[Congressional Record Volume 169, Number 30 (Tuesday, February 14, 2023)]
[Extensions of Remarks]
[Page E121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   REINTRODUCTION OF THE AMERICAN PORT ACCESS PRIVILEGES ACT OF 2023

                                 ______
                                 

                          HON. JOHN GARAMENDI

                             of california

                    in the house of representatives

                       Tuesday, February 14, 2023

  Mr. GARAMENDI. Mr. Speaker, today I reintroduce the ``American Port 
Access Privileges Act,'' with Congressmen Jimmy Panetta (D-CA19) and 
Jim Costa (D-CA21). Foreign-flagged vessels' access to the American 
market and its consumers is a privilege, not a right. 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 US-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. 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.
  Mr. 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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