Lawmakers on both sides of the aisle are pushing the Trump administration to reject an appeal from Puerto Rico to temporarily waive a controversial measure called the Jones Act, a law intended to protect American shipping and maritime interests.
The Jones Act was adopted in 1920 and stipulates that only U.S. ships can carry cargo between U.S. ports, an attempt to strengthen the merchant marine fleet by nixing foreign competition. Similarly, it requires that at least 75 percent of the ship’s crew be American citizens and that the vessels be built or rebuilt in the U.S.
Although Puerto Rico Gov. Ricardo Rossello requested in December that U.S. Customs and Border Protection waive the Jones Act for 10 years so foreign tankers could carry liquid natural gas to the island, a bipartisan group of lawmakers from the House Transportation and Infrastructure Committee recently urged Homeland Security Secretary Kirstjen Nielsen to reject the appeal.
“Administrative waivers of the Jones Act are constrained purposefully to rare cases where such a waiver is ‘necessary in the interest of national defense.’ Even in those cases where the Secretary of Homeland Security may consider a waiver based on the same national defense pretext, the Secretary is required to consider other information and additional conditions, such as the availability of U.S. flag vessels,” the lawmakers wrote in a letter to Nielsen this month.
The letter, signed by lawmakers including House Transportation and Infrastructure Committee Chairman Peter DeFazio, D-Ore., and committee ranking member Rep. Sam Graves, R-Mo., argued that the Jones Act has “promoted vibrant economic growth and ensured national security,” while also providing jobs for Americans in the maritime trade and shipbuilding industries to support the 40,000 vessels that are part of the Jones Act.
“It is our belief that no valid national defense rationale exists to support this waiver request of the Jones Act for Puerto Rico, especially for a ten-year period,” the lawmakers wrote.
The letter claimed that the administration is weighing approving the waiver. The Department of Homeland Security declined to comment to the Washington Examiner.
Not all lawmakers are on board with the Jones Act, with many skeptics coming from areas that are landlocked. Critics argue that the Jones Act is an outdated protectionist rule that poses challenges in transporting cargo and hikes costs for consumers.
Repealing the Jones Act gained some momentum in 2017, especially after Hurricane Maria devastated Puerto Rico. President Trump approved a 10-day waiver, after lawmakers called for a full-year waiver to help deliver supplies like food and medicine to the beleaguered U.S. territory.
Historically, members of Congress who oppose the Jones Act have attempted to deal with the problem through legislation rather than waivers. The late Sen. John McCain, R-Ariz., introduced several measures during his time in office that would have repealed the Jones Act, including in July 2017, with support from former Sen. Jeff Flake, R-Ariz., and Sen. Mike Lee, R-Utah.
Lee still supports rolling back the Jones Act. His communications director, Conn Carroll, told the Washington Examiner that Lee is planning to introduce a measure after the Senate returns from recess that would permanently repeal the Jones Act.
“The Jones Act is just another example of a federal regulation that harms American consumers, gives foreign corporations an edge over American businesses, and makes disaster response harder,” Lee said in a statement in September 2017. “It is far past time to repeal it.”
