S.Amdt. 6427

1. Adds TITLE __--AMERICAN OFFSHORE WORKER FAIRNESS wherever appropriate

   Adds a title

   Inserted: TITLE __--AMERICAN OFFSHORE WORKER FAIRNESS

   Inserted: SEC. _1. SHORT TITLE.

   Inserted: This title may be cited as the "American Offshore Worker Fairness Act".

   Inserted: SEC. _2. MANNING AND CREWING REQUIREMENTS FOR CERTAIN OUTER CONTINENTAL SHELF VESSELS, VEHICLES, AND STRUCTURES.

   Inserted: (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--

   Inserted: (1) in paragraph (1)(C), by striking "; and" and inserting a period;

   Inserted: (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:

   Inserted: "(c) Exemptions.--

   Inserted: "(1) In general.--The regulations issued under subsection (a)(3) shall not apply to any vessel"; and

   Inserted: (3) in paragraph (2)--

   Inserted: (A) by striking "(2) to any vessel" and inserting the following:

   Inserted: "(2) Exemption for certain foreign-owned vessels, rigs, platforms, and other vehicles or structures.--

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   Inserted: "(A) In general.--Subject to the requirements of this paragraph, the regulations issued under subsection (a)(3) shall not apply to any vessel";

   Inserted: (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

   Inserted: (C) by adding at the end the following:

   Inserted: "(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--

   Inserted: "(i) a citizen of the United States;

   Inserted: "(ii) an alien lawfully admitted to the United States for permanent residence; or

   Inserted: "(iii) a citizen of the nation under the laws of which the vessel, rig, platform, or other vehicle or structure is documented.

   Inserted: "(C) Requirements.--An exemption under subparagraph (A)--

   Inserted: "(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

   Inserted: "(ii) subject to subparagraph (D), shall be effective for not more than 1 year.

   Inserted: "(D) Application.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(E) Revocations.--

   Inserted: "(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--

   Inserted: "(I) was false or incomplete; or

   Inserted: "(II) is no longer true or complete.

   Inserted: "(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--

   Inserted: "(I) was not authorized by the exemption; or

   Inserted: "(II) does not otherwise comply with this paragraph.

   Inserted: "(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.

   Inserted: "(F) Review of compliance.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(i) is manned or crewed in violation of this paragraph; or

   Inserted: "(ii) operates under the exemption, if the Secretary of the department in which the Coast Guard is operating determines that--

   Inserted: "(I) the exemption was not validly obtained; or

   Inserted: "(II) information provided in the application for the exemption was false or incomplete.

   Inserted: "(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.".

   Inserted: (b) Regulations.--

   Inserted: (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).

   Inserted: (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.

   Inserted: (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.

   Inserted: (c) Existing Exemptions.--

   Inserted: (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--

   Inserted: (A) shall remain in effect; and

   Inserted: (B) shall not be affected by the amendments made by subsection (a).

   Inserted: (2) Termination.--On the day after the last day of the period described in paragraph (1), each exemption described in that paragraph shall terminate.

   Inserted: (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).

   Inserted: (4) Different terminations.--The following types of vessels shall have exemptions terminations that are different than what is specified under paragraph (1):

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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).

   Inserted: (e) Annual Report.--

   Inserted: (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.

   Inserted: (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--

   Inserted: (A) the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure;

   Inserted: (B) the flag of the vessel, rig, platform, or other vehicle or structure;

   Inserted: (C) the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and

   Inserted: (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).

   Inserted: SEC. _3. CUSTOMS AND BORDER PROTECTION TRANSPARENCY PROMOTION.

   Inserted: Chapter 551 of title 46, United States Code, is amended by inserting after section 55101 the following:

   Inserted: "SEC. 55101A. PETITIONS BY DOMESTIC INTERESTED PARTIES.

   Inserted: "(a) Definitions.--

   Inserted: "(1) Interested party.--As used in this section, the term 'interested party' means a party where--

   Inserted: "(A) the owner or operator of a vessel engaged in coastwise trade;

   Inserted: "(B) a manufacturer of coastwise qualified vessels;

   Inserted: "(C) a certified labor organization, recognized labor organization, or group of workers or mariners which is representative of an industry engaged or employed in--

   Inserted: "(i) the coastwise trade; or

   Inserted: "(ii) coastwise qualified vessel construction;

   Inserted: "(D) a trade or business association a majority of whose members are--

   Inserted: "(i) owners or operators of vessels engaged in coastwise trade; or

   Inserted: "(ii) manufacturers of coastwise qualified vessels; oe

   Inserted: "(E) an association, a majority of whose members are composed of persons described in subparagraphs (A) through (D).

   Inserted: "(2) Secretary.--The term 'Secretary' means the Secretary of the Department in which the Coast Guard is operating.

   Inserted: "(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--

   Inserted: "(1) its understanding of the factual scenario;

   Inserted: "(2) the outcome of the decision that it believes to be proper in the provided factual scenario; and

   Inserted: "(3) the reasons for its belief.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: SEC. _4. RULES OF CONSTRUCTION.

   Inserted: (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)).

   Inserted: (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.

   Inserted: SEC. _5. NOTIFICATION.

   Inserted: (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.

   Inserted: (b) Publication of Notices.--

   Inserted: (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.

   Inserted: (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).

   Inserted: SEC. _6. PUBLICATION OF FINES AND PENALTIES.

   Inserted: Section 55102 of title 46, United States Code, is amended by adding at the end the following:

   Inserted: "(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:

   Inserted: "(1) The name of the vessel involved in the penalty.

   Inserted: "(2) The name of the owner of the vessel involved in the penalty.

   Inserted: "(3) The amount of the fine or value of merchandise seized as a result of the violation.

   Inserted: "(4) A summary of the alleged misconduct and justification for imposing a penalty.

   Inserted: "(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.".

   Inserted: SEC. _7. PROHIBITION ON JONES ACT PENALTY MITIGATION.

   Inserted: 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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As printed