Safeguarding American Tourism Act

Bill Number

S. 2536

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Transportation and Public Works

Status

Introduced

Latest Action

2025-07-30: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Last Updated

2025-09-17T16:30:25Z

AI-Generated Summary

Purpose

The Safeguarding American Tourism Act (S. 2536) aims to promote tourism by exempting large cruise ships—defined as vessels with 800 or more passenger berths—from specific U.S. maritime and immigration requirements that apply to passenger vessels. This would allow these ships to more easily operate domestic routes, including those involving foreign ports, without needing to fully comply with U.S.-specific building, ownership, crewing, and landing rules.

Key Provisions

• Exemption from Passenger Vessel Services Act (PVSA) Domestic Requirements: Adds a new subsection to 46 U.S.C. § 55103 stating that PVSA rules—which generally require passenger vessels on domestic voyages to be U.S.-built, U.S.-owned, and U.S.-crewed—do not apply to vessels with 800 or more passenger berths.
• Exemption from Jones Act Requirements: Amends 46 U.S.C. Chapter 121 (on vessel documentation and citizenship) to exclude large cruise ships from needing U.S. citizenship documentation when transporting passengers between U.S. ports or places, even if the route goes directly or via a foreign port. This includes changes to sections 12103 and 12112, allowing foreign-built or foreign-owned vessels to qualify for coastwise trade (transport between U.S. points) under limited conditions.
• Adjustment to Citizenship and Navy Reserve Manning Requirements: Revises 46 U.S.C. § 8103(k) to exempt large cruise ships from rules mandating a certain proportion of U.S. citizens or Navy Reserve members in the crew for watchstanding duties on domestic routes.
• Simplification of Permits for Alien Crew Members: Amends 8 U.S.C. § 1282(a) (Immigration and Nationality Act) to ease temporary landing permissions for non-U.S. crew on large cruise ships. Officers can allow crew to land for the duration of a valid visa if they intend to depart, and crew may leave via any vessel or aircraft (not just the one they arrived on), removing prior time limits and discretionary language.
• Rule of Construction: Clarifies that the exemptions apply only to the specific laws amended and do not broadly waive other U.S. laws, such as safety or environmental regulations.

Significant Changes to Existing Law

• From PVSA and Jones Act: Previously, these laws enforced strict "U.S.-flag" requirements (vessels must be U.S.-built, owned by U.S. citizens, and crewed mostly by U.S. citizens) for any passenger transport between U.S. ports, promoting domestic maritime industry protection. The bill creates a carve-out for large cruise ships, allowing foreign-flagged vessels to compete in this market without full compliance.
• From Manning Rules: Shifts from mandatory U.S. citizen/reserve crew quotas to full exemption for large vessels on domestic routes, reducing operational burdens.
• From Immigration Rules: Replaces rigid time-based landing limits (e.g., up to 29 days) with visa-duration permissions and broader departure options, streamlining processes for international crews while maintaining intent-to-depart checks.

Potential Impacts

• On Government Agencies: The U.S. Coast Guard and Department of Homeland Security (DHS) may see reduced enforcement needs for documentation and crewing on large cruises but could face increased oversight for safety and immigration compliance. This might lower administrative costs but require updated guidance.
• On Citizens and Tourism: U.S. tourists could benefit from more affordable and diverse cruise options, potentially boosting the tourism economy (e.g., more itineraries including U.S. ports). However, it may disadvantage U.S. workers in shipbuilding and maritime jobs by favoring foreign operators.
• On International Relations: Could improve ties with foreign cruise operators (e.g., from Europe or Asia) by easing access to U.S. waters, but might strain relations with U.S. allies expecting reciprocal maritime protections.

Main Stakeholders Affected

• Cruise Industry Operators: Large international cruise lines (e.g., those with ships like Royal Caribbean or Norwegian) would gain the most, facing fewer barriers to U.S. domestic routes and lower costs for crewing and documentation.
• U.S. Maritime Workers and Unions: Shipbuilders, U.S.-flagged vessel owners, and seafarer unions (e.g., American Maritime Officers) may be negatively impacted by reduced demand for U.S.-built ships and American crews.
• Tourists and Ports: Passengers and U.S. port communities (e.g., in Florida or Alaska) could see economic gains from increased cruise traffic and spending.
• Immigrant and Foreign Crew Members: Non-U.S. crew on cruises would experience simpler visa and landing processes, aiding global workforce mobility.

Notable Legal, Constitutional, or Political Implications

• Legal: The bill narrows protectionist maritime laws (PVSA and Jones Act, dating back to 1920) without altering their core for smaller vessels, potentially inviting lawsuits from affected U.S. industries claiming unfair competition. The immigration changes align with visa-based discretion but could raise concerns about enforcement gaps under existing immigration statutes.
• Constitutional: No direct challenges, as it involves congressional authority over commerce and immigration (Article I, Section 8). However, exemptions might indirectly affect equal protection if seen as favoring foreign entities over domestic ones.
• Political: Introduces a targeted deregulation to support tourism recovery (post-pandemic context implied), but could spark debate on "America First" policies versus economic openness. Referred to the Senate Commerce Committee, passage might depend on balancing industry lobbying from tourism versus maritime sectors.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Lee, Mike [R-UT]

Recent Actions

• 2025-07-30: Read twice and referred to the Committee on Commerce, Science, and Transportation.
• 2025-07-30: Introduced in Senate

Bill Versions

• Safeguarding American Tourism Act — issued 2025-07-30 — PDF (4 pages)