What is the Jones Act? How waiver of 1920 US law can help Hawaii get aid faster
Update: The death toll in the wildfires has reportedly climbed to 80 from the previous number of 55, 53, and 36 before that, as reported by Maui County officials late on Friday, August 11.
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MAUI, HAWAII: In the wake of the devastating wildfire that has left a trail of destruction across Maui, President Joe Biden has issued a national disaster declaration.
This makes the calamity one of the worst disasters in Hawaii's history and the deadliest US wildfire in years, with the death toll from the catastrophic blaze in Lahaina tragically climbing to 55.
However, amid this dire situation, the President holds the power to enact a waiver that could prove instrumental in providing aid to the victims of the Maui wildfires. A potential waiver of the Jones Act could offer a glimmer of hope for the crisis-stricken island.
What is the Jones Act?
The Jones Act, a century-old legislation enacted in 1920, holds considerable sway over maritime trade and transport within the United States.
One of its significant stipulations is that goods shipped between US ports must be transported exclusively by vessels that are American-owned and primarily US-operated, a provision that has substantial implications for aid delivery during times of crises such as the ongoing Maui wildfire disaster.
During times of national disaster, the President has the authority to issue a waiver for the Jones Act. This waiver temporarily suspends the act's restrictions and allows foreign vessels to provide assistance, thereby circumventing potential bottlenecks in aid delivery.
A precedent for this was set during the aftermath of Hurricane Maria when former President Donald Trump issued a 10-day waiver to facilitate aid efforts.
While the concept of waiving the Jones Act during times of natural disasters may seem straightforward, it remains a somewhat contentious topic.
Approvals for such waivers have historically been rare and often met with debate. However, it's worth noting that successful waivers have been granted in cases where energy shortages and disruptions directly relate to national defense.
How a Jones Act waiver can benefit crisis-stricken Maui
The situation in Maui is dire, with the ongoing wildfire crisis placing immense strain on the island's resources and infrastructure. By waiving the Jones Act, the island could gain access to a more diverse pool of aid resources.
This is particularly important considering that, under the act's restrictions, all government-paid assistance must originate within the United States.
Waiving the act would open the door for international assistance to directly reach the island, potentially expediting the recovery process and alleviating some of the logistical challenges.
Historical context
The Jones Act, officially known as the Merchant Marine Act of 1920, was initially introduced to safeguard the nation's maritime industry and bolster national security efforts following World War I.
Over the years, it has evolved, incorporating various amendments to reflect changing times and priorities.
However, its relevance and implications have sparked ongoing discussions about its necessity, especially in regions like Hawaii, Alaska, Guam, and Puerto Rico, where geographic isolation amplifies the challenges posed by the act's restrictions.
As the crisis in Maui continues to unfold, the potential benefits of waiving the Jones Act cannot be ignored. With the tragic loss of life and widespread devastation, expediting aid delivery is paramount.
The history of Jones Act waivers during previous natural disasters, such as Hurricane Harvey and Irma, demonstrates the potential positive impact such waivers can have on crisis response and recovery efforts.
