[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.''.
                                 ______