Open America’s Ports Act

Bill: 117-hr-3873
Sponsor: full_name: Rep. McClintock, Tom [R-CA-4]
Introduced: 2021-06-14
Policy area: Transportation and Public Works
Subjects: Citizenship and naturalization

Foreign labor

Immigration status and procedures

Licensing and registrations

Marine and inland water transportation

Navigation, waterways, harbors

Transportation employees

Visas and passports
Latest action: action_date: 2022-11-01
text: Referred to the Subcommittee on Immigration and Citizenship.

Summaries:
action_date: 2021-06-14
action_desc: Introduced in House
text: <p><strong>Open America's Ports Act</strong></p> <p>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.)</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 3873 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.

1. Short title This Act may be cited as the Open America’s Ports Act . 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Section 55103 of title 46, United States Code (commonly referred to as the Passenger Vessel Services Act of 1886 ), is repealed.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 . 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. . 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.