In the aftermath of the devastation wrought by Hurricane Maria on Puerto Rico, an obscure law governing maritime commerce has grabbed national headlines: The Merchant Marine Act of 1920, known colloquially as the Jones Act. After facing political pressure and at the request of Puerto Rico Gov. Ricardo Rosselló, on September 28, President Trump issued a 10-day waiver of the Act to ease shipping regulations on the island. That waiver expired last week.
Many in Puerto Rico, along with members of the Puerto Rican diaspora living on the US mainland, argue that the statute is stifling aid by presenting an unnecessary barrier to the procurement of basic relief supplies. Maritime unions, meanwhile, contend that the measure is essential for protecting seafaring workers.
So what is the Jones Act? What does it do? And what other factors might be getting in the way of supplies reaching Puerto Ricans?
What the Jones Act Does and Doesn’t Do
The Jones Act stipulates that only US-flagged ships can operate between US ports, so any American goods coming into Puerto Rico via US-governed ports have to arrive on US-flagged, US-made ships. This mandate prioritizes the use of American ships and workers, and inhibits foreign shipping companies’ access to inter-US shipping routes.
Passed on the heels of World War I, the measure, named for its sponsor, Rep. Wesley Jones (R-Wash.), was intended to ensure that America would thrive in maritime commerce and be full of seafaring men in case they were needed for another war.
The law includes provisions protecting seafarers’ rights, requiring ships transporting goods between US ports to abide by the maritime labor laws and environmental standards outlined in the Jones Act.
Foreign-flagged vessels from foreign ports are not prevented from docking in Puerto Rico, only from shuttling goods from the mainland to the island. The law also doesn’t mandate that imported goods bound for Puerto Rico pass through a mainland port first.
The Jones Act doesn’t apply…