The dog days of summer are here in the nation’s capital, and Congress is steadily working to assemble its two most consequential pieces of legislation for the maritime industry—the National Defense Authorization Act (NDAA), and the Coast Guard Authorization Act. In recent years, the NDAA has been the legislative vehicle for the Coast Guard Authorization Act, the Maritime Administration (MARAD) Authorization Act, or both.

In the aftermath of the tragic destruction and disruptions of hurricanes there are usually some calls to “waive the Jones Act.”  Putting aside whether such a waiver can ever be efficacious, it might be useful to review how very narrow the circumstances must be to justify such a waiver under the law as it has been amended.

The United States restricts its domestic maritime trade, including its fisheries, to defined “United States citizens.”  Although maritime citizenship law is rigorous, it permits certain foreign investment provided vessels remain under U.S. citizen control.