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EXPLAINER · FEDERAL LAW

The Jones Act and gasoline prices

The Jones Act (Section 27 of the Merchant Marine Act of 1920) requires that cargo shipped between two U.S. ports travel on vessels that are built, owned, crewed, and flagged in the United States. The law has made waterborne delivery of gasoline to non-contiguous U.S. states substantially more expensive, raising retail prices in Hawaii and Alaska by an estimated $0.46 per gallon over the contiguous U.S. baseline.

What it is

The Jones Act, formally Section 27 of the Merchant Marine Act of 1920, restricts coastwise shipping between U.S. ports to vessels meeting four requirements:

The Act's stated purpose is to maintain a domestic merchant marine fleet and shipbuilding capacity for national-defense reasons. In practice, Jones Act-compliant vessels are typically two to four times more expensive to build and operate than foreign-flagged equivalents, and the U.S. shipbuilding sector produces only a handful of new oceangoing vessels each year.

What it costs drivers

Hawaii price premium
~+$1.40/gal
vs U.S. average (June 2026)
Alaska price premium
~+$0.65/gal
vs U.S. average (June 2026)
Jones Act share of premium
~$0.46/gal
Per our regression

Our regression analysis uses a "non-contiguous state indicator" that absorbs all factors specific to Alaska and Hawaii. The coefficient is approximately $0.46 per gallon — a large effect, but one that bundles several mechanisms: the Jones Act shipping premium itself, the geographic distance from continental refineries, Hawaii's single-refinery market structure, and Hawaii- and Alaska-specific state policies not captured by the tax variable. The Jones Act is probably the largest single component, but the indicator does not separate it from the other factors.

How it affects gasoline supply

The Jones Act creates an unusual market for U.S.-flagged petroleum tankers. There are roughly 60 active Jones Act-compliant tankers and barges capable of carrying refined products. Demand for these vessels concentrates around routes connecting U.S. refining hubs (the Gulf Coast and the Mid-Atlantic) to non-contiguous markets and to coastal cities that occasionally need waterborne supplements. Spot rates for Jones Act tanker time are typically two to four times higher than for comparable foreign-flagged vessels.

For Hawaii, the practical consequence is that gasoline is more economically imported from foreign refineries (in Asia and elsewhere) than from continental U.S. refineries, even though Hawaii is closer to California than to Asia. Foreign-flagged tankers can carry fuel from foreign ports to U.S. ports under foreign trade rules; only the inter-U.S.-port leg is restricted by the Jones Act. The result is that Hawaii's gasoline supply is partially structured around foreign sourcing, which adds shipping cost and supply-chain complexity.

For Alaska, the Jones Act effect is muted because most Alaska gasoline comes from Alaska's own refineries (Petro Star, Marathon Petroleum, Tesoro) using Alaska North Slope crude. The Jones Act premium shows up mainly in occasional supplement deliveries from West Coast refineries to remote Alaska communities.

History

The Jones Act was enacted in 1920 in the wake of World War I, when shipping shortages had hampered U.S. mobilization. The Act's sponsor, Senator Wesley Jones (R-WA), explicitly tied the law's domestic-shipping requirements to national defense. The Act has been amended in modest ways since but remains substantively the same as in 1920.

Temporary Jones Act waivers have been granted during national emergencies, most recently after Hurricane Maria devastated Puerto Rico in 2017 and during the 2022 Colonial Pipeline outage. Each waiver allowed foreign-flagged tankers to carry fuel between U.S. ports for short periods, lowering retail prices in affected areas. In March 2026, President Trump waived the Jones Act for a 60-day period in response to Hurricane Eden's effect on Eastern U.S. fuel supply.

The debate

Supporters of the Jones Act, including U.S. shipbuilders and maritime labor unions, argue the law preserves a critical national-defense capability and supports U.S. jobs in shipbuilding and shipping. The U.S. Department of Defense has historically defended the Act on these grounds.

Critics, including the Institute for Energy Research, the Cato Institute, the Heritage Foundation, and a wide range of economists across the political spectrum, argue the Act raises consumer costs in Hawaii, Alaska, and Puerto Rico, distorts U.S. petroleum markets by making coastal shipping uneconomic, and provides only marginal national-security benefit. The Government Accountability Office has estimated the Act costs U.S. consumers about $1.8 billion per year.

FAQ

Does the Jones Act apply to crude oil or just gasoline?

Both. The Jones Act applies to all maritime cargo between U.S. ports, including crude oil, refined products (gasoline, diesel, jet fuel), and liquefied natural gas. For LNG specifically, there are currently zero Jones Act-compliant LNG carriers, which makes interstate LNG shipping by water effectively impossible.

Why does the Jones Act affect Hawaii more than the East Coast?

The East Coast has multiple supply options: pipelines from Texas (Colonial Pipeline), domestic refineries (Pennsylvania, New Jersey, Delaware), and foreign imports from Europe. Hawaii has none of these. Its only supply options are local refining, foreign-flagged imports from Asia, and Jones Act-compliant shipments from West Coast refineries. The lack of alternatives makes the Jones Act premium larger.

How often is the Jones Act waived?

Rarely. The Department of Homeland Security can grant temporary waivers in response to disasters or supply emergencies. Recent waivers occurred during 2005 (Hurricane Katrina), 2017 (Hurricane Maria), 2022 (Colonial Pipeline cyberattack and Hurricane Ian), and March 2026. Most waivers last 7 to 60 days.

Has Congress considered repealing or reforming the Jones Act?

Yes, repeatedly. Multiple bills to reform the Jones Act have been introduced over the past two decades, including proposals to exempt Hawaii and Alaska from the law, to modify the U.S.-build requirement, or to grant permanent Puerto Rico exemptions. None have passed. Reform faces opposition from U.S. maritime labor and shipbuilding interests.

Sources

  1. Merchant Marine Act of 1920, Section 27 (46 U.S.C. § 55102).
  2. U.S. Government Accountability Office, Puerto Rico: Characteristics of the Island's Maritime Trade, GAO-13-260, March 2013.
  3. Institute for Energy Research, "The Jones Act: Distorting American Energy Markets Since 1920," September 29, 2017.
  4. Institute for Energy Research, "President Trump Waives The Jones Act For 60 Days," March 18, 2026.
  5. Cato Institute, Project on Jones Act Reform, ongoing.