Section 1 Short title
This Act may be cited as the “Open America's Ports Act”.
Open America's Ports Act
A BILL
To adjust certain ownership and other requirements for passenger vessels, and for other purposes.
Sec. 2 Repeal of PVSA and adjustment of Jones Act requirements for passenger vessels
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Section 55103 of title 46, United States Code (commonly referred to as the “Passenger Vessel Services Act of 1886”), is repealed.
Adjustment of Jones Act requirements— Chapter 121 of title 46, United States Code, is amended—
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.”
in section 12112(a)—
in paragraph (1), by inserting “except in the case of a vessel described in subparagraph (C) of paragraph (2),” before “satisfies”; and
in paragraph (2)—
in subparagraph (A), by striking “or” after the semicolon;
in subparagraph (B)(iii), by striking “; and” and inserting “; or”; and
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”
in section 12121(b), by striking “55102, and 55103” and inserting “and 55102”.
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.”
Conforming amendments— Chapter 551 of title 46, United States Code, is amended—
by repealing section 55104; and
in section 55121—
in the section heading, by striking “and passengers”;
by striking subsection (a);
by striking “(b)” and all that follows through “States.—”; and
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.