Open America's Ports Act
- Sponsor
- Sen. Lee, Mike [R-UT]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Jul 30, 2025
Bottom line
The bill deregulates the U.S. domestic passenger vessel industry by removing long-standing protectionist laws, potentially increasing competition and consumer options but impacting U.S. maritime jobs and shipbuilding.
What it actually does
This bill repeals the Passenger Vessel Services Act of 1886 (PVSA) and significantly amends the Jones Act requirements specifically for passenger vessels. It exempts passenger vessels operating between U.S. ports from U.S. build, U.S. ownership, and U.S. crewing requirements, effectively opening domestic passenger trade to foreign-flagged and foreign-crewed ships.
Proponents argue
Proponents argue that repealing the PVSA and adjusting Jones Act requirements for passenger vessels will foster greater competition in the domestic cruise market, leading to lower prices and more diverse travel options for American consumers. They contend that these existing laws are outdated protectionist measures that stifle economic growth and tourism.
Opponents contend
Opponents contend that this bill would severely undermine the U.S. maritime industry, leading to significant job losses for American mariners and shipbuilders. They argue that the existing laws are crucial for national security, ensuring a domestic sealift capacity and a skilled U.S. maritime workforce, which would be jeopardized by increased reliance on foreign vessels and crews.
The bill text is very short and concise, making it highly accessible for a quick review to understand its core provisions.
Section 2(a)
Repeal of Passenger Vessel Services Act of 1886
This provision completely repeals Section 55103 of title 46, United States Code, which is commonly known as the Passenger Vessel Services Act (PVSA). The PVSA generally requires vessels transporting passengers between U.S. ports to be U.S.-built, U.S.-owned, and U.S.-crewed, or to pay a penalty. Its repeal would allow foreign-flagged passenger vessels to operate domestic itineraries without restriction.
Supporters argue
Supporters argue that repealing the PVSA will open the U.S. domestic cruise market to global competition, leading to more choices and potentially lower prices for consumers, while also boosting tourism in U.S. port cities.
Critics contend
Critics contend that repealing the PVSA would severely harm the U.S. domestic passenger vessel industry, leading to job losses for U.S. mariners and undermining the economic viability of U.S.-flagged operations.
Tradeoffs
The provision balances the economic benefits of increased competition and consumer choice against the protection of domestic maritime industries and jobs.
Section 2(b)
Adjustment of Jones Act Requirements for Passenger Vessels
This section amends Chapter 121 of title 46, United States Code, to specifically exempt passenger vessels operating between U.S. ports (either directly or via a foreign port) from certain Jones Act requirements. It modifies sections 12103 and 12112(a) to state that the requirements for U.S. ownership and U.S. build do not apply to these passenger vessels, allowing foreign-built and foreign-owned ships to engage in domestic passenger trade.
Section 2(c)
Exemption for Passenger Vessels from U.S. Crewing Requirements
This section amends Section 8103(k) of title 46, United States Code, to exempt passenger vessels operating between U.S. ports from subsections (a) and (b) of that section. These subsections generally mandate that certain percentages of the crew on U.S. vessels be U.S. citizens and U.S. Navy Reserve members. This exemption would allow passenger vessels in domestic trade to employ non-U.S. citizens and non-Navy Reserve members for their crews.
Section 2(d)
Conforming Amendments
This section makes necessary technical and conforming amendments to other parts of title 46, United States Code, and the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. These changes ensure that the legal code is consistent with the repeal of the PVSA and the adjustments made to the Jones Act requirements for passenger vessels, including repealing section 55104 and modifying section 55121.