H.R. 7900: Protecting Access to American Products Act

This bill, known as the Protecting Access to American Products Act, aims to modify existing regulations regarding the transportation of goods by water in the United States. It primarily introduces a process for temporarily waiving certain requirements that govern the use of vessels for transporting goods when specific circumstances arise.

Key Provisions

1. Waiver of Coastwise Endorsement Requirements

The bill amends Section 12112 of Title 46 of the United States Code, and it allows the head of an agency to temporarily waive coastwise endorsement requirements if:

• The requester can show that there is no available vessel that meets the necessary requirements for transporting a specific good.
• The requester has made a genuine effort to find such a vessel.

2. Duration of Waivers

Any waiver granted under this new provision will:

• Be limited in duration, expiring at a specified date that is at least 30 days after being issued.
• Be eligible for extensions if the circumstances warrant, with each extension lasting at least 15 days.

3. Agency Response Timeline

The head of an agency must act on waiver requests within a specific timeframe:

• Grant or deny the request within 60 days.
• If denied, provide a report explaining the denial within 14 days.
• If no action is taken by the agency within the 60 days, the request is automatically deemed granted for a 30-day period.

4. Notice to Congress

When a waiver request is made or granted, the head of the agency must notify Congress within 48 hours:

• Of the request for a waiver.
• Of the issuance of the waiver, along with a detailed explanation of why the waiver was necessary.

5. Definitions

For the purposes of the bill:

• Product carrier: A vessel specifically designed to carry bulk goods.
• Head of an agency: Refers to the individual in charge of enforcing navigation or vessel inspection laws.

Overall Impact

The bill seeks to ensure that logistical issues regarding the transport of American products can be promptly addressed by providing a mechanism to bypass regulatory hurdles in situations where suitable vessels are not available. This is intended to maintain the flow of goods and respond to scarcity or unavailability of product carriers in the market.

Relevant Companies

• UPS (United Parcel Service) - A major logistics and package delivery service that may need to adapt its operations to remain competitive if waivers are granted frequently, affecting its shipping routes and carrier availability.
• FLEX (Flex Ltd.) - A global supply chain company that could be impacted by how quickly goods can be transported, especially if relying on maritime shipping.
• FDX (FedEx Corporation) - Similar to UPS, FedEx may face challenges related to shipping efficiency and availability if waivers disrupt regular shipping protocols.