"Citizens in Support of the Sea Services"

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The U.S. Flag-Merchant Marine: A Century in Review

By ROBERT W. KESTELOOT

CAPTAIN ROBERT W. KESTELOOT, USN (Ret.), is founder and president of K Associates Ltd., of Reston, Va., a maritime firm that specializes in merchant marine and national security affairs. He also is a member of the Navy League's Merchant Marine Affairs Committee. The author's last active-duty assignment with the Navy was as director of strategic sealift on the staff of the chief of naval operations. The views expressed here are his own and not necessarily those of the Navy League.


The last four years of the 19th century greatly influenced the early history of the U.S.-flag merchant marine in the 20th century--which started, in a sense, on the day in 1896 that Theodore Roosevelt became assistant secretary of the Navy. This forceful young crusader was an ardent follower of Alfred Thayer Mahan, whose writings first found favor in England, France, and Germany before receiving the support of his own U.S. Navy superiors and, eventually, the Congress and the administration.

The U.S.-flag merchant fleet was then in a serious state of decline, having persisted too long in the continued use of square-rigged sailing clippers while other countries, notably England, transitioned to steamships. Only about eight percent of U.S. cargo was being moved in American ships. The balance was moving in foreign bottoms, which were annually increasing their share of the market. These facts, as well as concern for the state of the U.S. Navy--which had not experienced any sea engagements since the Civil War--greatly influenced the economic views of the Congress. Mahan, through his writings, provided a timely and politically acceptable point of view for correcting the deteriorating condition of both the U.S. Navy and the country's outdated merchant marine.

Mahan asserted that a navy could justify its existence only by the protection of merchant shipping. Describing the sea as a network of trade routes, Mahan cited ancient precepts as well as modern history to prove that true national greatness has been, in all ages and in all countries throughout the world, based upon waterborne commerce. He maintained that the most powerful navies have grown out of thriving merchant fleets, and that the purely military navy is foredoomed to failure.

As assistant secretary, Theodore Roosevelt reorganized the system of navy rank and promotion, ordered great reserves of coal and ammunition and began new projects at the arsenals and navy yards. He also, not incidentally, encouraged the establishment of the Navy League of the United States and helped support it financially. Due largely to his efforts, the Navy's active fleet had reached an advanced stage of preparation when the United States declared war on Spain in April 1898. Improvements to the U.S.-flag merchant marine were properly left to others, and would take longer.

The Spanish-American War of 1898, later described by some as a "splendid little war," was short and decisive. Adm. George Dewey boldly entered Manila Bay on 1 May and sank or burned every Spanish vessel there, then quickly silenced the shore batteries. In the Caribbean, superior American naval power annihilated two squadrons of Spanish ships on 3 July.

The American fleet remained in Manila, and U.S. Army troops took up garrison in Cavite. The supply of these forces with coal (for the ships), fodder (for the cavalry animals), and food and other necessities (for the troops) became the subject of the U.S. Flag Merchant Marine debate within the Congress. The problem was a provision in law that required the War and Navy Departments to provide "for the transportation of all supplies and stores by contract with the lowest bidder, without regard ... to the nationality of the vessel." Letters from the Secretaries of the Navy, Commerce, and Labor Departments acknowledged that they were required by law to award contracts to the lowest bidder, although they favored and welcomed any legislation that would permit the shipment of public stores in American bottoms.

Was Mahan Wrong?

Logistics for the Philippine theater of the war itself had been difficult at best and are detailed in a Merchant Marine and Fisheries Committee report to the House:

"The difficulties encountered by the United States Government at the commencement of the Spanish War should not be forgotten. It was necessary then to improvise a large fleet, not only of auxiliary cruisers, but of transports and supply ships, equal in numbers to the entire regular fighting fleet of the United States.

"After the available resources of our own merchant marine had been exhausted, our Government was compelled to purchase some 51 foreign steamers, aggregating 128,000 tons and costing nearly $10,000,000.

"An excessive price was paid for many of these foreign craft, and some of them, on careful examination, were found to be unfit for our exacting service. ... In many instances the former officers and crews of these purchased vessels refused to serve under the American flag and imperil their lives in a war in which they had no interest. The lack of merchant auxiliaries and ... trained sailors [was] a serious handicap upon our whole military operations ... although a feeble third-rate power was our antagonist."

The Committee Report continued: "Experience has shown that in the time of war American ships would cost far less to acquire and operate for efficient service and are at once ready for any duty. But domestic vessels adapted for this purpose cannot be expected to be available unless in time of peace they can be built and operated in some business promising a fair profit to their owners. This cannot be assured at the present time under the competition of vessels of other nations, built, maintained, and operated cheaper than American vessels can possibly be."

In 1904, a cargo preference act was passed requiring that supplies shipped from the United States for Army and Navy forces stationed in the Philippines were to be transported in ships registered under the flag of the United States. Although amended many times since, the 1904 Act is still law and provides that "Only vessels of the United States or belonging to the United States may be used in the transportation by sea of supplies bought for the Army, Navy, Air Force, or Marine Corps."

The Departments of War and Navy presumably adhered to the requirements of the 1904 Act, but the results were not as spectacular as planned. There was insufficient government cargo to achieve all that was envisioned by the Congress. In any event, at the onset of World War I, the U.S.-flag commercial fleet still was carrying only negligible amounts of cargo; English ships were carrying the bulk of both America's imports and exports, including raw cotton outbound for English mills.

The Great War

As Great Britain requisitioned her merchant ships to meet the demands of World War I, American cotton rotted on the docks, despite a 1,000 percent increase in shipping rates. To ease the crisis, Congress enacted emergency legislation in 1914 to permit foreign-flag ships to be registered under the U.S. flag for operation in foreign trades. Two years passed while the Congress debated and finally passed the Shipping Act of 1916, which provided the impetus for an enormous surge in ship construction. Although 1,409 oceangoing merchant ships were constructed as a result of the 1916 Act, only a few were operational in time to be of use in "The Great War." They were, however, instrumental in the recovery of England and wartorn Europe.

The 1916 Act also established a Shipping Board of five commissioners. One of the early problems facing the Board was how to dispose of the huge surplus of government-owned ships that had been built by American shipyards. After lengthy debate, Congress enacted the Merchant Marine Act (MMA) of 1920. The primary aim of the Act was to establish rules for the disposal of surplus ships, but the MMA is memorable for other reasons. For the first time, Congress issued a Declaration of Policy with respect to the U.S.-flag merchant marine. Also, Section 27 of the Act included cabotage language, championed by Sen. Wesley L. Jones of Washington, that restricted trade between states to ships that are built in the United States, registered in the United States, and manned by American citizens. The Act itself is often called the Jones Act, therefore, rather than the more-inclusive MMA.

Twelve years later Franklin Delano Roosevelt (another former assistant secretary of the Navy) was elected president and would justifiably boast, "I am my own Secretary of the Navy." He also understood, and supported, the merchant marine. In fact, he usually breakfasted weekly with Vice Adm. Emory S. Land, chairman of the Maritime Commission from 1938 to 1947.

Following his inauguration on 4 March 1933, Roosevelt sent a message to the Congress asking whether or not the United States should have an adequate merchant marine. He left little doubt that he personally favored a strong U.S.-flag fleet that could compete with foreign shipping combines, allow the United States to continue its trade in the event of a major foreign war, and be able to provide the logistics ships required by the Navy in time of war.

Mahan Vindicated

It took the Congress over a year to answer FDR's question, and it did so in the form of the Merchant Marine Act of 1936. With only minor changes to the policy statement in the 1920 Act, the new Act stated emphatically that: "It is necessary for the national defense and development of its foreign and domestic commerce that the United States shall have a Merchant Marine:

(a) sufficient to carry its domestic waterborne commerce and a substantial portion of its waterborne export and import foreign commerce;

(b) capable of serving as a naval and military auxiliary in time of war or national emergency;

(c) owned and operated under the U.S. flag by citizens of the United States;

(d) composed of the best-equipped, safest, and most suitable types of vessels, constructed in the United States and manned with trained and efficient citizen personnel; and

(e) supplemented by efficient facilities for shipbuilding and ship repair."

The 1936 Act also recognized the need for direct subsidies to cover the cost differentials between American and foreign seafarers and between American and foreign shipbuilders. These subsidies were provided to private shipping companies in the form of Operating Differential Subsidies (ODS) and Construction Differential Subsidies (CDS).

The section of the 1936 Act that would have the greatest impact was one authorizing the government to build ships and charter them to shipping companies for use on foreign trade routes. The Act also provided for loans and mortgage insurance.

The immediate result of the Act was that existing U.S. shipyards were modernized, new yards were built, and ship designs were standardized to produce serial ships at low cost. The initial goal was to build 50 ships a year for a period of 10 years, but as the war clouds over Europe thickened those goals were increased and accelerated. Between 1939 and 1946 almost 5,000 commercial ships of all types were built in American yards and served as steel bridges spanning both the Atlantic and Pacific Oceans. The Allied victories over both Germany and Japan would have been impossible without those vessels.

A Problem Revisited

Following World War II, a familiar problem existed: What should the United States do with its surplus ships? The 1946 Merchant Ship Sales Act was more successful than the MMA of 1920. The Maritime Commission first considered current and future national requirements for a privately owned postwar American merchant marine as well as a National Defense Reserve Fleet (NDRF) for national emergencies. This was the first time that a merchant marine providing for both commercial and defense needs was planned and established. U.S. ship operators received first choice of the approximately 4,000 ships up for disposal, then European allied nations were allowed to buy ships at reasonable prices. More than 1,100 ships were "sold foreign," and helped hasten the economic and political recovery of wartorn countries.

But the return of foreign-flag competition caused many U.S. ship operators to lay up their ships. By1954, 43 percent of the privately owned U.S.-flag tramp ships were laid up. As in the late 19th century, when the American merchant fleet was slow to convert from sail to steam, the U.S. maritime industry continued to use war-built ships--to the detriment of American shipyards that had built the great WWII merchant fleet. The huge postwar aid programs for the recovery of Europe specified that U.S. ships be allocated "at least 50 percent" of the new cargoes generated by the government-sponsored programs. Those cargoes kept the American fleet busy in the immediate postwar period, but tended to blind the industry to the need to modernize in order to compete with the newer and much more efficient foreign-flag fleets.

The NDRF proved its worth with the beginning of the Korean War in 1950.

Although many NDRF ships operated superbly in support of allied forces in Korea, the Maritime Administration (MARAD), recognizing the need to stimulate the U.S. shipbuilding industry, ordered 35 Mariner-class ships, excellent breakbulk ships that were originally operated for MARAD under General Agency Agreements. After becoming familiar with the ships and gaining an appreciation for their size, speed, and manpower-saving features, American carriers purchased all 35 ships. Another 17 Mariners later were built by the private sector.

50/50 and 5 Percent

One provision of the Merchant Marine Act of 1936 covered cargo preference. After World War II and until 1954, the U.S. Congress enacted enabling cargo-preference legislation annually, or as needed. This series of laws allocated to U.S.-flag ships "at least 50 percent" of the cargoes generated by government-sponsored programs. In 1954, Congress passed Public Law 480, "the Agricultural Trade Development and Assistance Act," which continued the 50-percent apportionment of food-aid tonnage.

That same year, Congress passed Public Law 664, popularly known as "the 50/50 Act," which specified that at least 50 percent of the tonnage of certain government-generated cargoes--computed separately for dry bulk carriers, dry cargo liners, and tankers--was to be transported on privately owned U.S.-flag commercial ships.

By 1969, however, it was clear that continued reliance on the policy embodied in the 1936 Act and the several cargo preference, subsidy, and cabotage laws was not enough. The aging U.S.-flag fleet was carrying only 5 percent of America's commercial exports and imports (compared to 43 percent in 1950). Accordingly, President Richard M. Nixon sent to the Congress a proposed program that he said would "replace the drift and neglect of recent years and restore this country to a proud position in the shipping lanes of the world." He signed the Merchant Marine Act of 1970 on 21 October 1970.

The 1970 legislation called for the construction--in American shipyards over a 10-year period--of 300 ships that would operate in U.S. foreign trade. It also expanded the availability of CDS and ODS to bulk carriers and tankers. Payment of the construction subsidy was to be made directly to shipbuilders, not ship owners.

The Devil in the Details

Unfortunately, the 1970 Act failed to revitalize the U.S.-flag merchant marine as promised. The Maritime Administration favored and approved a mix of ships consisting of large tankers and oil/bulk/ore (OBO) carriers. Preference also was given to expensive large barge-carrying ships such as the Lighter Aboard Ship (LASH) ships as well as large container ships. But the timing was wrong. The international demand for tankers and bulk carriers was low because of overtonnage in a depressed market, and inflation pushed the cost of the barge and container ships even higher.

Another problem affecting tankers and OBO ships was the tying together of the operating subsidy and an essential trade route as designated by the Maritime Administration. This requirement ignored the fact that tankers and bulk ships operate in a "spot" market--i.e., they trade worldwide wherever there is business, not on a specified route, and the industry had no interest in building such ships with route restrictions attached.

The Arab oil embargo, which started in late 1973, quadrupled oil prices and served as the death knell of the ambitious ship construction plan of 1970. Only two OBO ships were built under the 1970 Act (but 24 tankers were built and subsidized for operations exclusively in foreign trade). One major problem with the 1970 Act was that government attempted to tell the industry what kind of ships to build instead of asking industry to build ships that would be commercially competitive as well--and also would be available to meet national-defense needs.

The Reagan Years

By 1980, less than 4 percent of America's export and import waterborne trade was moving in U.S.-flag ships. An extensive nine-point maritime program was put forward in 1980 by presidential candidate Ronald Reagan to rebuild the U.S. merchant marine. Once elected, however, Reagan did nothing to implement the program. The reported reason was that the OMB (Office of Management and Budget) staff conducted a review of maritime programs during the transition period and concluded that "National security arguments do not provide a strong justification for the provision of public assistance to the [maritime] industries."

Because OMB policy decisions almost always translate directly into budget decisions, few were surprised when Construction Differential Subsidies were discontinued and funding authority was discontinued both for Operating Differential Subsidies and Title XI ship construction loan guarantees.

One other OMB conclusion about shipbuilding deserves mention: "Navy ship construction and private ship overhaul and repair work are sufficient to maintain the shipbuilding mobilization base determined to be required in a national emergency." In the two decades since that finding it has become abundantly clear that OMB was as wrong as any federal agency could possibly be.

There was a certain amount of irony in the later Reagan decision to establish a Rapid Deployment Force that would rely on the country's merchant marine for transportation--several years after having been told that "national security arguments" do not justify public assistance.

Nonetheless, the Navy did turn to the industry for assistance, and the industry responded. While the Air Force would have the task of deploying personnel to the world's hot spots when needed, the Navy would provide prepositioned ships loaded with unit equipment, ammunition, field hospitals, and a complete range of resupply and repair equipment that could arrive nearly simultaneously in a port near the combat zone for a "marry-up" of troops and equipment.

Among the "First to Fight" would be one or more Marine Corps Brigades with three brigade sets of equipment and 30 days of supplies in 13 ships geographically spread among the Atlantic, Pacific, and Indian Oceans and known as the Maritime Prepositioning Force, or MPF.

Army and Air Force Sign Up For Sealift

Support equipment, supplies, and ammunition also were prepositioned afloat for the Army and the Air Force, which eventually required 25 afloat prepositioning ships. The Navy also undertook to enlarge the Ready Reserve Force (RRF) to a total of 96 ships, many of them roll-on/roll-off (RO/RO) ships, plus specialized ships such as crane ships and aviation logistics support ships. Eight fast sealift ships were partially converted to Army RO/ROs and placed in four-day reduced operating status (ROS-4), and two hospital ships (1,000-bed capacity each) were converted from two tankers. In all, $7.4 billion was spent by DOD in the 1980s to create a Strategic Sealift Force capable of carrying supplies to U.S. forces overseas almost anywhere in the world.

The first test of that force was triggered by Iraq's invasion of Kuwait on 2 August 1990 and the start of Operation Desert Shield on 7 August. It also was the first test for the four-year-old single unified command for transportation, the United States Transportation Command (USTRANSCOM), which had been created as the result of a Packard Commission recommendation in 1986.

Improving on procedures developed by its predecessor, the Joint Deployment Agency, USTRANSCOM coordinated the efforts of its three component commands: the Air Force's Military Airlift Command (MAC), the Navy's Military Sealift Command (MSC), and the Army's Military Traffic Management Command (MTMC). During the period from early August 1990 to 10 March 1991 approximately 9.7 million tons of cargo, including petroleum, oil, and lubricants, were transported to the Persian Gulf area by sea and air--94.4 percent of it by sea.

The strategic sealift forces performed about as well as could be expected, given the lack of prior-year funding for maintenance and for RRF ship activation exercises. Of the 76 ships activated from the RRF, many took longer than scheduled to activate. Ships designated for a five-day breakout took, on average, 11 days. It took an average of 16 days to break out 10-day ships. Once activated, however, the RRF maintained a respectable 93.5 percent reliability rate.

Looking Ahead

There were other problems, though. Qualified seafaring personnel became increasingly difficult to find. During Desert Shield and Desert Storm, commercial mariners worked for months without vacations because it took nearly every available off-duty mariner to activate the RRF ships and Fast Sealift ships. Nearly all commercial U.S.-flag ships that were in temporary lay-up also were activated by their owners because there were government cargo contracts to be filled. Industry schools developed crash courses to certify members whose qualifications had lapsed, then closed their doors and sent their instructors to sea.

The first among the several lessons learned from the Gulf War was the need for additional RO/ROs. Funding was provided by Congress to build 14 new large medium-speed RO/ROs (LMSRs) and to convert five existing ships to the LMSR configuration. This program is nearly completed.

The second lesson learned was the need for daily maintenance of the most essential ships in the RRF. Today, 56 RRF ships have activation times of four or five days, and are constantly manned (with nine or ten crewmembers). Should these ships be activated, the maintenance crewmembers--who have the on-board familiarity essential for rapid transition from inactive to active status--would sail with the ships on their first voyage. The early-activation ships are homeported near their probable DOD loading ports, and do not require the assistance of a shipyard for activation.

Despite the new ships and increased standards of readiness for the RRF, there are growing concerns over the future of strategic sealift. The combination of demographics and declining seagoing employment opportunities--coupled with increased mandatory training requirements for mariners--does not bode well for meeting crewing requirements for future activations of government-owned strategic sealift ships. The average age of RRF ships, moreover, is more than 32 years. The day is fast approaching when they will require mass replacement, and that translates into a major budget problem.

The last significant 20th-century maritime legislation with defense implications was the Maritime Security Act of 1995, which passed in 1996 by an overwhelming Senate vote of 88­10. The 1995 Act established the maritime security program (MSP), which replaced the expiring ODS program by providing, for 10 years, $2.1 million a year for each of 47 ships enrolled in MSP. In exchange, the companies that own and operate the ships agreed to make cargo capacity and their entire intermodal network equipment and expertise available to DOD when needed to meet national-defense requirements. MSP funding requires annual appropriations by the Congress.

MSP is considered to be beneficial to the country in general and to DOD in particular. It keeps 47 ships in international trade, which ensures that the nation retains a voice in the setting of cargo tariff rates and in representation in the International Maritime Organization and other world maritime agencies. The leveraged impact of these 47 ships should not be underestimated. Because of existing vessel-sharing agreements and alliances with other ship-operating companies of the world, the MSP contracts open up cargo space on literally hundreds of ships worldwide.

Whither Anon?

As a new century starts, FDR's question of whether or not the United States requires an adequate merchant marine is still timely. So, too, is Mahan's observation in The Influence of Sea Power upon History, 1660­1783, in which he comments on the problem of creating a merchant marine in the absence of strong interests convinced of its necessity. The solution of that problem, he said, rests with the economists rather than with the military. "In a representative government," Mahan asserted, "any military expenditure must have a strongly represented interest behind it, convinced of its necessity."

Many of the problems resulting from the possession of a less-than-adequate merchant marine are shared by the Departments of Transportation and Defense, which suggests an obvious truism: Organizations that share mutual problems should seek a single synergistic solution--spelled out below.

The Department of Defense

Two major areas of DOD concern are the decline in the seafarer manpower pool and the age of the RRF, which requires massive recapitalization over the next ten years. There already are too few mariners to man the RRF ships. This problem will quickly become worse because of the aging commercial work force and the decline in new accessions. The robust state of the U.S. economy and the changing nature of going to sea--with longer family separations and fewer port visits--are major contributing factors to the latter problem. Emerging international training requirements, supported by the United States and desirable worldwide to improve safety of life at sea, will further limit the pool of qualified mariners. The added training requirements will not only take time to achieve, but also increase manpower costs.

Constraints on Defense Department acquisition funding are not expected to allow replacement of the RRF ships. The average LMSR acquisition price tag was $350 million. The replacement of more RRF ships with new construction will be considered unaffordable, but the opportunity to convert existing tonnage has all but disappeared.

The Department of Transportation

The Department of Transportation also has two major problems: highways and the U.S. merchant marine. Many of the north/south coastal interstates are heavily congested, mostly by trucks. They also are plagued with an aging infrastructure that is rapidly deteriorating.

On the maritime side of the Department, American shipbuilders appear unable--for reasons totally unrelated to either their skills or efficiency--to match the cost of foreign-built commercial ships. Fewer job opportunities and the decreased attractiveness of a seagoing career are the apparent causes of the decline in the seafarer manpower pool. Moreover, many foreign ship operators employ Third-World labor, and China has now entered the international labor market, making the situation worse. The end result is that U.S. ship operators and maritime unions are having problems meeting the manning requirements of U.S.-flag ships.

A Partial Answer?

One possible answer to many of the problems described is the creation of an active RRF that operates every day and returns money to the U.S. Treasury. A government-funded build-and-charter program that leases ships to private industry to operate in the protected Jones Act trades might obviate much of the need to maintain and pay for an inactive RRF. A fleet of RO/RO ships able to move large trucks up and down the open U.S. coastal waters could mitigate congestion on the interstates while also contributing to traffic safety and pollution reduction. A similar fleet of feeder ships to move intermodal containers from major ports to smaller ports would further reduce highway traffic.

Ships of these types could be built in series, as were the Mariner-class ships of the 1950s, in U.S. shipyards at a cost estimated to be approximately $115 million for a feeder ship and $140 million for a heavy RO/RO. Both types of ships would be equipped with identical engines, generators, auxiliary equipment, and machinery control systems. They would have the same superstructures, bridges, ship control systems, and navigation and communications equipment. Only their cargo sections would differ. The resultant savings would be significant, both in construction costs and for crew training. Over a 25-year lease period, studies show, each ship would return, on average, an estimated $190 million to the Treasury. The U.S. seafarer manpower pool would grow to a size capable of supporting defense requirements, and DOD would have ships readily available for contingency use.

Some things never change, however. Which means: (1) that the harsh lessons of the 20th century probably will have to be relearned in this new century; and (2) that the cyclical rise and fall of the U.S.-flag merchant marine will continue indefinitely. In his later years even Mahan contradicted his earlier precept that a prosperous nation must carry its own trade. Testifying in 1904 before the Merchant Marine Commission he said it would be desirable for the United States to have its own merchant fleet, but he also said that he did not favor providing financial assistance to the merchant marine that might otherwise go to the Navy, because the Navy is primary. 


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