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 certain vessels, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Port Access 

5 Privileges Act of 2023’’. 

6 SEC. 2. PORT PRIVILEGE REQUIREMENTS. 

7 (a) IN GENERAL.—Chapter 503 of title 46, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘§ 50309. Preferential berthing 

2 ‘‘(a) IN GENERAL.—A covered port authority shall 

3 provide preferential berthing for loading and unloading 

4 vessels that are— 

5 ‘‘(1) vessels of the United States or under con6 tract to the Federal Government, including— 

7 ‘‘(A) vessels with a coastwise endorsement 

8 under chapter 121; and 

9 ‘‘(B) vessels participating in the Maritime 

10 Security Program or the Emergency Prepared11 ness Program under chapter 531, the Cable Se12 curity Fleet under chapter 532, the Tanker Se13 curity Fleet under chapter 534, or the National 

14 Defense Reserve Fleet under section 57100; 

15 ‘‘(2) vessels calling at more than 1 port in the 

16 United States (including any territory or possession 

17 of the United States) before calling on a foreign 

18 port; and 

19 ‘‘(3) vessels that the ocean common carrier has 

20 certified in writing to the covered port authority or 

21 marine terminal operator in the United States (in22 cluding any territory or possession of the United 

23 States) has cargo bookings of U.S. exports that 

24 are— 


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1 ‘‘(A) estimated to weigh not less than 51 

2 percent of such vessel’s total carrying capacity 

3 by tonnage before calling on a foreign port; or 

4 ‘‘(B) equivalent to 51 percent of such ves5 sel’s total carrying capacity of 20-foot equiva6 lent units before calling on a foreign port. 

7 ‘‘(b) REQUIREMENT.—The owner, operator, or agent 

8 of a vessel to be provided preference pursuant to para9 graphs (2) and (3) of subsection (a) shall inform the re10 spective covered port authority or marine terminal oper11 ator, as applicable, in writing not less than 7 days before 

12 the date on which the vessel calls on the port expected 

13 to provide such preference. 

14 ‘‘(c) FILING CERTIFICATIONS.—Ocean common car15 riers shall file with the Federal Maritime Commission any 

16 certifications under subsection (a) to a covered port au17 thority or marine terminal operators not less frequently 

18 than each calendar year. 

19 ‘‘(d) AUTHORITY TO COLLECT DATA.— 

20 ‘‘(1) IN GENERAL.—Each covered port author21 ity or marine terminal operator, as applicable, shall 

22 submit to the Director of the Bureau of Transpor23 tation Statistics such data as the Director deter24 mines to be necessary for the implementation of this 


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1 subsection, subject to subchapter III of chapter 35 

2 of title 44. 

3 ‘‘(2) PUBLICATION.—Not less frequently than 

4 once each fiscal year, the Director shall publish sta5 tistics relating to the vessels provided preference 

6 pursuant to paragraphs (2) and (3) of subsection 

7 (a), including— 

8 ‘‘(A) the total number of vessels by reg9 istry, class, and type; and 

10 ‘‘(B) the average percentage of cargo book11 ings of U.S. exports reported (by the ocean 

12 common carrier) pursuant to paragraph (3) of 

13 subsection (a) identified by the— 

14 ‘‘(i) average percentage of all such 

15 vessels’ total carrying capacity by tonnage; 

16 and 

17 ‘‘(ii) the average percentage of all 

18 such vessels’ total carrying capacity of 20- 

19 foot equivalent units. 

20 ‘‘(e) RULES OF CONSTRUCTION.—Nothing in this 

21 section shall be construed to— 

22 ‘‘(1) preclude a port authority, marine terminal 

23 operator, or vessel from following a direction by the 

24 Coast Guard or from the Vessel Traffic Service 

25 maintained under subchapter I of chapter 700; or 


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1 ‘‘(2) require a port authority, marine terminal 

2 operator, or the operator of a vessel to take any ac3 tion prohibited or otherwise in conflict with a bona 

4 fide collective bargaining agreement in effect before 

5 the date of enactment of this section. 

6 ‘‘(f) DEFINITIONS.—In this section: 

7 ‘‘(1) COVERED PORT AUTHORITY.—The term 

8 ‘covered port authority’ means a port authority that 

9 receives funding after the date of enactment of this 

10 section under— 

11 ‘‘(A) the port infrastructure development 

12 program under section 54301(a); or 

13 ‘‘(B) the maritime transportation system 

14 emergency relief program under section 50308. 

15 ‘‘(2) MARINE TERMINAL OPERATOR.—The term 

16 ‘marine terminal operator’ has the meaning given 

17 such term in section 40102. 

18 ‘‘(3) OCEAN COMMON CARRIER.—The term 

19 ‘ocean common carrier’ has the meaning given such 

20 term in section 40102.’’. 

21 (b) DEFINING PREFERENTIAL BERTHING.—Not 

22 later than 90 days after the date of enactment of this Act, 

23 the Secretary of Transportation shall issue such regula24 tions as are necessary to carry out section 50309 of title 


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1 46, United States Code (as added by this Act), and define 

2 ‘‘preferential berthing’’ for the purposes of such section. 

3 (c) CLERICAL AMENDMENT.—The analysis for chap4 ter 503 of title 46, United States Code, is amended by 

5 adding at the end the following: 

‘‘50309. Preferential berthing.’’. 

6 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

7 (a) CHAPTER ANALYSIS.—The analysis for chapter 

8 503 of title 46, United States Code, is amended in the 

9 item relating to section 50308 by striking ‘‘Port develop10 ment; maritime transportation system emergency relief 

11 program’’ and inserting ‘‘Maritime transportation system 

12 emergency relief program’’. 

13 (b) VESSEL OPERATIONS REVOLVING FUND.—Sec14 tion 50301(b) of title 46, United States Code, is amended 

15 by striking ‘‘(50 App. U.S.C. 1291(a), (c), 1293(c), 

16 1294)’’ and inserting ‘‘(50 U.S.C. 4701(a), (c), 4703(c), 

17 4704)’’. 

18 (c) MARITIME TRANSPORTATION SYSTEM EMER19 GENCY RELIEF PROGRAM.—Section 50308(a)(2)(B) of 

20 title 46, United States Code, is amended— 

21 (1) in subsection (a)(2)(B) by striking ‘‘Federal 

22 Emergency Management Administration’’ and in23 serting ‘‘Federal Emergency Management Agency’’; 

24 and 


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1 (2) in subsection (j)(4)(C) by striking ‘‘Federal 

2 Emergency Management Administration’’ and in3 serting ‘‘Federal Emergency Management Agency’’. 

4 (d) MERCHANT MARINE.—The analysis for subtitle 

5 V of title 46, United States Code, is amended in the item 

6 relating to chapter 556 by striking ‘‘SHORT SEA 

7 TRANSPORTATION’’ and inserting ‘‘MARINE 

8 HIGHWAYS’’. 

9 (e) PROHIBITION ON ENTRY AND OPERATION.—Sec10 tion 70022(b)(1) of title 46, United States Code, is 

11 amended by striking ‘‘Federal Register’’ and inserting 

12 ‘‘the Federal Register’’. 

13 (f) DEFINITIONS.—Section 70101(2) of title 46, 

14 United States Code, is amended by striking ‘‘section 227 

15 of the Homeland Security Act of 2002 (6 U.S.C. 148)’’ 

16 and inserting ‘‘section 659(a) of title 6’’. 

17 (g) PORT, HARBOR, AND COASTAL FACILITY SECU18 RITY.—Section 70116(b) of title 46, United States Code, 

19 is amended— 

20 (1) in paragraph (1) by striking ‘‘terrorism 

21 cyber’’ and inserting ‘‘terrorism, cyber’’; and 

22 (2) in paragraph (2) by inserting a comma 

23 after ‘‘acts of terrorism’’. 


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1 (h) ENFORCEMENT BY STATE AND LOCAL OFFI2 CERS.—Section 70118(a) of title 46, United States Code, 

3 is amended— 

4 (1) by striking ‘‘section 1 of title II of the Act 

5 of June 15, 1917 (chapter 30; 50 U.S.C. 191)’’ and 

6 inserting ‘‘section 70051’’; and 

7 (2) by striking ‘‘section 7(b) of the Ports and 

8 Waterways Safety Act (33 U.S.C. 1226(b))’’ and in9 serting ‘‘section 70116(b)’’. 

10 (i) CHAPTER 701 DEFINITIONS.—Section 70131(2) 

11 of title 46, United States Code, is amended— 

12 (1) by striking ‘‘section 1 of title II of the Act 

13 of June 15, 1917 (50 U.S.C. 191)’’ and inserting 

14 ‘‘section 70051’’; and 

15 (2) by striking ‘‘section 7(b) of the Ports and 

16 Waterways Safety Act (33 U.S.C. 1226(b))’’ and in17 serting ‘‘section 70116(b)’’. 

Æ 


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