Section 1 Short title
This Act may be cited as the “American Offshore Worker Fairness Act”.
American Offshore Worker Fairness Act
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.
Sec. 2 Manning and crewing requirements for certain outer Continental Shelf vessels, vehicles, and structures
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—
in paragraph (1)(C), by striking “; and” and inserting a period;
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”
in paragraph (2)—
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”
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
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.”
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).
Existing exemptions—
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—
shall remain in effect; and
shall not be affected by the amendments made by subsection (a).
Termination— On the day after the last day of the period described in paragraph (1), each exemption described in that paragraph shall terminate.
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).
Annual report—
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.
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—
the name and International Maritime Organization number of the vessel, rig, platform, or other vehicle or structure;
the flag of the vessel, rig, platform, or other vehicle or structure;
the nationality of the 1 or more owners of the vessel, rig, platform, or other vehicle or structure; and
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).