I 
117TH CONGRESS 
1ST SESSION H. R. 3873 
To adjust certain ownership and other requirements for passenger vessels, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2021 
Mr. MCCLINTOCK introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on the Judiciary, 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 adjust certain ownership and other requirements for 
passenger vessels, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Open America’s Ports 
Act’’. 
SEC. 2. REPEAL OF PVSA AND ADJUSTMENT OF JONES ACT 
REQUIREMENTS FOR PASSENGER VESSELS. 
(a) REPEAL OF PVSA DOMESTIC REQUIREMENTS.— 
Section 55103 of title 46, United States Code (commonly 
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referred to as the ‘‘Passenger Vessel Services Act of 
1886’’), is repealed. 
(b) ADJUSTMENT OF JONES ACT REQUIREMENTS.— 
Chapter 121 of title 46, United States Code, is amended— 
(1) in section 12103, by adding at the end the 
following: 
‘‘(d) NONAPPLICABILITY.—The requirements of this 
section shall not apply to any vessel that transports pas-
sengers between ports or places in the United States to 
which the coastwise laws apply, either directly or via a 
foreign port.’’; 
(2) in section 12112(a)— 
(A) in paragraph (1), by inserting ‘‘except 
in the case of a vessel described in subpara-
graph (C) of paragraph (2),’’ before ‘‘satisfies’’; 
and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘or’’ after the semicolon; 
(ii) in subparagraph (B)(iii), by strik-
ing ‘‘; and’’ and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) transports passengers between ports 
or places in the United States to which the 
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coastwise laws apply, either directly or via a 
foreign port; and’’; and 
(3) in section 12121(b), by striking ‘‘55102, 
and 55103’’ and inserting ‘‘and 55102’’. 
(c) ADJUSTMENT OF CITIZENSHIP AND NAVY RE-
SERVE REQUIREMENTS.—Section 8103(k) of title 46, 
United States Code, is amended to read as follows: 
‘‘(k) EXEMPTION FOR PASSENGER VESSELS.—Sub-
sections (a) and (b) shall not apply to any vessel that 
transports passengers between ports or places in the 
United States to which the coastwise laws apply, either 
directly or via a foreign port.’’. 
(d) CONFORMING AMENDMENTS.—Chapter 551 of 
title 46, United States Code, is amended— 
(1) by repealing section 55104; and 
(2) in section 55121— 
(A) in the section heading, by striking 
‘‘and passengers’’; 
(B) by striking subsection (a); 
(C) by striking ‘‘(b)’’ and all that follows 
through ‘‘STATES.—’’; and 
(D) by striking ‘‘sections 55102 and 55103 
of this title do’’ and inserting ‘‘section 55102 of 
this title does’’. 
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SEC. 3. ADJUSTMENTS RELATING TO PERMITS TO LAND 
TEMPORARILY FOR ALIEN CREWMEN. 
Section 252(a) of the Immigration and Nationality 
Act (8 U.S.C. 1282(a)) is amended, in the matter pre-
ceding paragraph (1), by striking ‘‘not to exceed—’’ and 
all that follows through the period at the end of paragraph 
(2) and inserting ‘‘not to exceed the period of time during 
which the crewman is in possession of a valid, unexpired 
visa issued pursuant to such paragraph, if the immigration 
officer is satisfied that the crewman intends to depart— 
‘‘(1) on the vessel or aircraft on which the 
crewman arrived; or 
‘‘(2) on a vessel or aircraft other than the ves-
sel or aircraft on which the crewman arrived.’’. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in the amendments made by this Act shall 
be construed to exempt a vessel that transports passengers 
between ports or places in the United States to which the 
coastwise laws apply, either directly or via a foreign port, 
from any applicable law of the United States except as 
explicitly provided in such amendments. 
Æ 
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