39
2 The Jones Act – The real natural disaster: An analysis of the Merchant Marine Act of 1920. By Joseph Morales, B.A. A Thesis Submitted to the Department of Public Policy and Administration California State University Bakersfield In Partial Fulfillment for the Degree of Master of Public Administration Spring 2018

The Jones Act – The real natural disaster: An analysis of

  • Upload
    others

  • View
    5

  • Download
    0

Embed Size (px)

Citation preview

Page 1: The Jones Act – The real natural disaster: An analysis of

2

The Jones Act – The real natural disaster: An analysis of the Merchant Marine Act of 1920.

By

Joseph Morales, B.A.

A Thesis Submitted to the Department of Public Policy and Administration

California State University Bakersfield

In Partial Fulfillment for the Degree of

Master of Public Administration

Spring 2018

Page 2: The Jones Act – The real natural disaster: An analysis of

Copyright

By

Joseph Morales

2018

Page 3: The Jones Act – The real natural disaster: An analysis of

The Jones Act- A Real Disaster: An analysis on the Merchant Marine Act of 1920.

By

Joseph Morales, B.S.

This thesis or project has been accepted on behalf of the Department of Public Policy and

Administration by their supervisory committee:

Thomas Martinez, Ph.D. Committee Chair

I~

3

Page 4: The Jones Act – The real natural disaster: An analysis of

4

MEMORANDUM

Date: 4/6/2018 To: 115th United States Congress From: Joseph Morales Re: Amendment to annul the Merchant Marine Act of 1920 (Jones Act). Recommendation: It’s clear that the U.S. shipbuilding industry has continued to decline over the last decade; despite it being, so called “protected” by this law. The concepts "Made in the USA" and "U.S. owned and operated" don’t hold the same meaning as they did several decades ago. Nowadays, supply chains and abrupt changes of ownership within a corporation have made this law obsolete, costly and a burden for those in noncontiguous areas. Thus, this study recommends, adhering to Senator McCain’s request, by now passing an amendment to annul the Merchant Marine Act of 1920. By repealing the Jones Act, not only will our economy benefit, without hurting our national security, but it will also ensure all Americans in noncontiguous areas, including my family in Puerto Rico, will receive immediate assistance, when the next natural disaster hits.

Background: The Jones Act’s original purpose was to address 3 main goals: 1) Establish the merchant marine; 2) Establish a sealift capacity; and, 3) Maintain the shipbuilding and maintenance capacity in the U.S. To accomplish this, the Jones Act requires all U.S. carriers, to only use U.S. flagged ships to carry U.S. cargo among U.S. ports. This means that the ships must be built by Americans, owned by Americans, and crewed by Americans. The law states that only U.S. carriers who use Jones Act qualified ships, which must be registered under the U.S. flag, can conduct business of transporting material between U.S. ports. These goals seem like a good idea, but unintended consequences of its stipulations have hurt many Americans in Alaska, Hawaii, Guam and Puerto Rico. The requirement that vessels must be built in America has caused an increase in the cost of goods for these smaller secondary ports due to lack of competition. The lack of competition in the US shipbuilding industry and in ocean carriers has driven up the cost of new ships. American shipyards only produce 2 ships a year compared to Japan, China and Korea which produces 90% of the world’s large vessels. Of the 7 major U.S. shipyards, only 3 are producing large commercial ships. This creates inefficiency and increases costs for building new ships up to 5x the cost it takes a country in Asia to build a comparable ship. Rationale: U.S. ports not connected to the mainland are bearing most of the shipbuilding costs because carriers are forced to charge higher prices to recoup the costs of building a Jones Act ship. Why is it that consumers in Alaska, Hawaii, Guam and Puerto Rico, who only make up 2% of the country’s population, are forced to pay a higher percentage of costs for their food, electricity and services, compared to Americans on the mainland? The answer lies in the fact that the Jones Act has failed to achieve its goals. It does not have a strong merchant marine, it does not have a strong sealift capacity, nor has it maintained a respectable shipbuilding capacity in the U.S.

Page 5: The Jones Act – The real natural disaster: An analysis of

5

Table of Contents Chapter 1: Introduction ................................................................................................................... 6 

Statement of the problem ............................................................................................................ 9 

Purpose of the study .................................................................................................................. 10 

Importance of the study ............................................................................................................. 11 

Chapter 2: Literature Review ........................................................................................................ 12 

Origins of the Jones Act ............................................................................................................ 12 

Goals of the Jones Act ............................................................................................................... 13 

Supporters of the Jones Act ....................................................................................................... 13 

Opponents of the Jones Act ....................................................................................................... 14 

Reform history........................................................................................................................... 15 

Chapter 3: Analysis of the Jones Act ............................................................................................ 17 

Costs of the Jones Act ............................................................................................................... 18 

Advantages of the Jones Act ..................................................................................................... 19 

Disadvantages of the Jones Act ................................................................................................. 20 

Economic impact of Jones Act on non-contiguous ports .......................................................... 21 

Alaska .................................................................................................................................... 21 

Guam ..................................................................................................................................... 22 

Hawaii .................................................................................................................................... 23 

Puerto Rico ............................................................................................................................ 24 

Examples of Economic Inefficiencies ....................................................................................... 27 

Cattle shipment from Hawaii to U.S. mainland..................................................................... 27 

New Jersey’s costs to get salt to treat its roads ...................................................................... 27 

Puerto Rico’s energy crisis and continuing blackouts ........................................................... 28 

Chapter 4: Conclusions and Recommendations ........................................................................... 30 

Recommendations ..................................................................................................................... 31 

Policy Recommendations ...................................................................................................... 31 

Research Recommendations .................................................................................................. 34 

Appendix A ................................................................................................................................... 36 

References ..................................................................................................................................... 37 

Page 6: The Jones Act – The real natural disaster: An analysis of

6

Chapter 1: Introduction

The Merchant Marine Act of 1920, also known as the Jones Act, is a United States

federal law that was introduced by Senator Wesley Jones after World War I. This law was

established to provide for the promotion and maintenance of the American merchant marine. It

was also passed with the intention of preserving national interests and providing for national

defense. Among its many purposes, the Jones Act regulates maritime commerce in US waters

and between US ports. Section 27 of the Jones Act requires that all goods transported by water

between US ports must be carried on US flag ships that were built in the US, that are owned by

US citizens, and that are crewed by at least 75% of US citizens (PBS, The Jones Act, 2017).

The Jones Act is a law that was created during a time when naval warfare, along with the

nation’s strategic interests, meant to have a strong merchant marine. This idea is what led

Congress to promote the American shipbuilding industry with a "restrictive protectionist

scheme" (Kashian, 2017). Protectionist not because it protects the American people, nor its

economy, but because it protects special interest groups that lobby to retain the law. Supporters

of this law say that the Jones Act is necessary for national security and that it saves jobs, which is

why there are strong unions that support it. However, recent research and analysis of the Jones

Act has demonstrated that it does not have a huge impact on the job market, nor that it is

necessary for our national security.

Although it was intended to keep American shipbuilding prosperous, many shipyards

have closed, and the US flagged fleet has shrunk and continues to be on the decline.

For most Americans, the Jones Act is a forgotten and confusing piece of legislation that was

established after World War I. But as citizens of Hawaii, Guam, and Puerto Rico, among others

Page 7: The Jones Act – The real natural disaster: An analysis of

7

can attest, it has had a far greater effect on our economy and cost of living than most people

realize (Kashian, 2017).

For example, in the aftermath of hurricane Maria, Puerto Rico, a US territory, is dealing

with horrifying devastation. We have heard through media outlets that their recovery is bound to

be long and difficult. Some say it will take up to 6 months or long to completely restore the

island’s power grid. So why not open the ports to emergency-supply-laden foreign boats? Plenty

of boats, which could be deployed for that task, come and go to the US, but there is one big

problem: The Jones Act does not allow it.

We know that under this law, all the transportation of goods between US ports must be

done by US vessels only. This means that ships from other countries can’t transport supplies

between US harbors. That limits the number of available emergency-supply-laden boats that can

transport, even in unusual, extreme situations such as the one going on in Puerto Rico right now.

So why didn’t the government grant a full waiver of the act to help Puerto Rico if they

did so for Texas and Florida? The Homeland Security Department says that under law, it can

only waive the Jones Act for purposes of national security, and that the potential cost savings of

lifting the law “is not material to our decision-making.” This becomes a major problem that has

yet to be addressed.

The Jones Act was created to address 3 main goals, which were to: 1) Establish the

merchant marine; 2) Establish a sealift capacity; and, 3) Maintain the shipbuilding and

maintenance capacity in the US. To accomplish these goals, the Jones Act requires all US

carriers, who are the companies that own and operate ships in the US, to only use US flagged

ships to carry US cargo among US ports. This means that the ships must be built in the US,

owned by US citizens and crewed by US citizens. The law states that only US carriers who use

Page 8: The Jones Act – The real natural disaster: An analysis of

8

Jones Act qualified ships, which must be registered under the US flag, can conduct business of

transporting material between US ports.

These goals seem like a good idea, but unintended consequences of its stipulations have

hurt many US citizens in Alaska, Hawaii, Guam and Puerto Rico. The requirement that vessels

must be US built has caused an increase in the cost of goods for these smaller secondary ports

because of lack in competition. The lack of competition in the US shipbuilding industry and in

ocean carriers has driven up the cost of new ships. The US shipyards only produce 2 ships a year

compared to Japan, China and Korea which produces 90% of the world’s large vessels (1,000-

ton gross ships). Of the 7 major US shipyards, only 3 are producing large commercial ships. This

lack of competition reduces efficiency and increases costs for building new ships up to 5x the

cost it takes a country in Asia to build a comparable ship (Kashian, 2017).

Consequently, US ports not connected to the mainland, are bearing more of the

shipbuilding costs because carriers are forced to charge higher prices to recoup the costs of

building a Jones Act ship. Why is it that consumers in Alaska, Hawaii, Guam and Puerto Rico,

who only make up 2% of the country’s population, are forced to pay a higher percentage of costs

for their food, electricity and services, compared to consumers in the mainland? The answer lies

in the fact that the Jones Act has failed to achieve its goals. It does not have a strong merchant

marine, it does not have a strong sealift capacity, nor has it maintained a respectable shipbuilding

capacity in the US.

The President of the Grassroot Institute, Keli’i Akina, Ph.D., said it best when describing

all the problems with the Jones Act. He said, “The Jones Act has backfired on all of its goals. It

has hurt American shipping, hurt our military, and hurt families who struggle to pay for the high

price of protectionism. The Jones Act cost Hawaii, Alaska, Puerto Rico and Guam billions of

Page 9: The Jones Act – The real natural disaster: An analysis of

9

dollars, but it’s likely that the nation suffers even higher costs.” He continued, “The Jones Act

has raised prices for American consumers and distorted the U.S. economy for almost 100 years.

It’s time to fix the problems associated with this outdated law and welcome a new era of

economic prosperity and trade" (Kashian, 2017).

For these reasons and more, I believe that abolishing the Jones Act should be considered,

either a full repeal or partial reform, which can not only improve our nation’s economy, while

keeping our borders safe, but can also save a lot of lives that desperately struggle to survive

against natural disaster devastation at home.

Statement of the problem

The Jones Act original intent was to strengthen the US ship building industry after World

War I. Its 3 main goals have been to have a strong merchant marine, establish a sealift capacity,

and maintain a shipbuilding and maintenance capacity. However, the problem is that, nearly 100

years later, these goals are no longer realistic. Stipulations under the act have been stifling to our

nation’s growth because it eliminates cabotage, which is the opportunity to compete with foreign

energy producers within the United States. Lack of competition means that some areas, like

Puerto Rico, must pay doubles the price for inefficiency (McCown, 2016).

We know that US ports that are not connected to the mainland rely heavily on ocean

shipping to import most, if not all, of their goods and services. However, a lack of competition

among shipyards has increased the costs to build new Jones Act ships, which has put carriers in a

position to charge higher prices to consumers. In consequence, a loaf of bread in these areas

costs consumers over $4 and a gallon of milk costs them over $6, compared to what consumers

pay on the mainland. Consumers in Hawaii, Alaska, Guam and Puerto Rico are seeing these

Page 10: The Jones Act – The real natural disaster: An analysis of

10

higher costs in their food, electricity bills (because petroleum must be imported) and in their

basic goods and services. But ask yourself, why do these people who only make up 2% of the US

population, must pay a higher percentage of cost than US consumers on the mainland?

Therefore, I believe it is important to analyze the Jones Act by shedding light on the

effects it’s had on our country, to see if it has achieved its main goals or not, and if so, to what

extent and to what impact it’s had on the U.S. economy and its consumers, to arrive to a

conclusion of whether it should still be a valid law or whether it should be terminated.

Purpose of the study

The purpose of this study is to analyze the Jones Act (Merchant Marine Act of 1920), to

assess if it has achieved its main goals and to measure what type of impact it’s had on the US

economy, specifically that of Alaska, Hawaii, Guam and Puerto Rico. This analysis will lead us

to see if the Jones Act law is still relevant in the 21st century and hopefully bring us to a clearer

conclusion to see if it is now time to bring this law to an end. This study will also evaluate the

unintended consequences brought upon by the Jones Act, such as lack of competition, loss of

jobs, higher costs of goods for consumers, and will analyze the type of impact this law has had

on US consumers and the shipbuilding industry. It will analyze if repealing or reforming the law

can have any influence on US national security and defense. The following categories will be

analyzed regarding the Jones Act to determine what are the advantages or disadvantages of the

law, and what type of impact it has had to the following areas:

Commercial ship building industry

National Defense and Merchant Marine Force

Consumers, employment, and economy.

Page 11: The Jones Act – The real natural disaster: An analysis of

11

Economies of Alaska, Guam, Hawaii and Puerto Rico; with emphasis on the

current state of crisis in Puerto Rico post Hurricane Maria.

This report examines existing research on the Jones Act to gain a clearer perspective on

how it has succeeded (or failed) in its objectives. This study assesses the effect the Jones Act is

having on the economic crisis in Puerto Rico. This analysis will help assess if the Jones Act

should be reformed, completely repealed, and/or if there are any alternatives that should be in

place of this law.

Importance of the study

Recently, our country has experienced several record-setting natural disasters all in a

matter of weeks. These disasters have left many people in Texas, Florida, and the Caribbean,

without basic needs like food, drinking water, and medicine. Some areas have been devastated

and left without power. If there's no power, there's no food, if there's no food there's illness, and

as a result, chaos and crime.

That is why I feel it is important, through this study, to shed light on how this old

protectionist law known as the Jones Act has negatively impacted our country, mainland and

territories. It is important for the reader to be aware that the Jones Act costs the nation billions of

dollars, at the expense of both consumers and select industries. This study will manifest that the

Jones Act is distorting the U.S. economy, endangering the U.S. merchant fleet, and risking the

lives of millions of people.

Page 12: The Jones Act – The real natural disaster: An analysis of

12

Chapter 2: Literature Review

Origins of the Jones Act

The Merchant Marine Act of 1920, also known as the Jones Act, is the foundation for

protectionist cabotage laws that govern American shipping. The purpose of the Jones Act was to

end the coast wide waivers that permitted use of foreign flagged ships. These waivers were

granted during World War I when many U.S. ships were requisitioned for the war, leaving many

secondary ports without ships. The Jones Act was also designed to create a safe network of

American jobs for merchant mariners in the years following World War I. This law was passed

into Congress, by Republican U.S. Sen. Wesley Jones of Washington, with the intention of

preserving national interests and providing for national defense by supporting a U.S. merchant

marine (Kashian, 2017).

Section 27 of the act was designed to cut off competition from Canada and to look out for

U.S. security. Many American politicians and military personnel were concerned after the U.S.

fleet was destroyed by the German navy in World War I. This concern led to the fear that the

country would fall behind at sea if its naval power was not strengthened during peacetime. A

strong and healthy commercial shipping fleet, known as the merchant marine, was viewed as a

key point in improving national defense. The Los Angeles Times hailed this law as an “America

first shipping law that would unshackle commerce and make shipping vessels 100% American"

(Pearce, 2017). The Jones Act doesn’t apply to cargo shipped between the mainland states and

the U.S. Virgin Islands, but it does affect Alaska, Guam, Hawaii, and Puerto Rico, whose 3.4

million residents get a large portion of their goods via container ships from the mainland.

Page 13: The Jones Act – The real natural disaster: An analysis of

13

Goals of the Jones Act

The main goals of the Jones Act are to strengthen national security by establishing the

merchant marine, establishing a sealift capacity, and maintaining a strong American shipbuilding

industry. Establishing a strong merchant marine was meant to ensure that the U.S. would have a

fleet of ships that could carry domestic and foreign commerce to and from U.S. ports.

Establishing a strong sealift capacity meant that in time of war or emergency, the U.S. Navy

could call on the merchant ships to help carry necessary supplies to strategic positions (PBS, The

Jones Act, 2017).

To accomplish all these goals, the act requires U.S. carriers (companies that own and

operate the ships) to use only U.S. flagged ships to transport U.S. cargo among U.S. ports. These

ships must be built in the U.S., owned by Americans and operated by American sailors. This also

means that only carriers who use Jones Act qualified ships can only conduct business of

transporting goods between U.S. ports if they are registered under the U.S. flag. Ships that do not

meet these qualifications cannot, after unloading their cargo, pick up another U.S. cargo to

deliver to another U.S. port. Foreign flagged ships can only unload their cargo at U.S. ports and

can only pick up foreign cargo to deliver to a non-U.S. port. To achieve these goals, the rules are

enforced by several federal agencies, including the Coast Guard and Federal Maritime

Commission.

Supporters of the Jones Act

Advocates of the Jones Act say that the legislation is of strategic economic and wartime

interest to the U.S. Like all protectionist laws, the Jones Act is supported heavily by a small

group, the U.S. shipbuilders and maritime transport companies, because it keeps prices high and

foreign competition low. These companies and their associations have lobbied to Congress for

Page 14: The Jones Act – The real natural disaster: An analysis of

14

years, arguing that eliminating the law would hurt the U.S. shipping industry. Supporters argue

that the Jones Act is an “essential component” of national security policy, and that shipbuilding

is a “foundational component of American manufacturing” (Hirono, 2015). Supporters, such as

Democratic Senator Mazie Hirono from Hawaii, argue that the Jones Act:

a) Ensures national security by providing reliable sealift capacity in times of war.

b) Ensures our ongoing viability as an ocean power by protecting American ship builders.

c) Promotes national security and American job creation, AND,

d) Provides well-paying jobs to nearly half a million Americans.

Opponents of the Jones Act

Detractors of the Jones Act argue that the legislation is “protectionist” and “outdated.”

They say that the Jones Act has resulted in far higher costs for transporting cargoes between U.S.

ports. Senator John McCain has long advocated to repeal the Jones Act and in January of 2015

stated, “I have long advocated for a full repeal of the Jones Act, an antiquated law that has far

too long hindered free trade, made the U.S. industry less competitive, and raised prices for

American consumers” (PBS, The Jones Act, 2017).

Those who against the Jones Act argue that there is a misconception when it comes to the

loss of jobs if this law is removed, because there are only 3 shipyards producing Jones Act ships.

This means that the number of jobs that would be lost is not significant like its being portrayed

by its supporters. Opponents of the Jones Act, and those who are suggesting reform, such as Dr.

Keli’i Akina, President of the Grassroot Institute of Hawaii, argue the following:

Page 15: The Jones Act – The real natural disaster: An analysis of

15

a) Let American companies buy foreign ships from allies. Military does it, airplane

industry does it. Why can’t we do it with ocean ships?

b) Responsible for worst oil spill in U.S. history. How does it help the environment?

c) If it really is about “national security” why doesn’t U.S. mainland pay for it instead of

passing on costs to Alaska, Guam, Hawaii and Puerto Rico?

d) Repealing/Reforming JA will increase competition which will then bring upon

innovation and lower consumers costs throughout (Akina, 2017).

Reform history

Many shipper representatives, along with the legislatures of Alaska, Guam, Hawaii and

Puerto Rico have long been opponents of the Jones Act and have concluded that the protectionist

law imposes significant net losses on the U.S. economy. Rob Quartel was a former maritime

commissioner that started the Jones Act Reform Coalition in 1995. This coalition supported a

bill, introduced by Senator Brownback in 1998, that proposed allowing foreign-built ships to do

business on US coastal waters, but still requiring them to carry US flags and crews (Hansen,

2016).

Senator John McCain, chairman of the Senate Armed Services Committee, who also

opposes the Jones Act and has continuously said that the Jones Act adds no value to our national

security. In 2010, he submitted a bill to repeal the Jones Act and introduced an amendment to

the Keystone Pipeline bill in 2015 that would exempt carriers from using American-built ships

(Shultz, 2015).

Page 16: The Jones Act – The real natural disaster: An analysis of

16

In 2010, the Hawaii Shippers’ Council introduced the Noncontiguous Trades Jones Act

Reform bill, which has now been introduced into the governments of Alaska, Guam, Hawaii and

Puerto Rico. This bill would retain all the other features of the Jones Act for coastal vessels but

would exempt carriers from noncontiguous regions that use other ocean ships to use JA ships.

This type of exemption that would exclude some or all shippers from the “Made in the USA”

requirement seems to have the “strongest economic justification among the proposed reforms”

(Hansen, 2016).

Page 17: The Jones Act – The real natural disaster: An analysis of

17

Chapter 3: Analysis of the Jones Act

The purpose of this study is to analyze in depth the Jones Act (Merchant Marine Act of

1920), to find out if it has achieved its main goals, and to measure what type of impact it’s had

on the US economy, specifically that of Alaska, Hawaii, Guam and Puerto Rico. This analysis

will lead us to see if the Jones Act law is still relevant in the 21st century and hopefully bring us

to a clearer conclusion to see if it is now time to bring this law to an end. This study will also

evaluate the unintended consequences brought upon by the Jones Act, such as lack of

competition, loss of jobs, higher costs of goods for consumers, and will analyze the type of

impact this law has had on US consumers and the shipbuilding industry. It will also analyze if

repealing or reforming the law can have any influence on US national security and defense. The

following categories will be analyzed regarding the Jones Act to determine what are the

advantages or disadvantages to the law, and what type of impact it’s had on the noncontiguous

port area:

Commercial ship building industry

National Defense and Merchant Marine Force

Consumers, employment, and economy.

Economies of Alaska, Guam, Hawaii and Puerto Rico; with emphasis on the current

state of crisis in Puerto Rico post Hurricane Maria.

In this report, I have attempted to collect existing research on the Jones Act to gain a

clearer perspective on how it has succeeded (or failed) in its objectives. With this study, I would

like to emphasize the current effect the Jones Act is having on the economic crisis in Puerto

Page 18: The Jones Act – The real natural disaster: An analysis of

18

Rico. This analysis will help me conclude if the Jones Act should be reformed, completely

repealed, and/or if there are any alternatives that should be in place of this law.

Costs of the Jones Act

The Jones Act, also known as the Merchant Marine Act of 1920, adds costs by preventing

cargo from being transported between two ports in the U.S. unless it’s done on an American-

built ship. The ship must also be U.S. flagged, at least 75% owned by Americans, and at least

75% crewed by Americans. This prohibition on the use of foreign ships is a form of protection,

like an import quote or tariff. For each dollar that ship builders and operators gain, consumers

and other end-users lose more than one dollar. This results in a net loss to the economy. Under

this law, higher shipping costs are imposed from one American port to another American port.

An example of this is shipping a barrel of oil which would only cost $2 if shipped to Europe

from Texas but would cost $6 if shipped to Boston from Texas. This is costing the petroleum

industry more than $158 million every year, according to the Jones Act report released by the

Grassroot Institute of Hawaii. The report titled, The Jones Act in Perspective, shows that

industries across the country could save millions of dollars if the Jones Act were to be repealed

or reformed, including the water sector ($1.5 billion), chemicals ($103 million), air

transportation ($91 million), steel ($50 million) and lumber ($32 million), (Kashian, 2017).

The Jones Act may also have an effect in the higher price of gasoline, soon, because

many oil firms who previously had an exemption from the Jones Act for certain operations, now

want to be removed by the U.S. Customs and Border Protection. The removal of this exemption

could cost the oil industry $4.3 billion, and cause a loss of 30,000 jobs in 2017, according to a

study by the American Petroleum Institute (API). However, the larger impact would be $90

billion in lost gross domestic product, affecting states like Texas, Louisiana, Alabama, and

Page 19: The Jones Act – The real natural disaster: An analysis of

19

Mississippi hard, according to the API study, which also showed that the Jones Act imposition

could lead to a reduction of 500,000 barrels of oil and natural gas production every day (Calash,

2017).

The Jones Act is affecting many industries across the country in different ways. For

example, regarding the timber industry, the Jones Act makes it almost impossible to ship lumber

from Seattle to New York, because of the high costs. In the road salt industry, states like

Pennsylvania are importing road salt from Chile and Mexico rather than buying it from nearby

mines in Ohio and Louisiana. In consequence, American companies are getting beat by foreign

competitors on business deals because of our shipping costs are much higher. Another example

of this is U.S. steel plants who, desperate for scrap metal, avoid deals with American sellers

because of the high shipping costs (Frittelli, n.d.).

Advantages of the Jones Act

The following points are advantages of the Jones Act as argued by its supporters, mainly

the shipping industry and maritime companies (Hirono, 2015).

1. Shipbuilding is a major job creating industry. According to the Maritime

Administration, there were 107,000 people that were directly employed by roughly 300

shipyards across 26 states in 2013.

2. Additionally, shipyards indirectly employed nearly 400,000 people in the country.

3. The law requires U.S. flagged ships to be built in the U.S., bringing good paying jobs

to the middle-class.

Page 20: The Jones Act – The real natural disaster: An analysis of

20

4. American’s shipbuilding industry is on the rise. Congress needs to create and keep

manufacturing jobs in house. According to the Navy League, about 15 tanker ships are

being built in the U.S., which will join the U.S. flagged fleet soon.

5. Every American seaman is vetted by TSA and the Coast Guard.

6. If repealed, it will undermine our national security because the Jones Act provides

ships and crews to the Department of Defense in times of war.

Disadvantages of the Jones Act

Those who are against the Jones Act argue that the law is “antiquated” and that is does

more harm than good to U.S. consumers and the economy. The following points are

disadvantages of the Jones Act, as seen by many of its opposition (Akina, 2017).

1. Creates lack of competition among ship building companies. Also creates lack of

competition between ocean carriers that serve the secondary ports.

2. Cost of goods is much higher due to lack of competition, especially for smaller

secondary ports such as those in Alaska, Guam, Hawaii and Puerto Rico.

3. U.S. shipyards only producing 2 ships a year (1,000 gross ton ships).

4. There are only 7 active shipyards in the U.S. and of those 7, only 3 produce large

commercial ships.

5. This artificial ship shortage reduces efficiency and increases costs for building new

ships up to 5x the cost it takes a foreign country to build a ship.

6. U.S. ports not connected to the mainland bear most of the shipbuilding cost burden

because they rely heavily on ocean shipping. These higher prices are then passed down to

the consumers.

Page 21: The Jones Act – The real natural disaster: An analysis of

21

7. Consumers of non-contiguous port areas like Alaska, Guam, Hawaii and Puerto Rico,

are stuck paying a higher % of shipbuilding costs. These higher costs are factored into

basic goods and services such as food and electricity.

Economic impact of Jones Act on non-contiguous ports

Alaska

The Jones Act has also been harmful to Alaska since being introduced in 1920 by Senator

Jones. It forced the only two Canadian steamship lines out of the Alaskan market. The surviving

lines serving Alaska were both based in Senator Jones’s home state of Washington, which

proved beneficial to Jones’ constituents at home, but not to the Alaskan citizens who at the time

couldn’t vote (Riley, 2016). Alaska has been a major producer of oil, and oil shipped to

California or Hawaii must be transported on more expensive Jones Act ships. Its Jones Act

compliant fleet consists of 10 ships, which primarily operate between Alaska and California

(Frittelli et al, n.d.).

The Jones Act has caused Alaskan crude production to decline by 46% over the last decade,

including the Jones Act crude oil fleet. As a result, Alaskans receive less for their oil while

consumers in California and Hawaii are stuck with the higher costs (GAO, 1988). These higher

costs will become more important as the Arctic northern route opens. This is due to the warming

of the Arctic which has already increased the demand for icebreakers, which the Coast Guard

does not have. However, icebreakers would be available from Norwegian and Russian operators

if the Jones Act allowed it.

Page 22: The Jones Act – The real natural disaster: An analysis of

22

Guam

The Jones Act requires that all goods shipped from the U.S. mainland to Guam and/or

any other noncontiguous port must be transported in a U.S. carrier, manned by a U.S. crew, and

registered under the American flag. However, other U.S. jurisdictions such as American Samoa,

the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands are fully

exempted from the restrictions. Although the Mariana Islands are still forced to pay full Jones

Act freight rates because the goods transported from the U.S. mainland must come through

Hawaii and/or Guam.

Therefore, many business and political leaders in Guam figured that it would be the best

time to push for an exemption from the Jones Act, when President Trump temporarily issued a

waiver for Puerto Rico to facilitate hurricane aid shipments to the island. One of those leaders

advocating exemption from the Maritime Marine Act of 1920 was Bobby Shringi, chairman of

the board for the Guam Chamber of Commerce. Shringi stated, “It’s more than the adverse

impacts during times of disasters, as our residents pay dearly at the registers because of the

Jones Act daily. With the recent decision of Delta Airlines to end services on Guam, what truly is

needed are changes towards cabotage laws in general” (Losinio, 2017, para. 3).

Senator William Castro from Guam hopes to use the situation in Puerto Rico, where

President Trump granted a temporary exemption of the Jones Act, as a case study to analyze the

potential impact of repealing the Jones Act. Castro stated, “I hope that this serves as a case

study, where we may be in a better position to see how the natural market can respond to the

need to transport/transship when that restriction is lifted,” he said. He added, “It was designed

to protect.... It was after the war and they didn’t have the natural market to be able to transship

goods or transport people, and they were concerned. There was an issue of national security and

Page 23: The Jones Act – The real natural disaster: An analysis of

23

national transportation” (Losinio, 2017, para. 7-8). Senator Dennis Rodriguez also weighed in

on the issue and believes that to reach a solution to the Jones Act restrictions, it is important to

get the attention of the president. Rodriguez stated, “The Jones Act has been hurting us for so

long. We have every day struggles because of the Jones Act — the high cost of food, of

everything. We have to bring everything in” (Losinio, 2017, para. 12).

Hawaii

Hawaiians have become captive consumers of this “protectionist” law, partly because of

its great distance from the U.S. West Coast and because of its inability to use other modes of

transportation that are used on the mainland. An example is how one could ship a 40-foot

container from Los Angeles to Honolulu for $8,700 using a Jones Act–compliant ship, but the

same container could be shipped from Los Angeles to Shanghai would ship for only $790 using a

foreign ship (Slattery et al, n.d). Higher transportation costs such as these have caused the

Hawaiian sugar growers to be at a disadvantage in the US mainland market, relative to growers

in other countries such as the Philippines and Latin America. In consequence, the last sugar

plantation on Hawaii closed its sugar operation last year (Hansen, 2015).

Due to the Jones Act, Hawaii bears higher costs for food, all imports, and energy costs

which are highest among the 50 states. Although Hawaiians try to also use ferries to travel

among the islands, these are also more expensive because of the Jones Act requirement to buy

American-built ferries. This confirms a recent poll that suggests that 84% of all people in Hawaii

want reform or repeal of the Jones Act. There is, however, a bill that has been placed before the

state legislature (NTJAR) requesting exemption from the section of the Jones Act requiring the

purchase of American-built ships. Currently, Hawaii has put a waiver through Congress allowing

Page 24: The Jones Act – The real natural disaster: An analysis of

24

Norwegian cruise lines to operate ships in Hawaii, which has brought more jobs, opportunities of

tourism, and economic growth (Hansen, 2016).

Puerto Rico

The Jones Act has contributed to the current economic disaster in Puerto Rico when the

island defaulted on its debt. A 2010 study at the University of Puerto Rico concluded that the

island lost $537 million per year because of the Jones Act (FRB of NY, n.d.). Therefore, Puerto

Ricans are forced to pay more for imports and receive less for exports. Puerto Rico consumers

must pay higher prices for goods transported by Jones Act ships because shipping companies

pass on their higher transport costs to consumers the same way they would pass on a sales tax.

The negative effect the Jones Act has had on Puerto Rico as a developing regional trading

center is great. “Between 2000 and 2010, the volume of 20-foot containers shipped through

Puerto Rico declined by more than 20 percent, while volume more than doubled in nearby and

smaller Jamaica, which is not constrained by the Jones Act” (FRB of NY, n.d.). In their study of

Puerto Rico growth, Susan Collins and her coauthors noted that Puerto Rico was losing out to

Jamaica as a regional trading center. They recommended that “the United States could assist the

island’s development as a regional business center by exempting it from these transportation

restrictions” (Collins et al, n.d.). These unfavorable transport costs have been imposed on a

territory that is much poorer than the rest of the United States, and the economic crisis has

resulted in a massive outmigration to the contiguous US states (Grennes, 2017).

Page 25: The Jones Act – The real natural disaster: An analysis of

25

According to a study from the Federal Reserve Bank of New York, shipping a container

from New York to Puerto Rico cost $3,063, while shipping it to the Dominican Republic, cost

only $1,504, and only $1,607 to Jamaica (FRB of NY, n.d.). Because of the high costs to

transport petroleum, the price of electricity in Puerto Rico is higher than all other 48 contiguous

states. In consequence, Puerto Ricans have begun to import goods from Canada instead to avoid

the premium costs forced by the Jones Act. Puerto Ricans seeking relief from the Jones Act point

to the nearby U.S. Virgin Islands, who have been exempt from the Jones Act since 1922

(Grennes, 2017).

Another example of this market distortion was highlighted by a Government

Accountability Office report in 2013. This report manifested how the majority of Puerto Rico's

petroleum needs were met by imports from South America, instead of closer U.S. mainland

sources, because of the higher shipping costs to transport the fuel in a Jones Act ship (Ghei,

2017). The effect of this policy on Puerto Rico became very clear when hurricane Maria hit the

island because Puerto Ricans urgently needed fuel and other critical supplies which they couldn’t

receive on time because they had to wait for transport until a waiver to the requirements of the

Jones Act was in place.

The people of Puerto Rico should not be at the mercy of the President of the United

States to determine what devastation is and what is not, nor must wait through a process so that

the government can determine which situation warrants a waiver and what does not. We must

recall New Jersey’s 2014 waiver request to remember that a waiver does not solely depend on

the needs of the suffering people or on the damage caused by natural phenomena. Following a

heavy storm set of blizzards, the state of New Jersey applied for a temporary waiver of the Jones

Act, but it was denied. Congress said that the reason for denying the waiver was because it was

Page 26: The Jones Act – The real natural disaster: An analysis of

26

not considered to be relevant to "national defense." The salt the state needed, took several weeks

to arrive, instead of a matter of days which could have been the case if the Jones Act waiver was

granted (Ghei, 2017).

We know that the U.S. shipbuilding industry has continued to decline over the last

decade; despite it being protected by the law itself. The concepts "Made in the USA" and "U.S.

owned and operated" don’t hold the same meaning as they did several decades ago. Nowadays,

supply chains and abrupt changes of ownership within a corporation make this law obsolete,

costly, and a burden that’s not needed, especially for noncontiguous areas. By terminating the

Jones Act, not only will Americans benefit from it, but it can also ensure the citizens of Puerto

Rico that immediate help will be on its way when the next hurricane hits.

Hurricane recovery efforts in Puerto Rico did receive a lift when the U.S. government

temporarily granted a 10-day waiver of the Jones Act. With this waiver in place, several foreign-

flagged ships were able to transport essential supplies to the island, including food and fuel.

However, every time a waiver is granted, the unseen costs of the Jones Act are manifested, and

we cannot keep believing that impactful benefits will arise in the future that will offset the high

costs of the Jones Act. These high costs are ridiculous and unnecessary, especially for the

residents of noncontiguous areas such as Alaska, Hawaii, Guam and Puerto Rico, Hawaii, and

Alaska, to justify keeping this law afloat. That is why I recommend for our government to

investigate serious reform of this outdated law, or to consider repealing it completely, erasing it

from existence.

Page 27: The Jones Act – The real natural disaster: An analysis of

27

Examples of Economic Inefficiencies

Cattle shipment from Hawaii to U.S. mainland

One example of how inefficient the Jones Act is to the U.S. economy is the cattle

shipping industry in Hawaii. One of those companies is Parker Ranch, which is one of three

cattle ranches on the Big Island of Hawaii that ranks in the top 25 nationally for cow herd size. It

is home to 9,000 cows, but about 5,300 of them need to be shipped to the U.S. mainland to be

slaughtered. “Shipping is a concern anytime you have to ship cattle that far. On the mainland,

trucking is one of those necessary evils—the less you must do the better,” says Keoki Wood,

Parker Ranch’s livestock operations manager (Betchel, 2015). To reduce costs associated with

the Jones Ac, Parker Ranch prefers shipping their cattle on 747 cargo planes to the mainland.

The process starts by loading up the calves into specially designed 8' x 10' boxes known as

“cattle carriers”. Only about 20 boxes can be carried on a plane, which equivalates to a load of

100,000 lbs. (Betchel, 2015).

Even though the costs to transport cattle via plane can be very expensive, especially

during the holidays, cattle ranchers seem to prefer this idea instead of paying the astronomical

costs of shipping their cattle on a Jones Act compliant ship. Not only is cost a problem, but the

availability of Jones Act vessels as well. Other ranchers have decided to ship their cattle via sea

to Canada and then ship from Canada down into Washington because it was less expensive than

to ship directly from Hawaii to the U.S. mainland.

New Jersey’s costs to get salt to treat its roads

According to a 2014 news report in New Jersey, the state had to spend about $1.2 million

to have road salt shipped to Port Newark from Maine, which was about $700,000 more then what

it would have cost them if the U.S. Govt. granted a temporary waiver of the Jones Act.

Page 28: The Jones Act – The real natural disaster: An analysis of

28

“Shuttling 40,000 tons of salt over four trips by barge between Searsport, Maine, and Port

Newark will cost $1.2 million compared with the $500,000 New Jersey would have spent if the

cargo ship Anastasia S. had been permitted to take the load to New Jersey, Simpson said today

after a meeting of the New Jersey Turnpike Authority” (Staff, 2014).

A temporary waiver of the Jones Act would have permitted a foreign vessel to deliver the

salt needed for the state of New Jersey to treat its roads. This cost would’ve been around

$500,000 so it would’ve made economic sense. That is what the state transportation

commissioner was trying to argue. However, a spokesman for the Department of Transportation

blamed the state of New Jersey for poor weather preparation saying that they have “ignored the

reality of their winter season” (Staff, 2014). In addition, there was another instance where the

state of New Jersey could not get any road salt at all from Maine because there were no Jones

Act vessels available to transport the material, even though there was about 40,000 sitting there

at the port.

Puerto Rico’s energy crisis and continuing blackouts

Although there has been a huge boom in gas and oil production in the United States, it is

still 2-3 times cheaper to transport these energy sources to Canada and Europe than it is to the

island of Puerto Rico. Puerto Rico is extremely dependent on oil for their transportation needs,

but guess what, it is also very dependent on it for its power grid as well. The majority of Puerto

Rico’s electrical power grid comes from oil. Puerto Rico imports lots of its oil from other

countries instead of the US because it is much cheaper. Yes, it would be better for Puerto Rico to

rely on natural gas produced by US, to power its electrical grid, but it can’t because it’s more

expensive to ship under the Jones Act.

Page 29: The Jones Act – The real natural disaster: An analysis of

29

We have witnessed the current economic situation in Puerto Rico as many of its islanders

are still suffering widespread outages due to their weakened power system that hasn’t been aided

by the U.S. Government. New production oil will NOT come to US if Jones Act is still in place.

We need to allow other vessels to come in to bring in new energy production. Increased costs to

Puerto Rico, an island that’s going bankrupt and has no money, who’s had to cut their purchase

of fuel supplies, who is still without power (around 20%), and experiencing continued blackouts,

is unfair. This is all because the Jones Act does not allow foreign ships to come deliver fuel/oil to

the island. We hear about multi-million-dollar contracts given to small start-up businesses that

were supposed to go help restore an electrical system that has been crippling for years, and only

made worse now by Hurricane Maria. Does not anyone see that the island is in a massive debt

and needs energy sources such as fuel and oil? Why not open the ports to allow foreign vessels to

come in and deliver these sources? These are questions that we need to address and bring up to

congress when it comes to the economic inefficiencies caused by the Jones Act.

Page 30: The Jones Act – The real natural disaster: An analysis of

30

Chapter 4: Conclusions and Recommendations

The irony of the Jones Act is that it was never intended to protect the maritime industry.

The Jones Act is in fact not the Merchant Marine Act of 1920. It is a separate bill that was placed

under the Merchant Marine Act that was introduced by Senator Wesley Jones at the time. I

wondered and asked myself, why did Senator Jones insist on creating this law and found through

research that he did it to protect his railroads from competition from foreign ships. The law was

never intended to promote national security or strengthen the American fleet, it was intended to

move cargo off ships and on to railroads, which Wesley Jones owned. It was to protect what he

had invested in the railroad industry.

So why keep an outdated law that was created not for the purpose which is stands for? Is

it red-tape? Is it government regulations that are keeping this law in place and holding back the

American economy? There is absolutely no benefit from this law that is now affecting our free

trade and transportation of energy. Does it prevent foreign flagged ships from entering the

Mississippi River or the Great Lakes to transport goods? No. This law is not even supported by

the US Navy nor the US Coast Guard as they must rely and wait on waivers to get foreign

flagged ships to help during emergency situations.

The Jones Act has destroyed the American international fleet and the domestic debearded

fleet and has destroyed 60-70k jobs. The bulk of costs to keep the Jones Act alive fall on all

American citizens, but the bulk of benefits (political money given) are only enjoyed by a small

number of powerful shipyard/shipbuilding industries. The leaders of these industries along with

the lobbyists and political personnel that support this law should be ashamed of themselves.

There are thousands of Puerto Ricans who have lost their homes and jobs on the island due to

Page 31: The Jones Act – The real natural disaster: An analysis of

31

Hurricane Maria who still don’t have access to emergency-laden supplies nor energy to power

their homes because there are no people to unload the cargo still stuck on the ships to this day.

This is a 100-year-old law that was established at a time when we didn’t have airplanes.

However, it is still standing and preventing the recovery of many American lives. Hurricane

Maria wasn’t the real natural disaster; the Jones Act was. That is why I believe that now is the

time to do something about this, to repeal this law, to save thousands of families including mine,

while the world enjoys of an economic upswing.

Recommendations

The Jones Act is a piece of legislation that is outdated for this day and age. It is a section

in a very old law, so old that 2 months after it was signed into law under the Merchant Marine

Act of 1920, the 19th amendment was established giving women the right to vote. This tells us

that it is time to let go of this law. When the cost to ship something to another country is less

than the cost of transporting goods within your own country, there’s a problem. Therefore, I

suggest that certain changes need to be done to the legislation to address this problem.

Policy Recommendations

First, this study is not opposed to a strong maritime industry, but instead recognizes the

value of a competitive international fleet. However, we are nowhere near that. That is why I

recommend the following alternative reforms to be considered to address the inefficiencies of the

Jones Act.

1. Repeal the act permanently:

This measure of reform might be extreme to some political parties and actors,

but this change would eliminate the economic loss that has burdened our

country for the past several decades. This will give all Americans free access

Page 32: The Jones Act – The real natural disaster: An analysis of

32

to the best shipping rates and means of technology at no net cost to our

economy. This would also allow domestic disaster responders to have access

to plenty to ships in times of emergency.

2. Reform the act going forward:

It is recommended that; the U.S. eliminate the U.S. build requirement. Not

only is it cheaper to build ships abroad, but the U.S. can buy several hundred

big ships off the world market which are currently at their lowest price in

decades. This cost is also much lower than the cost to build our own ships

inland. The government can then reflag the vessels that have been purchased,

registering them under the U.S. flag. Supporters of the law argue that this

change can impact hundreds of thousands of American shipyard and ship

repair jobs directly and indirectly. However, this is misleading as there are

only 2-3 major shipyards in the U.S. that specialize in building the big cargo

ships. One of them in San Diego (NASSCO) spends more than 50% of their

resources building ships for the Navy. The other main yard in Philadelphia

(AKER) only builds commercial ships. By looking at the data in their

websites, we can see that less than 5,000 workers are employed by these two

shipyards combined (Frost, 2016). We should weight these possible job losses

with the billions of dollars that taxpayers must pay to these shipyards, directly

and indirectly. If these changes can be made to the law, then the U.S. would

have a fleet of ships that can compete under market price against international

fleets.

Page 33: The Jones Act – The real natural disaster: An analysis of

33

3. Allow temporary exemptions:

One recommendation under this reform would be that; all regions be

exempted from all features of the Jones Act for a certain timeframe. For

example, if all regions were to be exempt from all Jones Act regulations for a

period of 5-10 years, this would provide the necessary data to future

researchers to be able to determine the relative costs between U.S. built ships

and foreign ships operating in American waters.

Another recommendation under this reform would be that; only certain areas,

non-contiguous regions such as Alaska, Guam, Hawaii and Puerto Rico, be

allowed full exemption of the Jones Act. This is what several congressmen

such as John McCain have been trying to fight for in Congress. This would

keep most of the law intact, but at least would allow the economies of these

areas to build themselves back up, lowering prices for their consumers, and

have the necessary supplies in times of emergency.

4. Leave as is:

This is not a proposal I recommend as inaction from Congress on this law will

continue to negatively impact many American citizens indefinitely.

These are changes that I feel are necessary to make us more competitive in the maritime

industry. However, the challenges faced are that the supporting actors of the law which are the

shipyards and shipbuilding industries pay lots of political money to congressmen to support this

outdated law. They will not allow any changes to be made to the Jones Act. That is why the only

Page 34: The Jones Act – The real natural disaster: An analysis of

34

other alternative is to abolish this law. By repealing this policy and erasing it from existence, the

points I have recommended can be successfully attained.

Don’t let the small number of Jones Act supporters overstate that we need to “Make

America Great Again” by supporting the Jones Act which enhances national security and

promotes a strong fleet. During the Gulf War in 1991, most of the ships that were used were non-

Jones Act compliant ships, meaning they were foreign flagged. The number of U.S. sailors has

decreased tremendously throughout the years from 60,000 in 1955 to about 1,100 now. The

Jones Act has not made us the #1 largest fleet in the world, we are not even in the top 20. We are

the 25-26th largest fleet in the world that is weakening as the years go on. Only 2-3 big shipyards

exist now and every country in the world, except 4, do not have a law like the Jones Act.

Therefore, I believe the policy recommendations I have presented should be strongly considered.

Research Recommendations

In addition to the policy recommendations presented above, additional research is

recommended regarding this important topic. Although this study argues that the Jones Act is a

very old piece of legislation and an outdated law established after World War I, there is not

enough research available regarding this topic. The Jones Act has recently come into scrutiny

because of the ongoing devastation in Puerto Rico caused by Hurricane Maria. This topic

touched heart as there is still family of mine dealing with the ongoing crisis on the island. Crisis

that in my belief could’ve been aided if the Jones Act did not exist. By crisis, I don’t mean the

natural devastation caused by Hurricane Maria; that was inevitable. I’m talking about the

economic crisis that happened afterwards, when all of 3 million American citizens had trouble

receiving aid and the necessary supplies to survive because of the shipping restrictions enacted

by this law.

Page 35: The Jones Act – The real natural disaster: An analysis of

35

Most if not all the research used was from current event articles and news publications

from the media, board meetings, documentaries, etc. That was the challenge faced with this

thesis, which provided a limited paper. However, this is an ongoing topic that I believe can be

expanded upon by future students who can accumulate more research as the years go on to shed

more light on this topic. Who knows if the law will survive another natural disaster? What if this

policy finally gets repealed within a year? These are questions that need to be investigated more

in depth. More research needs to be complied from the ongoing situation in Puerto Rico as the

situation worsens in the country. Other in depths topics to research within this topic are the

reasons why this law is still in place and who are the prevailing actors responsible for keeping

this law afloat. These are some of the questions that cannot be answered completely in a limited

paper but can be further expanded upon by future students who will have more data available to

them as the years go on.

Page 36: The Jones Act – The real natural disaster: An analysis of

36

Appendix A

CSU Bakersfield Academic Affairs Mail S10p: 24 DOH Room 108

9001 Stockdale llighway Bakersfield. California 933 Il- l 022 Onic~ of Grants. Research. and Sponsored Programs (GRaSP)

Chandra Commurl, Ph.D. Department of Public Administration

Scientific Concerns

Steven Gamboa, Ph.D. Department of Philosophy and

Religious Studies Nonscientific Concerns

Grant Herndon Schools Legal Service

Community Issues/Concerns

Roseanna McCleary, Ph.D. Department of Social Work

Scientific Concerns HSIRB Chair

Nate Olson, Ph.D. Department of Philosophy and

Religious Studies Nonscientific Concerns

Isabel Sumaya, Ph.D. Department of Psychology

Research Ethics Review Coordinator and HSIRB Secretary

Tommy Tunson, DBA Community Issues/Concerns

Marianne Wilson, Ph.D. Department of Psychology

Scientific Concerns

(66 1) 654-223 1 (661) 654-3342 FAX www.csub.edu

California State University, Bakersfield: FWA00013908 Human Subjects Institutional Review Board

Date: February 7, 2018

To: Joseph Morales, Student Investigator, Public Policy & Administration R. Steven Daniels, Faculty Advisor, Public Policy & Administration

cc: Roseanna McCleary, IRB Chair

From; Isabel Sumaya, University Research Ethics Review Coordinator

Subject; Master's Thesis Project 18-03: Not Regulated Research Status

Thank you for bringing your Master's Thesis Project, " It's Now Time to Sink the Jones Act : A Policy Analysis Report on the Merchant Marine Act of 1920," to the attention of the IRB/HSR. On the form "Not Human Subjects Research Acknowledgement Form" you indicated the following;

I want to interview, survey, systematically observe, or collect other data from human subjects, lor example, students in the educational setting. NO

I want to access data about specific persons that have already been collected by others (such as test scores or demographic Information]. Those data can be linked to specific persons [regardless of whether I will link data and persons in my research or reveal anyone's identities]. NO

Given this, your proposed project will not constitute human subjects research. Therefore, it does not fall within the purview of the CSUB HSIRB. Good luck with your project.

If you have any questions, or there are any changes that might bring these activities within the purview of the IRB/HSR, please notify me immediately at (661) 654-2381.

Thank you.

Isabel Sumaya, University Research Ethics Review Coordinator

The California State University - Bakersfield- Channel Islands- Chico · Dominguez Hills- East Bay- Fresno- Fullertlln- Humboldt· Long Beacll- Los Angeles- Maritime Academy Monterey Bay · Nonhridge · Pomona · Sacramento · San Bernardino · San Diego · San Francisco · San Jose · San luis Obispo · San Marcos · Sonoma • Stanislaus

Page 37: The Jones Act – The real natural disaster: An analysis of

37

References

Bechtel, Wyatt. “Shipping Cattle to the Mainland.” AgWeb - The Home Page of Agriculture, 21 Apr.

2015, www.agweb.com/article/shipping-cattle-to-the-mainland-wyatt-bechtel/.

Calash. (2017). Economic Impacts of Proposed Modification and Revocation of Jones Act Ruling

Letters Related to Offshore Oil and Natural Gas Activities. The American Petroleum Institute

(API). Retrieved from http://www.api.org/~/media/Files/Policy/Exploration/Economic-Impact-

Analysis-CBP-Rulings-Report.pdf

Collins et al, Restoring Growth in Puerto Rico.

Contributor, K. A. (2017, April 10). How the Jones Act drives up the cost of food and gasoline for

millions of Americans. Retrieved from http://thehill.com/blogs/pundits-

blog/international/328025-how-the-jones-act-drives-up-the-cost-of-food-and-gasoline

Editors, T. (2017, November 01). Editorial: Why Is This Law Still on the Books? Retrieved from

http://www.weeklystandard.com/editorial-why-is-this-law-still-on-the-books/article/2010290

Federal Reserve Bank of New York (FRB of NY), An Update on the Competitiveness of Puerto Rico’s

Economy

Frittelli et al., U.S. Rail Transportation of Crude Oil

Frittelli, Cargo Preferences for U.S.-Flag Shipping

Frost, Donald. “Impact of the Jones Act Build American Requirement > Hawaii Free Press.” Hawaii

Smallest Firearms Industry in USA > Hawaii Free Press, Aug. 2016,

www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/18240/Impact-of-the-Jones-Act-Build-

American-Requirement.aspx.

Page 38: The Jones Act – The real natural disaster: An analysis of

38

General Accounting Office [now Government Accountability Office], The Jones Act: Impact on Alaska

Transportation and U.S. Military Sealift Capability, September 30, 1988.

Ghei, N. (2017, October 06). The Jones Act Is an Unnatural Disaster. Retrieved from

https://www.mercatus.org/commentary/jones-act-unnatural-disaster

Grennes, T. (2017, May 2). An Economic Analysis of the Jones Act. Retrieved from

https://www.mercatus.org/publications/economic-analysis-jones-act

Hansen, Michael. “Jones Act Shackles Puerto Rico; No Jones Act Frees Jamaica to Grow Its Economy,”

Hawaii Reporter, February 13, 2013.

Hansen, Michael. “Will the Jones Act Cause Hawaii’s Last Sugar Plantation to Close?”; Leroy Laney

and Ken Schoolland, “Jones Act Unfairly Hurts Hawaii while Jeopardizing Security of U.S.,”

Honolulu Star-Advertiser, December 6, 2015.

Hansen, Michael. Hawaii Shippers Council “US Ships Built 2000–2016” (Table HSC-877) and

“Shipyards Comps May 26, 2016” (Table HSC-876), email message to author, December 5,

2016.

Hirono, M. K. (2015, January 16). “Hirono Speaks Out for American Jobs & Shipbuilders, Fights

Against Amendment That Dismantles Jones Act.” Retrieved from

https://www.hirono.senate.gov/press-releases/hirono-speaks-out-for-american-jobs-and-

shipbuilders-fights-against-amendment-that-dismantles-jones-act

Hunter, “Jones Act a Lifeline for Puerto Rico and Even Bigger Booster for U.S. National Security.”

Kashian, R., Pagel, J., Brannon, I., & Kent, J. (2017). The Jones Act in Perspective: A survey of costs

and effects of the 1920 Merchant Marine Act (K. Akina & M. Blom-Hill, Eds.). Retrieved from

http://www.grassrootinstitute.org/2017/04/the-jones-act-in-perspective/

Page 39: The Jones Act – The real natural disaster: An analysis of

39

Losinio, L. (2017, October 17). Guam business, political leaders push for lifting of Jones Act. Retrieved

from http://www.mvariety.com/cnmi/cnmi-news/local/99341-guam-business-political-leaders-

push-for-lifting-of-jones-act

McCown, B. A. (2016, February 25). Keeping Up with The Jones Act: Inconsistent Trade Policy

Hinders Economic Growth. Retrieved December 10, 2017, from

https://www.forbes.com/sites/brighammccown/2016/01/19/keeping-up-with-the-jones-act-

inconsistent-trade-policy-hinders-economic-growth/#3719e307457e

Munoz, Tony. “McCain Takes Dead Aim at U.S. Maritime,” Maritime Executive, January 18, 2015.

PBS, The Jones Act (2017). Retrieved from http://www.pbs.org/video/the-jones-act-fp0pqn/

Pearce, M. (2017, September 27). What is the Jones Act, and why does Puerto Rico want it gone?

Retrieved from http://www.latimes.com/nation/la-na-jones-act-20170927-story.html

Riley, Bryan. “The Jones Act: Protecting Special Interests, Not America,” Heritage Foundation, June 15,

2016

Schultz, Chris. “The Jones Act: Outdated or Vital?”, Law Street, January 22, 2015

Slattery et al., “Sink the Jones Act.”

Staff, Star-Ledger. “Salt Shipment to NJ Costs $700,000 More by Barge than by Ship,

Transportation Chief Says.” NJ.com, NJ.com, 25 Feb. 2014,

www.nj.com/union/index.ssf/2014/02/post_23.html.