                                            ``(aa) export cables;
                                            ``(bb) inter-array cables;
                                            ``(cc) umbilical cables; or
                                            ``(dd) pipes.
                            ``(iii) Permanent exemption for certain 
                        vessels performing heavy offshore lifts and 
                        offshore wind component parts.--Beginning on 
                        the effective date of the American Offshore 
                        Workers Fairness Act, the condition described 
                        in clause (i) shall not apply to--
                                    ``(I) a vessel that--
                                            ``(aa) performs an offshore 
                                        lift in excess of 1,000 metric 
                                        tons; and
                                            ``(bb) has a crane with a 
                                        height capability of 180 
                                        meters; or
                                    ``(II) an offshore wind component 
                                part (including an offshore wind 
                                transition piece, nacelle, or blade) 
                                that--
                                            ``(aa) is part of the 
                                        installation of an offshore 
                                        wind turbine; and
                                            ``(bb) is less than 1,000 
                                        metric tons.
                            ``(iv) Definitions.--In this subparagraph:
                                    ``(I) Offshore lift.--
                                            ``(aa) In general.--The 
                                        term `offshore lift' means an 
                                        individual lift, or a sequence 
                                        of lifts, conducted by a crane 
                                        on a vessel with slewing and 
                                        luffing capabilities for an 
                                        activity described in item (bb) 
                                        from the time that the lifting 
                                        activity begins, when unlading 
                                        from a vessel or removing the 
                                        topside or subsea component, 
                                        until the time that the lifting 
                                        activity is terminated.
                                            ``(bb) Activities.--The 
                                        activities described in this 
                                        item are unlading, 
                                        installation, or removal 
                                        involving platform jackets, 
                                        monopiles, a gravity-based or 
                                        other subsea foundation, wind 
                                        energy transition piece, wind 
                                        energy towers, wind turbine 
                                        nacelles, wind energy blades, 
                                        or wind turbine rotors and 
                                        hubs.
                                    ``(II) Paying out.--
                                            ``(aa) In general.--The 
                                        term `paying out', with respect 
                                        to pipe or cable, means the 
                                        specific act of paying out 
                                        pipe, export cable, inter-array 
                                        cable, or umbilical cable.
                                            ``(bb) Exclusions.--The 
                                        term `paying out' does not 
                                        include repair or other 
                                        activities incidental to the 
                                        paying out of pipe, export 
                                        cable, inter-array cable, or 
                                        umbilical cable, such as--

                                                    ``(AA) site 
                                                clearance;

                                                    ``(BB) trenching;

                                                    ``(CC) dredging;

                                                    ``(DD) mattress 
                                                installation;

                                                    ``(EE) cable tie-
                                                ins;

                                                    ``(FF) installation 
                                                of pipeline end 
                                                terminations or 
                                                pipeline end manifolds;

                                                    ``(GG) the setting 
                                                or moving of any 
                                                anchors associated with 
                                                the cable or pipe;

                                                    ``(HH) offshore 
                                                cable or pipe burial; 
                                                and

                                                    ``(II) other 
                                                activities that are not 
                                                the actual paying of 
                                                the pipe or cable.

                    ``(C) Requirements.--An exemption under 
                subparagraph (A)--
                            ``(i) shall provide that the number of 
                        individuals manning or crewing the vessel, rig, 
                        platform, or other vehicle or structure who are 
                        individuals described in subclause (II) or 
                        (III) of subparagraph (B)(i) may not exceed 2.5 
                        times the number of individuals required to man 
                        or crew the vessel, rig, platform, or other 
                        vehicle or structure under the laws of the 
                        nation in which the vessel, rig, platform, or 
                        other vehicle or structure is documented; and
                            ``(ii) subject to subparagraph (D), shall 
                        be effective for not more than 1 year.
                    ``(D) Application.--
                            ``(i) In general.--The owner or operator of 
                        a vessel, rig, platform, or other vehicle or 
                        structure described in subparagraph (A) may 
                        submit to the Secretary of the department in 
                        which the Coast Guard is operating an 
                        application for an exemption or a renewal or 
                        extension of an exemption under that 
                        subparagraph.
                            ``(ii) Contents.--An application under 
                        clause (i) shall include a sworn statement by 
                        the applicant of all information required by 
                        the Secretary of the department in which the 
                        Coast Guard is operating for the issuance of 
                        the exemption or renewal or extension.
                    ``(E) Revocations.--
                            ``(i) In general.--The Secretary of the 
                        department in which the Coast Guard is 
                        operating may revoke an exemption for a vessel, 
                        rig, platform, or other vehicle or structure 
                        under subparagraph (A) if the Secretary of the 
                        department in which the Coast Guard is 
                        operating determines that information provided 
                        in the application for the exemption or renewal 
                        or extension of such an exemption--
                                    ``(I) was false or incomplete; or
                                    ``(II) is no longer true or 
                                complete.
                            ``(ii) Manning or crewing violation.--The 
                        Secretary of the department in which the Coast 
                        Guard is operating shall immediately revoke an 
                        exemption for a vessel, rig, platform, or other 
                        vehicle or structure under subparagraph (A) if 
                        the Secretary of the department in which the 
                        Coast Guard is operating determines that, 
                        during the effective period of the exemption, 
                        the vessel, rig, platform, or other vehicle or 
                        structure was manned or crewed in a manner 
                        that--
                                    ``(I) was not authorized by the 
                                exemption; or
                                    ``(II) does not otherwise comply 
                                with this paragraph.
                            ``(iii) Notice.--The Secretary of the 
                        department in which the Coast Guard is 
                        operating shall provide notice of a 
                        determination and revocation under clause (i) 
                        or (ii) to the owner, operator, agent, or 
                        master of the vessel, rig, platform, or other 
                        vehicle or structure.
                    ``(F) Review of compliance.--
                            ``(i) In general.--The Secretary of the 
                        department in which the Coast Guard is 
                        operating shall periodically, but not less 
                        frequently than annually, inspect each vessel, 
                        rig, platform, or other vehicle or structure 
                        for which an exemption under subparagraph (A) 
                        has been granted to verify the compliance of 
                        the vessel, rig, platform, or other vehicle or 
                        structure with this paragraph.
                            ``(ii) Requirement.--During each inspection 
                        of a vessel, rig, platform, or other vehicle or 
                        structure under clause (i), the Secretary of 
                        the department in which the Coast Guard is 
                        operating shall require all individuals who are 
                        manning or crewing the vessel, rig, platform, 
                        or other vehicle or structure to hold a valid 
                        Transportation Worker Identification 
                        Credential.
                    ``(G) Civil penalties.--The Secretary of the 
                department in which the Coast Guard is operating may 
                impose on the owner or operator of a vessel, rig, 
                platform, or other vehicle or structure for which an 
                exemption under subparagraph (A) has been granted a 
                civil penalty of $10,000 per day for each day the 
                vessel, rig, platform, or other vehicle or structure--
                            ``(i) is manned or crewed in violation of 
                        this paragraph; or
                            ``(ii) operates under the exemption, if the 
                        Secretary of the department in which the Coast 
                        Guard is operating determines that--
                                    ``(I) the exemption was not validly 
                                obtained; or
                                    ``(II) information provided in the 
                                application for the exemption was false 
                                or incomplete.
                    ``(H) Notification to secretary of state.--The 
                Secretary of the department in which the Coast Guard is 
                operating shall notify the Secretary of State of each 
                exemption issued under this subsection, including 
                information on the effective period of the 
                exemption.''.
    (b) Exemption From All Documentation, Registry, and Manning 
Requirements.--Section 30 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1356) is amended by adding at the end the following:
    ``(d) Exemptions From Documentation, Registry, and Manning 
Requirements of This Section.--The regulations issued under subsection 
(a) shall not apply--
            ``(1) to a rig, or mobile offshore drilling unit, while 
        performing offshore drilling operations; and
            ``(2) to a floating production storage and offloading 
        unit.''.
    (c) Regulations.--Not later than 1 year after the effective date of 
this Act, the Secretary of the department in which the Coast Guard is 
operating shall promulgate regulations that specify the application 
requirements for an exemption under subsection (c)(2)(A) of section 30 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1356).
    (d) Existing Exemptions.--
            (1) In general.--Each exemption granted to a vessel before 
        the effective date of this Act under section 30(c)(2) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) (as in 
        effect on the day before such date) shall remain in effect 
        until the applicable date described in section 30(c)(2) of the 
        Outer Continental Shelf Lands Act (43 U.S.C.1356(c)(2)) (as 
        amended by this Act) based on the vessel's activity.
            (2) Termination.--On the day after the last day of the 
        period described in paragraph (1), each exemption described in 
        that paragraph shall terminate, except to the extent the 
        exemption is continued for certain vessels under section 30A of 
        the Outer Continental Shelf Lands Act.
            (3) Notification.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of the department in which 
        the Coast Guard is operating shall notify all persons that hold 
        an exemption described in paragraph (1) that the exemption will 
        terminate in accordance with paragraph (2).
    (e) Annual Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        of the department in which the Coast Guard is operating shall 
        submit to Congress a report that describes the number of 
        exemptions granted under subsection (c)(2)(A) of section 30 of 
        the Outer Continental Shelf Lands Act (43 U.S.C. 1356) during 
        the preceding year.
            (2) Requirements.--Each report under paragraph (1) shall 
        list for each vessel, rig, platform, or other vehicle or 
        structure granted an exemption during the preceding year--
                    (A) the name and International Maritime 
                Organization number of the vessel, rig, platform, or 
                other vehicle or structure;
                    (B) the nation in which the vessel, rig, platform, 
                or other vehicle or structure is documented;
                    (C) the nationality of the 1 or more owners of the 
                vessel, rig, platform, or other vehicle or structure; 
                and
                    (D) any changes to the information described in 
                subparagraphs (A) through (C) applicable to the vessel, 
                rig, platform, or other vehicle or structure if the 
                vessel, rig, platform, or other vehicle or structure 
                has received a prior exemption under subsection 
                (c)(2)(A) of section 30 of the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1356) or section 30(c)(2) of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 
                1356(c)(2)) (as in effect on the day before the 
                effective date of this Act).
    (f) Pipe, Inter-Array Cable, Umbilical Cable, or Export Cable Lay 
Vessels.--
            (1) In general.--The Outer Continental Shelf Lands Act (43 
        U.S.C. 1301 et seq.) is amended by inserting after section 30 
        (43 U.S.C. 1356) the following:

``SEC. 30A. PIPE, INTER-ARRAY CABLE, UMBILICAL CABLE, OR EXPORT CABLE 
              LAY PROJECTS.

    ``(a) Initial Determination.--
            ``(1) In general.--Not prior to 180 days before the date on 
        which subclause (II) of section 30(c)(2)(B)(ii) takes effect, 
        the Secretary shall determine for each category of vessel 
        described in paragraph (2) whether there exists a coastwise-
        endorsed vessel.
            ``(2) Categories.--The categories of vessels described in 
        this paragraph are the following:
                    ``(A) Pipe lay vessels.
                    ``(B) Inter-array cable lay vessels.
                    ``(C) Umbilical cable lay vessels.
                    ``(D) Export cable lay vessels.
    ``(b) Application.--In the case the Secretary determines under 
subsection (a) that a coastwise-endorsed vessel does not exist for a 
category of vessels described in subsection (a)(2), a vessel in such 
category shall, beginning on the date on which the Secretary makes such 
determination, be exempt from the condition under section 30(c)(2)(B) 
with respect to an applicable project.
    ``(c) Requests for Determinations of Coastwise-Endorsed Vessels.--
            ``(1) New determinations.--After the date on which the 
        determination is made under subsection (a), the owner or 
        operator of a vessel in the applicable category may seek a new 
        determination from the Secretary that a coastwise-endorsed 
        vessel for such category exists.
            ``(2) Application to non-coastwise-endorsed vessels.--If 
        the Secretary makes a determination under paragraph (1) that a 
        coastwise-endorsed vessel for the applicable category exists, 
        then the owner or operator of a vessel in such category that is 
        not coastwise-endorsed shall seek a determination under 
        paragraph (3) of the availability of a coastwise-endorsed 
        vessel in such category for an applicable project before 
        engaging in any such applicable project that has not commenced 
        or resumed prior to such determination under paragraph (1) that 
        a coastwise-endorsed vessel for the applicable category exists.
            ``(3) Determination of availability.--
                    ``(A) In general.--As soon as practicable in 
                accordance with this paragraph, the Secretary shall 
                determine whether a coastwise-endorsed vessel in the 
                applicable category is available for the project that 
                is the subject of a request under paragraph (2). The 
                Secretary shall determine that a coastwise-endorsed 
                vessel in the applicable category is not available for 
                such project if--
                            ``(i) the owner or operator of the non-
                        coastwise endorsed vessel making the request 
                        under paragraph (2) submits to the Secretary an 
                        application for the use of such vessel for such 
                        project that includes all relevant information 
                        and requirements for such project, including 
                        engineering details and timing requirements;
                            ``(ii) not later than 30 days after 
                        receiving such an application, the Secretary 
                        provides a copy of the application to the owner 
                        of each coastwise-endorsed vessel in the 
                        applicable category that is listed in the 
                        inventory under section 12138(b) of title 46, 
                        United States Code, and promptly publishes in 
                        the Federal Register a notice--
                                    ``(I) describing the applicable 
                                project;
                                    ``(II) advising that all relevant 
                                information reasonably needed to assess 
                                the transportation and installation 
                                requirements for the pipe, inter-array 
                                cables, umbilical cables, or export 
                                cables, as applicable, used in the 
                                applicable project will be made 
                                available to an interested person upon 
                                request; and
                                    ``(III) requesting that information 
                                on the availability for such applicable 
                                project of coastwise-endorsed vessels 
                                in the applicable category be submitted 
                                within the 30-day period beginning on 
                                the date of such publication; and
                            ``(iii)(I) within such 30-day period, no 
                        information is submitted to the Secretary from 
                        owners or operators of coastwise-endorsed 
                        vessels in the applicable category to meet the 
                        requirements of the applicable project 
                        described in the application submitted under 
                        clause (i); or
                            ``(II) the owner or operator of a 
                        coastwise-endorsed vessel in the applicable 
                        category submits information to the Secretary 
                        asserting that the owner or operator has a 
                        suitable coastwise-endorsed vessel in the 
                        applicable category to meet the requirements of 
                        the applicable project described in such 
                        application, but the Secretary determines, in 
                        consultation with the Commandant of the Coast 
                        Guard, within 90 days after the notice is first 
                        published, that such vessel is not suitable or 
                        reasonably available for the transportation 
                        required for such applicable project and no 
                        other such vessel for which such information 
                        has been so submitted is so suitable and 
                        reasonably available for such transportation.
                    ``(B) Guidance.--For the purpose of providing 
                guidance on making determinations regarding suitability 
                or availability under this paragraph, the Secretary, to 
                the maximum extent practicable, shall contract with the 
                American Bureau of Shipping or another classification 
                society recognized by the Secretary as meeting 
                acceptable standards to provide such guidance.
            ``(4) Impact of determination.--
                    ``(A) Coastwise-endorsed vessel availability.--
                After the date on which a determination is made under 
                paragraph (3) that a coastwise-endorsed vessel in the 
                applicable category is available for an applicable 
                project, the owner or operator of a vessel in the 
                applicable category that is not coastwise-endorsed--
                            ``(i) shall engage only in applicable 
                        project for which the vessel began or resumed 
                        prior to the date of the determination under 
                        paragraph (1) that a coastwise-endorsed vessel 
                        in the applicable category exists and pursuant 
                        to the exemption under subsection (b); and
                            ``(ii) may not engage or resume in any 
                        further applicable projects until the vessel is 
                        in compliance with the condition under section 
                        30(c)(2)(B) of the Outer Continental Shelf 
                        Lands Act (43 U.S.C. 1356(c)(2)(B)).
                    ``(B) No coastwise-endorsed vessel availability.--
                After the date on which a determination is made under 
                paragraph (3) that a coastwise-endorsed vessel in the 
                applicable category is not available for an applicable 
                project, the owner or operator of the vessel in the 
                applicable category that is not coastwise-endorsed 
                shall be permitted to engage in the applicable project 
                as authorized under subsection (b) without regard to 
                whether such project has commenced or resumed prior to 
                the date of the determination under paragraph (1) that 
                a coastwise-endorsed vessel in the applicable category 
                exists.
            ``(5) Time periods.--The Secretary shall not extend any 
        period under paragraph (3)(A) beyond the period as required 
        under such paragraph.
            ``(6) Deemed approval.--If the Secretary has failed to take 
        an action required of the Secretary under paragraph (3)(A) 
        within the period required for such action under such paragraph 
        with respect to an application submitted under clause (i) of 
        such paragraph, the owner or operator who submitted such 
        application shall be deemed permitted under paragraph (4)(B) to 
        engage in the applicable project that is the subject of such 
        application.
    ``(d) Coordination.--The Secretary shall coordinate with the 
Secretary of the department in which the Coast Guard is operating in 
order to apply an exemption determined under this section to the 
condition under section 30(c)(2)(B) with respect to an applicable 
project.
    ``(e) Definitions.--In this section:
            ``(1) Applicable category.--The term `applicable category', 
        with respect to a vessel for which a determination is made 
        under subsection (a), means the category of such vessel as 
        described in paragraph (2) of such subsection.
            ``(2) Applicable project.--The term `applicable project'--
                    ``(A) with respect to a pipe lay vessel, means a 
                project paying out pipe;
                    ``(B) with respect to an inter-array cable lay 
                vessel, means a project paying out inter-array cables;
                    ``(C) with respect to an umbilical cable lay 
                vessel, means a project paying out umbilical cables; 
                and
                    ``(D) with respect to an export cable lay vessel, 
                means a project paying out export cables.
            ``(3) Coastwise-endorsed.--The term `coastwise-endorsed', 
        with respect to a vessel, means that the vessel has been issued 
        a certificate of documentation with a coastwise endorsement 
        under chapter 121 of title 46, United States Code.
            ``(4) Inter-array cable vessel.--The term `inter-array' 
        cable lay `vessel' means a vessel paying out inter-array cables 
        to which section 30(c)(2)(B)(ii)(II) applies, including paying 
        out a submarine inter-array cable described in section 12138(b) 
        of title 46, United States Code.
            ``(5) Export cable lay vessel.--The term `export cable lay 
        vessel' means a vessel paying out export cables to which 
        section 30(c)(2)(B)(ii)(II) applies, including paying out a 
        submarine export cable described in section 12138(b) of title 
        46, United States Code.
            ``(6) Pipe lay vessel.--The term `pipe lay vessel' means a 
        vessel paying out pipe to which section 30(c)(2)(B)(ii)(II) 
        applies, including paying out a submarine pipe described in 
        such section 12138(b).
            ``(7) Umbilical cable lay vessel.--The term `umbilical 
        cable' lay `vessel' means a vessel paying out umbilical cables 
        to which section 30(c)(2)(B)(ii)(II) applies, including paying 
        out a submarine umbilical cable described in such section 
        12138(b).
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.''.
            (2) Inventory.--Section 12138(b) of title 46, United States 
        Code, is amended--
                    (A) in the heading, by striking ``Vessels for Cable 
                Laying, Maintenance, and Repair'' and inserting 
                ``Vessels for Paying Out Pipe, Inter-array Cables, 
                Umbilical Cables, or Export Cables, Maintenance, and 
                Repair''; and
                    (B) by amending paragraph (1) to read as follows:
            ``(1) In general.--The Secretary of Transportation shall 
        develop, maintain, and periodically update an inventory of 
        vessels that--
                    ``(A) are documented under this chapter;
                    ``(B) are at least 200 feet in length; and
                    ``(C) have the capability to pay out, maintain, or 
                repair a submarine export cable, inter-array cable, 
                umbilical cable, or pipe without regard to whether a 
                particular vessel is classed as a cable or pipe lay 
                ship or cable or pipe lay vessel.'';
                    (C) by amending paragraph (2)(B) to read as 
                follows:
                    ``(B) the abilities and limitations of the vessel 
                with respect to paying out, maintaining, and repairing 
                a submarine export, inter-array, or umbilical cable or 
                submarine pipeline; and''; and
                    (D) by adding at the end the following:
            ``(4) Categories.--For purposes of subsection (c)(3)(A)(ii) 
        of section 30A of the Outer Continental Shelf Lands Act, the 
        Secretary of Transportation shall note the category of each 
        vessel included in the inventory under this subsection in 
        accordance with the categories described in subsection (a)(2) 
        of such section 30A.''.
    (g) Savings Provisions.--
            (1) In general.--Nothing in this section or the amendments 
        made by this section shall authorize a pipe lay vessel, inter-
        array cable lay vessel, umbilical cable lay vessel, or export 
        cable lay vessel that is not coastwise-endorsed to engage in 
        the transportation of merchandise in coastwise trade.
            (2) Definitions.--In this subsection:
                    (A) Coastwise-endorsed.--The term ``coastwise-
                endorsed'' has the meaning given the term in section 
                30A(e) of the Outer Continental Shelf Lands Act, as 
                added by subsection (f)(1).
                    (B) Export cable lay vessel; inter-array cable lay 
                vessel; pipe lay vessel; and umbilical cable lay 
                vessel.--The terms ``export cable lay vessel'', 
                ``inter-array'' cable lay ``vessel'', ``pipe lay 
                vessel'', and ``umbilical cable'' lay ``vessel'' have 
                the meanings given such terms in section 30A(e) of the 
                Outer Continental Shelf Lands Act, as added by 
                subsection (f)(1).
    (h) Rule of Construction.--Nothing in this section or an amendment 
made by this section shall be construed as adopting any agency 
interpretations of any provisions of, or terms within, chapter 551 of 
title 46, United States Code.

SEC. 3. ENFORCEMENT.

    (a) Prohibition on Jones Act Penalty Mitigation.--Section 55102(c) 
of title 46, United States Code, is amended--
            (1) by striking ``Merchandise'' and inserting the 
        following:
            ``(1) In general.--Merchandise''; and
            (2) by adding at the end the following:
            ``(2) No mitigation.--The Secretary shall not mitigate or 
        lower any such penalty amount.''.
    (b) Publication of Penalties.--Section 55102 of title 46, United 
States Code, is amended by adding at the end the following:
    ``(d) Publication of Penalties.--
            ``(1) In general.--Upon final agency action regarding a 
        violation of this section, with respect to a vessel that does 
        not have a coastwise endorsement under chapter 121 of this 
        title or is not otherwise authorized to engage in the coastwise 
        trade, the Secretary of the department in which the Coast Guard 
        is operating shall publish a notification in the Customs 
        Bulletin and Decisions within 7 days of such agency action.
            ``(2) Contents.--The notification under paragraph (1) shall 
        include, at a minimum--
                    ``(A) the name of the vessel involved in the 
                violation;
                    ``(B) the name of the owner of the vessel involved;
                    ``(C) the amount of the fine or value of 
                merchandise seized as a result of the violation of 
                subsection (b); and
                    ``(D) a summary of the misconduct and justification 
                for imposing a penalty.
    ``(e) Regulations.--By not later than 90 days after the effective 
date of the American Offshore Worker Fairness Act, the Secretary of 
Homeland Security shall prescribe regulations implementing subsection 
(d), which may include amending regulations relating to penalties 
issued by U.S. Customs and Border Protection, particularly with respect 
to the information to be contained in the notification under such 
subsection.''.
    (c) Notification.--
            (1) Advance notification required.--Prior to engaging in 
        any activity or operations on the outer Continental Shelf (as 
        defined in section 2 of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1331)), the operator of a foreign vessel used in 
        such activity or operations shall file with the Secretary of 
        Homeland Security a notification describing all activities and 
        operations to be performed on the outer Continental Shelf and, 
        if applicable, an identification of applicable ruling letters 
        issued by the Secretary that have approved the use of a foreign 
        vessel in an identical activity or operation.
            (2) Publication of notices.--
                    (A) Publication.--The Secretary shall publish a 
                notification under paragraph (1) in the Customs 
                Bulletin and Decisions within 14 days of receipt of 
                such notification.
                    (B) Confidential information.--The Secretary shall 
                redact any information exempt from disclosure under 
                section 552 of title 5, United States Code, in a 
                notification published under subparagraph (A).
            (3) Exceptions.--This subsection shall not apply to--
                    (A) any vessel that--
                            (i) is performing an offshore lift, as 
                        defined in section 30(c)(2)(B)(iv)(I) of the 
                        Outer Continental Shelf Lands Act (43 U.S.C. 
                        1356 (c)(2)(B)(iv)(I)); and
                            (ii) has a crane height capability of 180 
                        meters; and
                    (B) any rig or unit described in section 30(d) of 
                such Act (43 U.S.C. 1356(d)).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME CENTERS OF 
              EXCELLENCE; GRANT LIMITATION.

    (a) Amendment to NDAA 2023.--Section 3501(a)(4)(B) of the James. M. 
Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public 
Law 117-263) is amended--
            (1) by striking ``$30,000,000'' and inserting 
        ``$80,000,000''; and
            (2) by inserting ``, except that a covered training entity 
        may not receive more than $10,000,000 under such section for a 
        fiscal year'' after ``United States Code''.
    (b) Fiscal Years 2024-2028.--There are authorized to be 
appropriated $80,000,000 for each of fiscal years 2024 through 2028 for 
the Maritime Centers of Excellence, including to make grants authorized 
under section 51706 of title 46, United States Code.
    (c) Grant Limitation.--Section 51706(b) of title 46, United States 
Code, is amended by adding at the end the following:
            ``(5) Limitation.--A covered training entity may not 
        receive more than $10,000,000 under this section for a fiscal 
        year.''.

SEC. 5. INTERPRETIVE RULING PROCESS.

    (a) In General.--Chapter 551 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 55124. Interpretive ruling process
    ``(a) Definitions.--In this section:
            ``(1) Coastwise qualified vessel.--The term `coastwise 
        qualified vessel' has the meaning given the term in section 
        55108 of this title.
            ``(2) Interested party.--The term `interested party' 
        means--
                    ``(A) the owner or operator of a vessel engaged in 
                coastwise trade;
                    ``(B) a manufacturer of coastwise qualified 
                vessels;
                    ``(C) a certified labor organization, recognized 
                labor organization, or group of workers or mariners 
                which is representative of an industry engaged or 
                employed in--
                            ``(i) the coastwise trade; or
                            ``(ii) coastwise qualified vessel 
                        construction;
                    ``(D) a trade or business association, a majority 
                of whose members are--
                            ``(i) owners or operators of vessels 
                        engaged in coastwise trade; or
                            ``(ii) manufacturers of coastwise qualified 
                        vessels; or
                    ``(E) an association, a majority of whose members 
                are composed of persons described in subparagraphs (A) 
                through (D).
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of the Department in which the Coast Guard is operating.
    ``(b) Interpretive Rulings Process.--Upon written request by an 
interested party, the Secretary shall furnish, by not later than 60 
days after such request, an interpretive ruling regarding a non-
coastwise qualified vessel's activities and compliance with United 
States laws in the internal waters of the United States, the 
territorial sea, and the waters of the outer Continental Shelf, 
including the vessel's compliance with sections 50503 and 55101 through 
55121 of this title.
    ``(c) Petition.--
            ``(1) In general.--After the Secretary furnishes an 
        interpretive ruling requested under subsection (b) or any other 
        interpretive ruling regarding the interpretation, application, 
        or enforcement of the coastwise laws, an interested party that 
        believes the ruling is incorrect may file a petition with the 
        Secretary setting forth--
                    ``(A) the interested party's understanding of the 
                factual scenario;
                    ``(B) the outcome of the decision that the 
                interested party believes to be proper in the provided 
                factual scenario; and
                    ``(C) the reasons for the belief of the interested 
                party.
            ``(2) Publication.--The Secretary shall publish online--
                    ``(A) the name of an interested party filing a 
                petition under paragraph (1); and
                    ``(B) the ruling that such party believes is 
                incorrect.
    ``(d) Determination on Petition.--
            ``(1) Correction of interpretive ruling.--If, after receipt 
        and consideration of a petition filed under subsection (c) by 
        an interested party, the Secretary determines that the 
        conclusion reached in the contested interpretive ruling is not 
        correct, the Secretary shall, by not later than 60 days after 
        such receipt, determine the proper outcome and notify the 
        interested party of the Secretary's determination.
            ``(2) Contest by petitioner.--
                    ``(A) Determination.--If after receipt and 
                consideration of a petition filed under subsection (c) 
                by an interested party, the Secretary determines that 
                the contested interpretive ruling under subsection (b) 
                is correct, the Secretary shall, by not later than 30 
                days after such receipt, notify the interested party.
                    ``(B) Appeal.--An interested party that receives a 
                notice under subparagraph (A) may file an appeal to 
                contest the ruling by not later than 30 days after the 
                date of the notification. Upon receipt of an appeal 
                from the interested party, the Secretary shall make a 
                determination of the interpretive ruling as presented 
                in the original ruling under subsection (b) by not 
                later than 7 days after the receipt of the appeal.
            ``(3) Publication.--Not later than 3 days after making a 
        determination under paragraph (1) or (2), the Secretary shall 
        publish online such determination.
    ``(e) Review of Interpretive Ruling.--Not later than 90 days after 
the Secretary makes a determination regarding an interpretive ruling 
under subsection (d)(2)(B), any interested party may commence an action 
in any district court of the United States, subject to the venue 
requirements of section 1391 of title 28, by filing concurrently a 
summons and complaint, each with the content and in the form, manner, 
and style prescribed by the rules of such court, contesting any legal 
conclusions of the Secretary.
    ``(f) Regulations Implementing Required Procedures.--By not later 
than 90 days after the effective date of this section, the Secretary 
shall prescribe regulations to implement the procedures required under 
this section.''.
    (b) Conforming Amendment.--The table of sections for chapter 551 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 55123 the following:

``Sec. 55124. Interpretive ruling process.''.

SEC. 6. REGULATIONS REGARDING AFFIRMATION OF AUTHORITY FOR NON-OIL AND 
              GAS OPERATIONS ON THE OUTER CONTINENTAL SHELF.

    Not later than 90 days after the effective date of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
promulgate regulations to implement the amendment made by section 9503 
of the William M. (Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4822) to section 
4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) 
with respect to laws administered by such Secretary.

SEC. 7. RULES OF CONSTRUCTION.

    (a) Outer Continental Shelf Lands Act.--Nothing in this Act or the 
amendments made by this Act may be construed to nullify or supersede 
any other provision of law relating to the outer Continental Shelf (as 
such term is defined in section 2 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331)), except as expressly provided in this Act or an 
amendment made by this Act.
    (b) Ruling Letters.--Nothing in this Act or the amendments made by 
this Act may be construed as congressional validation of a ruling 
letter, interpretative guidance, or doctrine issued, or other action 
taken, by the Secretary of Homeland Security.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of the 
department in which the Coast Guard is operating and the Secretary of 
Transportation such sums as may be necessary to carry out this Act and 
the amendments made by this Act.

SEC. 9. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
the day that is 1 year after the date of enactment of this Act.
                                 <all>