Garamendi Reintroduces Bill to Support Port of Oakland and California Exporters

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On Feb 15, U.S. Representative John Garamendi (D-CA08) reintroduced the "American Port Access Privileges Act" (H.R.1013), with Representatives Jim Costa (D-CA21), Jimmy Panetta (D-CA19), and Mike Thompson (D-CA04). This legislation puts U.S. exporters at the front of the line at our ports, supporting the American economy and reducing our longstanding trade deficit.

"Foreign exporters' access to the American market and our consumers is a privilege, not a right. Cargo ships looking to offload foreign-made products must provide opportunities for American exports in return by serving ports like Oakland. Our legislation would put American exports at the front of the line at our ports to support American businesses and workers. Congress must restore fairness at our ports for American exporters to help reduce the United States' longstanding trade imbalance with countries like China," said Garamendi.

“We appreciate Congressman Garamendi’s work with other members of California’s Congressional delegation in support of the Port of Oakland, particularly his commitment to increasing vessel calls in Oakland that can deliver goods to key overseas markets for our export community. As we continue to improve our port operations with the assistance of our local, state and federal partners, the Port of Oakland remains the economic gateway for the East Bay and California’s agricultural exporters,” said Port of Oakland Executive Director Danny Wan.

In June 2022, President Biden signed Garamendi's Ocean Shipping Reform Act of 2022 (Public Law 117-146) into law, marking the first major overhaul of federal regulations for the ocean shipping industry since 1998. The "American Port Access Privileges Act" (H.R.1013) would ensure fair trade for U.S. businesses and keep hard-won foreign markets accessible to California's exporters by:

  1. Codifying the current preferences for military, Jones Act, and other US-flagged vessels in place at many major American ports.
  2. Establishing 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.
  3. Ensuring that the new preferential berthing 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.
  4. Requiring that export-carrying vessels seeking preferential berthing report cargo bookings at least 7 days in advance to port operators.
  5. Authorizing 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 the bill.

The "American Port Access Privileges Act" (H.R.1013) is endorsed by the Agriculture Transportation Coalition (AgTC), National Milk Producers Federation, US Dairy Export Council, International Fresh Produce Association, and the California Farm Bureau Federation.

Congressman Garamendi is 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.

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