H.R. 3940 (119th)Bill Overview

Open America's Waters Act

Transportation and Public Works|Transportation and Public Works
Cosponsors
Support
Republican
Introduced
Jun 12, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the Subcommittee on Coast Guard and Maritime Transportation.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The Open America’s Waters Act would remove statutory coastwise trade restrictions in 46 U.S.C. that implement the Jones Act by revising section 12112(a) and making multiple conforming amendments (including repeal of section 12132). The bill directs the Commandant of the U.S. Coast Guard to issue implementing regulations within 90 days requiring vessels permitted to engage in coastwise trade to meet appropriate safety and security requirements.

Why people may split

Labor and domestic-industry protection vs. free-market competition: liberals emphasize job and shipyard losses, conservatives emphasize lower costs and market efficiency.

Watch point

Relative to its intended legislative type, this bill is a clear substantive policy change that directly amends multiple provisions of title 46 U.S.C. and repeals a specific section.

The Open America’s Waters Act would remove statutory coastwise trade restrictions in 46 U.S.C. that implement the Jones Act by revising section 12112(a) and making multiple conforming amendments (including repeal of section 12132).

The bill directs the Commandant of the U.S. Coast Guard to issue implementing regulations within 90 days requiring vessels permitted to engage in coastwise trade to meet appropriate safety and security requirements.

Several cross-references in Title 46 are edited to reflect the repeal and related changes.

Passage25/100

On content alone, this is a high‑impact statutory repeal that removes long‑standing protections for an entrenched industry. It is ideologically salient and likely to provoke strong, organized resistance from affected stakeholders and from members concerned about national security and domestic jobs. The bill lacks built‑in compromise features that would soften opposition. These factors together make enactment unlikely without substantial amendment, offsets, or a compromise package.

CredibilityMisaligned

Relative to its intended legislative type, this bill is a clear substantive policy change that directly amends multiple provisions of title 46 U.S.C. and repeals a specific section. It includes limited administrative direction (a 90-day regulatory deadline) and appropriate conforming and clerical edits.

Contention72/100

Labor and domestic-industry protection vs. free-market competition: liberals emphasize job and shipyard losses, conservatives emphasize lower costs and market efficiency.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Consumers · CitiesCities · Workers

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • ConsumersLower transportation costs and increased competition for domestic point-to-point maritime shipping (including between s…
  • CitiesGreater availability of vessels and expanded freight capacity that could improve supply-chain flexibility for ports, sh…
  • Potential benefitPotential for increased port activity and related jobs in cargo handling, logistics, and terminal operations driven by…
Likely burdened
  • CitiesReduced demand for U.S.-built ships and pressure on the U.S. shipbuilding industrial base, which could cause job losses…
  • WorkersAdverse effects on U.S. merchant mariner employment and wages if foreign crews or lower-wage operators replace U.S.-cre…
  • Potential burdenPotential national-security and emergency-response concerns from weaker domestic control over vessels operating between…
03 · Why people split

Why the argument around this bill splits.

Labor and domestic-industry protection vs. free-market competition: liberals emphasize job and shipyard losses, conservatives emphasize lower costs and market efficiency.
Progressive10%

A mainstream progressive would likely view this bill as a rollback of longstanding U.S. maritime protections that support American shipbuilding, seafarer jobs, and emergency maritime readiness.

They would be concerned that removing Jones Act restrictions will allow foreign-built or foreign-crewed vessels to compete directly on domestic coastwise routes, undermining labor standards and domestic industrial capacity.

They would note the short 90-day regulatory deadline as insufficient to protect workers or ensure strong environmental and safety safeguards.

Likely resistant
Centrist45%

A pragmatic moderate would see clear tradeoffs: the bill could reduce shipping costs and increase competition on domestic routes, but it also risks long-term damage to U.S. shipbuilding, maritime jobs, and national surge capacity.

They would want independent analysis of economic, security, and safety consequences and would be wary of a rapid regulatory implementation timetable.

The centrist stance would be mixed or cautious, seeking amendments for targeted safeguards and a phased approach.

Split reaction
Conservative80%

A mainstream conservative would generally view this bill favorably as reducing protectionist barriers, increasing competition, lowering costs for shippers and consumers, and removing what they see as outdated cabotage rules that distort markets.

They would welcome the deregulatory intent but may still stress the need to preserve safety and security; the bill’s 90-day directive to the Coast Guard for safety/security regulations helps address that concern.

They would likely support repeal, perhaps while seeking clear, narrow security-related exceptions.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood25/100

On content alone, this is a high‑impact statutory repeal that removes long‑standing protections for an entrenched industry. It is ideologically salient and likely to provoke strong, organized resistance from affected stakeholders and from members concerned about national security and domestic jobs. The bill lacks built‑in compromise features that would soften opposition. These factors together make enactment unlikely without substantial amendment, offsets, or a compromise package.

Scope and complexity
86%
Scopesweeping
52%
Complexitymedium
Why this could stall
  • No cost or economic analysis is included in the bill text; the magnitude and distribution of fiscal and economic effects (on shipping costs, shipbuilding employment, port revenues, federal procurement) are unknown and would affect legislative dynamics.
  • Absent are assessments from national security or defense agencies; such determinations (if negative) could materially increase opposition.
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Labor and domestic-industry protection vs. free-market competition: liberals emphasize job and shipyard losses, conservatives emphasize low…

On content alone, this is a high‑impact statutory repeal that removes long‑standing protections for an entrenched industry. It is ideologic…

Unlocked analysis

Relative to its intended legislative type, this bill is a clear substantive policy change that directly amends multiple provisions of title 46 U.S.C. and repeals a specific section. It includes limited administrative di…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis