DHS Approves Jones Act Waiver to Increase Fuel Supply to Puerto Rico After Storm

The Department of Homeland Security (DHS) on Wednesday approved a “temporary and targeted” waiver of the Jones Act to ease fuel supply constraints in the wake of concerns over a diesel shortage in Puerto Rico after Hurricane Fiona.

“In response to urgent and immediate needs of the Puerto Rican people in the aftermath of Hurricane Fiona, I have approved a temporary and targeted Jones Act waiver to ensure that the people of Puerto Rico have sufficient diesel to run generators needed for electricity and the functioning critical facilities as they recover from Hurricane Fiona,” DHS secretary Alejandro Mayorkas said in a statement.

“The decision to approve the waiver was made in consultation with the Departments of Transportation, Energy, and Defense 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,” said Mayorkas.

The Jones Act, or the Merchant Marine Act of 1920, is a federal law that requires ships carrying goods between U.S. ports to be owned by American companies, built and registered in the United States, and crewed by Americans. The DHS may only grant a waiver to the 102-year law if “proposed shipments are in the interest of national defense and after careful evaluation of the issue,” the department said.

In a letter to President Joe Biden on Sept. 27 to waive the federal law, Gov. Pedro Pierluisi warned that a shortage of fuel, particularly diesel, would affect essential services and impact public health, security, and government functions in the U.S. territory.

Pedro Pierluisi holds a press conference after being sworn in as Governor of Puerto Rico in San Juan, Puerto Rico, on Aug. 2, 2019. (Eric Rojas/AFP via Getty Images)

“Puerto Rico has begun purchasing and distributing diesel to critical facilities

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