[Congressional Record Volume 168, Number 109 (Tuesday, June 28, 2022)]
[Extensions of Remarks]
[Pages E680-E681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              AMERICAN PORT ACCESS PRIVILEGES ACT OF 2022

                                 ______
                                 

                          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

[[Page E681]]

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.

                          ____________________