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The Secretary of Homeland Security, Alejandro N. Mayorkas has released the following statement announcing that the Department of Homeland Security has approved a temporary and targeted Jones Act Waiver, in order to address Puerto Rico’s needs as recovery efforts from Hurricane Fiona continue.

The Secretary of Homeland Security’s statement - “In support of the Puerto Rican people, as they continue to recover from Hurricane Fiona, I have approved a temporary and targeted Jones Act waiver, to address the unique and urgent need for liquefied natural gas in Puerto Rico. As with the previous waiver, the decision to approve was made in consultation with the Departments of Transportation and Energy, to assess the justification for the waiver request and based on input from the Governor of Puerto Rico and others on the ground supporting recovery efforts.

The Jones Act

The Jones Act is vital to maintaining the strength of the American shipbuilding and maritime industries

The Jones Act is vital to maintaining the strength of the American shipbuilding and maritime industries, by requiring all maritime cargo transport between U.S. ports to occur on U.S. flagged vessels.

When U.S. flagged vessels are not available to meet national defence requirements, the Department of Homeland Security may grant a waiver to the Jones Act, if the proposed shipments are in the interest of national defence and after careful evaluation of the issue.

Congress revokes issuing of long-term comprehensive waivers

In 2020, Congress eliminated the federal government’s authority to issue long-term comprehensive waivers, except in circumstances where a waiver is required to ‘address an immediate adverse effect on military operations’.

Under the law, waivers that do not meet that standard must be reviewed on a case-by-case basis.

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