I 

118TH CONGRESS 

1ST SESSION H. R. 5991 

To require the Commandant of the Coast Guard and the Commissioner 

of U.S. Customs and Border Protection to make certain determinations 

in enforcing the Jones Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 19, 2023 

Mr. GARAMENDI introduced the following bill 

OCTOBER 25, 2023 

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To require the Commandant of the Coast Guard and the 

Commissioner of U.S. Customs and Border Protection 

to make certain determinations in enforcing the Jones 

Act, 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 ‘‘Close Agency Loop5 holes to the Jones Act of 2023’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In 1920, Congress enacted the Merchant 

4 Marine Act (chapters 121 and 551 of title 46, 

5 United States Code), commonly referred to as the 

6 ‘‘Jones Act’’. 

7 (2) In 1953, Congress enacted the Outer Conti8 nental Shelf Lands Act (43 U.S.C. 1331 et seq.) ap9 plying the Constitution, laws, and civil and political 

10 jurisdiction of the United States to the outer Conti11 nental Shelf. 

12 (3) In 2020, Congress enacted section 9503 of 

13 the William M. (Mac) Thornberry National Defense 

14 Authorization Act for Fiscal Year 2021 (Public Law 

15 116–283) affirming that application of the Constitu16 tion, laws, and civil and political jurisdiction of the 

17 United States to the outer Continental Shelf also ap18 plies to non-mineral energy resources and exploring 

19 for, developing, producing, transporting, or transmit20 ting such resources. 

21 (4) Therefore, the Jones Act prohibits the use 

22 of a non-Jones Act qualified vessel for the provision 

23 of any coastwise transportation of merchandise to or 

24 from a port of the United States (including terri25 tories or possessions to which the coastwise laws 

26 apply) to any point on the outer Continental Shelf, 


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1 or between any two points on the outer Continental 

2 Shelf. 

3 (5) U.S. Customs and Border Protection (here4 inafter referred to as ‘‘CBP’’) is responsible for in5 terpreting and enforcing the Jones Act. CBP has 

6 issued ruling letters and other interpretative guid7 ance to requesting parties that provide the descrip8 tion of proposed activities. 

9 (6) Unlike most federal agencies, CBP is re10 quired by section 625(c) of the Tariff Act of 1930 

11 (19 U.S.C. 1625(c)) to follow its past interpretive 

12 guidance and treatments of ‘‘substantially identical 

13 transactions,’’ unless it institutes a public notice and 

14 comment process to modify or revoke that interpre15 tative guidance. As a result, CBP and market par16 ticipants treat as binding ruling letters and interpre17 tative guidance in addressing whether and how the 

18 Jones Act applies in substantially identical factual 

19 situations. 

20 (7) Thus, CBP’s ruling letters—even if legally 

21 incorrect—have substantial impacts: When CBP 

22 purports to authorize a foreign vessel to transport 

23 merchandise between coastwise points, unless or24 dered by a Federal court to rescind such ruling let25 ters, CBP does not take enforcement action against 


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1 other foreign vessels engaging in substantially iden2 tical transactions, and vessel operators accordingly 

3 rely on CBP’s past ruling letters and guidance 

4 issued to other parties. 

5 (8) Over several decades, CBP has purported to 

6 create an array of exemptions from the prohibitions 

7 of the Jones Act for the benefit of foreign vessels. 

8 (9) On December 11, 2019, CBP published 

9 Customs Bulletin and Decisions, Vol. 53, No. 45 

10 (hereinafter referred to as the ‘‘2019 Decision’’) re11 voking a handful of its interpretations, recognizing 

12 that the analyses employed therein were inconsistent 

13 with the Jones Act and original congressional intent, 

14 including by using statutory language ‘‘out of con15 text,’’ having been superseded by amendments, or 

16 being predicated on CBP-created distinctions that 

17 had always been ‘‘irrelevant’’ under the Jones Act. 

18 (10) However, the 2019 Decision still left in 

19 force many ruling letters inconsistent with the Jones 

20 Act and original congressional intent, espousing the 

21 same unlawful doctrines, revoked others that prop22 erly interpreted the Jones Act, and created several 

23 new loopholes that purport to immunize much of the 

24 same foreign vessel activities that are now, and have 

25 always been, prohibited under the Jones Act. 


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1 (11) Thus, CBP has created invalid exemptions 

2 from the prohibition embodied in the Jones Act, 

3 using a variety of new and old doctrines inconsistent 

4 with original congressional intent. In 2014, the Su5 preme Court of the United States found in Utility 

6 Air Regulatory Group v. Environmental Protection 

7 Agency (573 U.S. 302, 328) that it is a ‘‘core ad8 ministrative law principle that an agency may not 

9 rewrite clear statutory terms to suit its own sense of 

10 how the statute should operate’’. 

11 (12) These invalid, ultra vires doctrines, and 

12 their uses, include— 

13 (A) an unlawfully broad interpretation of 

14 ‘‘vessel equipment’’ which conflicts with Con15 gress’ statutory description of ‘‘merchandise,’’ 

16 and the explicit, limited statutory exemption; 

17 (B) the ‘‘paid out not unladen’’ doctrine, 

18 which provides that pipe or cable laying oper19 ations are not coastwise trade subject to the 

20 Jones Act—even when the pipe is laid between 

21 two coastwise points, and in spite of Congress’ 

22 statutory prohibition against foreign vessels 

23 performing ‘‘any part of the transportation by 

24 water’’ of merchandise; 


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1 (C) the ‘‘paid out not unladen’’ doctrine is 

2 also used by foreign vessel operators to justify 

3 the transportation of merchandise attached to 

4 the paid out pipe or cable; 

5 (D) the ‘‘lifting operations’’ exemption, 

6 which purports to permit self-propelled move7 ments by a vessel when using a crane or like 

8 equipment to install or remove merchandise on 

9 or from offshore facilities or subsea infrastruc10 ture; 

11 (E) the ‘‘decommissioning activity’’ exemp12 tion, which purports that merchandise trans13 ported as a result of decommissioning—i.e., the 

14 restoration of the sea-floor and the water sur15 face by plugging and abandoning the well and 

16 removing the installation and facility—is not 

17 subject to the Jones Act; 

18 (F) the ‘‘offshore research vessel’’ 

19 misapplications, which improperly extends the 

20 exclusion for oceanographic or limnological re21 search vessels to commercial research activities 

22 that directly support the exploration for, or de23 velopment, production, transportation, or trans24 mission of, resources, on the outer Continental 

25 Shelf; and 


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1 (G) the ‘‘pristine seabed’’ exemption, 

2 where CBP has purported to hold that Outer 

3 Continental Shelf Lands Act’s explicit applica4 tion to the ‘‘subsoil and seabed’’ of the outer 

5 Continental Shelf does not include the ‘‘pristine 

6 seabed’’. 

7 (13) If a ruling letter is contrary to the stat8 ute’s plain text and the expressed intent of Con9 gress, or found unpersuasive by a Federal court, it 

10 will be invalidated as arbitrary and capricious. 

11 (14) Federal courts have not squarely ad12 dressed the interpretations contained in these CBP 

13 ruling letters and other guidance, and thus have 

14 never upheld these interpretations as valid and au15 thoritative. 

16 SEC. 3. PRECLUDING EXEMPTIONS FROM JONES ACT RE17 QUIREMENTS FOR CERTAIN FOREIGN VES18 SELS. 

19 The Secretary may not provide any exemption from 

20 the requirements of chapters 121 and 551 of title 46, 

21 United States Code (commonly referred to as the ‘‘Jones 

22 Act’’), to the owner of a foreign vessel engaging in com23 mercial transportation services to directly support the ex24 ploration for, or development, production, transportation, 

25 or transmission of, resources, including non-mineral enVerDate Sep 11 2014 21:13 Nov 05, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5991.IH H5991

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1 ergy resources, from a planning or leasing area designated 

2 by the Secretary of the Interior under the Outer Conti3 nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

4 SEC. 4. OCEANOGRAPHIC RESEARCH VESSELS. 

5 (a) IN GENERAL.—In enforcing chapter 551 of title 

6 46, United States Code, the Secretary may not determine 

7 that a vessel engaging in commercial research activities 

8 to directly support the exploration for, or development, 

9 production, transportation, or transmission of, resources, 

10 including non-mineral energy resources, from a planning 

11 or leasing area designated by the Secretary of the Interior 

12 under the Outer Continental Shelf Lands Act (43 U.S.C. 

13 1331 et seq.) is not engaged in trade or commerce under 

14 such chapter. 

15 (b) OCEANOGRAPHIC RESEARCH VESSEL CLARIFICA16 TION.—Section 50503 of title 46, United States Code is 

17 amended by inserting ‘‘, except that any vessel engaging 

18 in commercial research activities to directly support the 

19 exploration for, or development, production, transpor20 tation, or transmission of, resources, including non-min21 eral energy resources, from a planning or leasing area des22 ignated by the Secretary of the Interior under the Outer 

23 Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) may 

24 be determined to be engaged in trade or commerce under 

25 this section’’ after ‘‘trade or commerce’’. 


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1 (c) DESIGNATION.—The Commandant of the Coast 

2 Guard shall deny any request from a foreign vessel to be 

3 designated as an oceanographic research vessel for any 

4 such vessel engaging in commercial research activities to 

5 directly support the exploration for, or development, pro6 duction, transportation, or transmission of, resources, in7 cluding non-mineral energy resources, from a planning or 

8 leasing area designated by the Secretary of the Interior 

9 under the Outer Continental Shelf Lands Act (43 U.S.C. 

10 1331 et seq.). 

11 (d) REVOCATION OR MODIFICATION OF CERTAIN

12 RULING LETTERS.— 

13 (1) IN GENERAL.—The Secretary shall revoke 

14 or modify, as appropriate, the following head15 quarters ruling letters: 

16 (A) HQ H216579 (May 15, 2012). 

17 (B) HQ H205655 (March 20, 2012). 

18 (C) HQ 112830 (August 12, 1993). 

19 (D) HQ 110364 (September 29, 1989). 

20 (2) SUBSTANTIALLY IDENTICAL

21 TRANSATCIONS.—The Secretary shall revoke or mod22 ify, as appropriate, any treatments, including ruling 

23 letters, accorded by the Secretary to transactions 

24 that are substantially identical to the transactions 


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1 described in the ruling letters listed in paragraph 

2 (1). 

3 SEC. 5. U.S. CUSTOMS AND BORDER PROTECTION RULINGS. 

4 (a) VESSEL EQUIPMENT.— 

5 (1) IN GENERAL.—In enforcing chapter 551 of 

6 title 46, United States Code, the Secretary may not 

7 apply an interpretation of the terms ‘‘vessel equip8 ment’’ or ‘‘equipment’’ that conflicts with the defini9 tion of the term ‘‘merchandise’’ or sections 55105, 

10 55106, 55107, 55108, 55110, 55113, and 55115 of 

11 such title. 

12 (2) REVOCATION OR MODIFICATION OF CER13 TAIN RULING LETTERS.— 

14 (A) IN GENERAL.—The Secretary shall re15 voke or modify, as appropriate, any ruling let16 ters that apply an incorrect interpretation of 

17 the terms ‘‘vessel equipment’’ or ‘‘equipment’’ 

18 as described in paragraph (1), including the fol19 lowing headquarters ruling letters: 

20 (i) HQ H032757 (July 28, 2008). 

21 (ii) HQ H029417 (June 5, 2008). 

22 (iii) HQ H004242 (December 22, 

23 2006). 

24 (iv) HQ 116078 (February 11, 2004). 

25 (v) HQ 115938 (April 1, 2003). 


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1 (vi) HQ 115771 (August 19, 2002). 

2 (vii) HQ 115333 (April 27, 2001). 

3 (viii) HQ 115487 (November 20, 

4 2001). 

5 (ix) HQ 115381 (June 15, 2001). 

6 (x) HQ 114435 (August 6, 1998). 

7 (xi) HQ 114305 (March 31, 1998). 

8 (xii) HQ 113841 (February 28, 

9 1997). 

10 (xiii) HQ 113137 (June 27, 1994). 

11 (xiv) HQ 112218 (July 22, 1992). 

12 (xv) HQ 111889 (February 11, 

13 1992). 

14 (xvi) HQ 111892 (September 16, 

15 1991). 

16 (xvii) HQ 110402 (August 18, 1989). 

17 (xviii) HQ 108223 (March 13, 1986). 

18 (xix) HQ 105644 (June 7, 1982). 

19 (xx) HQ 101925 (October 7, 1976). 

20 (B) SUBSTANTIALLY IDENTICAL TRANS21 ACTIONS.—The Secretary shall revoke or mod22 ify, as appropriate, any treatments, including 

23 ruling letters, accorded by the Secretary to 

24 transactions that are substantially identical to 


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1 the transactions described in the ruling letters 

2 listed in subparagraph (A). 

3 (b) PAID OUT NOT UNLADEN.— 

4 (1) IN GENERAL.—In enforcing chapter 551 of 

5 title 46, United States Code, the Secretary may not 

6 determine that pipe or cable laying operations, in7 cluding the transportation of merchandise attached 

8 to such pipe or cable, are not subject to such chap9 ter because the vessel pays out the pipe or cable to 

10 a coastwise point. 

11 (2) REVOCATION OR MODIFICATION OF CER12 TAIN RULING LETTERS.— 

13 (A) IN GENERAL.—The Secretary shall re14 voke or modify, as appropriate, any ruling let15 ters that apply an incorrect determination with 

16 respect to pipe or cable laying operations de17 scribed in paragraph (1), including the fol18 lowing headquarters ruling letters: 

19 (i) HQ 115522 (December 3, 2001). 

20 (ii) HQ 115487 (November 20, 2001). 

21 (iii) HQ 115311 (May 10, 2001). 

22 (iv) HQ 115333 (April 27, 2001). 

23 (v) HQ 114435 (August 6, 1998). 

24 (vi) HQ 114305 (March 31, 1998). 

25 (vii) HQ 105644 (June 7, 1982). 


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1 (viii) HQ 101925 (October 7, 1976) 

2 (also referred to as T.D. 78–387). 

3 (B) SUBSTANTIALLY IDENTICAL TRANS4 ACTIONS.—The Secretary shall revoke or mod5 ify, as appropriate, any treatments, including 

6 ruling letters, accorded by the Secretary to 

7 transactions that are substantially identical to 

8 the transactions described in the ruling letters 

9 listed in subparagraph (A). 

10 (c) LIFTING OPERATIONS.— 

11 (1) IN GENERAL.—In enforcing chapter 551 of 

12 title 46, United States Code, the Secretary may not 

13 exempt lifting operations from the requirements of 

14 such chapter. 

15 (2) REVOCATION OR MODIFICATION OF CER16 TAIN AGENCY ACTIONS.—The Secretary shall— 

17 (A) revoke or modify, as appropriate, any 

18 ruling letters that apply the exemption de19 scribed in paragraph (1); 

20 (B) modify the Customs Bulletin and Deci21 sion issued on December 11, 2019, titled 

22 ‘‘Modification and revocation of ruling letters 

23 relating to CBP’s application of the Jones Act 

24 to the transportation of certain merchandise 

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1 toms Bulletin and Decisions, Vol. 53, No. 45) 

2 to be consistent with paragraph (1); and 

3 (C) revoke or modify, as appropriate, any 

4 other treatments, including ruling letters, ac5 corded by the Secretary to transactions that are 

6 substantially identical to the transactions de7 scribed in this paragraph. 

8 (3) REINSTATEMENT OF CERTAIN RULING LET9 TERS.—Upon revoking and modifying the agency ac10 tions under paragraph (2), the Secretary shall rein11 state the following headquarters ruling letters (popu12 larly known as the ‘‘Koff rulings’’): 

13 (A) HQ H242466 (July 3, 2013). 

14 (B) HQ H235242 (November 15, 2012). 

15 (C) HQ H225102 (September 24, 2012). 

16 (d) INSTALLATION ACTIVITIES.— 

17 (1) IN GENERAL.—The Secretary shall revoke 

18 the following headquarters ruling letters in which 

19 the Secretary determined that certain installation 

20 activities do not involve transportation of merchan21 dise between points in the United States for pur22 poses of section 55102 of title 46, United States 

23 Code: 

24 (A) HQ 115185 (November 20, 2000). 

25 (B) HQ 115218 (November 30, 2000). 


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1 (C) HQ 113838 (February 25, 1997). 

2 (D) HQ 108442 (August 13, 1986). 

3 (2) SIMILAR RULING LETTERS.—The Secretary 

4 shall revoke or modify, as appropriate, any treat5 ments, including ruling letters, accorded by the Sec6 retary to transactions that are substantially identical 

7 to the transactions described in the ruling letters de8 scribed in paragraph (1). 

9 (e) DECOMMISSIONING.— 

10 (1) IN GENERAL.—In enforcing chapter 551 of 

11 title 46, United States Code, the Secretary may not 

12 exempt merchandise transported as a result of de13 commissioning an installation or facility on the outer 

14 Continental Shelf from the requirements of such 

15 chapter. 

16 (2) REVOCATION OR MODIFICATION OF CER17 TAIN RULING LETTERS.—The Secretary shall revoke 

18 or modify, as appropriate— 

19 (A) any ruling letters that apply the ex20 emption described in paragraph (1), including 

21 the headquarters ruling letter HQ H004242 

22 (December 22, 2006); and 

23 (B) any treatments, including ruling let24 ters, accorded by the Secretary to transactions 

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1 actions described in the ruling letter described 

2 in subparagraph (A). 

3 (f) SUBSOIL OR SEABED SAMPLES.— 

4 (1) IN GENERAL.—In enforcing chapter 551 of 

5 title 46, United States Code, the Secretary may not 

6 determine that— 

7 (A) subsoil or seabed samples are not mer8 chandise for purposes of section 55102 of title 

9 46, United States Code; or 

10 (B) taking subsoil or seabed samples from 

11 the seabed is not considered an installation or 

12 other device for purposes of section 4(a)(1) of 

13 the Outer Continental Shelf Lands Act (43 

14 U.S.C. 1333(a)(1)). 

15 (2) REVOCATION OR MODIFICATION OF CER16 TAIN RULING LETTERS.— 

17 (A) IN GENERAL.—The Secretary shall re18 voke or modify, as appropriate, any ruling let19 ters that apply an incorrect determination de20 scribed in paragraph (1), including the fol21 lowing headquarters ruling letters: 

22 (i) HQ H317289 (March 25, 2021). 

23 (ii) HQ 115799 (September 30, 

24 2002). 

25 (iii) HQ 116602 (January 30, 2006). 


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1 (iv) HQ 108442 (August 13, 1986). 

2 (B) SUBSTANTIALLY IDENTICAL TRANS3 ACTIONS.—The Secretary shall revoke or mod4 ify, as appropriate, any treatments, including 

5 ruling letters, accorded by the Secretary to 

6 transactions that are substantially identical to 

7 the transactions described in the ruling letters 

8 listed in subparagraph (A). 

9 (g) PRISTINE SEABED.— 

10 (1) IN GENERAL.—In enforcing chapter 551 of 

11 title 46, United States Code, the Secretary may not 

12 determine that such chapter does not apply to— 

13 (A) the pristine seabed of the outer Conti14 nental Shelf; or 

15 (B) articles or devices, including seismic 

16 nodes or rock, aggregate, or other scour protec17 tion materials, either temporarily or perma18 nently placed onto or embedded into the seabed 

19 on the outer Continental Shelf. 

20 (2) ATTACHED ARTICLES.—In enforcing chap21 ter 551 of title 46, United States Code, the Sec22 retary shall determine that any articles or devices 

23 described in paragraph (1)(B) that are attached to 

24 the seabed are merchandise for the purposes of sec25 tion 55102 of such title. 


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1 (3) REVOCATION OF CERTAIN RULING LET2 TERS.—The Secretary shall revoke or modify, as ap3 propriate, any ruling letters that apply an incorrect 

4 determination described in paragraph (1), including 

5 the following headquarters ruling letters: 

6 (A) HQ H317289 (March 25, 2021). 

7 (B) HQ 115799 (September 30, 2002). 

8 (4) REINSTATEMENT OF RULING LETTER.— 

9 Upon revoking and modifying the agency actions 

10 under paragraph (3), the Secretary shall reinstate 

11 headquarters ruling letter HQ H309186 (January 

12 27, 2021). 

13 SEC. 6. PETITIONS BY DOMESTIC INTERESTED PARTIES. 

14 (a) IN GENERAL.—Chapter 551 of title 46, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 55124. Petitions by domestic interested parties 

18 ‘‘(a) REQUEST FOR INTERPRETIVE RULING.—The 

19 Secretary of Homeland Security shall, upon written re20 quest by an interested party, furnish, within 60 days, an 

21 interpretive ruling regarding a non-coastwise qualified ves22 sel’s activities and compliance with Federal laws in the 

23 internal waters of the United States, the territorial sea, 

24 and the waters of the outer Continental Shelf, including 

25 the vessel’s compliance with this chapter and section 


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1 50503. If the interested party believes that the conclusion 

2 of such interpretive ruling, or any other interpretive ruling 

3 regarding the interpretation, application, or enforcement 

4 of the coastwise laws, is incorrect, such party may file a 

5 petition with the Secretary setting forth the following: 

6 ‘‘(1) Such party’s understanding of the factual 

7 scenario. 

8 ‘‘(2) The outcome of the decision that such 

9 party believes to be proper in the provided factual 

10 scenario and the reasons supporting such party’s be11 lief. 

12 ‘‘(b) DETERMINATION ON PETITION.—If, after re13 ceipt and consideration of a petition filed by such an inter14 ested party, the Secretary determines that the conclusion 

15 reached in the contested letter is not correct, the Secretary 

16 shall determine the proper outcome and notify the peti17 tioner of the Secretary’s determination within 60 days. 

18 ‘‘(c) CONTEST BY PETITIONER.—If the Secretary de19 termines that the contested interpretive ruling filed pursu20 ant to subsection (a) is correct, the Secretary shall notify 

21 the petitioner within 30 days. If dissatisfied with the de22 termination of the Secretary, the petitioner may file with 

23 the Secretary, not later than 30 days after the date of 

24 the notification, notice that it desires to contest the ruling. 

25 Upon receipt of notice from the petitioner, the Secretary 


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1 shall cause publication to be made within 7 days of the 

2 Secretary’s determination as presented in the ruling letter. 

3 ‘‘(d) REVIEW OF INTERPRETIVE RULING.—Not later 

4 than 90 days after the petitioner files the notice of a desire 

5 to contest a ruling under subparagraph (c), any interested 

6 party may commence an action in any district court of 

7 the United States, subject to the venue requirements of 

8 section 1391 of title 28, by filing concurrently a summons 

9 and complaint, each with the content and in the form, 

10 manner, and style prescribed by the rules of such court, 

11 contesting any legal conclusions of the Secretary. 

12 ‘‘(e) RULEMAKING.—Not later than 60 days after the 

13 date of enactment of this section, the Secretary shall issue 

14 such regulations as are necessary to implement this sec15 tion. 

16 ‘‘(f) DEFINITIONS.—In this section: 

17 ‘‘(1) COASTWISE QUALIFIED VESSEL.—The 

18 term ‘coastwise qualified vessel’ has the meaning 

19 given such term in section 55108(a). 

20 ‘‘(2) INTERESTED PARTY.—The term ‘inter21 ested party’ means— 

22 ‘‘(A) the owner or operator of a vessel en23 gaged in coastwise trade; 

24 ‘‘(B) a manufacturer of coastwise qualified 

25 vessels; 


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1 ‘‘(C) a certified union, recognized union, or 

2 group of workers or mariners which is rep3 resentative of an industry engaged or employed 

4 in— 

5 ‘‘(i) the coastwise trade; or 

6 ‘‘(ii) construction of coastwise quali7 fied vessels; 

8 ‘‘(D) a trade or business association of 

9 which the majority of members are— 

10 ‘‘(i) owners or operators of vessels en11 gaged in coastwise trade; or 

12 ‘‘(ii) manufacturers of coastwise quali13 fied vessels; or 

14 ‘‘(E) an association of which the majority 

15 of members are persons described in para16 graphs (1) through (4).’’. 

17 (b) RULEMAKING.—Not later than 60 days after the 

18 date of enactment of this Act, the Secretary shall issue 

19 such regulations as are necessary to implement the 

20 amendments made by subsection (a). 

21 (c) CLERICAL AMENDMENT.—The analysis for chap22 ter 551 of title 46, United States Code, is amended by 

23 adding at the end the following: 

‘‘55124. Petitions by domestic interested parties.’’. 


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1 SEC. 7. CONGRESSIONAL REVIEW ACT APPLICABILITY. 

2 (a) IN GENERAL.—Notwithstanding section 

3 804(3)(A) of title 5, United States Code, for purposes of 

4 the application of chapter 8 of such title to a covered rul5 ing letter, the term ‘‘rule’’ shall be read to include such 

6 a covered ruling letter. 

7 (b) DEFINITION.—In this subsection, the term ‘‘cov8 ered ruling letter’’ means a ruling letter issued after the 

9 date of enactment of this Act. 

10 SEC. 8. NOTIFICATION. 

11 (a) ADVANCE NOTIFICATION REQUIRED.—Prior to 

12 engaging in any activity or operations on the outer Conti13 nental Shelf, the operator of a foreign vessel used in such 

14 activity or operations shall file with the Secretary a notifi15 cation describing all activities and operations to be per16 formed on the outer Continental Shelf and an identifica17 tion of applicable ruling letters issued by the Secretary 

18 that have approved the use of a foreign vessel in a sub19 stantially similar activity or operation. 

20 (b) PUBLICATION OF NOTICES.— 

21 (1) PUBLICATION.—The Secretary shall publish 

22 a notification under subsection (a) in the Customs 

23 Bulletin and Decisions within 14 days of receipt of 

24 such notification. 

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1 closure under section 552 of title 5, United States 

2 Code, in a notification published under paragraph 

3 (1). 

4 SEC. 9. PUBLICATION OF FINES AND PENALTIES. 

5 (a) IN GENERAL.—Section 55102 of title 46, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘(d) PUBLICATION OF PENALTY.— 

9 ‘‘(1) IN GENERAL.—Not later than 14 days 

10 after the issuance of a pre-penalty notice or a pen11 alty, including a settlement, under subsection (c), 

12 the Secretary of Homeland Security shall publish 

13 such pre-penalty notice or a notification of such pen14 alty in the Customs Bulletin and Decisions to the 

15 party impacted by the penalty. 

16 ‘‘(2) CONTENTS.—A pre-penalty notice or pen17 alty notification published under paragraph (1) shall 

18 include— 

19 ‘‘(A) the name and the International Mari20 time Organization identification number of the 

21 vessel that is the subject of the penalty; 

22 ‘‘(B) the name of the owner of the vessel 

23 that is the subject of the penalty; 

24 ‘‘(C) the amount of the fine or value of 

25 merchandise seized; and 


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•HR 5991 IH

1 ‘‘(D) a summary of the alleged misconduct 

2 and justification for imposing a penalty.’’. 

3 (b) RULEMAKING.—Not later than 90 days after the 

4 date of enactment of this Act, the Secretary shall issue 

5 such regulations as are necessary to implement the 

6 amendments made by subsection (a), including— 

7 (1) regulations regarding the information to be 

8 contained in a penalty notification under section 

9 55102(d) of title 46, United States Code (as amend10 ed by such subsection); and 

11 (2) any changes to existing regulations relating 

12 to penalties issued by the Secretary. 

13 SEC. 10. PREVAILING WAGE REQUIREMENT. 

14 (a) IN GENERAL.—Chapter 81 of title 46, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 8108. Prevailing wage requirement 

18 ‘‘(a) IN GENERAL.—The Secretary shall require the 

19 owner or operator of a covered facility to provide each in20 dividual who is manning or crewing the covered facility 

21 a prevailing wage (as such term is defined in section 3141 

22 of title 40) as determined by the Secretary of Labor in 

23 accordance with subchapter IV of chapter 31 of title 40 

24 (commonly referred to as the Davis-Bacon Act). 


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1 ‘‘(b) REVIEW OF COMPLIANCE.—The Secretary shall 

2 periodically, but not less than once annually, inspect each 

3 covered facility to verify that the owner or operator of such 

4 covered facility is in compliance with this section. 

5 ‘‘(c) PENALTY.—The Secretary may impose on the 

6 owner or operator of a covered facility a civil penalty of 

7 $10,000 per day for each day the owner or operator is 

8 not in compliance with this section. 

9 ‘‘(d) DEFINITION OF COVERED FACILITY.—In this 

10 section, the term ‘covered facility’ means any vessel, rig, 

11 platform, or other vehicle or structure, over 50 percent 

12 of which is owned by citizens of a foreign nation or with 

13 respect to which the citizens of a foreign nation have the 

14 right effectively to control and operates under section 

15 302(a)(3) of the Outer Continental Shelf Lands Act (43 

16 U.S.C. 1356(a)(3)).’’. 

17 (b) RULEMAKING.—Not later than 90 days after the 

18 date of the enactment of this Act, the Secretary shall, in 

19 consultation with the Secretary of Labor, promulgate reg20 ulations that specify the prevailing wage requirements 

21 under section 8108 of title 46, United States Code, as 

22 added by this section. 

23 (c) EXISTING EXEMPTIONS.— 

24 (1) EFFECT OF AMENDMENTS; TERMI25 NATION.—Each exemption under section 30(c)(2) of 


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•HR 5991 IH

1 the Outer Continental Shelf Lands Act (43 U.S.C. 

2 1356(c)(2)) issued before the date of the enactment 

3 of this Act— 

4 (A) shall not be affected by the amend5 ments made by this section during the 120-day 

6 period beginning on the date of the enactment 

7 of this Act; and 

8 (B) shall not be effective after such period. 

9 (2) NOTIFICATION TO HOLDERS.—Not later 

10 than 60 days after the date of the enactment of this 

11 Act, the Secretary shall notify all persons that hold 

12 an exemption described in paragraph (1) that such 

13 exemption will expire as provided in paragraph (1). 

14 (d) RULE OF CONSTRUCTION.—The prevailing wage 

15 requirements under section 8108 of title 46, United States 

16 Code, as added by this section, shall not be construed to 

17 apply to collective bargaining agreements at ports, marine 

18 terminals, or similar facilities that are in effect as of the 

19 date of enactment of this Act. 

20 (e) CLERICAL AMENDMENT.—The analysis for chap21 ter 81 of title 46, United States Code, is amended by add22 ing at the end the following: 

‘‘8108. Prevailing wage requirement.’’. 

23 SEC. 11. RULEMAKING ON GARAMENDI AMENDMENT. 

24 Not later than 90 days after the date of enactment 

25 of this Act, the Commandant of the Coast Guard shall 


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•HR 5991 IH

1 issue such regulations as are necessary to implement the 

2 amendments to section 4(a)(1) of the Outer Continental 

3 Shelf Lands Act (43 U.S.C. 1333(a)(1)) made by section 

4 9503 of the William M. (Mac) Thornberry National De5 fense Authorization Act for Fiscal Year 2021 (Public Law 

6 116–283). 

7 SEC. 12. RULES OF CONSTRUCTION. 

8 (a) OUTER CONTINENTAL SHELF LANDS ACT.— 

9 Nothing in this Act may be construed to nullify or super10 sede any other provision of law relating to the outer Conti11 nental Shelf (as such term is defined in section 2 of the 

12 Outer Continental Shelf Lands Act (43 U.S.C. 1331)). 

13 (b) RULING LETTERS.—Nothing in this Act may be 

14 construed as congressional validation of a ruling letter, in15 terpretative guidance, doctrine, or other action relating to 

16 the enforcement of chapters 121 and 551 of title 46, 

17 United States Code (commonly referred to as the ‘‘Jones 

18 Act’’) issued by the Secretary. 

19 SEC. 13. DEFINITIONS. 

20 In this Act: 

21 (1) LIFTING OPERATIONS.—The term ‘‘lifting 

22 operations’’ means self-propelled movements by a 

23 vessel when using a crane, or other similar equip24 ment, to install or remove merchandise on or from 

25 offshore facilities or subsea infrastructure. 


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1 (2) MERCHANDISE.—The term ‘‘merchandise’’ 

2 has the meaning given such term in section 

3 55102(a) of title 46, United States Code. 

4 (3) OCEANOGRAPHIC RESEARCH VESSEL.—The 

5 term ‘‘oceanographic research vessel’’ has the mean6 ing given such term in section 2101 of title 46, 

7 United States Code. 

8 (4) OUTER CONTINENTAL SHELF.—The term 

9 ‘‘outer Continental Shelf’’ has the meaning given 

10 such term in section 2 of the Outer Continental 

11 Shelf Lands Act (43 U.S.C. 1331). 

12 (5) RULING LETTER.—The term ‘‘ruling letter’’ 

13 means any ruling letter or headquarters ruling letter 

14 relating to the enforcement of chapters 121 and 551 

15 of title 46, United States Code (commonly referred 

16 to as the ‘‘Jones Act’’), issued by the Commissioner 

17 of U.S. Customs and Border Protection pursuant to 

18 sections 502(a) or 625 of the Tariff Act of 1930 (19 

19 U.S.C. 1502(a) and 1625). 

20 (6) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Homeland Security, acting through 

22 the Commissioner of U.S. Customs and Border Pro23 tection. 

Æ 


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