Open America’s Ports Act
Bill: H.R.3873 | Sponsor: Rep. McClintock, Tom (R-CA)
Policy area: Transportation and Public Works

Summary:
Open America's Ports Act
This bill allows foreign vessels to transport passengers between U.S. ports and places. (Under current law, such vessels generally must be built in the United States and owned and crewed by U.S. citizens.)

To adjust certain ownership and other requirements for passenger 
                    vessels, 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 ``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 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Services Act of 1886''), is repealed.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 passengers 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 subparagraph (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 striking 
                        ``; and'' and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(C) transports passengers between ports or places 
                in the United States to which the 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 Reserve Requirements.--
Section 8103(k) of title 46, United States Code, is amended to read as 
follows:
    ``(k) Exemption for Passenger Vessels.--Subsections (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''.

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 preceding 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 vessel 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.
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