White House Issues 60-day Jones Act Waiver
Announcement
On March 18, 2026, the White House indicated that it would issue a 60-day temporary waiver of the Merchant Marine Act of 1920 (Jones Act) to facilitate shipments of energy products and fertilizer between U.S. ports.
In a statement on X,[1] White House Press Secretary Karoline Leavitt said:
“President Trump’s decision to issue a 60-day Jones Act waiver is just another step to mitigate the short-term disruptions to the oil market as the U.S. military continues meeting the objectives of Operation Epic Fury.
This action will allow vital resources like oil, natural gas, fertilizer, and coal to flow freely to U.S. ports for sixty days, and the Administration remains committed to continuing to strengthen our critical supply chains.”
No further formal documents have yet been released.
Legal Authority
The Jones Act is the colloquial name for the Merchant Marine Act of 1920, the principal U.S. coastwise shipping law regulating the transportation of merchandise between U.S. points.[2] Codified at 46 U.S.C. § 55102, it essentially requires that such cargo be carried on vessels that are U.S.-built, U.S.-owned, U.S.-flagged, and crewed by U.S. citizens.
The Jones Act is a cabotage law. It is fundamentally concerned with maintaining a domestic merchant marine capable of supporting U.S. commerce and serving as a naval auxiliary during times of war or national emergency.[3]
A Jones Act waiver permits foreign-flagged, foreign-crewed, or foreign-built vessels to travel between two or more American ports for a limited period.[4] The modern waiver framework traces its origins to the aftermath of the attack on Pearl Harbor. In 1941, Franklin D. Roosevelt issued Executive Order 8976, which created three avenues to waive the Jones Act. Waivers could be issued either at the request of the Secretary of Defense or the Secretary of the Navy, or by the Secretary of Commerce acting independently or upon request from another department. All three authorities were required to tie the waiver to national defense needs.[5] Since then, authority has been restructured and recodified several times.
Today, authority for a Jones Act waiver is provided for in 46 U.S.C. § 501.
Section 501 establishes two pathways for waivers of the navigation laws. Under 46 U.S.C. § 501(a), the Secretary of the Department of Homeland Security, via U.S. Customs and Border Protection (CBP), must grant a waiver upon the request of the Secretary of Defense when the Secretary of Defense determines that such action is necessary in the interest of national defense, including to address an immediate adverse effect on military operations.
Under § 501(b), a non-Department of Defense entity may make a waiver request, which the Secretary of Homeland Security has discretionary authority to grant if it is considered necessary in the interest of national defense. Requests under § 501(b) are typically submitted to CBP and evaluated through an interagency process that includes consultation with the U.S. Maritime Administration regarding the availability of qualified U.S.-flag vessels. The Secretary of Homeland Security makes the final determination on whether to issue a waiver.
These discretionary waivers are typically short term, with the possibility of extension.
This waiver is likely to have been issued under 46 U.S.C. § 501(a), the pathway utilized previously for short-term supply interruptions in the wake of natural disasters, [6] although this is not yet publicly confirmed.
Previous Jones Act Waivers
Because the statute limits waivers to circumstances involving the “interest of national defense,” Jones Act waivers historically have been issued only in limited situations, typically in connection with national emergencies and energy supply disruptions.
In the past two decades, several administrations have issued temporary waivers in connection with disaster recovery or energy logistics. Commentators have described the period beginning in 2005 as a “waiver era,” in which administrations relied on section 501 authority to address supply disruptions following major disasters.[7]
Recent waivers occurred in 2022 in the immediate aftermath and recovery efforts following Hurricane Fiona in Puerto Rico.[8]
There has been considerable public debate regarding the effectiveness of Jones Act waivers as a means of addressing supply shortages during periods of crisis. Some commentators suggest that any impact on fuel prices from this waiver may be limited. [9]
There is also a practical question regarding whether a short-term waiver provides sufficient time for foreign-flagged vessels to call at U.S. ports. That said, the duration of this waiver is comparatively long when measured against recent waivers, which have often only lasted between several days to a few weeks.s
Citations
- Karoline Leavitt (@PressSec), X (Mar. 18, 2026), “President Trump’s decision to issue a 60-day Jones Act waiver is just another step…”), https://x.com/PressSec/status/2034267144477614178
- Merchant Marine Act of 1920 (Jones Act), 46 U.S.C. § 55102.
- S. Department of Transportation, Maritime Administration, Domestic Shipping, https://www.maritime.dot.gov/ports/domestic-shipping/domestic-shipping (last visited Mar. 13, 2026).
- Ibid.
- Matthew Gawley, Unchartered Waters: Analyzing the Impact of Post-Hurricane Jones Act Waivers (2005–2022), 50 Tul. Mar. L.J. 95 (2026).
- See, for example, the waiver issued by the Department of Homeland Security Waiver issued in relation to Hurricane Maria in 2017: https://www.dhs.gov/sites/default/files/publications/17_0928_AS1_Jones-Act-Waiver.pdf.
- Gawley, supra note 5.
- Press Release, U.S. Department of Homeland Sec., Statement by Secretary Mayorkas on the Approval of a Jones Act Waiver for Puerto Rico (Sept. 28, 2022), and October 16 Statement by Secretary Mayorkas on the Approval of a Jones Act Waiver for Puerto Rico (Oct. 16, 2022). https://www.dhs.gov/archive/news/2022/10/16/october-16-statement-secretary-mayorkas-approval-jones-act-waiver-puerto-rico.
- See, for example, Alana Wise, Trump Temporarily Waives the Jones Act to Try to Lower Gas Prices. Will It Work?, NPR (Mar. 18, 2026, 10:49 AM), https://www.npr.org/2026/03/18/nx-s1-5751854/gas-prices-trump-jones-act-iran.
