[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6728 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6728
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.
_______________________________________________________________________
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.
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) 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).
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