Title: American Offshore Worker Fairness Act
Policy area: Energy

Summary:
American Offshore Worker Fairness Act
This bill further restricts foreign crew members from working on vessels, rigs, and other structures engaged in offshore energy activities on the Outer Continental Shelf.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3705 Introduced in Senate (IS)]

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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.

    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) 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''; and
            (3) in paragraph (2)--
                    (A) 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'';
                    (B) 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
                    (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).
    (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 
        that 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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