Congress moves to dismantle 100-year maritime labor protection
H.R. 3940 — Open America's Waters Act · Filed by Tom McClintock (R-CA) · Introduced Jun 12, 2025 · Referred to committee
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What it does
This bill repeals the Jones Act's restrictions on coastwise trade by removing requirements that vessels engaged in domestic maritime commerce be U.S.-built, U.S.-owned, and U.S.-crewed. It allows foreign-built and foreign-owned vessels to obtain a coastwise endorsement if they meet U.S. safety and security standards, and directs the Coast Guard to issue implementing regulations within 90 days.
Why we flagged it
The bill's operative mechanism is the repeal of statutory restrictions on foreign vessel participation in U.S. coastwise trade. It is a deregulatory measure that opens a protected domestic maritime market to foreign competition by removing nationality and construction requirements.
What the text implies
- Repeal of Section 12132 (loss of coastwise trade privileges) removes the enforcement mechanism that previously penalized vessels for violating Jones Act rules, eliminating a deterrent to non-compliance.
- Conforming amendments to Sections 3703a, 12120, 12121, 12117, 14305, and 31329 systematically strip cross-references to the repealed restrictions, suggesting comprehensive deregulation rather than a narrow carve-out.
The full analysis lists 4 implications of this text.
Who stands to gain
foreign shipping companies and vessel operators; foreign shipbuilders; importers and exporters using domestic maritime routes