[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5942-S5944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6427. Mr. CASSIDY submitted an amendment intended to be proposed
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--AMERICAN OFFSHORE WORKER FAIRNESS
SEC. _1. SHORT TITLE.
This title 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.--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.
``(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 clause (ii) or
(iii) of subparagraph (B) 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 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.
``(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--
``(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
[[Page S5943]]
``(II) information provided in the application for the
exemption was false or incomplete.
``(H) Notification of 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) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall promulgate
regulations that specify the application requirements and
process and other requirements for an exemption under
subsection (c)(2)(A) of section 30 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356).
(2) Application of letters of determination process.--
Regulations that specify that the regular complement of the
crew regulations and process for making such determinations
under subsections (b) and (c) of section 141.15 of title 33,
Code of Federal Regulations, respectively is available to
vessels with an exemption under this section. In promulgating
these regulations, the Secretary shall update the list of the
positions that are not part of the regular compliment of the
crew, in consultation with the Maritime Administration.
Further, the Secretary shall promulgate regulations
specifying that any Letter of Determination request that are
not approved within 20 business days are deemed approved.
(3) Letter of exemption process.--Regulations specifying
that the letter of exemption process provided under section
141.20(a)(2) of title 33, Code of Federal Regulations, is
available to foreign flagged vessels. Further, the Secretary
shall promulgate regulations specifying that any Letter of
Exemption request that are not approved within 30 business
days are deemed approved.
(c) Existing Exemptions.--
(1) In general.--During the two-year period beginning on
the date of enactment of this Act, each exemption granted
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
the date of enactment of this Act) before the date of
enactment of this Act--
(A) shall remain in effect; and
(B) shall not be affected by the amendments made by
subsection (a).
(2) Termination.--On the day after the last day of the
period described in paragraph (1), each exemption described
in that paragraph shall terminate.
(3) Notification.--Not later than one year 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).
(4) Different terminations.--The following types of vessels
shall have exemptions terminations that are different than
what is specified under paragraph (1):
(A) Wind Turbine Installation Vessels meeting the
requirements of section 30(c)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356(c)(2)) may employ individuals
from any nation for a period of 4 years after the date of
enactment of this Act. However, nothing in this subparagraph
shall be construed as allowing such vessels to operate
without an exemption.
(B) Mobile offshore drilling units and drill ships meeting
the requirements of section 30(c)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356(c)(2)) may employ individuals
from any nation as part of their manning and crewing
complement during this period. However, nothing in this
subparagraph shall be construed as allowing such vessels to
operate without an exemption.
(C) Installation vessels meeting the requirements of
section 30(c)(2) of the Outer Continental Shelf Lands Act (43
U.S.C. 1356(c)(2)) may employ individuals from any nation as
part of their manning and crewing complement during this
period. However, nothing in this subparagraph shall be
construed as allowing such vessels to operate without an
exemption.
(D) Training vessels meeting the requirements of section
30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1356(c)(2)) may employ individuals from any nation as part of
their manning and crewing complement for a period of three
years after the date of enactment of this Act if such vessels
are currently training a sufficient number of U.S. citizens
to man or crew the vessel.
(d) Interim Exemptions.--After the date of enactment of
this Act, but prior to the last day of the period described
in subsection (c)(1), vessels, meeting the requirements of
section 30(c)(2) of the Outer Continental Shelf Lands Act (43
U.S.C. 1356(c)(2)), shall complete an application provided by
the Secretary for an exemption that expires on the day after
the last day of the period described in subsection (c)(1).
(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 flag of the vessel, rig, platform, or other vehicle
or structure;
(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 date of
enactment of this Act).
SEC. _3. CUSTOMS AND BORDER PROTECTION TRANSPARENCY
PROMOTION.
Chapter 551 of title 46, United States Code, is amended by
inserting after section 55101 the following:
``SEC. 55101A. PETITIONS BY DOMESTIC INTERESTED PARTIES.
``(a) Definitions.--
``(1) Interested party.--As used in this section, the term
`interested party' means a party where--
``(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; oe
``(E) an association, a majority of whose members are
composed of persons described in subparagraphs (A) through
(D).
``(2) Secretary.--The term `Secretary' means the Secretary
of the Department in which the Coast Guard is operating.
``(b) Interpretive Rulings.--The Secretary shall, upon
written request by an interested party, furnish, within 60
days, an interpretive ruling regarding a non-coastwise
qualified vessel's activities and compliance with United
States laws in United States internal waters, the territorial
sea, and the waters of the outer Continental Shelf, including
the vessel's compliance with section 55101 to 55121, and
section 50503 of this title. If the interested party believes
that the conclusion of such interpretive ruling, or any other
interpretive ruling regarding the interpretation,
application, or enforcement of the coastwise laws, is
incorrect, it may file a petition with the Secretary setting
forth--
``(1) its understanding of the factual scenario;
``(2) the outcome of the decision that it believes to be
proper in the provided factual scenario; and
``(3) the reasons for its belief.
``(c) Determination on Petition.--If, after receipt and
consideration of a petition filed by such an interested
party, the Secretary determines that the conclusion reached
in the contested letter is not correct, the Secretary shall
determine the proper outcome and notify the interested party
of the Secretary's determination within 60 days.
``(d) Contest by Petitioner.--If the Secretary determines
that the contested interpretive ruling filed pursuant to
subsection (b) is correct, the Secretary shall notify the
interested party within 30 days. The interested party may
file an appeal, not later than 30 days after the date of the
notification to contest the ruling. Upon receipt of an appeal
from the interested party, the Secretary shall make a
determination of the interpretive ruling as presented in the
ruling letter within seven days.
``(e) Review of Interpretive Ruling.--Within 90 days after
the petitioner files the notice in subparagraph (d) of a
desire to contest a ruling, any interested party may commence
an action in any United States District Court, subject to the
venue requirements of section 1391 of title 28, United States
Code, 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.--
Regulations shall be prescribed by the Secretary to implement
the procedures required under this section no later than 90
days after the date of enactment of this section.''.
SEC. _4. RULES OF CONSTRUCTION.
(a) Outer Continental Shelf Lands Act.--Nothing in this
title or the amendments made by this title 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)).
(b) Ruling Letters.--Nothing in this title or the
amendments made by this title may be construed as
congressional validation of a ruling letter, interpretative
guidance, doctrine or other action issued by the Secretary of
Homeland Security.
[[Page S5944]]
SEC. _5. NOTIFICATION.
(a) Advance Notification Required.--Prior to engaging in
any activity or operations on the outer Continental Shelf,
the operator of a foreign-flag vessel used in such activity
or operations shall file with the Secretary a notification
describing all activities and operations to be performed on
the outer Continental Shelf and an identification of
applicable ruling letters issued by the Secretary that have
approved the use of a foreign-flag vessel in a substantially
similar activity or operation.
(b) Publication of Notices.--
(1) Publication.--The Secretary shall publish a
notification under subsection (a) in the Customs Bulletin and
Decisions within 14 days of receipt of such notification.
(2) Confidential information.--The Secretary shall redact
any information exempt from disqclosure under section 552 of
title 5, United States Code, in a notification published
under paragraph (1).
SEC. _6. PUBLICATION OF FINES AND PENALTIES.
Section 55102 of title 46, United States Code, is amended
by adding at the end the following:
``(d) Publication of Penalty.--Upon the seizure by the
Federal Government of any merchandise, the issuance of a pre-
penalty notice, or the issuance of a final penalty (including
a settlement) under subsection (c), the Secretary shall
publish a notification in the Customs Bulletin and Decisions
within seven days of effectuating such seizure of
merchandise, or issuing any such penalty notice to the
affected party. The notification shall include, at a minimum,
the following:
``(1) The name of the vessel involved in the penalty.
``(2) The name of the owner of the vessel involved in the
penalty.
``(3) The amount of the fine or value of merchandise seized
as a result of the violation.
``(4) A summary of the alleged misconduct and justification
for imposing a penalty.
``(e) Regulations.--The Secretary shall prescribe
regulations to implement subsection (d) within 90 days after
the date of enactment of such subsection, particularly
regarding information to be contained in the notification, or
amend any other regulations relating to penalties issued by
Customs & Border Protection in order to implement this
section.''.
SEC. _7. PROHIBITION ON JONES ACT PENALTY MITIGATION.
Section 55102(c) of title 46, United States Code, is
amended by inserting ``The Secretary may not mitigate or
lower any such penalty amount.'' after ``transported.''.
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