This Act adjusts maritime regulations, including exemptions from the PVSA and Jones Act for very large passenger vessels, and modifies temporary landing procedures for alien crewmen.
Mike Lee
Senator
UT
The Safeguarding American Tourism Act adjusts existing maritime laws, primarily exempting very large passenger vessels (800+ berths) from certain requirements under the Passenger Vessel Safety Act and the Jones Act regarding crewing and citizenship. Additionally, the bill clarifies the discretionary authority of officers regarding temporary landing permits for alien crewmen. This legislation ensures that these exemptions do not override other applicable U.S. laws governing coastwise trade.
The newly introduced Safeguarding American Tourism Act is all about making life easier for the biggest cruise ships on the water—vessels carrying 800 or more passengers. Essentially, this bill carves out significant exemptions from two major maritime laws: the Jones Act and the Passenger Vessel Safety Act (PVSA). If you’re a passenger or a U.S. maritime worker, this is the fine print you need to read.
Section 2 is where the heavy lifting happens, specifically targeting ships with 800 or more passenger berths. For these massive floating hotels, the bill waives certain requirements under the Passenger Vessel Safety Act (PVSA). The PVSA is what sets safety standards for design, construction, and operation of passenger vessels. While the bill doesn't specify which PVSA requirements are being dropped (it refers to a specific section of the law), removing any part of a safety act for the largest ships on the water is a big deal. If you’re booking a cruise, you’re relying on the strongest possible safety standards, and this bill potentially lowers that floor for the biggest players.
Next, the bill adjusts the Jones Act requirements related to crewing and citizenship for these same large vessels. The Jones Act generally requires vessels operating between U.S. ports to be U.S.-flagged, U.S.-built, and U.S.-crewed. This bill modifies Sections 12103 and 12112 of the Jones Act, essentially exempting these 800+ berth ships from certain citizenship and crewing rules, even if their route includes a foreign stop. For U.S. maritime workers and unions, this is a direct challenge, as it opens the door for these massive ships—which often operate between U.S. ports like Seattle and Alaska, or New York and the Caribbean—to hire more non-U.S. citizens for jobs that traditionally provided opportunities for domestic labor. The bill grants operational flexibility to the cruise lines, but the cost could be reduced job security for American sailors.
Section 3 deals with alien crewmen—the foreign workers who staff these vessels—and how they get temporary permits to come ashore in the U.S. The bill modifies the rules regarding how long these crewmen can stay. Previously, the immigration officer had discretion to grant a specific, limited time. Now, the landing time is tied to the crewman's valid, unexpired visa, provided the officer is satisfied the crewman plans to leave. This change streamlines the process by linking the stay duration to existing documentation, but it shifts the focus from a fixed, short-term limit to a potentially longer window tied to the visa's expiration. This is an administrative change that benefits the cruise lines by simplifying logistics for their international staff.
This legislation is a clear win for the operators of massive cruise ships. The exemptions from the PVSA and the Jones Act mean lower regulatory compliance costs and greater flexibility in crewing and operations. They can save money by potentially using less expensive labor sources and facing fewer safety regulations than smaller vessels. However, the costs of this “safeguarding American tourism” appear to be borne by two groups: U.S. maritime workers, who face increased competition due to relaxed crewing standards, and passengers, who rely on the full force of the PVSA to ensure the safest possible conditions on these huge vessels. While the bill includes a “Rule of Construction” (Section 4) that clarifies these exemptions don't override every other existing law, the specific regulatory rollbacks for safety and labor are front and center.