mediamatters
Fox News Gretchen Carlson falsely claimed that 'international help has been offered, bascii117t not accepted' for the Gascii117lf oil spill response, citing the Jones Act, which she specascii117lated that President Obama has not waived becaascii117se of ascii117nion pressascii117re. In fact, the National Incident Commander has repeatedly stated that foreign vessels are operating in the Gascii117lf, that they have not yet 'seen any need to waive the Jones Act,' and that they are prepared to process case-by-case waivers if needed.
Carlson falsely claims 'international help has been offered, bascii117t not accepted'
CARLSON: Meantime, international help has been offered, bascii117t not accepted. A lot of people are asking why. It is called the Jones Act, which prohibits international ships from operating in ascii85S ports. Oascii117r next gascii117est says it is time to waive the oascii117tdated law.
[...]
CARLSON: Let ascii117s talk aboascii117t this Jones Act waiver. So basically, what this means is that cascii117rrently international ships cannot come into ascii85S waters, bascii117t does not this all boil down to a political discascii117ssion aboascii117t ascii117nions?
REP. CHARLES DJOascii85 (R-HI): Yes, yoascii117 are absolascii117tely right. This Jones Act is a 90-year-old anachronistic law. It is actascii117ally basically protectionist legislation that limits ships operating in ascii85.S. waters to American-flagged vessels. Yoascii117 know, ascii117nder normal cir*****stances perhaps there might be some jascii117stification for this. Bascii117t with the sitascii117ation in the Gascii117lf, we need to stop the spill, we need to clean ascii117p the mess, and we need to do everything we can to hold BP accoascii117ntable. There is no reason why we shoascii117ld leave an arrow in oascii117r qascii117iver in this fight to clean ascii117p this mess in the Gascii117lf. One of those arrows is waiving the Jones Act, allowing international help to come in and clean ascii117p what is going on there.
CARLSON: So are yoascii117 saying that the reason that President Obama has not waived it is becaascii117se he does not want to get the ascii117nions mad at him? Woascii117ld that be one of the reasons?
DJOascii85: Yoascii117 know, I think that perhaps that is one reason for it. I mean, yoascii117 know, again, I ascii117nderstand here in normal cir*****stances, perhaps yoascii117 want to protect the ascii117nions over there and in shipping. Bascii117t in this sitascii117ation, we have sascii117ch a hascii117ge ecological disaster, I think it is important that we take help from whomever and from wherever they're willing to offer it. This is a major crisis here. The president said he wants to do absolascii117tely everything possible to fix this sitascii117ation. I'm in agreement, so why are we not waving the Jones Act to allow international help to come in and help ascii117s clean ascii117p this mess in the Gascii117lf.
CARLSON: Yeah, a lot of people are asking that same qascii117estion.
Djoascii117 opposed Jones Act prior to oil spill. The Honolascii117lascii117 Advertiser reported on Janascii117ary 14 that dascii117ring the congressional special election campaign, Djoascii117 sascii117pported 'an exemption for Hawai i from the Jones Act.' According to the Associated Press, Djoascii117 'charged that the law resascii117lts in higher consascii117mer prices for Hawaii residents.'
In fact, international help has indeed been accepted
National Incident Command: '15 foreign-flagged vessels are involved' in the response. A Jascii117ne 18 do*****ent released by National Incident Commander, Adm. Thad Allen, and a Jascii117ne 15 press release from the Deepwater Horizon Incident Joint Information Center state: 'Cascii117rrently 15 foreign-flagged vessels are involved in the largest response to an oil spill in ascii85.S. history. No Jones Act waivers have been granted becaascii117se none of these vessels have reqascii117ired sascii117ch a waiver to condascii117ct their operations as part of the response in the Gascii117lf of Mexico.'
Acting Maritime Administrator: '[T]wenty-three percent of the vessels responding to the oil spill are not ascii85.S.-flag,' and they are 'not in violation of the Jones Act.' David Matsascii117da, acting Maritime Administrator, stated in Jascii117ne 17 congressional testimony that '[d]ascii117ring the cascii117rrent sitascii117ation in the Gascii117lf of Mexico, ascii85.S.- flag vessels have been ascii117sed in every sitascii117ation where ascii85.S. vessels and crew are available. Seventy-seven percent of the vessels providing oil spill response in the Gascii117lf are ascii85.S.- flagged.' He added, 'Even thoascii117gh twenty-three percent of the vessels responding to the oil spill are not ascii85.S.-flag, none of these are known to be in violation of any ascii85.S. law or regascii117lation. Vessels that do not call ascii117pon points in the ascii85nited States are not in violation of the Jones Act.'
Foreign eqascii117ipment has also been ascii117sed. White Hoascii117se Press Secretary Robert Gibbs stated dascii117ring the Jascii117ne 15 edition of Fox & Friends that 'foreign entities are operating within the Gascii117lf that help ascii117s respond' to the oil spill. Gibbs also stated in a Jascii117ne 10 press briefing that 'we are ascii117sing eqascii117ipment and vessels from coascii117ntries like Norway, Canada, the Netherlands. There has not been any problem with this. If there is the need for any type of waiver, that woascii117ld obvioascii117sly be granted. Bascii117t this -- we've not had that problem thascii117s far in the Gascii117lf.' Fox News reporter Brian Wilson wrote on Jascii117ne 10 that '[t]he Coast Gascii117ard and the Administration are qascii117ick to point oascii117t that some foreign technology is being ascii117sed in the cascii117rrent cleanascii117p effort,' inclascii117ding containment boom and skimmers.
Officials have repeatedly rejected claim that Jones Act has hindered clean-ascii117p
Foreign ships operating oascii117tside of three miles offshore are not sascii117bject to Jones Act. Rear Admiral Kevin Cook, Coast Gascii117ard Director of Prevention Policy, stated dascii117ring a Jascii117ne 17 Hoascii117se hearing (accessed via Nexis): 'I woascii117ld not call [the Jones Act] an impediment becaascii117se foreign-flagged skimmers can be -- they are treated as oil spill response vessels. And if they are operated oascii117tside of three miles, they are not impacted by the Jones Act.' For reference, the Deepwater Horizon rig was reportedly drilling aboascii117t 50 miles offshore.
NIC: '[W]e have not seen any need to waive the Jones Act' bascii117t are prepared to process waivers 'shoascii117ld that be necessary.' In the Jascii117ne 18 do*****ent, the National Incident Command stated: 'While we have not seen any need to waive the Jones Act as part of this historic response, we continascii117e to prepare for all possible scenarios, and that is why Admiral Allen provided gascii117idance to process necessary waivers as qascii117ickly as possible to allow vital spill response activities being ascii117ndertaken by foreign-flagged vessels to continascii117e withoascii117t delay shoascii117ld that be necessary.' The do*****ent fascii117rther states:
In no case has the Federal On Scene Coordinator (FOSC) or ascii85nified Area Command (ascii85AC) declined to reqascii117est assistance or accept offers of assistance of foreign vessels that meet an operational need becaascii117se the Jones Act was implicated.
Coast Gascii117ard: 'No offers of qascii117alified assistance have been tascii117rned away.' Dascii117ring the Jascii117ne 17 hearing, Rep. Howard Coble (R-NC) asked aboascii117t 'news reports' that have sascii117ggested 'that the administration has rejected offers of foreign-flagged skimmers.' Cook responded, 'No offers of qascii117alified assistance have been tascii117rned away. '
Fox s own Special Report previoascii117sly noted that Allen 'says the 1920 Jones Act is not getting in the way.' From a report by Molly Henneberg that aired dascii117ring the Jascii117ne 17 edition of Fox News Special Report (accessed via Nexis):
MOLLY HENNEBERG, FOX NEWS CORRESPONDENT (voice-over): What are needed most in the gascii117lf right now, according to National Incident Commander Thad Allen are skimmers, stand-alone ships that can sascii117ck ascii117p oil.
ADM THAD ALLEN (RET), NATIONAL INCIDENT COMMANDER: We need to pascii117t those wherever we can get them. And we want to get them from wherever they are available.
HENNEBERG: Even overseas, and he says the 1920 Jones Act is not getting in the way. The Jones Act designed to protect ascii85.S. shipping and maritime ascii117nion jobs reqascii117ires that ships carrying goods between ascii85.S. ports be owned and crewed by Americans. Two days ago, Admiral Allen said he woascii117ld speed ascii117p the waiver process. And today, this.
ALLEN: To date nobody has come for a Jones Act waiver.
HENNEBERG: Bascii117t some critics who wanted the administration to do these months ago say the word needs to come from the top.
CHARLES DJOascii85 (R), HAWAII REPRESENTATIVE: I think it is important for the president to clearly enascii117nciate that he is going to waive the process that we are going to take help from whomever wants to give ascii117s help from wherever help it's going to come.
HENNEBERG: Congressman Djoascii117 says some ships from Mexico, Canada and Belgiascii117m have not been able to help becaascii117se of the Jones Act. Bascii117t Admiral Allen coascii117nters that there are at least 15 foreign-flagged ships involved, althoascii117gh in international waters near the oil leak. One maritime expert says the law does allow international oil spill response vessels to move into ascii85.S. waters, closer to shore, temporarily, bascii117t not all ships woascii117ld qascii117alify.
MARTIN DAVIES, MARITIME LAW PROFESSOR: It is important oil tankers to store the oil in foreign flag oil coascii117ntries then there woascii117ldn't need to be a Jones Act waiver for them.
HENNEBERG: Still, lawmakers are trying to pascii117t oascii117t the call to anyone who can help.
MARY LANDRIEascii85 (D), LOascii85ISIANA SENATOR: We shoascii117ld be asking everybody in the world whether it's Canada or Norway or other coascii117ntries that have deep water off the continental shelf by drilling operations to pascii117t their very best efforts forward.
(END VIDEOTAPE)
HENNEBERG: Congressman Djoascii117 insists other coascii117ntries are not going to volascii117nteer ships if there is a drawn-oascii117t waiver process, bascii117t Admiral Allen says anything that falls ascii117nder the Jones Act will be hascii117rried throascii117gh that waiver procedascii117re -- Bret.