Sec. 346. Manning and crewing requirements for certain vessels, vehicles, and structures
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Chapter 81 of title 46, United States Code, is amended by adding at the end the following: The Secretary may provide an exemption described in subsection
(b)to the owner or operator of a covered facility if each individual who is manning or crewing the covered facility is— a citizen of the United States; an alien lawfully admitted to the United States for permanent residence; or a citizen of the nation under the laws of which the vessel is documented. An exemption under this subsection is an exemption from the regulations established pursuant to section 302(a)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(a)(3) ). An exemption under this section— shall provide that the number of individuals 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 shall be effective for not more than 12 months, but may be renewed by application to and approval by the Secretary. 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 Secretary with an application that includes a sworn statement by the applicant of all information required for the issuance of the exemption. The Secretary— may revoke an exemption for a covered facility under this section if the Secretary determines that information provided in the application for the exemption was false or incomplete, or is no longer true or complete; and shall immediately revoke such an exemption if the Secretary determines that the covered facility, in the effective period of the exemption, was manned or crewed in a manner not authorized by the exemption. The Secretary shall provides notice of a determination under subparagraph
(A)or
(B)of paragraph
(1)to the owner or operator of the covered facility. 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 inspection under this subsection, the Secretary shall require all crew members serving under the exemption to hold a valid transportation security card issued under section 70105. In addition to revocation under subsection (e), the Secretary may impose on the owner or operator of a covered facility a civil penalty of $10,000 per day for each day the covered facility— is manned or crewed in violation of an exemption under this subsection; or operated under an exemption under this subsection that the Secretary determines was not validly obtained. The Secretary shall notify the Secretary of State of each exemption issued under this section, including the effective period of the exemption. In this section: The term covered facility means any vessel, rig, platform, or other vehicle 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 government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploring for, developing, or producing resources, including non-mineral energy resources in its offshore areas. The term Secretary means the Secretary of the department in which the Coast Guard is operating. . 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 Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing information on each letter of nonapplicability 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. The report under paragraph
(1)shall include, for each covered facility— the name and International Maritime Organization number; the nation in which the covered facility is documented; the nationality of owner or owners; and for any covered facility that was previously issued a letter of nonapplicability in a prior year, any changes in the information described in subparagraphs
(A)through (C). Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations that specify the documentary and other requirements for the issuance of an exemption under the amendment made by this section. Each exemption under section 30(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(c)(2) ) issued before the date of the enactment of this Act— shall not be affected by the amendments made by this section during the 120-day period beginning on the date of the enactment of this Act; and shall not be effective after such period. Not later than 60 days after the date of the enactment of this Act, the Secretary shall notify all persons that hold such an exemption that it will expire as provided in paragraph (1). The analysis for chapter 81 of the title 46, United States Code, is amended by adding at the end the following: 8109. Exemptions from manning and crew requirements. .
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Sec. 346
Manning and crewing requirements for certain vessels, vehicles, and structures
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