Overview
Title
To repeal the Jones Act restrictions on coastwise trade, and for other purposes.
ELI5 AI
S. 3662 wants to change the rules so more types of ships can carry goods between places in the United States. It also asks the Coast Guard to make sure these ships are safe, but they have to do it really quickly!
Summary AI
S. 3662 aims to repeal the Jones Act restrictions on coastwise trade in the United States. The bill proposes amendments to various sections of title 46 of the United States Code, allowing vessels that meet U.S. qualifications to receive a coastwise endorsement. It mandates that the United States Coast Guard issue regulations within 90 days to ensure vessels engaging in coastwise trade comply with safety and security standards. The bill also includes several conforming amendments to existing laws to remove outdated references to the repealed restrictions.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
The bill titled "Open America's Waters Act", identified as S. 3662, is a legislative proposal introduced in the United States Senate. The crux of the bill is to repeal the restrictions imposed by the Jones Act, specifically those related to coastwise trade. The Jones Act, which has been a pivotal component of U.S. maritime law since 1920, mandates that the transportation of goods between U.S. ports must be conducted on ships that are built, owned, and operated by United States citizens or permanent residents.
General Summary of the Bill
The primary aim of the bill is to amend current U.S. code to allow more vessels to engage in coastwise trade by issuing a coastwise endorsement to any vessel that qualifies under U.S. laws. This change could potentially open U.S. waters to more foreign-built and foreign-operated ships, provided they meet specific qualifications. Furthermore, the bill sets forth a requirement that the Commandant of the Coast Guard issues regulations ensuring that these vessels adhere to appropriate safety and security requirements.
Significant Issues
The bill presents several significant issues that warrant attention:
Broad Regulatory Changes: By amending Section 12112(a), the bill introduces substantial changes to coastwise trade regulations, potentially without providing detailed safety and security measures. This could lead to implementation challenges affecting maritime safety and national security.
Regulatory Development Timeline: The allotted 90-day period for the Coast Guard to issue safety and security regulations could be insufficient for comprehensive consideration and stakeholder engagement. This time constraint risks the development of poorly considered regulations.
Economic Implications: Repealing Section 12132, which concerns the loss of coastwise trade privileges, may lead to unintended economic consequences for stakeholders who currently rely on the Jones Act's protections and limitations.
Legal and Operational Confusion: Conforming amendments across different sections of the U.S. Code may cause legal and operational confusion, necessitating careful attention to ensure consistency and clarity.
Impact on the Public and Stakeholders
The potential impact of this bill on the public and specific stakeholders is multifaceted:
Public Impact: For the general public, including consumers, the repeal of the Jones Act's restrictions could lead to reduced shipping costs and lower prices for goods moved between U.S. ports. However, it could also pose risks to maritime safety and security if the regulations are not adequately implemented.
Specific Stakeholders:
- U.S. Maritime Industry: Stakeholders such as U.S. shipbuilders and operators might face increased competition from foreign counterparts, potentially affecting their market share and employment levels within the domestic maritime sector.
- Importer and Exporter Businesses: These entities might benefit from more competitive shipping rates and increased efficiency in logistics operations.
- Coast Guard and Regulatory Bodies: These agencies may experience increased pressure to quickly develop and enforce new regulatory frameworks without compromising safety and security standards.
Conclusion
Overall, the "Open America's Waters Act" proposes significant changes to longstanding maritime trade regulations that could enhance competition and reduce costs but simultaneously raise concerns related to safety, security, and domestic industry protection. Careful consideration and stakeholder involvement are essential to mitigate potential risks and maximize the benefits of these regulatory changes.
Issues
The amendment to Section 12112(a) of title 46 introduces broad changes to coastwise trade regulations without specifying detailed safety and security measures, potentially leading to uncertain implementation outcomes, which may impact maritime safety and national security (Section 2(a)).
The 90-day timeframe for the Commandant of the United States Coast Guard to issue regulations is potentially too short for thorough consideration and stakeholder consultation, risking insufficient regulatory development (Section 2(b)).
The repeal of Section 12132 of title 46, which addresses loss of coastwise trade privileges, could have unintended economic consequences affecting stakeholders reliant on existing regulations, leading to potential economic disruptions (Section 2(c)(4)).
The conforming amendments across several sections of the U.S. Code might lead to confusion due to the need for careful cross-referencing to ensure consistency and clarity, risking legal and operational misunderstandings (Section 2(c)(1)-(8)).
The amendment lacks specific criteria for qualifying vessels for coastwise trade, leading to potential ambiguity and inconsistent application, which could affect fairness and competitiveness within the maritime industry (Section 2(a)).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the document provides the short title of the law, officially naming it the "Open America's Waters Act".
2. Repeal of certain limitations on coastwise trade Read Opens in new tab
Summary AI
The section amends laws related to coastwise trade, allowing more vessels to receive a coastwise endorsement if they meet U.S. qualifications and requiring them to comply with safety and security regulations. It also includes several updates to existing laws, removing outdated provisions which previously limited the qualifications related to specific vessel types.