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ARTICLE · 06 SEPTEMBER 2021

Jones Act "Third Proviso" In The News

The "Jones Act" "third proviso" has been in the news regarding the transportation of fish and fish products from Alaska to the lower 48 states. It might be useful to review how that proviso came about.

United StatesTransport

The "Jones Act" "third proviso" has been in the news regarding the transportation of fish and fish products from Alaska to the lower 48 states. It might be useful to review how that proviso came about.

In 1919-1920, the U.S. Congress was faced with the problem of what to do with an enormous fleet of vessels built to prosecute the war in Europe. A decision was taken to sell the fleet to private companies over time in as orderly a process as possible. That process eventually had to be re-visited, but the basic framework was set out in the Merchant Marine Act, 1920.

Sen. Wesley L. Jones (R-WA), then Commerce Committee Chairman, shepherded the legislation through the Senate and was even then associated with the Act which was known at the time as the "Jones Law" or the "Jones Act." Thus, the focus of the legislation was U.S.-flag vessels in the foreign trade, not in the U.S. domestic trade, and virtually every press account of the day focused on provisions in the Act

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