Sec. 3. Enforcement
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Section 55102(c) of title 46, United States Code, is amended— by striking Merchandise and inserting the following: Merchandise ; and by adding at the end the following: The Secretary shall not mitigate or lower any such penalty amount. . Section 55102 of title 46, United States Code, is amended by adding at the end the following: Upon final agency action regarding a violation of this section, with respect to a vessel that does not have a coastwise endorsement under chapter 121 of this title or is not otherwise authorized to engage in the coastwise trade, the Secretary of the department in which the Coast Guard is operating shall publish a notification in the Customs Bulletin and Decisions within 7 days of such agency action.
The notification under paragraph
(1)shall include, at a minimum— the name of the vessel involved in the violation; the name of the owner of the vessel involved; the amount of the fine or value of merchandise seized as a result of the violation of subsection (b); and a summary of the misconduct and justification for imposing a penalty. By not later than 90 days after the effective date of the American Offshore Worker Fairness Act , the Secretary of Homeland Security shall prescribe regulations implementing subsection (d), which may include amending regulations relating to penalties issued by U.S. Customs and Border Protection, particularly with respect to the information to be contained in the notification under such subsection. . Prior to engaging in any activity or operations on the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 )), the operator of a foreign vessel used in such activity or operations shall file with the Secretary of Homeland Security a notification describing all activities and operations to be performed on the outer Continental Shelf and, if applicable, an identification of applicable ruling letters issued by the Secretary that have approved the use of a foreign vessel in an identical activity or operation. The Secretary shall publish a notification under paragraph
(1)in the Customs Bulletin and Decisions within 14 days of receipt of such notification. The Secretary shall redact any information exempt from disclosure under section 552 of title 5, United States Code, in a notification published under subparagraph (A). This subsection shall not apply to— any vessel that— is performing an offshore lift, as defined in section 30(c)(2)(B)(iv)(I) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356 (c)(2)(B)(iv)(I)); and has a crane height capability of 180 meters; and any rig or unit described in section 30(d) of such Act ( 43 U.S.C. 1356(d) ).
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