Posted: October 20, 2011

Congress moves to create transparency in Jones Act waiver process, ensure full use of U.S. maritime capabilities


Following dozens of Jones Act waivers to carry oil from the Strategic Petroleum Reserve, Congressional leaders have introduced legislation with bipartisan support that would create transparency in the waiver process and help ensure the cabotage law is being appropriately applied and enforced.

The American Mariners Job Protection Act (H.R. 3202) was introduced last week by U.S. Representatives Elijah Cummings (D-MD) and Jeff Landry (R-LA). The legislation would change the process the Maritime Administration utilizes to determine if a Jones Act waiver is necessary. MARAD would, when issuing a waiver, be required to provide information on the actions that could be taken to enable Jones Act-qualified vessels to carry the cargo for which the Jones Act waiver is sought. The legislation would also require MARAD to publish determinations on its Web site and notify Congress when a waiver is requested or issued.

"Our first priority in this Congress is to create and preserve jobs for Americans," Rep. Cummings said. "This Act will increase transparency to strengthen adherence to the Jones Act and ensure we make full use of American maritime capabilities. I want to make certain that every Jones Act-qualified ship that can carry cargo is full and that every American mariner who is ready to earn a good day's wage for a good day's work is able to do so. This bill will do that."

The legislation was introduced following the issuance of 46 Jones Act waivers to allow foreign vessels and foreign workers to transport oil recently released from the Strategic Petroleum Reserve. The Maritime Trades Department, AFL-CIO, has decried these waivers and pointed to the "ample availability of American-flag tankers and barges with well-trained, highly qualified American citizen crews."

"American mariners are the most qualified and safest workers in the world; we must ensure that they are being fully utilized," Rep. Landry said. "I know the American Mariners Job Protection Act will give Americans much desired government transparency and ensure that the American mariner is always the first option."