[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5991 Introduced in House (IH)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Close Agency Loopholes to the Jones
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1920, Congress enacted the Merchant Marine Act
(chapters 121 and 551 of title 46, United States Code),
commonly referred to as the ``Jones Act''.
(2) In 1953, Congress enacted the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) applying the Constitution,
laws, and civil and political jurisdiction of the United States
to the outer Continental Shelf.
(3) In 2020, Congress enacted section 9503 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) affirming that
application of the Constitution, laws, and civil and political
jurisdiction of the United States to the outer Continental
Shelf also applies to non-mineral energy resources and
exploring for, developing, producing, transporting, or
transmitting such resources.
(4) Therefore, the Jones Act prohibits the use of a non-
Jones Act qualified vessel for the provision of any coastwise
transportation of merchandise to or from a port of the United
States (including territories or possessions to which the
coastwise laws apply) to any point on the outer Continental
Shelf, or between any two points on the outer Continental
Shelf.
(5) U.S. Customs and Border Protection (hereinafter
referred to as ``CBP'') is responsible for interpreting and
enforcing the Jones Act. CBP has issued ruling letters and
other interpretative guidance to requesting parties that
provide the description of proposed activities.
(6) Unlike most federal agencies, CBP is required 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
interpretative guidance. As a result, CBP and market
participants treat as binding ruling letters and interpretative
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 ordered by a Federal court to rescind such
ruling letters, CBP does not take enforcement action against
other foreign vessels engaging in substantially identical
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'') revoking 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
context,'' 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 properly 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.
(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 Supreme 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 administrative
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 Congress' statutory
description of ``merchandise,'' and the explicit,
limited statutory exemption;
(B) the ``paid out not unladen'' doctrine, which
provides that pipe or cable laying operations 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;
(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 movements by a vessel
when using a crane or like equipment to install or
remove merchandise on or from offshore facilities or
subsea infrastructure;
(E) the ``decommissioning activity'' exemption,
which purports that merchandise transported as a result
of decommissioning--i.e., the restoration of the sea-
floor and the water surface 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 research vessels to
commercial research activities that directly support
the exploration for, or development, production,
transportation, or transmission of, resources, on the
outer Continental Shelf; and
(G) the ``pristine seabed'' exemption, where CBP
has purported to hold that Outer Continental Shelf
Lands Act's explicit application 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 statute's plain
text and the expressed intent of Congress, or found
unpersuasive by a Federal court, it will be invalidated as
arbitrary and capricious.
(14) Federal courts have not squarely addressed the
interpretations contained in these CBP ruling letters and other
guidance, and thus have never upheld these interpretations as
valid and authoritative.
SEC. 3. PRECLUDING EXEMPTIONS FROM JONES ACT REQUIREMENTS FOR CERTAIN
FOREIGN VESSELS.
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 commercial transportation services to directly support the
exploration for, or development, production, transportation, or
transmission of, resources, including 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.).
SEC. 4. OCEANOGRAPHIC RESEARCH VESSELS.
(a) In General.--In enforcing chapter 551 of title 46, United
States Code, the Secretary may not determine that a vessel engaging in
commercial research activities to directly support the exploration for,
or development, production, transportation, or transmission of,
resources, including 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.) is not
engaged in trade or commerce under such chapter.
(b) Oceanographic Research Vessel Clarification.--Section 50503 of
title 46, United States Code is amended by inserting ``, except that
any vessel engaging in commercial research activities to directly
support the exploration for, or development, production,
transportation, or transmission of, resources, including 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.) may be determined to be engaged in trade or
commerce under this section'' after ``trade or commerce''.
(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,
production, transportation, or transmission of, resources, including
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 headquarters 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 modify, 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
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 equipment'' or
``equipment'' that conflicts with the definition of the term
``merchandise'' or sections 55105, 55106, 55107, 55108, 55110,
55113, and 55115 of such title.
(2) Revocation or modification of certain ruling letters.--
(A) In general.--The Secretary shall revoke or
modify, as appropriate, any ruling letters that apply
an incorrect interpretation of the terms ``vessel
equipment'' or ``equipment'' as described in paragraph
(1), including the following 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).
(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 transactions.--The
Secretary shall revoke or modify, 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).
(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, including the transportation of
merchandise attached to such pipe or cable, are not subject to
such chapter because the vessel pays out the pipe or cable to a
coastwise point.
(2) Revocation or modification of certain ruling letters.--
(A) In general.--The Secretary shall revoke or
modify, as appropriate, any ruling letters that apply
an incorrect determination with respect to pipe or
cable laying operations described in paragraph (1),
including the following 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).
(viii) HQ 101925 (October 7, 1976) (also
referred to as T.D. 78-387).
(B) Substantially identical transactions.--The
Secretary shall revoke or modify, 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 certain agency actions.--
The Secretary shall--
(A) revoke or modify, as appropriate, any ruling
letters that apply the exemption described in paragraph
(1);
(B) modify the Customs Bulletin and Decision 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'' (Customs 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, accorded by the
Secretary to transactions that are substantially
identical to the transactions described in this
paragraph.
(3) Reinstatement of certain ruling letters.--Upon revoking
and modifying the agency actions under paragraph (2), the
Secretary shall reinstate the following headquarters ruling
letters (popularly 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 merchandise between points in the United
States for purposes of section 55102 of title 46, United States
Code:
(A) HQ 115185 (November 20, 2000).
(B) HQ 115218 (November 30, 2000).
(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 treatments, including ruling
letters, accorded by the Secretary to transactions that are
substantially identical to the transactions described in the
ruling letters described 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 decommissioning an installation or
facility on the outer Continental Shelf from the requirements
of such chapter.
(2) Revocation or modification of certain ruling letters.--
The Secretary shall revoke or modify, as appropriate--
(A) any ruling letters that apply the exemption
described in paragraph (1), including the headquarters
ruling letter HQ H004242 (December 22, 2006); and
(B) any treatments, including ruling letters,
accorded by the Secretary to transactions that are
substantially identical to the transactions 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 merchandise
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 certain ruling letters.--
(A) In general.--The Secretary shall revoke or
modify, as appropriate, any ruling letters that apply
an incorrect determination described in paragraph (1),
including the following headquarters ruling letters:
(i) HQ H317289 (March 25, 2021).
(ii) HQ 115799 (September 30, 2002).
(iii) HQ 116602 (January 30, 2006).
(iv) HQ 108442 (August 13, 1986).
(B) Substantially identical transactions.--The
Secretary shall revoke or modify, 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 Continental
Shelf; or
(B) articles or devices, including seismic nodes or
rock, aggregate, or other scour protection materials,
either temporarily or permanently placed onto or
embedded into the seabed on the outer Continental
Shelf.
(2) Attached articles.--In enforcing chapter 551 of title
46, United States Code, the Secretary shall determine that any
articles or devices described in paragraph (1)(B) that are
attached to the seabed are merchandise for the purposes of
section 55102 of such title.
(3) Revocation of certain ruling letters.--The Secretary
shall revoke or modify, as appropriate, 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 following:
``Sec. 55124. Petitions by domestic interested parties
``(a) Request for Interpretive Ruling.--The Secretary of Homeland
Security shall, upon written request by an interested party, furnish,
within 60 days, an interpretive ruling regarding a non-coastwise
qualified vessel'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 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 belief.
``(b) Determination on Petition.--If, after receipt and
consideration of a petition filed by such an interested 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 petitioner of the Secretary's determination within 60
days.
``(c) Contest by Petitioner.--If the Secretary determines that the
contested interpretive ruling filed pursuant to subsection (a) is
correct, the Secretary shall notify the petitioner within 30 days. If
dissatisfied with the determination 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 shall cause
publication to be made within 7 days of the Secretary's determination
as presented in the ruling letter.
``(d) Review of Interpretive Ruling.--Not later than 90 days after
the petitioner files the notice of a desire to contest a ruling under
subparagraph (c), any interested party may commence an action in any
district court of the United States, subject to the venue requirements
of section 1391 of title 28, by filing concurrently a summons and
complaint, each with the content and in the form, manner, and style
prescribed by the rules of such court, contesting any legal conclusions
of the Secretary.
``(e) Rulemaking.--Not later than 60 days after the date of
enactment of this section, the Secretary shall issue such regulations
as are necessary to implement this section.
``(f) Definitions.--In this section:
``(1) Coastwise qualified vessel.--The term `coastwise
qualified vessel' has the meaning given such term in section
55108(a).
``(2) Interested party.--The term `interested party'
means--
``(A) the owner or operator of a vessel engaged in
coastwise trade;
``(B) a manufacturer of coastwise qualified
vessels;
``(C) a certified union, recognized union, or group
of workers or mariners which is representative of an
industry engaged or employed in--
``(i) the coastwise trade; or
``(ii) construction of coastwise qualified
vessels;
``(D) a trade or business association of which the
majority of members are--
``(i) owners or operators of vessels
engaged in coastwise trade; or
``(ii) manufacturers of coastwise qualified
vessels; or
``(E) an association of which the majority of
members are persons described in paragraphs (1) through
(4).''.
(b) Rulemaking.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall issue such regulations as are
necessary to implement the amendments made by subsection (a).
(c) Clerical Amendment.--The analysis for chapter 551 of title 46,
United States Code, is amended by adding at the end the following:
``55124. Petitions by domestic interested parties.''.
SEC. 7. CONGRESSIONAL REVIEW ACT APPLICABILITY.
(a) In General.--Notwithstanding section 804(3)(A) of title 5,
United States Code, for purposes of the application of chapter 8 of
such title to a covered ruling letter, the term ``rule'' shall be read
to include such a covered ruling letter.
(b) Definition.--In this subsection, the term ``covered ruling
letter'' means a ruling letter issued after the date of enactment of
this Act.
SEC. 8. NOTIFICATION.
(a) Advance Notification Required.--Prior to engaging in any
activity or operations on the outer Continental Shelf, the operator of
a foreign vessel used in such activity or operations shall file with
the Secretary a notification describing all activities and operations
to be performed on the outer Continental Shelf and an identification of
applicable ruling letters issued by the Secretary that have approved
the use of a foreign vessel in a substantially similar activity or
operation.
(b) Publication of Notices.--
(1) Publication.--The Secretary shall publish a
notification under subsection (a) in the Customs Bulletin and
Decisions within 14 days of receipt of such notification.
(2) Confidential information.--The Secretary shall redact
any information exempt from disclosure under section 552 of
title 5, United States Code, in a notification published under
paragraph (1).
SEC. 9. PUBLICATION OF FINES AND PENALTIES.
(a) In General.--Section 55102 of title 46, United States Code, is
amended by adding at the end the following:
``(d) Publication of Penalty.--
``(1) In general.--Not later than 14 days after the
issuance of a pre-penalty notice or a penalty, including a
settlement, under subsection (c), the Secretary of Homeland
Security shall publish such pre-penalty notice or a
notification of such penalty in the Customs Bulletin and
Decisions to the party impacted by the penalty.
``(2) Contents.--A pre-penalty notice or penalty
notification published under paragraph (1) shall include--
``(A) the name and the International Maritime
Organization identification number of the vessel that
is the subject of the penalty;
``(B) the name of the owner of the vessel that is
the subject of the penalty;
``(C) the amount of the fine or value of
merchandise seized; and
``(D) a summary of the alleged misconduct and
justification for imposing a penalty.''.
(b) Rulemaking.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall issue such regulations as are
necessary to implement the amendments made by subsection (a),
including--
(1) regulations regarding the information to be contained
in a penalty notification under section 55102(d) of title 46,
United States Code (as amended by such subsection); and
(2) any changes to existing regulations relating to
penalties issued by the Secretary.
SEC. 10. PREVAILING WAGE REQUIREMENT.
(a) In General.--Chapter 81 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 8108. Prevailing wage requirement
``(a) In General.--The Secretary shall require the owner or
operator of a covered facility to provide each individual who is
manning or crewing the covered facility a prevailing wage (as such term
is defined in section 3141 of title 40) as determined by the Secretary
of Labor in accordance with subchapter IV of chapter 31 of title 40
(commonly referred to as the Davis-Bacon Act).
``(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 regulations 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; termination.--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--
(A) 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
(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 chapter 81 of title 46,
United States Code, is amended by adding 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 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 Defense 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 supersede any other provision of law relating
to the outer Continental 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, interpretative 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 equipment, to install or remove merchandise on
or from offshore facilities or subsea infrastructure.
(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 meaning 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 Protection.
<all>