H.R. 6728House117th Congress (2021-2023)In Committee

American Offshore Worker Fairness Act

Introduced February 15, 2022

AI-Generated Summary

Updated February 8, 2026 at 9:26 AM UTC

The American Offshore Worker Fairness Act changes the Outer Continental Shelf Lands Act to let certain offshore vessels, rigs, platforms and similar structures obtain a temporary exemption from the usual U.S. crew‑size and citizenship rules. The exemption mainly applies to foreign‑owned units but requires that crew members be U.S. citizens, lawful permanent residents, or citizens of the vessel’s flag nation, and limits non‑U.S. crew to 2.5 times the number required by the flag state’s laws. Exemptions last up to one year, require an application to the Coast Guard‑operating department, and are subject to inspection, revocation, and civil penalties. The law also mandates annual reporting of all granted exemptions to Congress.

Key Provisions

  • Allows a limited exemption from standard manning and crewing requirements for offshore vessels, rigs, platforms, and other structures.
  • Exemption applies only when crew are U.S. citizens, permanent residents, or citizens of the vessel’s flag state; non‑U.S. crew may not exceed 2.5 times the flag‑state‑required number.
  • Exemptions are granted for up to one year after the owner/operator submits an application and sworn statement to the Secretary of the department overseeing the Coast Guard.
  • The Secretary may revoke an exemption for false or incomplete information or if the vessel is crewed contrary to the exemption terms, with notice to the owner/operator.
  • Requires annual inspections of exempt vessels; all crew must hold a valid Transportation Worker Identification Credential.
  • Imposes civil penalties of up to $10,000 per day for violations or for operating under an invalid exemption.
  • Existing exemptions remain in effect for 120 days after enactment, then terminate; the Secretary must notify holders of termination.
  • Mandates that the Secretary issue implementing regulations within 90 days and submit an annual report to Congress listing each exemption, vessel name, IMO number, flag, and ownership.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Energy and Mineral Resources.

February 24, 2022

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HouseIntro Referral

Introduced in House

February 15, 2022

HouseIntro Referral

Referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

February 15, 2022

HouseCommittee

Referred to the Subcommittee on Coast Guard and Maritime Transportation.

February 16, 2022

HouseCommittee

Referred to the Subcommittee on Energy and Mineral Resources.

February 24, 2022

Floor Debate

23 members

What members said about H.R. 6728 on the floor

16 Republicans7 Democrats
Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Mar 29, 2022

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6865) to authorize appropriations for the Coast Guard, and for other purposes, as amended. Mr. Speaker, I ask unanimous consent that…

Sam Graves
Rep. Sam GravesR-MO-6 · Mar 29, 2022

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 6865, the Don Young Coast Guard Authorization Act of 2022, an important piece of legislation that…

André Carson
Rep. André CarsonD-IN-7 · Mar 29, 2022

Madam Speaker, I rise to speak in support of H.R. 6865, the Don Young Coast Guard Reauthorization Act of 2022. I'd like to first acknowledge the sudden passing of Don Young, the Dean of the House,…

Bob Gibbs
Rep. Bob GibbsR-OH-7 · Mar 29, 2022

Mr. Speaker, I am pleased to rise today in support of H.R. 6865, the Don Young Coast Guard Authorization Act of 2022. The bill represents this Congress' commitment to the men and women serving in the…

Salud O. Carbajal
Rep. Salud O. CarbajalD-CA-24 · Mar 29, 2022

Mr. Speaker, I would like to express my support for H.R. 6865, this year's Coast Guard Authorization Act, which is named in honor of our departed colleague, Mr. Don Young, who tirelessly advocated…

Show 8 more
John Garamendi
Rep. John GaramendiD-CA-3 · Mar 29, 2022

Mr. Speaker, I strongly support the Coast Guard Authorization Act of 2022, and I would like to thank the chairman and the ranking member, also Mr. Carbajal and the minority team for putting together…

Garret Graves
Rep. Garret GravesR-LA-6 · Mar 29, 2022

Mr. Speaker, first of all, I want to thank Chairman DeFazio, Ranking Member Sam Graves, Subcommittee Chair Carbajal, and Ranking Member Gibbs for their bipartisan efforts on this legislation. I want…

David Rouzer
Rep. David RouzerR-NC-7 · Mar 29, 2022

Mr. Speaker, it is so fitting that today we are passing the Coast Guard reauthorization bill, a very good bipartisan piece of legislation, naming it in honor of our dear friend and colleague, Don…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Mar 29, 2022

Mr. Speaker, I thank the gentleman from Missouri for yielding. What a great tribute, to be naming this Coast Guard reauthorization bill after Don Young. While we mourn his loss today and pay tribute…

William R. Keating
Rep. William R. KeatingD-MA-9 · Mar 29, 2022

Mr. Speaker, I associate myself with the remarks of my colleagues regarding our late colleague Don Young, my friend, someone I worked with on fishing issues, ferry issues, air service issues. He will…

Tim Burchett
Rep. Tim BurchettR-TN-2 · Mar 29, 2022

Mr. Speaker, I stand here not to talk about the bill but to talk about my friend, Don Young. When I first got up here, I told Don that I was an avid gold panner in Knoxville, Tennessee, yet, in my…

Jake Auchincloss
Rep. Jake AuchinclossD-MA-4 · Mar 29, 2022

Mr. Speaker, I thank the chairman for working with me to meet President Biden's goal of deploying 30 gigawatts of offshore wind energy by 2030 as we transition to a clean energy economy. While I…

Elaine G. Luria
Rep. Elaine G. LuriaD-VA-2 · Mar 29, 2022

Madam Speaker, I come from a coastal district in Virginia, and the responsibilities and duties of the Coast Guard are integral to our everyday activities. While I will vote to support the Don Young…

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Eric A. "Rick" Crawford
Rep. Eric A. "Rick" CrawfordR-AR-1 · Mar 29, 2022

Mr. Speaker, I thank the gentleman from Missouri for yielding. I rise today to recognize the passing of my friend and colleague, Representative Don Young. While many accomplished and effective men…

Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Mar 29, 2022

Mr. Speaker, what can you say about Don in 30 seconds? I always saw him as a captain, the tugboat captain, the captain of the ship. Don was the captain of this ship, this great institution, the…

Ken Calvert
Rep. Ken CalvertR-CA-42 · Mar 29, 2022

Mr. Speaker, I rise in support of this legislation. Don represented Alaska in this House for nearly as long as Alaska has been a State. Don was a ferocious advocate for the people he represented, not…

Steve Chabot
Rep. Steve ChabotR-OH-1 · Mar 29, 2022

Mr. Speaker, I had the honor to serve 26 years here in the House with Don Young. There is an expression some of our Texans have about not messing with Texas. Well, with Don Young, you knew not to…

Jefferson Van Drew
Rep. Jefferson Van DrewR-NJ-2 · Mar 29, 2022

Madam Speaker, I rise in support of the Don Young Coast Guard Authorization Act of 2022. Congressman Young brought a distinct candor and a character to Congress. This body and our country are better…

Nicole Malliotakis
Rep. Nicole MalliotakisR-NY-11 · Mar 29, 2022

Madam Speaker, my district is home to Coast Guard Station New York and is the largest Coast Guard station on the East Coast. This legislation authorizes $1.2 million in needed repairs to ensure their…

Darrell Issa
Rep. Darrell IssaR-CA-50 · Mar 29, 2022

Madam Speaker, Don Young has 50 years of stories, and I will tell you just one in 20 seconds. Madam Speaker, Don Young, faced with a young Member wanting to affect bypass mail in Alaska, could have…

Troy Balderson
Rep. Troy BaldersonR-OH-12 · Mar 29, 2022

Madam Speaker, I thank the gentleman for yielding. I rise in support of the Don Young Coast Guard Authorization Act, which ensures that the dedicated men and women of the U.S. Coast Guard are…

Michael Guest
Rep. Michael GuestR-MS-3 · Mar 29, 2022

Madam Speaker, I rise today in honor of the life and service of the late Congressman Don Young of Alaska, former dean of the United States House of Representatives. It is fitting that this Coast…

Chip Roy
Rep. Chip RoyR-TX-21 · Mar 29, 2022

Madam Speaker, on that I demand the yeas and nays.

Bill Text

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Introduced in HouseIssued February 15, 2022

I

117th CONGRESS

2d Session

H. R. 6728

IN THE HOUSE OF REPRESENTATIVES

February 15, 2022

Mr. Graves of Louisiana (for himself and Mr. Garamendi) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Outer Continental Shelf Lands Act to provide for an exemption to the manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures, and for other purposes.

1.

Short title

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

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)

by striking (c) The regulations issued under subsection (a)(3) of this section and all that follows through to any vessel, rig, platform, or other vehicle or structure if and inserting the following:

(c)

Exemptions

(1)

In general

The regulations issued under subsection (a)(3) shall not apply to any vessel, rig, platform, or other vehicle or structure if

; and

(3)

in paragraph (2)—

(A)

by striking the exploration, development, or production of oil and gas and inserting exploring for, developing, or producing resources, including nonmineral energy resources,;

(B)

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

; 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

(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

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 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) (as amended by subsection (a)).

(c)

Existing exemptions

(1)

In general

During the 120-day 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 such paragraph shall terminate.

(3)

Notification

Not later than 60 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).

(d)

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).