‘‘(b) REVIEW OF COMPLIANCE.—The Secretary shall 
periodically, but not less than once annually, inspect each 
covered facility to verify that the owner or operator of such 
covered facility is in compliance with this section. 
‘‘(c) PENALTY.—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 owner or operator is 
not in compliance with this section. 
‘‘(d) DEFINITION OF COVERED FACILITY.—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 and operates under section 
302(a)(3) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1356(a)(3)).’’. 
(b) RULEMAKING.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall, in 
consultation with the Secretary of Labor, promulgate reg-
ulations that specify the prevailing wage requirements 
under section 8108 of title 46, United States Code, as 
added by this section. 
(c) EXISTING EXEMPTIONS.— 
(1) 
EFFECT
OF
AMENDMENTS; 
TERMI-
NATION.—Each exemption under section 30(c)(2) of 
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the Outer Continental Shelf Lands Act (43 U.S.C. 
1356(c)(2)) issued before the date of the enactment 
of this Act— 
(A) shall not be affected by the amend-
ments made by this section during the 120-day 
period beginning on the date of the enactment 
of this Act; and 
(B) shall not be effective after such period. 
(2) NOTIFICATION
TO
HOLDERS.—Not later 
than 60 days after the date of the enactment of this 
Act, the Secretary shall notify all persons that hold 
an exemption described in paragraph (1) that such 
exemption will expire as provided in paragraph (1). 
(d) RULE OF CONSTRUCTION.—The prevailing wage 
requirements under section 8108 of title 46, United States 
Code, as added by this section, shall not be construed to 
apply to collective bargaining agreements at ports, marine 
terminals, or similar facilities that are in effect as of the 
date of enactment of this Act. 
(e) CLERICAL AMENDMENT.—The analysis for chap-
ter 81 of title 46, United States Code, is amended by add-
ing at the end the following: 
‘‘8108. Prevailing wage requirement.’’. 
SEC. 11. RULEMAKING ON GARAMENDI AMENDMENT. 
Not later than 90 days after the date of enactment 
of this Act, the Commandant of the Coast Guard shall 
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issue such regulations as are necessary to implement the 
amendments to section 4(a)(1) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1333(a)(1)) made by section 
9503 of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (Public Law 
116–283). 
SEC. 12. RULES OF CONSTRUCTION. 
(a) OUTER CONTINENTAL SHELF LANDS ACT.— 
Nothing in this Act may be construed to nullify or super-
sede any other provision of law relating to the outer Conti-
nental Shelf (as such term is defined in section 2 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331)). 
(b) RULING LETTERS.—Nothing in this Act may be 
construed as congressional validation of a ruling letter, in-
terpretative guidance, doctrine, or other action relating to 
the enforcement of chapters 121 and 551 of title 46, 
United States Code (commonly referred to as the ‘‘Jones 
Act’’) issued by the Secretary. 
SEC. 13. DEFINITIONS. 
In this Act: 
(1) LIFTING OPERATIONS.—The term ‘‘lifting 
operations’’ means self-propelled movements by a 
vessel when using a crane, or other similar equip-
ment, to install or remove merchandise on or from 
offshore facilities or subsea infrastructure. 
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(2) MERCHANDISE.—The term ‘‘merchandise’’ 
has the meaning given such term in section 
55102(a) of title 46, United States Code. 
(3) OCEANOGRAPHIC RESEARCH VESSEL.—The 
term ‘‘oceanographic research vessel’’ has the mean-
ing given such term in section 2101 of title 46, 
United States Code. 
(4) OUTER CONTINENTAL SHELF.—The term 
‘‘outer Continental Shelf’’ has the meaning given 
such term in section 2 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331). 
(5) RULING LETTER.—The term ‘‘ruling letter’’ 
means any ruling letter or headquarters ruling letter 
relating to the enforcement of chapters 121 and 551 
of title 46, United States Code (commonly referred 
to as the ‘‘Jones Act’’), issued by the Commissioner 
of U.S. Customs and Border Protection pursuant to 
sections 502(a) or 625 of the Tariff Act of 1930 (19 
U.S.C. 1502(a) and 1625). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security, acting through 
the Commissioner of U.S. Customs and Border Pro-
tection. 
Æ 
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