Why Is the Jones Act Important for the US Economy and Military

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A black cargo ship labeled 'Campbell' sailing near rocky cliffs under a cloudy sky.
Credit: pexels.com, A black cargo ship labeled 'Campbell' sailing near rocky cliffs under a cloudy sky.

The Jones Act is a vital piece of legislation that has a significant impact on the US economy and military. Its importance cannot be overstated, especially when it comes to the country's maritime industry.

The Jones Act ensures that all goods transported by water between US ports are carried on ships that are built, owned, and operated by American companies. This has a profound effect on the country's economy, as it creates jobs and stimulates growth in the maritime sector.

The Act also plays a crucial role in maintaining the US military's readiness and capability. The Navy's reliance on Jones Act-compliant ships allows for the transportation of troops, equipment, and supplies, ensuring the military's ability to respond to emergencies and crises.

Importance and Impact

The Jones Act has a significant impact on the shipping industry and the economy of the United States. The law was passed in 1920 to boost the shipping industry, but it has had unintended consequences.

Credit: youtube.com, What is the Jones Act?

The Jones Act requires that all cargo transported between U.S. ports travel on U.S.-built, U.S.-crewed, and U.S.-flagged ships, which can be expensive. The total average cost of operating a U.S.-flagged vessel is 2.7 times higher than that incurred by foreign-flagged counterparts.

This increased cost is due in part to the fact that crews on U.S.-flagged vessels are paid 5.3 times more than those on foreign-flagged ships. Additionally, foreign-flagged ships pay few or no U.S. taxes, while U.S. shipping companies pay combined tax rates as high as 38 percent.

The Jones Act also has a significant impact on the cost of shipping to outlying territories, such as Hawaii, Alaska, and Puerto Rico. This is because U.S.-built tankers can cost between $100 million and $135 million, at least three times what they cost on world markets.

Here is a comparison of the costs of shipping oil from different regions:

As you can see, it's several times cheaper to ship oil to northeastern ports from Nigeria and Saudi Arabia than from the Gulf Coast. This highlights the need for reform of the Jones Act to make shipping more cost-effective and competitive.

Puerto Rico's Impact

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Puerto Rico's economy is heavily affected by the Jones Act, which requires U.S. shipping for cargo between the island and the U.S. mainland, increasing the cost of development for the island's economy.

The restrictions on U.S. vessels transporting goods to Puerto Rico increase the costs of getting cargo to the island, making it difficult for the island's economy to compete with other territories.

Critics of the Jones Act say it is outdated and harmful to the economies of Puerto Rico, Hawaii, and Alaska, where the law's restrictions on U.S. vessels increase the costs of getting cargo to these locations.

The Jones Act's impact on Puerto Rico's economy is a significant concern, with many calling for reform or repeal of the law to help the island's economy thrive.

Here are some key statistics on the impact of the Jones Act on Puerto Rico:

Affect on Cruise Ships

Cruise ships that are flagged in a foreign country have to include foreign ports in their itinerary if they start and end in a U.S. port. This is due to the 1886 Passenger Vessel Services Act.

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This can result in passengers disembarking at ports that violate the Jones Act, which can lead to fines. I've heard of instances where passengers were confused about the rules and ended up in trouble.

A foreign-flagged cruise ship can't transport passengers directly between two U.S. ports, so they have to make a stop at a foreign port to comply with the law. This can be frustrating for passengers who just want to visit the U.S. without any extra stops.

Requirements and Waivers

To understand the importance of the Jones Act, let's take a closer look at its key requirements and waivers. Ships transporting cargo between two U.S. ports must be owned by U.S.-based companies, with over 75% of the ownership stake held by U.S. citizens.

The Jones Act also has strict requirements for a ship's crew, which must consist of a majority of U.S. citizens. This means that non-U.S. citizens can't make up the majority of a ship's crew, even if they're highly skilled or experienced.

Credit: youtube.com, Maritime Workers: The Jones Act EXPLAINED

Ships must also be built and registered in the U.S. to comply with the Jones Act. This can be a significant advantage for U.S. shipbuilders and the domestic maritime industry as a whole.

To provide relief in the event of a natural disaster, the Jones Act may be waived to increase the number of ships that can supply goods to an affected area. This waiver can be granted by the Secretary of Homeland Security, who has the final authority in such cases.

In addition to disaster relief, the Secretary of Defense can request waivers in the "interest of national defense." This means that the Secretary of Defense can ask for a waiver to be granted, and the Secretary of Homeland Security will make the final decision. There is also a separate procedure for non-defense entities to request waivers.

Requirements

Requirements can be complex, but let's break them down. To transport cargo between two U.S. ports, a ship must be owned by a U.S.-based company with over 75% of the ownership stake held by U.S. citizens.

The crew of the ship must also consist of a majority of U.S. citizens. This means that non-U.S. citizens may be on board, but they must be outnumbered by U.S. citizens.

Ships must be built and registered in the U.S. to meet these requirements.

Waivers

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Waivers can be a crucial lifeline in times of crisis, allowing for flexibility in meeting requirements. In the event of a natural disaster, the Jones Act can be waived to increase the number of ships supplying goods to an affected area.

The Secretary of Defense can request waivers in the interest of national defense, and there's a separate procedure for non-defense entities. The final authority for a waiver is always the Secretary of Homeland Security.

If you're wondering what happens in a natural disaster, it's worth noting that waivers can be granted to increase the number of ships supplying goods.

Wrongful Death Claims

Wrongful death claims can be filed by beneficiaries or dependents of a seaman who dies aboard a vessel.

If a seaman dies, their dependents may be entitled to financial support in various forms, including lost wages and funeral costs.

The lawsuit may also provide compensation for the seaman's medical expenses before death and special costs needed for dependent children.

Pain and suffering of the seaman before death can also be taken into account in a wrongful death claim.

Establish National Shipyards

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Establishing national shipyards would help resolve the current vessel shortage. A national shipyard, possibly administered by MARAD, would build critical oceangoing Jones Act fleet vessels.

Heavy-lift vessels are essential for carrying oversized equipment like wind turbine parts. They're also key to moving dredging fleets to project sites.

Building LNG tankers would enable Jones Act-compliant vessels to ship gas to New England, lowering prices in that region. This would reduce reliance on foreign vessels overall.

Criticism and Controversy

The Jones Act has faced intense criticism for its impact on trade with Puerto Rico, where it has been cited as a factor in the island's economic and budgetary troubles. A 2019 report found that the Act adds significant costs to the island's economy, with differentials between US and foreign-flagged carriers ranging from 41% to 62% for bulk cargo and 29% to 89% for containerized freight.

The waiver of the Act was implemented in 2022 after Hurricane Fiona hit Puerto Rico, allowing a non-US flagged ship to transport fuel to the island. This move was made in response to pressure to waive the rule due to a fuel shortage.

Opponents of the Act hope that its repeal will result in decreased shipping costs, lower prices, and less strain on government budgets.

Punitive Damages Claims

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Punitive damages claims can be a game-changer for seamen who've been injured on the job. In cases where the employer was recklessly negligent, a seaman may be able to claim punitive damages in addition to medical costs and lost wages.

It's not a guarantee, though - the employer's reckless disregard for employee safety must be proven. This can be a tough hurdle to clear, but it's a crucial one.

Criticism

Criticism of the Jones Act has been widespread, with many citing its impact on Puerto Rico's economy and budget. The differentials between U.S. and foreign-flagged carriers range from 41% to 62% for bulk cargo and 29% to 89% for containerized freight.

The additional costs caused by the Act for Puerto Rico's economy are nearly $1.2 billion, which comes to roughly $374 per resident. This is a significant burden on the island's economy.

The waiver of the Act was implemented in 2022 after Hurricane Fiona hit Puerto Rico, allowing a non-U.S. flagged ship to transport fuel to the island. This was done to ensure that citizens could run generators needed for electricity and critical facilities.

Critics of the Act hope that a repeal will result in decreased shipping costs, lower prices, and less strain on government budgets.

How the U.S. Military is Supported

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The U.S. military relies heavily on the private maritime industry, which includes ships, terminals, ports, and associated technologies, to be used during wartime.

This industry is crucial for the military's ability to operate effectively in times of need. The U.S. Navy, in particular, relies on having a private maritime industry ready to be used during wartime.

Humanitarian Aid and Logistics

Humanitarian aid delivery during crises is complicated by the Jones Act, which imposes high shipping costs and routine shipping disruptions on noncontiguous states and territories like Hawaii and Puerto Rico.

These shipping disruptions can be devastating, especially after natural disasters when Jones Act-compliant vessels are unavailable. The Jones Act's restrictions can delay the delivery of essential aid, exacerbating the suffering of affected communities.

Establishing a policy similar to Canada's Coasting Trade Act could streamline humanitarian aid response by prioritizing disaster relief from domestic vessels while incorporating foreign vessels as needed.

Complicates Humanitarian Aid Delivery

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Complicating humanitarian aid delivery during crises is a major issue. The Jones Act, which regulates shipping between US ports, can make it difficult to get aid to those who need it quickly.

Noncontiguous states and territories like Hawaii and Puerto Rico bear unusually high shipping costs. This is because they have to rely on Jones Act-compliant vessels, which can be scarce and expensive.

Shipping disruptions after natural disasters are a common problem. In these situations, it can be hard to get aid to those in need because Jones Act-compliant vessels are often unavailable.

This can lead to delays and increased costs for humanitarian aid delivery. It's a critical issue that needs to be addressed to ensure that aid gets to those who need it as quickly and efficiently as possible.

Streamline Humanitarian Aid

Streamlining humanitarian aid response is crucial in disaster situations. Canada's Coasting Trade Act is a great example of how to do it efficiently.

Credit: youtube.com, DHL Disaster Response: the inside track of how humanitarian logistics happens

The act gives preference to competing offers from Canadian vessels willing to provide the same service. This ensures that domestic vessels get priority in disaster relief efforts.

Establishing a similar policy in the US could prioritize disaster relief from domestic vessels while incorporating foreign vessels as needed. This would help speed up the aid response process.

A policy similar to Canada's could be established to streamline humanitarian aid response. This would help ensure that aid reaches those who need it quickly and efficiently.

Frequently Asked Questions

What are Jones Act benefits?

Under the Jones Act, seamen injured or ill on the job are entitled to receive Maintenance and Cure Payments, as well as Personal Injury Damages, from their employers

What are the pros and cons of the Jones Act?

The Jones Act supports American shipbuilding and jobs, but limits domestic ocean trade due to high costs. It also maintains high American standards for workers, but restricts trade with foreign vessels.

Calvin Connelly

Senior Writer

Calvin Connelly is a seasoned writer with a passion for crafting engaging content on a wide range of topics. With a keen eye for detail and a knack for storytelling, Calvin has established himself as a versatile and reliable voice in the world of writing. In addition to his general writing expertise, Calvin has developed a particular interest in covering important and timely subjects that impact society.

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