II 

118TH CONGRESS 

1ST SESSION S. 3038 

To improve manning and crewing requirements for certain outer Continental 

Shelf vessels, vehicles, and structures, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 4, 2023 

Mr. CASSIDY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To improve manning and crewing requirements for certain 

outer Continental Shelf vessels, vehicles, and structures, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Offshore 

5 Worker Fairness Act’’. 

6 SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CER7 TAIN OUTER CONTINENTAL SHELF VESSELS, 

8 VEHICLES, AND STRUCTURES. 

9 (a) AUTHORIZATION OF LIMITED EXEMPTIONS

10 FROM MANNING AND CREW REQUIREMENT.—Section 


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1 30(c) of the Outer Continental Shelf Lands Act (43 

2 U.S.C. 1356(c)) is amended— 

3 (1) in paragraph (1)(C), by striking ‘‘; and’’ 

4 and inserting a period; 

5 (2) beginning in the matter preceding para6 graph (1), by striking ‘‘(c) The regulations issued 

7 under subsection (a)(3) of this section’’ and all that 

8 follows through ‘‘to any vessel’’ in paragraph (1) 

9 and inserting the following: 

10 ‘‘(c) EXEMPTIONS.— 

11 ‘‘(1) IN GENERAL.—The regulations issued 

12 under subsection (a)(3) shall not apply to any ves13 sel’’; and 

14 (3) in paragraph (2)— 

15 (A) by striking ‘‘(2) to any vessel’’ and in16 serting the following: 

17 ‘‘(2) EXEMPTION FOR CERTAIN FOREIGN18 OWNED VESSELS, RIGS, PLATFORMS, AND OTHER

19 VEHICLES OR STRUCTURES.— 

20 ‘‘(A) IN GENERAL.—Subject to the re21 quirements of this paragraph, the regulations 

22 issued under subsection (a)(3) shall not apply 

23 to any vessel’’; 

24 (B) in subparagraph (A) (as so des25 ignated), by striking ‘‘the exploration, developVerDate Sep 11 2014 23:59 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3038.IS S3038

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1 ment, or production of oil and gas’’ and insert2 ing ‘‘exploring for, developing, or producing re3 sources, including nonmineral energy re4 sources,’’; and 

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

6 ‘‘(B) CONDITION.— 

7 ‘‘(i) IN GENERAL.—Subject to clauses 

8 (ii) and (iii), an exemption under subpara9 graph (A) shall be subject to the condition 

10 that each individual who is manning or 

11 crewing the vessel, rig, platform, or other 

12 vehicle or structure is— 

13 ‘‘(I) a citizen of the United 

14 States; 

15 ‘‘(II) an alien lawfully admitted 

16 to the United States for permanent 

17 residence; or 

18 ‘‘(III) a citizen of the nation 

19 under the laws of which the vessel, 

20 rig, platform, or other vehicle or 

21 structure is documented. 

22 ‘‘(ii) TIMELINE FOR APPLICATION.— 

23 ‘‘(I) IN GENERAL.—Subject to 

24 subclause (II), beginning on the effec25 tive date of the American Offshore 


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1 Workers Fairness Act, the condition 

2 described in clause (i) shall apply to 

3 all activities pursuant to this Act on 

4 the outer Continental Shelf. 

5 ‘‘(II) EXPORT CABLE LAY, 

6 INTER-ARRAY CABLE LAY, UMBILICAL

7 CABLE LAY, AND PIPE LAY ACTIVI8 TIES.—Beginning on the date that is 

9 3 years after the effective date of the 

10 American Offshore Workers Fairness 

11 Act, the condition described in clause 

12 (i) shall apply, except as provided in 

13 section 30A, to vessels paying out— 

14 ‘‘(aa) export cables; 

15 ‘‘(bb) inter-array cables; 

16 ‘‘(cc) umbilical cables; or 

17 ‘‘(dd) pipes. 

18 ‘‘(iii) PERMANENT EXEMPTION FOR

19 CERTAIN VESSELS PERFORMING HEAVY

20 OFFSHORE LIFTS AND OFFSHORE WIND

21 COMPONENT PARTS.—Beginning on the ef22 fective date of the American Offshore 

23 Workers Fairness Act, the condition de24 scribed in clause (i) shall not apply to— 

25 ‘‘(I) a vessel that— 


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1 ‘‘(aa) performs an offshore 

2 lift in excess of 1,000 metric 

3 tons; and 

4 ‘‘(bb) has a crane with a 

5 height capability of 180 meters; 

6 or 

7 ‘‘(II) an offshore wind component 

8 part (including an offshore wind tran9 sition piece, nacelle, or blade) that— 

10 ‘‘(aa) is part of the installa11 tion of an offshore wind turbine; 

12 and 

13 ‘‘(bb) is less than 1,000 

14 metric tons. 

15 ‘‘(iv) DEFINITIONS.—In this subpara16 graph: 

17 ‘‘(I) OFFSHORE LIFT.— 

18 ‘‘(aa) IN GENERAL.—The 

19 term ‘offshore lift’ means an in20 dividual lift, or a sequence of 

21 lifts, conducted by a crane on a 

22 vessel with slewing and luffing 

23 capabilities for an activity de24 scribed in item (bb) from the 

25 time that the lifting activity beVerDate Sep 11 2014 23:59 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3038.IS S3038

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1 gins, when unlading from a vessel 

2 or removing the topside or subsea 

3 component, until the time that 

4 the lifting activity is terminated. 

5 ‘‘(bb) ACTIVITIES.—The ac6 tivities described in this item are 

7 unlading, installation, or removal 

8 involving platform jackets, 

9 monopiles, a gravity-based or 

10 other subsea foundation, wind 

11 energy transition piece, wind en12 ergy towers, wind turbine na13 celles, wind energy blades, or 

14 wind turbine rotors and hubs. 

15 ‘‘(II) PAYING OUT.— 

16 ‘‘(aa) IN GENERAL.—The 

17 term ‘paying out’, with respect to 

18 pipe or cable, means the specific 

19 act of paying out pipe, export 

20 cable, inter-array cable, or umbil21 ical cable. 

22 ‘‘(bb) EXCLUSIONS.—The 

23 term ‘paying out’ does not in24 clude repair or other activities in25 cidental to the paying out of 


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1 pipe, export cable, inter-array 

2 cable, or umbilical cable, such 

3 as— 

4 ‘‘(AA) site clearance; 

5 ‘‘(BB) trenching; 

6 ‘‘(CC) dredging; 

7 ‘‘(DD) mattress instal8 lation; 

9 ‘‘(EE) cable tie-ins; 

10 ‘‘(FF) installation of 

11 pipeline end terminations or 

12 pipeline end manifolds; 

13 ‘‘(GG) the setting or 

14 moving of any anchors asso15 ciated with the cable or pipe; 

16 ‘‘(HH) offshore cable 

17 or pipe burial; and 

18 ‘‘(II) other activities 

19 that are not the actual pay20 ing of the pipe or cable. 

21 ‘‘(C) REQUIREMENTS.—An exemption 

22 under subparagraph (A)— 

23 ‘‘(i) shall provide that the number of 

24 individuals manning or crewing the vessel, 

25 rig, platform, or other vehicle or structure 


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1 who are individuals described in subclause 

2 (II) or (III) of subparagraph (B)(i) may 

3 not exceed 2.5 times the number of indi4 viduals required to man or crew the vessel, 

5 rig, platform, or other vehicle or structure 

6 under the laws of the nation in which the 

7 vessel, rig, platform, or other vehicle or 

8 structure is documented; and 

9 ‘‘(ii) subject to subparagraph (D), 

10 shall be effective for not more than 1 year. 

11 ‘‘(D) APPLICATION.— 

12 ‘‘(i) IN GENERAL.—The owner or op13 erator of a vessel, rig, platform, or other 

14 vehicle or structure described in subpara15 graph (A) may submit to the Secretary of 

16 the department in which the Coast Guard 

17 is operating an application for an exemp18 tion or a renewal or extension of an ex19 emption under that subparagraph. 

20 ‘‘(ii) CONTENTS.—An application 

21 under clause (i) shall include a sworn 

22 statement by the applicant of all informa23 tion required by the Secretary of the de24 partment in which the Coast Guard is opVerDate Sep 11 2014 23:59 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3038.IS S3038

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1 erating for the issuance of the exemption 

2 or renewal or extension. 

3 ‘‘(E) REVOCATIONS.— 

4 ‘‘(i) IN GENERAL.—The Secretary of 

5 the department in which the Coast Guard 

6 is operating may revoke an exemption for 

7 a vessel, rig, platform, or other vehicle or 

8 structure under subparagraph (A) if the 

9 Secretary of the department in which the 

10 Coast Guard is operating determines that 

11 information provided in the application for 

12 the exemption or renewal or extension of 

13 such an exemption— 

14 ‘‘(I) was false or incomplete; or 

15 ‘‘(II) is no longer true or com16 plete. 

17 ‘‘(ii) MANNING OR CREWING VIOLA18 TION.—The Secretary of the department in 

19 which the Coast Guard is operating shall 

20 immediately revoke an exemption for a ves21 sel, rig, platform, or other vehicle or struc22 ture under subparagraph (A) if the Sec23 retary of the department in which the 

24 Coast Guard is operating determines that, 

25 during the effective period of the exempVerDate Sep 11 2014 23:59 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3038.IS S3038

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1 tion, the vessel, rig, platform, or other ve2 hicle or structure was manned or crewed in 

3 a manner that— 

4 ‘‘(I) was not authorized by the 

5 exemption; or 

6 ‘‘(II) does not otherwise comply 

7 with this paragraph. 

8 ‘‘(iii) NOTICE.—The Secretary of the 

9 department in which the Coast Guard is 

10 operating shall provide notice of a deter11 mination and revocation under clause (i) or 

12 (ii) to the owner, operator, agent, or mas13 ter of the vessel, rig, platform, or other ve14 hicle or structure. 

15 ‘‘(F) REVIEW OF COMPLIANCE.— 

16 ‘‘(i) IN GENERAL.—The Secretary of 

17 the department in which the Coast Guard 

18 is operating shall periodically, but not less 

19 frequently than annually, inspect each ves20 sel, rig, platform, or other vehicle or struc21 ture for which an exemption under sub22 paragraph (A) has been granted to verify 

23 the compliance of the vessel, rig, platform, 

24 or other vehicle or structure with this 

25 paragraph. 


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1 ‘‘(ii) REQUIREMENT.—During each 

2 inspection of a vessel, rig, platform, or 

3 other vehicle or structure under clause (i), 

4 the Secretary of the department in which 

5 the Coast Guard is operating shall require 

6 all individuals who are manning or crewing 

7 the vessel, rig, platform, or other vehicle or 

8 structure to hold a valid Transportation 

9 Worker Identification Credential. 

10 ‘‘(G) CIVIL PENALTIES.—The Secretary of 

11 the department in which the Coast Guard is op12 erating may impose on the owner or operator of 

13 a vessel, rig, platform, or other vehicle or struc14 ture for which an exemption under subpara15 graph (A) has been granted a civil penalty of 

16 $10,000 per day for each day the vessel, rig, 

17 platform, or other vehicle or structure— 

18 ‘‘(i) is manned or crewed in violation 

19 of this paragraph; or 

20 ‘‘(ii) operates under the exemption, if 

21 the Secretary of the department in which 

22 the Coast Guard is operating determines 

23 that— 

24 ‘‘(I) the exemption was not val25 idly obtained; or 


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1 ‘‘(II) information provided in the 

2 application for the exemption was 

3 false or incomplete. 

4 ‘‘(H) NOTIFICATION TO SECRETARY OF

5 STATE.—The Secretary of the department in 

6 which the Coast Guard is operating shall notify 

7 the Secretary of State of each exemption issued 

8 under this subsection, including information on 

9 the effective period of the exemption.’’. 

10 (b) EXEMPTION FROM ALL DOCUMENTATION, REG11 ISTRY, AND MANNING REQUIREMENTS.—Section 30 of the 

12 Outer Continental Shelf Lands Act (43 U.S.C. 1356) is 

13 amended by adding at the end the following: 

14 ‘‘(d) EXEMPTIONS FROM DOCUMENTATION, REG15 ISTRY, AND MANNING REQUIREMENTS OF THIS SEC16 TION.—The regulations issued under subsection (a) shall 

17 not apply— 

18 ‘‘(1) to a rig, or mobile offshore drilling unit, 

19 while performing offshore drilling operations; and 

20 ‘‘(2) to a floating production storage and off21 loading unit.’’. 

22 (c) REGULATIONS.—Not later than 1 year after the 

23 effective date of this Act, the Secretary of the department 

24 in which the Coast Guard is operating shall promulgate 

25 regulations that specify the application requirements for 


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1 an exemption under subsection (c)(2)(A) of section 30 of 

2 the Outer Continental Shelf Lands Act (43 U.S.C. 1356). 

3 (d) EXISTING EXEMPTIONS.— 

4 (1) IN GENERAL.—Each exemption granted to 

5 a vessel before the effective date of this Act under 

6 section 30(c)(2) of the Outer Continental Shelf 

7 Lands Act (43 U.S.C. 1356(c)(2)) (as in effect on 

8 the day before such date) shall remain in effect until 

9 the applicable date described in section 30(c)(2) of 

10 the Outer Continental Shelf Lands Act (43 

11 U.S.C.1356(c)(2)) (as amended by this Act) based 

12 on the vessel’s activity. 

13 (2) TERMINATION.—On the day after the last 

14 day of the period described in paragraph (1), each 

15 exemption described in that paragraph shall termi16 nate, except to the extent the exemption is continued 

17 for certain vessels under section 30A of the Outer 

18 Continental Shelf Lands Act. 

19 (3) NOTIFICATION.—Not later than 90 days 

20 after the date of enactment of this Act, the Sec21 retary of the department in which the Coast Guard 

22 is operating shall notify all persons that hold an ex23 emption described in paragraph (1) that the exemp24 tion will terminate in accordance with paragraph 

25 (2). 


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1 (e) ANNUAL REPORT.— 

2 (1) IN GENERAL.—Not later than 1 year after 

3 the date of enactment of this Act, and annually 

4 thereafter, the Secretary of the department in which 

5 the Coast Guard is operating shall submit to Con6 gress a report that describes the number of exemp7 tions granted under subsection (c)(2)(A) of section 

8 30 of the Outer Continental Shelf Lands Act (43 

9 U.S.C. 1356) during the preceding year. 

10 (2) REQUIREMENTS.—Each report under para11 graph (1) shall list for each vessel, rig, platform, or 

12 other vehicle or structure granted an exemption dur13 ing the preceding year— 

14 (A) the name and International Maritime 

15 Organization number of the vessel, rig, plat16 form, or other vehicle or structure; 

17 (B) the nation in which the vessel, rig, 

18 platform, or other vehicle or structure is docu19 mented; 

20 (C) the nationality of the 1 or more owners 

21 of the vessel, rig, platform, or other vehicle or 

22 structure; and 

23 (D) any changes to the information de24 scribed in subparagraphs (A) through (C) appli25 cable to the vessel, rig, platform, or other vehiVerDate Sep 11 2014 23:59 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3038.IS S3038

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1 cle or structure if the vessel, rig, platform, or 

2 other vehicle or structure has received a prior 

3 exemption under subsection (c)(2)(A) of section 

4 30 of the Outer Continental Shelf Lands Act 

5 (43 U.S.C. 1356) or section 30(c)(2) of the 

6 Outer Continental Shelf Lands Act (43 U.S.C. 

7 1356(c)(2)) (as in effect on the day before the 

8 effective date of this Act). 

9 (f) PIPE, INTER-ARRAY CABLE, UMBILICAL CABLE, 

10 OR EXPORT CABLE LAY VESSELS.— 

11 (1) IN GENERAL.—The Outer Continental Shelf 

12 Lands Act (43 U.S.C. 1301 et seq.) is amended by 

13 inserting after section 30 (43 U.S.C. 1356) the fol14 lowing: 

15 ‘‘SEC. 30A. PIPE, INTER-ARRAY CABLE, UMBILICAL CABLE, 

16 OR EXPORT CABLE LAY PROJECTS. 

17 ‘‘(a) INITIAL DETERMINATION.— 

18 ‘‘(1) IN GENERAL.—Not prior to 180 days be19 fore the date on which subclause (II) of section 

20 30(c)(2)(B)(ii) takes effect, the Secretary shall de21 termine for each category of vessel described in 

22 paragraph (2) whether there exists a coastwise-en23 dorsed vessel. 

24 ‘‘(2) CATEGORIES.—The categories of vessels 

25 described in this paragraph are the following: 


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1 ‘‘(A) Pipe lay vessels. 

2 ‘‘(B) Inter-array cable lay vessels. 

3 ‘‘(C) Umbilical cable lay vessels. 

4 ‘‘(D) Export cable lay vessels. 

5 ‘‘(b) APPLICATION.—In the case the Secretary deter6 mines under subsection (a) that a coastwise-endorsed ves7 sel does not exist for a category of vessels described in 

8 subsection (a)(2), a vessel in such category shall, begin9 ning on the date on which the Secretary makes such deter10 mination, be exempt from the condition under section 

11 30(c)(2)(B) with respect to an applicable project. 

12 ‘‘(c) REQUESTS FOR DETERMINATIONS OF COAST13 WISE-ENDORSED VESSELS.— 

14 ‘‘(1) NEW DETERMINATIONS.—After the date 

15 on which the determination is made under sub16 section (a), the owner or operator of a vessel in the 

17 applicable category may seek a new determination 

18 from the Secretary that a coastwise-endorsed vessel 

19 for such category exists. 

20 ‘‘(2) APPLICATION TO NON-COASTWISE-EN21 DORSED VESSELS.—If the Secretary makes a deter22 mination under paragraph (1) that a coastwise-en23 dorsed vessel for the applicable category exists, then 

24 the owner or operator of a vessel in such category 

25 that is not coastwise-endorsed shall seek a deterVerDate Sep 11 2014 04:42 Oct 06, 2023 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3038.IS S3038

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1 mination under paragraph (3) of the availability of 

2 a coastwise-endorsed vessel in such category for an 

3 applicable project before engaging in any such appli4 cable project that has not commenced or resumed 

5 prior to such determination under paragraph (1) 

6 that a coastwise-endorsed vessel for the applicable 

7 category exists. 

8 ‘‘(3) DETERMINATION OF AVAILABILITY.— 

9 ‘‘(A) IN GENERAL.—As soon as practicable 

10 in accordance with this paragraph, the Sec11 retary shall determine whether a coastwise-en12 dorsed vessel in the applicable category is avail13 able for the project that is the subject of a re14 quest under paragraph (2). The Secretary shall 

15 determine that a coastwise-endorsed vessel in 

16 the applicable category is not available for such 

17 project if— 

18 ‘‘(i) the owner or operator of the non19 coastwise endorsed vessel making the re20 quest under paragraph (2) submits to the 

21 Secretary an application for the use of 

22 such vessel for such project that includes 

23 all relevant information and requirements 

24 for such project, including engineering de25 tails and timing requirements; 


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1 ‘‘(ii) not later than 30 days after re2 ceiving such an application, the Secretary 

3 provides a copy of the application to the 

4 owner of each coastwise-endorsed vessel in 

5 the applicable category that is listed in the 

6 inventory under section 12138(b) of title 

7 46, United States Code, and promptly pub8 lishes in the Federal Register a notice— 

9 ‘‘(I) describing the applicable 

10 project; 

11 ‘‘(II) advising that all relevant 

12 information reasonably needed to as13 sess the transportation and installa14 tion requirements for the pipe, inter15 array cables, umbilical cables, or ex16 port cables, as applicable, used in the 

17 applicable project will be made avail18 able to an interested person upon re19 quest; and 

20 ‘‘(III) requesting that informa21 tion on the availability for such appli22 cable project of coastwise-endorsed 

23 vessels in the applicable category be 

24 submitted within the 30-day period 


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1 beginning on the date of such publica2 tion; and 

3 ‘‘(iii)(I) within such 30-day period, no 

4 information is submitted to the Secretary 

5 from owners or operators of coastwise-en6 dorsed vessels in the applicable category to 

7 meet the requirements of the applicable 

8 project described in the application sub9 mitted under clause (i); or 

10 ‘‘(II) the owner or operator of a coast11 wise-endorsed vessel in the applicable cat12 egory submits information to the Secretary 

13 asserting that the owner or operator has a 

14 suitable coastwise-endorsed vessel in the 

15 applicable category to meet the require16 ments of the applicable project described in 

17 such application, but the Secretary deter18 mines, in consultation with the Com19 mandant of the Coast Guard, within 90 

20 days after the notice is first published, 

21 that such vessel is not suitable or reason22 ably available for the transportation re23 quired for such applicable project and no 

24 other such vessel for which such informa25 tion has been so submitted is so suitable 


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1 and reasonably available for such transpor2 tation. 

3 ‘‘(B) GUIDANCE.—For the purpose of pro4 viding guidance on making determinations re5 garding suitability or availability under this 

6 paragraph, the Secretary, to the maximum ex7 tent practicable, shall contract with the Amer8 ican Bureau of Shipping or another classifica9 tion society recognized by the Secretary as 

10 meeting acceptable standards to provide such 

11 guidance. 

12 ‘‘(4) IMPACT OF DETERMINATION.— 

13 ‘‘(A) COASTWISE-ENDORSED VESSEL

14 AVAILABILITY.—After the date on which a de15 termination is made under paragraph (3) that 

16 a coastwise-endorsed vessel in the applicable 

17 category is available for an applicable project, 

18 the owner or operator of a vessel in the applica19 ble category that is not coastwise-endorsed— 

20 ‘‘(i) shall engage only in applicable 

21 project for which the vessel began or re22 sumed prior to the date of the determina23 tion under paragraph (1) that a coastwise24 endorsed vessel in the applicable category 


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1 exists and pursuant to the exemption 

2 under subsection (b); and 

3 ‘‘(ii) may not engage or resume in any 

4 further applicable projects until the vessel 

5 is in compliance with the condition under 

6 section 30(c)(2)(B) of the Outer Conti7 nental Shelf Lands Act (43 U.S.C. 

8 1356(c)(2)(B)). 

9 ‘‘(B) NO COASTWISE-ENDORSED VESSEL

10 AVAILABILITY.—After the date on which a de11 termination is made under paragraph (3) that 

12 a coastwise-endorsed vessel in the applicable 

13 category is not available for an applicable 

14 project, the owner or operator of the vessel in 

15 the applicable category that is not coastwise-en16 dorsed shall be permitted to engage in the ap17 plicable project as authorized under subsection 

18 (b) without regard to whether such project has 

19 commenced or resumed prior to the date of the 

20 determination under paragraph (1) that a 

21 coastwise-endorsed vessel in the applicable cat22 egory exists. 

23 ‘‘(5) TIME PERIODS.—The Secretary shall not 

24 extend any period under paragraph (3)(A) beyond 

25 the period as required under such paragraph. 


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1 ‘‘(6) DEEMED APPROVAL.—If the Secretary has 

2 failed to take an action required of the Secretary 

3 under paragraph (3)(A) within the period required 

4 for such action under such paragraph with respect 

5 to an application submitted under clause (i) of such 

6 paragraph, the owner or operator who submitted 

7 such application shall be deemed permitted under 

8 paragraph (4)(B) to engage in the applicable project 

9 that is the subject of such application. 

10 ‘‘(d) COORDINATION.—The Secretary shall coordi11 nate with the Secretary of the department in which the 

12 Coast Guard is operating in order to apply an exemption 

13 determined under this section to the condition under sec14 tion 30(c)(2)(B) with respect to an applicable project. 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) APPLICABLE CATEGORY.—The term ‘appli17 cable category’, with respect to a vessel for which a 

18 determination is made under subsection (a), means 

19 the category of such vessel as described in para20 graph (2) of such subsection. 

21 ‘‘(2) APPLICABLE PROJECT.—The term ‘appli22 cable project’— 

23 ‘‘(A) with respect to a pipe lay vessel, 

24 means a project paying out pipe; 


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1 ‘‘(B) with respect to an inter-array cable 

2 lay vessel, means a project paying out inter3 array cables; 

4 ‘‘(C) with respect to an umbilical cable lay 

5 vessel, means a project paying out umbilical ca6 bles; and 

7 ‘‘(D) with respect to an export cable lay 

8 vessel, means a project paying out export ca9 bles. 

10 ‘‘(3) COASTWISE-ENDORSED.—The term ‘coast11 wise-endorsed’, with respect to a vessel, means that 

12 the vessel has been issued a certificate of docu13 mentation with a coastwise endorsement under chap14 ter 121 of title 46, United States Code. 

15 ‘‘(4) INTER-ARRAY CABLE VESSEL.—The term 

16 ‘inter-array’ cable lay ‘vessel’ means a vessel paying 

17 out inter-array cables to which section 

18 30(c)(2)(B)(ii)(II) applies, including paying out a 

19 submarine inter-array cable described in section 

20 12138(b) of title 46, United States Code. 

21 ‘‘(5) EXPORT CABLE LAY VESSEL.—The term 

22 ‘export cable lay vessel’ means a vessel paying out 

23 export cables to which section 30(c)(2)(B)(ii)(II) ap24 plies, including paying out a submarine export cable 


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1 described in section 12138(b) of title 46, United 

2 States Code. 

3 ‘‘(6) PIPE LAY VESSEL.—The term ‘pipe lay 

4 vessel’ means a vessel paying out pipe to which sec5 tion 30(c)(2)(B)(ii)(II) applies, including paying out 

6 a submarine pipe described in such section 

7 12138(b). 

8 ‘‘(7) UMBILICAL CABLE LAY VESSEL.—The 

9 term ‘umbilical cable’ lay ‘vessel’ means a vessel 

10 paying out umbilical cables to which section 

11 30(c)(2)(B)(ii)(II) applies, including paying out a 

12 submarine umbilical cable described in such section 

13 12138(b). 

14 ‘‘(8) SECRETARY.—The term ‘Secretary’ means 

15 the Secretary of Transportation.’’. 

16 (2) INVENTORY.—Section 12138(b) of title 46, 

17 United States Code, is amended— 

18 (A) in the heading, by striking ‘‘VESSELS

19 FOR CABLE LAYING, MAINTENANCE, AND RE20 PAIR’’ and inserting ‘‘VESSELS FOR PAYING

21 OUT PIPE, INTER-ARRAY CABLES, UMBILICAL

22 CABLES, OR EXPORT CABLES, MAINTENANCE, 

23 AND REPAIR’’; and 

24 (B) by amending paragraph (1) to read as 

25 follows: 


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1 ‘‘(1) IN GENERAL.—The Secretary of Transpor2 tation shall develop, maintain, and periodically up3 date an inventory of vessels that— 

4 ‘‘(A) are documented under this chapter; 

5 ‘‘(B) are at least 200 feet in length; and 

6 ‘‘(C) have the capability to pay out, main7 tain, or repair a submarine export cable, inter8 array cable, umbilical cable, or pipe without re9 gard to whether a particular vessel is classed as 

10 a cable or pipe lay ship or cable or pipe lay ves11 sel.’’; 

12 (C) by amending paragraph (2)(B) to read 

13 as follows: 

14 ‘‘(B) the abilities and limitations of the 

15 vessel with respect to paying out, maintaining, 

16 and repairing a submarine export, inter-array, 

17 or umbilical cable or submarine pipeline; and’’; 

18 and 

19 (D) by adding at the end the following: 

20 ‘‘(4) CATEGORIES.—For purposes of subsection 

21 (c)(3)(A)(ii) of section 30A of the Outer Continental 

22 Shelf Lands Act, the Secretary of Transportation 

23 shall note the category of each vessel included in the 

24 inventory under this subsection in accordance with 


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1 the categories described in subsection (a)(2) of such 

2 section 30A.’’. 

3 (g) SAVINGS PROVISIONS.— 

4 (1) IN GENERAL.—Nothing in this section or 

5 the amendments made by this section shall authorize 

6 a pipe lay vessel, inter-array cable lay vessel, umbil7 ical cable lay vessel, or export cable lay vessel that 

8 is not coastwise-endorsed to engage in the transpor9 tation of merchandise in coastwise trade. 

10 (2) DEFINITIONS.—In this subsection: 

11 (A) COASTWISE-ENDORSED.—The term 

12 ‘‘coastwise-endorsed’’ has the meaning given the 

13 term in section 30A(e) of the Outer Continental 

14 Shelf Lands Act, as added by subsection (f)(1). 

15 (B) EXPORT CABLE LAY VESSEL; INTER16 ARRAY CABLE LAY VESSEL; PIPE LAY VESSEL; 

17 AND UMBILICAL CABLE LAY VESSEL.—The 

18 terms ‘‘export cable lay vessel’’, ‘‘inter-array’’ 

19 cable lay ‘‘vessel’’, ‘‘pipe lay vessel’’, and ‘‘um20 bilical cable’’ lay ‘‘vessel’’ have the meanings 

21 given such terms in section 30A(e) of the Outer 

22 Continental Shelf Lands Act, as added by sub23 section (f)(1). 

24 (h) RULE OF CONSTRUCTION.—Nothing in this sec25 tion or an amendment made by this section shall be conVerDate Sep 11 2014 04:42 Oct 06, 2023 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3038.IS S3038

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1 strued as adopting any agency interpretations of any pro2 visions of, or terms within, chapter 551 of title 46, United 

3 States Code. 

4 SEC. 3. ENFORCEMENT. 

5 (a) PROHIBITION ON JONES ACT PENALTY MITIGA6 TION.—Section 55102(c) of title 46, United States Code, 

7 is amended— 

8 (1) by striking ‘‘Merchandise’’ and inserting the 

9 following: 

10 ‘‘(1) IN GENERAL.—Merchandise’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(2) NO MITIGATION.—The Secretary shall not 

13 mitigate or lower any such penalty amount.’’. 

14 (b) PUBLICATION OF PENALTIES.—Section 55102 of 

15 title 46, United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘(d) PUBLICATION OF PENALTIES.— 

18 ‘‘(1) IN GENERAL.—Upon final agency action 

19 regarding a violation of this section, with respect to 

20 a vessel that does not have a coastwise endorsement 

21 under chapter 121 of this title or is not otherwise 

22 authorized to engage in the coastwise trade, the Sec23 retary of the department in which the Coast Guard 

24 is operating shall publish a notification in the CusVerDate Sep 11 2014 23:59 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3038.IS S3038

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1 toms Bulletin and Decisions within 7 days of such 

2 agency action. 

3 ‘‘(2) CONTENTS.—The notification under para4 graph (1) shall include, at a minimum— 

5 ‘‘(A) the name of the vessel involved in the 

6 violation; 

7 ‘‘(B) the name of the owner of the vessel 

8 involved; 

9 ‘‘(C) the amount of the fine or value of 

10 merchandise seized as a result of the violation 

11 of subsection (b); and 

12 ‘‘(D) a summary of the misconduct and 

13 justification for imposing a penalty. 

14 ‘‘(e) REGULATIONS.—By not later than 90 days after 

15 the effective date of the American Offshore Worker Fair16 ness Act, the Secretary of Homeland Security shall pre17 scribe regulations implementing subsection (d), which may 

18 include amending regulations relating to penalties issued 

19 by U.S. Customs and Border Protection, particularly with 

20 respect to the information to be contained in the notifica21 tion under such subsection.’’. 

22 (c) NOTIFICATION.— 

23 (1) ADVANCE NOTIFICATION REQUIRED.—Prior 

24 to engaging in any activity or operations on the 

25 outer Continental Shelf (as defined in section 2 of 


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1 the Outer Continental Shelf Lands Act (43 U.S.C. 

2 1331)), the operator of a foreign vessel used in such 

3 activity or operations shall file with the Secretary of 

4 Homeland Security a notification describing all ac5 tivities and operations to be performed on the outer 

6 Continental Shelf and, if applicable, an identification 

7 of applicable ruling letters issued by the Secretary 

8 that have approved the use of a foreign vessel in an 

9 identical activity or operation. 

10 (2) PUBLICATION OF NOTICES.— 

11 (A) PUBLICATION.—The Secretary shall 

12 publish a notification under paragraph (1) in 

13 the Customs Bulletin and Decisions within 14 

14 days of receipt of such notification. 

15 (B) CONFIDENTIAL INFORMATION.—The 

16 Secretary shall redact any information exempt 

17 from disclosure under section 552 of title 5, 

18 United States Code, in a notification published 

19 under subparagraph (A). 

20 (3) EXCEPTIONS.—This subsection shall not 

21 apply to— 

22 (A) any vessel that— 

23 (i) is performing an offshore lift, as 

24 defined in section 30(c)(2)(B)(iv)(I) of the 


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1 Outer Continental Shelf Lands Act (43 

2 U.S.C. 1356 (c)(2)(B)(iv)(I)); and 

3 (ii) has a crane height capability of 

4 180 meters; and 

5 (B) any rig or unit described in section 

6 30(d) of such Act (43 U.S.C. 1356(d)). 

7 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR MARI8 TIME CENTERS OF EXCELLENCE; GRANT LIM9 ITATION. 

10 (a) AMENDMENT TO NDAA 2023.—Section 

11 3501(a)(4)(B) of the James. M. Inhofe National Defense 

12 Authorization Act for Fiscal Year 2023 (Public Law 117– 

13 263) is amended— 

14 (1) by striking ‘‘$30,000,000’’ and inserting 

15 ‘‘$80,000,000’’; and 

16 (2) by inserting ‘‘, except that a covered train17 ing entity may not receive more than $10,000,000 

18 under such section for a fiscal year’’ after ‘‘United 

19 States Code’’. 

20 (b) FISCAL YEARS 2024–2028.—There are author21 ized to be appropriated $80,000,000 for each of fiscal 

22 years 2024 through 2028 for the Maritime Centers of Ex23 cellence, including to make grants authorized under sec24 tion 51706 of title 46, United States Code. 


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1 (c) GRANT LIMITATION.—Section 51706(b) of title 

2 46, United States Code, is amended by adding at the end 

3 the following: 

4 ‘‘(5) LIMITATION.—A covered training entity 

5 may not receive more than $10,000,000 under this 

6 section for a fiscal year.’’. 

7 SEC. 5. INTERPRETIVE RULING PROCESS. 

8 (a) IN GENERAL.—Chapter 551 of title 46, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 55124. Interpretive ruling process 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) COASTWISE QUALIFIED VESSEL.—The 

14 term ‘coastwise qualified vessel’ has the meaning 

15 given the term in section 55108 of this title. 

16 ‘‘(2) INTERESTED PARTY.—The term ‘inter17 ested party’ means— 

18 ‘‘(A) the owner or operator of a vessel en19 gaged in coastwise trade; 

20 ‘‘(B) a manufacturer of coastwise qualified 

21 vessels; 

22 ‘‘(C) a certified labor organization, recog23 nized labor organization, or group of workers or 

24 mariners which is representative of an industry 

25 engaged or employed in— 


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1 ‘‘(i) the coastwise trade; or 

2 ‘‘(ii) coastwise qualified vessel con3 struction; 

4 ‘‘(D) a trade or business association, a ma5 jority of whose members are— 

6 ‘‘(i) owners or operators of vessels en7 gaged in coastwise trade; or 

8 ‘‘(ii) manufacturers of coastwise quali9 fied vessels; or 

10 ‘‘(E) an association, a majority of whose 

11 members are composed of persons described in 

12 subparagraphs (A) through (D). 

13 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

14 the Secretary of the Department in which the Coast 

15 Guard is operating. 

16 ‘‘(b) INTERPRETIVE RULINGS PROCESS.—Upon writ17 ten request by an interested party, the Secretary shall fur18 nish, by not later than 60 days after such request, an in19 terpretive ruling regarding a non-coastwise qualified ves20 sel’s activities and compliance with United States laws in 

21 the internal waters of the United States, the territorial 

22 sea, and the waters of the outer Continental Shelf, includ23 ing the vessel’s compliance with sections 50503 and 55101 

24 through 55121 of this title. 

25 ‘‘(c) PETITION.— 


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1 ‘‘(1) IN GENERAL.—After the Secretary fur2 nishes an interpretive ruling requested under sub3 section (b) or any other interpretive ruling regarding 

4 the interpretation, application, or enforcement of the 

5 coastwise laws, an interested party that believes the 

6 ruling is incorrect may file a petition with the Sec7 retary setting forth— 

8 ‘‘(A) the interested party’s understanding 

9 of the factual scenario; 

10 ‘‘(B) the outcome of the decision that the 

11 interested party believes to be proper in the 

12 provided factual scenario; and 

13 ‘‘(C) the reasons for the belief of the inter14 ested party. 

15 ‘‘(2) PUBLICATION.—The Secretary shall pub16 lish online— 

17 ‘‘(A) the name of an interested party filing 

18 a petition under paragraph (1); and 

19 ‘‘(B) the ruling that such party believes is 

20 incorrect. 

21 ‘‘(d) DETERMINATION ON PETITION.— 

22 ‘‘(1) CORRECTION OF INTERPRETIVE RUL23 ING.—If, after receipt and consideration of a peti24 tion filed under subsection (c) by an interested 

25 party, the Secretary determines that the conclusion 


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1 reached in the contested interpretive ruling is not 

2 correct, the Secretary shall, by not later than 60 

3 days after such receipt, determine the proper out4 come and notify the interested party of the Sec5 retary’s determination. 

6 ‘‘(2) CONTEST BY PETITIONER.— 

7 ‘‘(A) DETERMINATION.—If after receipt 

8 and consideration of a petition filed under sub9 section (c) by an interested party, the Secretary 

10 determines that the contested interpretive rul11 ing under subsection (b) is correct, the Sec12 retary shall, by not later than 30 days after 

13 such receipt, notify the interested party. 

14 ‘‘(B) APPEAL.—An interested party that 

15 receives a notice under subparagraph (A) may 

16 file an appeal to contest the ruling by not later 

17 than 30 days after the date of the notification. 

18 Upon receipt of an appeal from the interested 

19 party, the Secretary shall make a determination 

20 of the interpretive ruling as presented in the 

21 original ruling under subsection (b) by not later 

22 than 7 days after the receipt of the appeal. 

23 ‘‘(3) PUBLICATION.—Not later than 3 days 

24 after making a determination under paragraph (1) 


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1 or (2), the Secretary shall publish online such deter2 mination. 

3 ‘‘(e) REVIEW OF INTERPRETIVE RULING.—Not later 

4 than 90 days after the Secretary makes a determination 

5 regarding an interpretive ruling under subsection 

6 (d)(2)(B), any interested party may commence an action 

7 in any district court of the United States, subject to the 

8 venue requirements of section 1391 of title 28, by filing 

9 concurrently a summons and complaint, each with the con10 tent and in the form, manner, and style prescribed by the 

11 rules of such court, contesting any legal conclusions of the 

12 Secretary. 

13 ‘‘(f) REGULATIONS IMPLEMENTING REQUIRED PRO14 CEDURES.—By not later than 90 days after the effective 

15 date of this section, the Secretary shall prescribe regula16 tions to implement the procedures required under this sec17 tion.’’. 

18 (b) CONFORMING AMENDMENT.—The table of sec19 tions for chapter 551 of title 46, United States Code, is 

20 amended by inserting after the item relating to section 

21 55123 the following: 

‘‘Sec. 55124. Interpretive ruling process.’’. 


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1 SEC. 6. REGULATIONS REGARDING AFFIRMATION OF AU2 THORITY FOR NON-OIL AND GAS OPER3 ATIONS ON THE OUTER CONTINENTAL 

4 SHELF. 

5 Not later than 90 days after the effective date of this 

6 Act, the Secretary of the department in which the Coast 

7 Guard is operating shall promulgate regulations to imple8 ment the amendment made by section 9503 of the William 

9 M. (Mac) Thornberry National Defense Authorization Act 

10 for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 

11 4822) to section 4(a)(1) of the Outer Continental Shelf 

12 Lands Act (43 U.S.C. 1333(a)(1)) with respect to laws 

13 administered by such Secretary. 

14 SEC. 7. RULES OF CONSTRUCTION. 

15 (a) OUTER CONTINENTAL SHELF LANDS ACT.— 

16 Nothing in this Act or the amendments made by this Act 

17 may be construed to nullify or supersede any other provi18 sion of law relating to the outer Continental Shelf (as such 

19 term is defined in section 2 of the Outer Continental Shelf 

20 Lands Act (43 U.S.C. 1331)), except as expressly provided 

21 in this Act or an amendment made by this Act. 

22 (b) RULING LETTERS.—Nothing in this Act or the 

23 amendments made by this Act may be construed as con24 gressional validation of a ruling letter, interpretative guid25 ance, or doctrine issued, or other action taken, by the Sec26 retary of Homeland Security. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary of the department in which the Coast Guard is op4 erating and the Secretary of Transportation such sums as 

5 may be necessary to carry out this Act and the amend6 ments made by this Act. 

7 SEC. 9. EFFECTIVE DATE. 

8 This Act, and the amendments made by this Act, 

9 shall take effect on the day that is 1 year after the date 

10 of enactment of this Act. 

Æ 


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