130 
that are transmitted and reported as soon as tech-
nically feasible after such detected activity has oc-
curred. 
‘‘(4) LARGE WHALE.—The term ‘large whale’ 
means all Mysticeti species and species within the 
genera Physeter and Orcinus.’’. 
(2) CLERICAL
AMENDMENT.—The table of 
chapters for subtitle V of title 46, United States 
Code is amended by adding after the item related to 
chapter 505 the following: 
‘‘507. Monitoring and Mitigation ................................................50701’’. 
SEC. 518. MANNING AND CREWING REQUIREMENTS FOR 
CERTAIN VESSELS, VEHICLES, AND STRUC-
TURES. 
(a) AUTHORIZATION
OF
LIMITED
EXEMPTIONS 
FROM MANNING AND CREW REQUIREMENT.—Chapter 81 
of title 46, United States Code, is amended by adding at 
the end the following: 
‘‘§ 8108. Exemptions from manning and crew require-
ments 
‘‘(a) IN GENERAL.—The Secretary may provide an 
exemption described in subsection (b) to the owner or op-
erator of a covered facility if each individual who is man-
ning or crewing the covered facility is— 
‘‘(1) a citizen of the United States;
131 
‘‘(2) an alien lawfully admitted to the United 
States for permanent residence; or 
‘‘(3) a citizen of the nation under the laws of 
which the vessel is documented. 
‘‘(b) REQUIREMENTS FOR ELIGIBILITY FOR EXEMP-
TION.—An exemption under this subsection is an exemp-
tion from the regulations established pursuant to section 
30(a)(3) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1356(a)(3)). 
‘‘(c) LIMITATIONS.—An exemption under this sec-
tion— 
‘‘(1) shall provide that the number of individ-
uals manning or crewing the covered facility who are 
described in paragraphs (2) and (3) of subsection 
(a) may not exceed two and one- half times the 
number of individuals required to man or crew the 
covered facility under the laws of the nation under 
the laws of which the covered facility is documented; 
and 
‘‘(2) shall be effective for not more than 12 
months, but may be renewed by application to and 
approval by the Secretary. 
‘‘(d) APPLICATION.—To be eligible for an exemption 
or a renewal of an exemption under this section, the owner 
or operator of a covered facility shall apply to the Sec-
132 
retary with an application that includes a sworn statement 
by the applicant of all information required for the 
issuance of the exemption. 
‘‘(e) REVOCATION.— 
‘‘(1) IN GENERAL.—The Secretary— 
‘‘(A) may revoke an exemption for a cov-
ered facility under this section if the Secretary 
determines that information provided in the ap-
plication for the exemption was false or incom-
plete, or is no longer true or complete; and 
‘‘(B) shall immediately revoke such an ex-
emption if the Secretary determines that the 
covered facility, in the effective period of the ex-
emption, was manned or crewed in a manner 
not authorized by the exemption. 
‘‘(2) NOTICE REQUIRED.—The Secretary shall 
provides notice of a determination under subpara-
graph (A) or (B) of paragraph (1) to the owner or 
operator of the covered facility. 
‘‘(f) REVIEW OF COMPLIANCE.—The Secretary shall 
periodically, but not less than once annually, inspect each 
covered facility that operates under an exemption under 
this section to verify the owner or operator of the covered 
facility’s compliance with the exemption. During an in-
spection under this subsection, the Secretary shall require
133 
all crew members serving under the exemption to hold a 
valid transportation security card issued under section 
70105. 
‘‘(g) PENALTY.—In addition to revocation under sub-
section (e), the Secretary may impose on the owner or op-
erator of a covered facility a civil penalty of $10,000 per 
day for each day the covered facility— 
‘‘(1) is manned or crewed in violation of an ex-
emption under this subsection; or 
‘‘(2) operated under an exemption under this 
subsection that the Secretary determines was not 
validly obtained. 
‘‘(h) NOTIFICATION OF SECRETARY OF STATE.—The 
Secretary shall notify the Secretary of State of each ex-
emption issued under this section, including the effective 
period of the exemption. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) COVERED FACILITY.—The term ‘covered 
facility’ means any vessel, rig, platform, or other ve-
hicle or structure, over 50 percent of which is owned 
by citizens of a foreign nation or with respect to 
which the citizens of a foreign nation have the right 
effectively to control, except to the extent and to the 
degree that the President determines that the gov-
ernment of such foreign nation or any of its political
134 
subdivisions has implemented, by statute, regulation, 
policy, or practice, a national manning requirement 
for equipment engaged in the exploring for, devel-
oping, or producing resources, including non-mineral 
energy resources in its offshore areas. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the department in which the Coast 
Guard is operating.’’. 
(b) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and annually 
thereafter, the Secretary shall submit to Congress a 
report containing information on each letter of non-
applicability of section 8109 of title 46, United 
States Code, with respect to a covered facility that 
was issued by the Secretary during the preceding 
year. 
(2) CONTENTS.—The report under paragraph 
(1) shall include, for each covered facility— 
(A) the name and International Maritime 
Organization number; 
(B) the nation in which the covered facility 
is documented; 
(C) the nationality of owner or owners; and