II 

117TH CONGRESS 

2D SESSION S. 3705 

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 SENATE OF THE UNITED STATES 

FEBRUARY 17, 2022 

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

to the Committee on Commerce, Science, and Transportation 

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 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’’. 


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1 SEC. 2. MANNING AND CREWING REQUIREMENTS FOR CER2 TAIN OUTER CONTINENTAL SHELF VESSELS, 

3 VEHICLES, AND STRUCTURES. 

4 (a) AUTHORIZATION OF LIMITED EXEMPTIONS

5 FROM MANNING AND CREW REQUIREMENT.—Section 

6 30(c) of the Outer Continental Shelf Lands Act (43 

7 U.S.C. 1356(c)) is amended— 

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

9 and inserting a period; 

10 (2) beginning in the matter preceding para11 graph (1), by striking ‘‘(c) The regulations issued 

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

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

14 and inserting the following: 

15 ‘‘(c) EXEMPTIONS.— 

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

17 under subsection (a)(3) shall not apply to any ves18 sel’’; and 

19 (3) in paragraph (2)— 

20 (A) by striking ‘‘(2) to any vessel’’ and in21 serting the following: 

22 ‘‘(2) EXEMPTION FOR CERTAIN FOREIGN23 OWNED VESSELS, RIGS, PLATFORMS, AND OTHER

24 VEHICLES OR STRUCTURES.— 

25 ‘‘(A) IN GENERAL.—Subject to the re26 quirements of this paragraph, the regulations 


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

2 to any vessel’’; 

3 (B) in subparagraph (A) (as so des4 ignated), by striking ‘‘the exploration, develop5 ment, or production of oil and gas’’ and insert6 ing ‘‘exploring for, developing, or producing re7 sources, including nonmineral energy re8 sources,’’; and 

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

10 ‘‘(B) CONDITION.—An exemption under 

11 subparagraph (A) shall be subject to the condi12 tion that each individual who is manning or 

13 crewing the vessel, rig, platform, or other vehi14 cle or structure is— 

15 ‘‘(i) a citizen of the United States; 

16 ‘‘(ii) an alien lawfully admitted to the 

17 United States for permanent residence; or 

18 ‘‘(iii) a citizen of the nation under the 

19 laws of which the vessel, rig, platform, or 

20 other vehicle or structure is documented. 

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 clause (ii) 

2 or (iii) of subparagraph (B) may not ex3 ceed 2.5 times the number of individuals 

4 required to man or crew the vessel, rig, 

5 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 of an exemption under 

19 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 op25 erating for the issuance of the exemption. 


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1 ‘‘(E) REVOCATIONS.— 

2 ‘‘(i) IN GENERAL.—The Secretary of 

3 the department in which the Coast Guard 

4 is operating may revoke an exemption for 

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

6 structure under subparagraph (A) if the 

7 Secretary of the department in which the 

8 Coast Guard is operating determines that 

9 information provided in the application for 

10 the exemption— 

11 ‘‘(I) was false or incomplete; or 

12 ‘‘(II) is no longer true or com13 plete. 

14 ‘‘(ii) MANNING OR CREWING VIOLA15 TION.—The Secretary of the department in 

16 which the Coast Guard is operating shall 

17 immediately revoke an exemption for a ves18 sel, rig, platform, or other vehicle or struc19 ture under subparagraph (A) if the Sec20 retary of the department in which the 

21 Coast Guard is operating determines that, 

22 during the effective period of the exemp23 tion, the vessel, rig, platform, or other ve24 hicle or structure was manned or crewed in 

25 a manner that— 


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1 ‘‘(I) was not authorized by the 

2 exemption; or 

3 ‘‘(II) does not otherwise comply 

4 with this paragraph. 

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

6 department in which the Coast Guard is 

7 operating shall provide notice of a deter8 mination and revocation under clause (i) or 

9 (ii) to the owner, operator, agent, or mas10 ter of the vessel, rig, platform, or other ve11 hicle or structure. 

12 ‘‘(F) REVIEW OF COMPLIANCE.— 

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

14 the department in which the Coast Guard 

15 is operating shall periodically, but not less 

16 frequently than annually, inspect each ves17 sel, rig, platform, or other vehicle or struc18 ture for which an exemption under sub19 paragraph (A) has been granted to verify 

20 the compliance of the vessel, rig, platform, 

21 or other vehicle or structure with this 

22 paragraph. 

23 ‘‘(ii) REQUIREMENT.—During each 

24 inspection of a vessel, rig, platform, or 

25 other vehicle or structure under clause (i), 


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1 the Secretary of the department in which 

2 the Coast Guard is operating shall require 

3 all individuals who are manning or crewing 

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

5 structure to hold a valid Transportation 

6 Worker Identification Credential. 

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

8 the department in which the Coast Guard is op9 erating may impose on the owner or operator of 

10 a vessel, rig, platform, or other vehicle or struc11 ture for which an exemption under subpara12 graph (A) has been granted a civil penalty of 

13 $10,000 per day for each day the vessel, rig, 

14 platform, or other vehicle or structure— 

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

16 of this paragraph; or 

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

18 the Secretary of the department in which 

19 the Coast Guard is operating determines 

20 that— 

21 ‘‘(I) the exemption was not val22 idly obtained; or 

23 ‘‘(II) information provided in the 

24 application for the exemption was 

25 false or incomplete. 


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1 ‘‘(H) NOTIFICATION OF SECRETARY OF

2 STATE.—The Secretary of the department in 

3 which the Coast Guard is operating shall notify 

4 the Secretary of State of each exemption issued 

5 under this subsection, including information on 

6 the effective period of the exemption.’’. 

7 (b) REGULATIONS.—Not later than 90 days after the 

8 date of enactment of this Act, the Secretary of the depart9 ment in which the Coast Guard is operating shall promul10 gate regulations that specify the application requirements 

11 and process and other requirements for an exemption 

12 under subsection (c)(2)(A) of section 30 of the Outer Con13 tinental Shelf Lands Act (43 U.S.C. 1356). 

14 (c) EXISTING EXEMPTIONS.— 

15 (1) IN GENERAL.—During the 120-day period 

16 beginning on the date of enactment of this Act, each 

17 exemption granted under section 30(c)(2) of the 

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

19 1356(c)(2)) (as in effect on the day before the date 

20 of enactment of this Act) before the date of enact21 ment of this Act— 

22 (A) shall remain in effect; and 

23 (B) shall not be affected by the amend24 ments made by subsection (a). 


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

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

3 exemption described in that paragraph shall termi4 nate. 

5 (3) NOTIFICATION.—Not later than 60 days 

6 after the date of enactment of this Act, the Sec7 retary of the department in which the Coast Guard 

8 is operating shall notify all persons that hold an ex9 emption described in paragraph (1) that the exemp10 tion will terminate in accordance with paragraph 

11 (2). 

12 (d) ANNUAL REPORT.— 

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

14 the date of enactment of this Act, and annually 

15 thereafter, the Secretary of the department in which 

16 the Coast Guard is operating shall submit to Con17 gress a report that describes the number of exemp18 tions granted under subsection (c)(2)(A) of section 

19 30 of the Outer Continental Shelf Lands Act (43 

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

21 (2) REQUIREMENTS.—Each report under para22 graph (1) shall list for each vessel, rig, platform, or 

23 other vehicle or structure granted an exemption dur24 ing the preceding year— 


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1 (A) the name and International Maritime 

2 Organization number of the vessel, rig, plat3 form, or other vehicle or structure; 

4 (B) the flag of the vessel, rig, platform, or 

5 other vehicle or structure; 

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

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

8 structure; and 

9 (D) any changes to the information de10 scribed in subparagraphs (A) through (C) appli11 cable to the vessel, rig, platform, or other vehi12 cle or structure if the vessel, rig, platform, or 

13 other vehicle or structure has received a prior 

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

15 30 of the Outer Continental Shelf Lands Act 

16 (43 U.S.C. 1356) or section 30(c)(2) of the 

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

18 1356(c)(2)) (as in effect on the day before the 

19 date of enactment of this Act). 

Æ 


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