or between any two points on the outer Continental 
Shelf. 
(5) U.S. Customs and Border Protection (here-
inafter referred to as ‘‘CBP’’) is responsible for in-
terpreting and enforcing the Jones Act. CBP has 
issued ruling letters and other interpretative guid-
ance to requesting parties that provide the descrip-
tion of proposed activities. 
(6) Unlike most federal agencies, CBP is re-
quired by section 625(c) of the Tariff Act of 1930 
(19 U.S.C. 1625(c)) to follow its past interpretive 
guidance and treatments of ‘‘substantially identical 
transactions,’’ unless it institutes a public notice and 
comment process to modify or revoke that interpre-
tative guidance. As a result, CBP and market par-
ticipants treat as binding ruling letters and interpre-
tative guidance in addressing whether and how the 
Jones Act applies in substantially identical factual 
situations. 
(7) Thus, CBP’s ruling letters—even if legally 
incorrect—have substantial impacts: When CBP 
purports to authorize a foreign vessel to transport 
merchandise between coastwise points, unless or-
dered by a Federal court to rescind such ruling let-
ters, CBP does not take enforcement action against 
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other foreign vessels engaging in substantially iden-
tical transactions, and vessel operators accordingly 
rely on CBP’s past ruling letters and guidance 
issued to other parties. 
(8) Over several decades, CBP has purported to 
create an array of exemptions from the prohibitions 
of the Jones Act for the benefit of foreign vessels. 
(9) On December 11, 2019, CBP published 
Customs Bulletin and Decisions, Vol. 53, No. 45 
(hereinafter referred to as the ‘‘2019 Decision’’) re-
voking a handful of its interpretations, recognizing 
that the analyses employed therein were inconsistent 
with the Jones Act and original congressional intent, 
including by using statutory language ‘‘out of con-
text,’’ having been superseded by amendments, or 
being predicated on CBP-created distinctions that 
had always been ‘‘irrelevant’’ under the Jones Act. 
(10) However, the 2019 Decision still left in 
force many ruling letters inconsistent with the Jones 
Act and original congressional intent, espousing the 
same unlawful doctrines, revoked others that prop-
erly interpreted the Jones Act, and created several 
new loopholes that purport to immunize much of the 
same foreign vessel activities that are now, and have 
always been, prohibited under the Jones Act. 
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(11) Thus, CBP has created invalid exemptions 
from the prohibition embodied in the Jones Act, 
using a variety of new and old doctrines inconsistent 
with original congressional intent. In 2014, the Su-
preme Court of the United States found in Utility 
Air Regulatory Group v. Environmental Protection 
Agency (573 U.S. 302, 328) that it is a ‘‘core ad-
ministrative law principle that an agency may not 
rewrite clear statutory terms to suit its own sense of 
how the statute should operate’’. 
(12) These invalid, ultra vires doctrines, and 
their uses, include— 
(A) an unlawfully broad interpretation of 
‘‘vessel equipment’’ which conflicts with Con-
gress’ statutory description of ‘‘merchandise,’’ 
and the explicit, limited statutory exemption; 
(B) the ‘‘paid out not unladen’’ doctrine, 
which provides that pipe or cable laying oper-
ations are not coastwise trade subject to the 
Jones Act—even when the pipe is laid between 
two coastwise points, and in spite of Congress’ 
statutory prohibition against foreign vessels 
performing ‘‘any part of the transportation by 
water’’ of merchandise; 
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(C) the ‘‘paid out not unladen’’ doctrine is 
also used by foreign vessel operators to justify 
the transportation of merchandise attached to 
the paid out pipe or cable; 
(D) the ‘‘lifting operations’’ exemption, 
which purports to permit self-propelled move-
ments by a vessel when using a crane or like 
equipment to install or remove merchandise on 
or from offshore facilities or subsea infrastruc-
ture; 
(E) the ‘‘decommissioning activity’’ exemp-
tion, which purports that merchandise trans-
ported as a result of decommissioning—i.e., the 
restoration of the sea-floor and the water sur-
face by plugging and abandoning the well and 
removing the installation and facility—is not 
subject to the Jones Act; 
(F) 
the 
‘‘offshore 
research 
vessel’’ 
misapplications, which improperly extends the 
exclusion for oceanographic or limnological re-
search vessels to commercial research activities 
that directly support the exploration for, or de-
velopment, production, transportation, or trans-
mission of, resources, on the outer Continental 
Shelf; and 
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(G) the ‘‘pristine seabed’’ exemption, 
where CBP has purported to hold that Outer 
Continental Shelf Lands Act’s explicit applica-
tion to the ‘‘subsoil and seabed’’ of the outer 
Continental Shelf does not include the ‘‘pristine 
seabed’’. 
(13) If a ruling letter is contrary to the stat-
ute’s plain text and the expressed intent of Con-
gress, or found unpersuasive by a Federal court, it 
will be invalidated as arbitrary and capricious. 
(14) Federal courts have not squarely ad-
dressed the interpretations contained in these CBP 
ruling letters and other guidance, and thus have 
never upheld these interpretations as valid and au-
thoritative. 
SEC. 3. PRECLUDING EXEMPTIONS FROM JONES ACT RE-
QUIREMENTS FOR CERTAIN FOREIGN VES-
SELS. 
The Secretary may not provide any exemption from 
the requirements of chapters 121 and 551 of title 46, 
United States Code (commonly referred to as the ‘‘Jones 
Act’’), to the owner of a foreign vessel engaging in com-
mercial transportation services to directly support the ex-
ploration for, or development, production, transportation, 
or transmission of, resources, including non-mineral en-
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(c) DESIGNATION.—The Commandant of the Coast 
Guard shall deny any request from a foreign vessel to be 
designated as an oceanographic research vessel for any 
such vessel engaging in commercial research activities to 
directly support the exploration for, or development, pro-
duction, transportation, or transmission of, resources, in-
cluding non-mineral energy resources, from a planning or 
leasing area designated by the Secretary of the Interior 
under the Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.). 
(d) REVOCATION
OR MODIFICATION
OF CERTAIN 
RULING LETTERS.— 
(1) IN GENERAL.—The Secretary shall revoke 
or modify, as appropriate, the following head-
quarters ruling letters: 
(A) HQ H216579 (May 15, 2012). 
(B) HQ H205655 (March 20, 2012). 
(C) HQ 112830 (August 12, 1993). 
(D) HQ 110364 (September 29, 1989). 
(2) 
SUBSTANTIALLY
IDENTICAL 
TRANSATCIONS.—The Secretary shall revoke or mod-
ify, as appropriate, any treatments, including ruling 
letters, accorded by the Secretary to transactions 
that are substantially identical to the transactions 
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described in the ruling letters listed in paragraph 
(1). 
SEC. 5. U.S. CUSTOMS AND BORDER PROTECTION RULINGS. 
(a) VESSEL EQUIPMENT.— 
(1) IN GENERAL.—In enforcing chapter 551 of 
title 46, United States Code, the Secretary may not 
apply an interpretation of the terms ‘‘vessel equip-
ment’’ or ‘‘equipment’’ that conflicts with the defini-
tion of the term ‘‘merchandise’’ or sections 55105, 
55106, 55107, 55108, 55110, 55113, and 55115 of 
such title. 
(2) REVOCATION
OR
MODIFICATION
OF
CER-
TAIN RULING LETTERS.— 
(A) IN GENERAL.—The Secretary shall re-
voke or modify, as appropriate, any ruling let-
ters that apply an incorrect interpretation of 
the terms ‘‘vessel equipment’’ or ‘‘equipment’’ 
as described in paragraph (1), including the fol-
lowing headquarters ruling letters: 
(i) HQ H032757 (July 28, 2008). 
(ii) HQ H029417 (June 5, 2008). 
(iii) HQ H004242 (December 22, 
2006). 
(iv) HQ 116078 (February 11, 2004). 
(v) HQ 115938 (April 1, 2003). 
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(vi) HQ 115771 (August 19, 2002). 
(vii) HQ 115333 (April 27, 2001). 
(viii) HQ 115487 (November 20, 
2001). 
(ix) HQ 115381 (June 15, 2001). 
(x) HQ 114435 (August 6, 1998). 
(xi) HQ 114305 (March 31, 1998). 
(xii) HQ 113841 (February 28, 
1997). 
(xiii) HQ 113137 (June 27, 1994). 
(xiv) HQ 112218 (July 22, 1992). 
(xv) 
HQ 
111889 
(February 
11, 
1992). 
(xvi) HQ 111892 (September 16, 
1991). 
(xvii) HQ 110402 (August 18, 1989). 
(xviii) HQ 108223 (March 13, 1986). 
(xix) HQ 105644 (June 7, 1982). 
(xx) HQ 101925 (October 7, 1976). 
(B) SUBSTANTIALLY
IDENTICAL
TRANS-
ACTIONS.—The Secretary shall revoke or mod-
ify, as appropriate, any treatments, including 
ruling letters, accorded by the Secretary to 
transactions that are substantially identical to 
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the transactions described in the ruling letters 
listed in subparagraph (A). 
(b) PAID OUT NOT UNLADEN.— 
(1) IN GENERAL.—In enforcing chapter 551 of 
title 46, United States Code, the Secretary may not 
determine that pipe or cable laying operations, in-
cluding the transportation of merchandise attached 
to such pipe or cable, are not subject to such chap-
ter because the vessel pays out the pipe or cable to 
a coastwise point. 
(2) REVOCATION
OR
MODIFICATION
OF
CER-
TAIN RULING LETTERS.— 
(A) IN GENERAL.—The Secretary shall re-
voke or modify, as appropriate, any ruling let-
ters that apply an incorrect determination with 
respect to pipe or cable laying operations de-
scribed in paragraph (1), including the fol-
lowing headquarters ruling letters: 
(i) HQ 115522 (December 3, 2001). 
(ii) HQ 115487 (November 20, 2001). 
(iii) HQ 115311 (May 10, 2001). 
(iv) HQ 115333 (April 27, 2001). 
(v) HQ 114435 (August 6, 1998). 
(vi) HQ 114305 (March 31, 1998). 
(vii) HQ 105644 (June 7, 1982). 
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(viii) HQ 101925 (October 7, 1976) 
(also referred to as T.D. 78–387). 
(B) SUBSTANTIALLY
IDENTICAL
TRANS-
ACTIONS.—The Secretary shall revoke or mod-
ify, as appropriate, any treatments, including 
ruling letters, accorded by the Secretary to 
transactions that are substantially identical to 
the transactions described in the ruling letters 
listed in subparagraph (A). 
(c) LIFTING OPERATIONS.— 
(1) IN GENERAL.—In enforcing chapter 551 of 
title 46, United States Code, the Secretary may not 
exempt lifting operations from the requirements of 
such chapter. 
(2) REVOCATION
OR
MODIFICATION
OF
CER-
TAIN AGENCY ACTIONS.—The Secretary shall— 
(A) revoke or modify, as appropriate, any 
ruling letters that apply the exemption de-
scribed in paragraph (1); 
(B) modify the Customs Bulletin and Deci-
sion issued on December 11, 2019, titled 
‘‘Modification and revocation of ruling letters 
relating to CBP’s application of the Jones Act 
to the transportation of certain merchandise 
and equipment between coastwise points’’ (Cus-
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toms Bulletin and Decisions, Vol. 53, No. 45) 
to be consistent with paragraph (1); and 
(C) revoke or modify, as appropriate, any 
other treatments, including ruling letters, ac-
corded by the Secretary to transactions that are 
substantially identical to the transactions de-
scribed in this paragraph. 
(3) REINSTATEMENT OF CERTAIN RULING LET-
TERS.—Upon revoking and modifying the agency ac-
tions under paragraph (2), the Secretary shall rein-
state the following headquarters ruling letters (popu-
larly known as the ‘‘Koff rulings’’): 
(A) HQ H242466 (July 3, 2013). 
(B) HQ H235242 (November 15, 2012). 
(C) HQ H225102 (September 24, 2012). 
(d) INSTALLATION ACTIVITIES.— 
(1) IN GENERAL.—The Secretary shall revoke 
the following headquarters ruling letters in which 
the Secretary determined that certain installation 
activities do not involve transportation of merchan-
dise between points in the United States for pur-
poses of section 55102 of title 46, United States 
Code: 
(A) HQ 115185 (November 20, 2000). 
(B) HQ 115218 (November 30, 2000). 
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(C) HQ 113838 (February 25, 1997). 
(D) HQ 108442 (August 13, 1986). 
(2) SIMILAR RULING LETTERS.—The Secretary 
shall revoke or modify, as appropriate, any treat-
ments, including ruling letters, accorded by the Sec-
retary to transactions that are substantially identical 
to the transactions described in the ruling letters de-
scribed in paragraph (1). 
(e) DECOMMISSIONING.— 
(1) IN GENERAL.—In enforcing chapter 551 of 
title 46, United States Code, the Secretary may not 
exempt merchandise transported as a result of de-
commissioning an installation or facility on the outer 
Continental Shelf from the requirements of such 
chapter. 
(2) REVOCATION
OR
MODIFICATION
OF
CER-
TAIN RULING LETTERS.—The Secretary shall revoke 
or modify, as appropriate— 
(A) any ruling letters that apply the ex-
emption described in paragraph (1), including 
the headquarters ruling letter HQ H004242 
(December 22, 2006); and 
(B) any treatments, including ruling let-
ters, accorded by the Secretary to transactions 
that are substantially identical to the trans-
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actions described in the ruling letter described 
in subparagraph (A). 
(f) SUBSOIL OR SEABED SAMPLES.— 
(1) IN GENERAL.—In enforcing chapter 551 of 
title 46, United States Code, the Secretary may not 
determine that— 
(A) subsoil or seabed samples are not mer-
chandise for purposes of section 55102 of title 
46, United States Code; or 
(B) taking subsoil or seabed samples from 
the seabed is not considered an installation or 
other device for purposes of section 4(a)(1) of 
the Outer Continental Shelf Lands Act (43 
U.S.C. 1333(a)(1)). 
(2) REVOCATION
OR
MODIFICATION
OF
CER-
TAIN RULING LETTERS.— 
(A) IN GENERAL.—The Secretary shall re-
voke or modify, as appropriate, any ruling let-
ters that apply an incorrect determination de-
scribed in paragraph (1), including the fol-
lowing headquarters ruling letters: 
(i) HQ H317289 (March 25, 2021). 
(ii) HQ 115799 (September 30, 
2002). 
(iii) HQ 116602 (January 30, 2006). 
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(iv) HQ 108442 (August 13, 1986). 
(B) SUBSTANTIALLY
IDENTICAL
TRANS-
ACTIONS.—The Secretary shall revoke or mod-
ify, as appropriate, any treatments, including 
ruling letters, accorded by the Secretary to 
transactions that are substantially identical to 
the transactions described in the ruling letters 
listed in subparagraph (A). 
(g) PRISTINE SEABED.— 
(1) IN GENERAL.—In enforcing chapter 551 of 
title 46, United States Code, the Secretary may not 
determine that such chapter does not apply to— 
(A) the pristine seabed of the outer Conti-
nental Shelf; or 
(B) articles or devices, including seismic 
nodes or rock, aggregate, or other scour protec-
tion materials, either temporarily or perma-
nently placed onto or embedded into the seabed 
on the outer Continental Shelf. 
(2) ATTACHED ARTICLES.—In enforcing chap-
ter 551 of title 46, United States Code, the Sec-
retary shall determine that any articles or devices 
described in paragraph (1)(B) that are attached to 
the seabed are merchandise for the purposes of sec-
tion 55102 of such title. 
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(3) REVOCATION
OF
CERTAIN
RULING
LET-
TERS.—The Secretary shall revoke or modify, as ap-
propriate, any ruling letters that apply an incorrect 
determination described in paragraph (1), including 
the following headquarters ruling letters: 
(A) HQ H317289 (March 25, 2021). 
(B) HQ 115799 (September 30, 2002). 
(4) REINSTATEMENT
OF
RULING
LETTER.— 
Upon revoking and modifying the agency actions 
under paragraph (3), the Secretary shall reinstate 
headquarters ruling letter HQ H309186 (January 
27, 2021). 
SEC. 6. PETITIONS BY DOMESTIC INTERESTED PARTIES. 
(a) IN GENERAL.—Chapter 551 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 55124. Petitions by domestic interested parties 
‘‘(a) REQUEST FOR INTERPRETIVE RULING.—The 
Secretary of Homeland Security shall, upon written re-
quest by an interested party, furnish, within 60 days, an 
interpretive ruling regarding a non-coastwise qualified ves-
sel’s activities and compliance with Federal laws in the 
internal waters of the United States, the territorial sea, 
and the waters of the outer Continental Shelf, including 
the vessel’s compliance with this chapter and section 
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50503. If the interested party believes that the conclusion 
of such interpretive ruling, or any other interpretive ruling 
regarding the interpretation, application, or enforcement 
of the coastwise laws, is incorrect, such party may file a 
petition with the Secretary setting forth the following: 
‘‘(1) Such party’s understanding of the factual 
scenario. 
‘‘(2) The outcome of the decision that such 
party believes to be proper in the provided factual 
scenario and the reasons supporting such party’s be-
lief. 
‘‘(b) DETERMINATION ON PETITION.—If, after re-
ceipt and consideration of a petition filed by such an inter-
ested party, the Secretary determines that the conclusion 
reached in the contested letter is not correct, the Secretary 
shall determine the proper outcome and notify the peti-
tioner of the Secretary’s determination within 60 days. 
‘‘(c) CONTEST BY PETITIONER.—If the Secretary de-
termines that the contested interpretive ruling filed pursu-
ant to subsection (a) is correct, the Secretary shall notify 
the petitioner within 30 days. If dissatisfied with the de-
termination of the Secretary, the petitioner may file with 
the Secretary, not later than 30 days after the date of 
the notification, notice that it desires to contest the ruling. 
Upon receipt of notice from the petitioner, the Secretary 
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