Keeping Up With the Jones Act

— By Kevin Drum, Mother Jones
| Fri Jul. 2, 2010 3:00 AM PDT

Have you heard of the Jones Act? Unless you read Newsmax and listen to a
lot of right-wing radio, probably not. It's an obscure statute that's
been on the books since 1920, and it requires all shipping between U.S.
ports or in U.S. coastal waters to be carried in U.S.-flag ships that
are owned and crewed by U.S. citizens.

So why are conservatives suddenly up in arms about it? Because, they
claim, it's a labor-inspired rule that's obstructing aid to a Gulf Coast
being ravaged by the BP oil spill. Why, if only President Obama would
stand up to the union bosses and grant a waiver to the rule, we could
get help from the Dutch, the Norwegians, the Belgians, and all the other
countries that desperately want to help but are being kept away. Sarah
Palin got the ball rolling on this meme a couple of weeks ago when she
said, "It’s amazing to me and to so many others that though President
Bush had been able to waive Jones Act provisions for Katrina, President
Obama hasn’t thought to do that yet?" It's been a right-wing talking
point ever since.

This is, as it happens, entirely false. No waivers have been requested
yet because so far none have been needed. The Jones Act doesn't apply to
vessels like oil skimmers that would be used in coastal areas, and the
world's largest skimmer, a converted Taiwanese supertanker, is in the
Gulf and will begin operations soon. It doesn't apply at all more than
three miles off the coast, where the spill itself is taking place. There
are, it turns out, over a dozen foreign flagged ships helping out with
spill operations. "To date," reports FactCheck.org, "25 countries and
four international organizations have offered support in the form of
skimming vessels, containment and fire boom, technical assistance and
response solutions, among others." Only one offer has been declined.

From factcheck.org:


Oil Spill, Foreign Help and the Jones Act

June 23, 2010
Corrected: July 1, 2010
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Q: Did Obama turn down foreign offers of assistance in cleaning up the
Gulf oil spill? Did he refuse to waive Jones Act restrictions on
foreign-flag vessels?

A: No to both questions. So far, offers from six foreign countries or
entities have been accepted and only one offer has been rejected.
Fifteen foreign-flag vessels are working on the cleanup, and none
required a waiver.

FULL QUESTION

Is it true that Obama blocked foreign help with cleaning up the Gulf oil
spill because he refused to waive the Jones Act, which requires all
boats to be American made and crewed by Americans to work in U.S.
waters, even though it has been routinely waived for similar events?

FULL ANSWER

We’ve received several questions about the federal government’s response
to the oil spill. This one claims that a provision of the Merchant
Marine Act, called the Jones Act, has prohibited foreign vessels from
entering U.S. waters and assisting in the cleanup.

Some critics have charged — falsely — that Obama’s refusal to waive the
Jones Act has kept foreign vessels from assisting in cleanup efforts. In
a June 23 interview on "Fox & Friends," Republican Rep. Charles Djou of
Hawaii was asked by show host Gretchen Carlson about the Jones Act and
why the administration was refusing foreign assistance. Djou answered:

Djou, June 23: It’s important that we take help from whomever and
wherever they’re willing to offer it. … So why are we not waiving the
Jones Act to allow international help to come in? … Why we’re not
waiving it here … is baffling.

Former Alaska Gov. Sarah Palin and Texas Sen. Kay Bailey Hutchison, both
Republicans, have also claimed that the Jones Act, which was temporarily
lifted by President Bush after Hurricane Katrina, is now standing in the
way of foreign vessels bringing assistance to the United States. They
are both incorrect. Palin stated this in an interview with Fox News’
Greta Van Susteren:

Palin, June 11: For one, there needs to be a waiving of the Jones
Act so that we could have had many, many days ago, weeks ago, some help
with skimmers from elsewhere, besides just U.S. flagships, come over and
help in this tragedy. And that order needs to be given to [Coast Guard]
Admiral [Thad] Allen right now. It’s amazing to me and to so many others
that though President Bush had been able to waive Jones Act provisions
for Katrina, President Obama hasn’t thought to do that yet? And yet
surely, that has been suggested by those experts around him.

In reality, the Jones Act has yet to be an issue in the response
efforts. The Deepwater Horizon response team reported in a June 15 press
release that there are 15 foreign flagged ships currently participating
in the oil spill cleanup. None of them needed a waiver because the Jones
Act does not apply. The Jones Act is a trade and commerce law that was
enacted in 1920 as part of a larger Marine Merchant Act. It requires all
trade delivered between U.S. ports to be carried in U.S. flagged vessels
constructed in the United States and owned by American citizens. The law
states its purpose is to develop a merchant marine for national defense
and commerce.


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When do Republicans lie? Every time they open their mouths.