What This Bill Does
This bill requires certain port authorities to give priority docking space (called "preferential berthing") to specific types of ships. The ships that get priority include U.S. vessels, ships under contract with the federal government, and ships carrying mostly American exports before heading to foreign ports. (Sec. 2)
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Who It Affects
Port authorities that receive federal funding for port infrastructure or emergency relief programs
Ship owners and operators
Ocean shipping companies
The Bureau of Transportation Statistics (a federal agency that collects data)
The Secretary of Transportation
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Key Provisions
* Port authorities must provide priority docking to U.S. vessels and ships under federal contract, including those in the Maritime Security Program and Emergency Preparedness Program. (Sec. 2, § 50309(a)(1))
* Port authorities must give priority docking to ships that call at more than one U.S. port before calling at a foreign port. (Sec. 2, § 50309(a)(2))
* Port authorities must give priority docking to ships carrying at least 51 percent American export cargo by weight (or by container units) before heading to foreign ports. (Sec. 2, § 50309(a)(3))
* Ship operators must inform port authorities in writing at least 7 days before arrival if they want priority docking. (Sec. 2, § 50309(b))
* Shipping companies must file cargo certification documents with the Federal Maritime Commission at least once per year. (Sec. 2, § 50309(c))
* The Secretary of Transportation must write detailed rules defining "preferential berthing" within 90 days. (Sec. 2(b))
* Port authorities must submit data to the Bureau of Transportation Statistics about priority-docked vessels. (Sec. 2, § 50309(d)(1))
* The Director of the Bureau of Transportation Statistics must publish annual statistics about priority-docked vessels. (Sec. 2, § 50309(d)(2))
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What Changes
Port authorities that receive federal funding must now provide priority docking to qualifying American vessels and ships carrying American exports. Coast Guard directions still override priority docking rules. Existing labor contracts cannot be changed by this law. Port authorities must collect and report data on which ships receive priority docking.
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Important Definitions
* **Covered Port Authority**: A port authority that receives federal money for port infrastructure development or maritime emergency relief. (Sec. 2, § 50309(f)(1))
* **Marine Terminal Operator**: Not defined in this bill text; the bill refers to another section of maritime law. (Sec. 2, § 50309(f)(2))
* **Ocean Common Carrier**: Not defined in this bill text; the bill refers to another section of maritime law. (Sec. 2, § 50309(f)(3))
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1013
To amend title 46, United States Code, to require certain port authorities
to provide preferential berthing to certain vessels, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2023
Mr. GARAMENDI (for himself, Mr. PANETTA, and Mr. COSTA) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To amend title 46, United States Code, to require certain
port authorities to provide preferential berthing to cer-
tain vessels, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘American Port Access
4
Privileges Act of 2023’’.
5
SEC. 2. PORT PRIVILEGE REQUIREMENTS.
6
(a) IN GENERAL.—Chapter 503 of title 46, United
7
States Code, is amended by adding at the end the fol-
8
lowing:
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‘‘§ 50309. Preferential berthing
1
‘‘(a) IN GENERAL.—A covered port authority shall
2
provide preferential berthing for loading and unloading
3
vessels that are—
4
‘‘(1) vessels of the United States or under con-
5
tract to the Federal Government, including—
6
‘‘(A) vessels with a coastwise endorsement
7
under chapter 121; and
8
‘‘(B) vessels participating in the Maritime
9
Security Program or the Emergency Prepared-
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ness Program under chapter 531, the Cable Se-
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curity Fleet under chapter 532, the Tanker Se-
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curity Fleet under chapter 534, or the National
13
Defense Reserve Fleet under section 57100;
14
‘‘(2) vessels calling at more than 1 port in the
15
United States (including any territory or possession
16
of the United States) before calling on a foreign
17
port; and
18
‘‘(3) vessels that the ocean common carrier has
19
certified in writing to the covered port authority or
20
marine terminal operator in the United States (in-
21
cluding any territory or possession of the United
22
States) has cargo bookings of U.S. exports that
23
are—
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‘‘(A) estimated to weigh not less than 51
1
percent of such vessel’s total carrying capacity
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by tonnage before calling on a foreign port; or
3
‘‘(B) equivalent to 51 percent of such ves-
4
sel’s total carrying capacity of 20-foot equiva-
5
lent units before calling on a foreign port.
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‘‘(b) REQUIREMENT.—The owner, operator, or agent
7
of a vessel to be provided preference pursuant to para-
8
graphs (2) and (3) of subsection (a) shall inform the re-
9
spective covered port authority or marine terminal oper-
10
ator, as applicable, in writing not less than 7 days before
11
the date on which the vessel calls on the port expected
12
to provide such preference.
13
‘‘(c) FILING CERTIFICATIONS.—Ocean common car-
14
riers shall file with the Federal Maritime Commission any
15
certifications under subsection (a) to a covered port au-
16
thority or marine terminal operators not less frequently
17
than each calendar year.
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‘‘(d) AUTHORITY TO COLLECT DATA.—
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‘‘(1) IN GENERAL.—Each covered port author-
20
ity or marine terminal operator, as applicable, shall
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submit to the Director of the Bureau of Transpor-
22
tation Statistics such data as the Director deter-
23
mines to be necessary for the implementation of this
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subsection, subject to subchapter III of chapter 35
1
of title 44.
2
‘‘(2) PUBLICATION.—Not less frequently than
3
once each fiscal year, the Director shall publish sta-
4
tistics relating to the vessels provided preference
5
pursuant to paragraphs (2) and (3) of subsection
6
(a), including—
7
‘‘(A) the total number of vessels by reg-
8
istry, class, and type; and
9
‘‘(B) the average percentage of cargo book-
10
ings of U.S. exports reported (by the ocean
11
common carrier) pursuant to paragraph (3) of
12
subsection (a) identified by the—
13
‘‘(i) average percentage of all such
14
vessels’ total carrying capacity by tonnage;
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and
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‘‘(ii) the average percentage of all
17
such vessels’ total carrying capacity of 20-
18
foot equivalent units.
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‘‘(e) RULES OF CONSTRUCTION.—Nothing in this
20
section shall be construed to—
21
‘‘(1) preclude a port authority, marine terminal
22
operator, or vessel from following a direction by the
23
Coast Guard or from the Vessel Traffic Service
24
maintained under subchapter I of chapter 700; or
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‘‘(2) require a port authority, marine terminal
1
operator, or the operator of a vessel to take any ac-
2
tion prohibited or otherwise in conflict with a bona
3
fide collective bargaining agreement in effect before
4
the date of enactment of this section.
5
‘‘(f) DEFINITIONS.—In this section:
6
‘‘(1) COVERED
PORT
AUTHORITY.—The term
7
‘covered port authority’ means a port authority that
8
receives funding after the date of enactment of this
9
section under—
10
‘‘(A) the port infrastructure development
11
program under section 54301(a); or
12
‘‘(B) the maritime transportation system
13
emergency relief program under section 50308.
14
‘‘(2) MARINE TERMINAL OPERATOR.—The term
15
‘marine terminal operator’ has the meaning given
16
such term in section 40102.
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‘‘(3) OCEAN
COMMON
CARRIER.—The term
18
‘ocean common carrier’ has the meaning given such
19
term in section 40102.’’.
20
(b) DEFINING
PREFERENTIAL
BERTHING.—Not
21
later than 90 days after the date of enactment of this Act,
22
the Secretary of Transportation shall issue such regula-
23
tions as are necessary to carry out section 50309 of title
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•HR 1013 IH
46, United States Code (as added by this Act), and define
1
‘‘preferential berthing’’ for the purposes of such section.
2
(c) CLERICAL AMENDMENT.—The analysis for chap-
3
ter 503 of title 46, United States Code, is amended by
4
adding at the end the following:
5
‘‘50309. Preferential berthing.’’.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
6
(a) CHAPTER ANALYSIS.—The analysis for chapter
7
503 of title 46, United States Code, is amended in the
8
item relating to section 50308 by striking ‘‘Port develop-
9
ment; maritime transportation system emergency relief
10
program’’ and inserting ‘‘Maritime transportation system
11
emergency relief program’’.
12
(b) VESSEL OPERATIONS REVOLVING FUND.—Sec-
13
tion 50301(b) of title 46, United States Code, is amended
14
by striking ‘‘(50 App. U.S.C. 1291(a), (c), 1293(c),
15
1294)’’ and inserting ‘‘(50 U.S.C. 4701(a), (c), 4703(c),
16
4704)’’.
17
(c) MARITIME TRANSPORTATION SYSTEM EMER-
18
GENCY RELIEF PROGRAM.—Section 50308(a)(2)(B) of
19
title 46, United States Code, is amended—
20
(1) in subsection (a)(2)(B) by striking ‘‘Federal
21
Emergency Management Administration’’ and in-
22
serting ‘‘Federal Emergency Management Agency’’;
23
and
24
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(2) in subsection (j)(4)(C) by striking ‘‘Federal
1
Emergency Management Administration’’ and in-
2
serting ‘‘Federal Emergency Management Agency’’.
3
(d) MERCHANT MARINE.—The analysis for subtitle
4
V of title 46, United States Code, is amended in the item
5
relating to chapter 556 by striking ‘‘SHORT SEA
6
TRANSPORTATION’’ and inserting ‘‘MARINE
7
HIGHWAYS’’.
8
(e) PROHIBITION ON ENTRY AND OPERATION.—Sec-
9
tion 70022(b)(1) of title 46, United States Code, is
10
amended by striking ‘‘Federal Register’’ and inserting
11
‘‘the Federal Register’’.
12
(f) DEFINITIONS.—Section 70101(2) of title 46,
13
United States Code, is amended by striking ‘‘section 227
14
of the Homeland Security Act of 2002 (6 U.S.C. 148)’’
15
and inserting ‘‘section 659(a) of title 6’’.
16
(g) PORT, HARBOR, AND COASTAL FACILITY SECU-
17
RITY.—Section 70116(b) of title 46, United States Code,
18
is amended—
19
(1) in paragraph (1) by striking ‘‘terrorism
20
cyber’’ and inserting ‘‘terrorism, cyber’’; and
21
(2) in paragraph (2) by inserting a comma
22
after ‘‘acts of terrorism’’.
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(h) ENFORCEMENT BY STATE AND LOCAL OFFI-
1
CERS.—Section 70118(a) of title 46, United States Code,
2
is amended—
3
(1) by striking ‘‘section 1 of title II of the Act
4
of June 15, 1917 (chapter 30; 50 U.S.C. 191)’’ and
5
inserting ‘‘section 70051’’; and
6
(2) by striking ‘‘section 7(b) of the Ports and
7
Waterways Safety Act (33 U.S.C. 1226(b))’’ and in-
8
serting ‘‘section 70116(b)’’.
9
(i) CHAPTER 701 DEFINITIONS.—Section 70131(2)
10
of title 46, United States Code, is amended—
11
(1) by striking ‘‘section 1 of title II of the Act
12
of June 15, 1917 (50 U.S.C. 191)’’ and inserting
13
‘‘section 70051’’; and
14
(2) by striking ‘‘section 7(b) of the Ports and
15
Waterways Safety Act (33 U.S.C. 1226(b))’’ and in-
16
serting ‘‘section 70116(b)’’.
17
Æ
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