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AMERICAN PORT ACCESS PRIVILEGES ACT OF 2022
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HON. JOHN GARAMENDI
of california
in the house of representatives
Tuesday, June 28, 2022
Mr. GARAMENDI. Madam Speaker, today I introduce the ``American Port Access Privileges Act of 2022,'' with my friend and colleague Congressman Jim Costa (D-CA). The COVID-19 pandemic exposed the shortcomings in the international ocean shipping industry and the global supply chain. Congress must restore fairness at our ports for American exporters to help reduce the United States' longstanding trade imbalance with countries like mainland China. Our legislation seeks to do just that, building upon my bipartisan Ocean Shipping Reform Act of 2022 (Public Law 117-146) signed by President Biden on June 16, 2022.
Foreign-flagged vessels' access to the American market and its consumers is a privilege, not a right. Even during a global pandemic, multinational companies looking to offload foreign-made products at West Coast ports must provide opportunities for American exports in return. California's agricultural exporters, manufacturers, and other businesses are willing to pay to ensure their products reach emerging markets in the Asia-Pacific. Dozens of agricultural exporters have contacted my office reporting that ocean carriers simply refused to accept cargo bookings for American exports, instead sending containers back empty to East Asia as quickly as possible. Congress must ensure reciprocity in trade and the ocean shipping industry, which is dominated by a handful of foreign-flagged ocean carriers. Some of these foreign ocean carriers are effectively state-controlled enterprises.
Our ``American Port Access Privileges Act'' would correct the structural disadvantages facing American exporters at our nation's ports by rewarding ocean carriers that serve both importers and exporters. First, the bill would codify the current preferences for military, Jones Act, and other U.S.-flagged vessels in place at many major American ports. Second, the bill would establish a secondary berthing preference for ocean-going commercial vessels servicing multiple ports in the United States or with significant cargo bookings of American exports.
This new preferential berthing will reward ocean carriers that serve both importers and American exporters by moving those vessels to the front of the queue for unloading and loading. It will similarly incentivize ocean carriers to make second-leg voyages to ports like the Port of Oakland, which is critical for California's agricultural exporters. Any port authority seeking federal funding from the Maritime Administration's port infrastructure development grant program would be required to accept these berthing preferences.
However, our bill ensures that the new preferential berthing and port access for export carrying-vessels would never interfere with U.S. Coast Guard orders for commercial vessels, port safety, or collective bargaining agreements for port workers. I recognize that the international shipping industry is variable and that cargo bookings often change last minute, requiring ocean carriers, port operators, and maritime workers to remain flexible. That is why our American Port Access Privileges Act would require that export-carrying vessels seeking preferential berthing report cargo bookings at least 7 days in advance to port operators.
Lastly, our bill would authorize the U.S. Department of Transportation's Bureau of Transportation Statistics to collect data on berthing and cargo practices at U.S. ports. This will evaluate ocean carriers' practices for port calls and cargo bookings, as well as the impact of preferential berthing afforded under our bill. A similar data-collection provision sponsored by U.S. Senator Roger F. Wicker's (R-MS) on container and chassis availability is incorporated as Section 16 (Dwell Time Statistics) of the Ocean Shipping Reform Act of 2022 (Public Law 117-146), of which I was the House sponsor.
Madam Speaker, I urge all members to cosponsor the American Port Access Privileges Act to ensure fair trade for U.S. businesses and keep hard-won foreign markets accessible to California's agricultural exporters. As a senior member of the House Committee on Transportation and Infrastructure and the former ranking member of the Subcommittee on Coast Guard and Maritime Transportation from the 113th to the 115th Congresses, I plan to make this legislation a major priority.
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SOURCE: Congressional Record Vol. 168, No. 109
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