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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Port Access 
Privileges Act of 2023’’. 
SEC. 2. PORT PRIVILEGE REQUIREMENTS. 
(a) IN GENERAL.—Chapter 503 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 50309. Preferential berthing 
‘‘(a) IN GENERAL.—A covered port authority shall 
provide preferential berthing for loading and unloading 
vessels that are— 
‘‘(1) vessels of the United States or under con-
tract to the Federal Government, including— 
‘‘(A) vessels with a coastwise endorsement 
under chapter 121; and 
‘‘(B) vessels participating in the Maritime 
Security Program or the Emergency Prepared-
ness Program under chapter 531, the Cable Se-
curity Fleet under chapter 532, the Tanker Se-
curity Fleet under chapter 534, or the National 
Defense Reserve Fleet under section 57100; 
‘‘(2) vessels calling at more than 1 port in the 
United States (including any territory or possession 
of the United States) before calling on a foreign 
port; and 
‘‘(3) vessels that the ocean common carrier has 
certified in writing to the covered port authority or 
marine terminal operator in the United States (in-
cluding any territory or possession of the United 
States) has cargo bookings of U.S. exports that 
are— 
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‘‘(A) estimated to weigh not less than 51 
percent of such vessel’s total carrying capacity 
by tonnage before calling on a foreign port; or 
‘‘(B) equivalent to 51 percent of such ves-
sel’s total carrying capacity of 20-foot equiva-
lent units before calling on a foreign port. 
‘‘(b) REQUIREMENT.—The owner, operator, or agent 
of a vessel to be provided preference pursuant to para-
graphs (2) and (3) of subsection (a) shall inform the re-
spective covered port authority or marine terminal oper-
ator, as applicable, in writing not less than 7 days before 
the date on which the vessel calls on the port expected 
to provide such preference. 
‘‘(c) FILING CERTIFICATIONS.—Ocean common car-
riers shall file with the Federal Maritime Commission any 
certifications under subsection (a) to a covered port au-
thority or marine terminal operators not less frequently 
than each calendar year. 
‘‘(d) AUTHORITY TO COLLECT DATA.— 
‘‘(1) IN GENERAL.—Each covered port author-
ity or marine terminal operator, as applicable, shall 
submit to the Director of the Bureau of Transpor-
tation Statistics such data as the Director deter-
mines to be necessary for the implementation of this 
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subsection, subject to subchapter III of chapter 35 
of title 44. 
‘‘(2) PUBLICATION.—Not less frequently than 
once each fiscal year, the Director shall publish sta-
tistics relating to the vessels provided preference 
pursuant to paragraphs (2) and (3) of subsection 
(a), including— 
‘‘(A) the total number of vessels by reg-
istry, class, and type; and 
‘‘(B) the average percentage of cargo book-
ings of U.S. exports reported (by the ocean 
common carrier) pursuant to paragraph (3) of 
subsection (a) identified by the— 
‘‘(i) average percentage of all such 
vessels’ total carrying capacity by tonnage; 
and 
‘‘(ii) the average percentage of all 
such vessels’ total carrying capacity of 20- 
foot equivalent units. 
‘‘(e) RULES OF CONSTRUCTION.—Nothing in this 
section shall be construed to— 
‘‘(1) preclude a port authority, marine terminal 
operator, or vessel from following a direction by the 
Coast Guard or from the Vessel Traffic Service 
maintained under subchapter I of chapter 700; or 
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‘‘(2) require a port authority, marine terminal 
operator, or the operator of a vessel to take any ac-
tion prohibited or otherwise in conflict with a bona 
fide collective bargaining agreement in effect before 
the date of enactment of this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) COVERED
PORT
AUTHORITY.—The term 
‘covered port authority’ means a port authority that 
receives funding after the date of enactment of this 
section under— 
‘‘(A) the port infrastructure development 
program under section 54301(a); or 
‘‘(B) the maritime transportation system 
emergency relief program under section 50308. 
‘‘(2) MARINE TERMINAL OPERATOR.—The term 
‘marine terminal operator’ has the meaning given 
such term in section 40102. 
‘‘(3) OCEAN
COMMON
CARRIER.—The term 
‘ocean common carrier’ has the meaning given such 
term in section 40102.’’. 
(b) DEFINING
PREFERENTIAL
BERTHING.—Not 
later than 90 days after the date of enactment of this Act, 
the Secretary of Transportation shall issue such regula-
tions as are necessary to carry out section 50309 of title 
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46, United States Code (as added by this Act), and define 
‘‘preferential berthing’’ for the purposes of such section. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 503 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘50309. Preferential berthing.’’. 
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) CHAPTER ANALYSIS.—The analysis for chapter 
503 of title 46, United States Code, is amended in the 
item relating to section 50308 by striking ‘‘Port develop-
ment; maritime transportation system emergency relief 
program’’ and inserting ‘‘Maritime transportation system 
emergency relief program’’. 
(b) VESSEL OPERATIONS REVOLVING FUND.—Sec-
tion 50301(b) of title 46, United States Code, is amended 
by striking ‘‘(50 App. U.S.C. 1291(a), (c), 1293(c), 
1294)’’ and inserting ‘‘(50 U.S.C. 4701(a), (c), 4703(c), 
4704)’’. 
(c) MARITIME TRANSPORTATION SYSTEM EMER-
GENCY RELIEF PROGRAM.—Section 50308(a)(2)(B) of 
title 46, United States Code, is amended— 
(1) in subsection (a)(2)(B) by striking ‘‘Federal 
Emergency Management Administration’’ and in-
serting ‘‘Federal Emergency Management Agency’’; 
and 
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(2) in subsection (j)(4)(C) by striking ‘‘Federal 
Emergency Management Administration’’ and in-
serting ‘‘Federal Emergency Management Agency’’. 
(d) MERCHANT MARINE.—The analysis for subtitle 
V of title 46, United States Code, is amended in the item 
relating to chapter 556 by striking ‘‘SHORT SEA 
TRANSPORTATION’’ and inserting ‘‘MARINE 
HIGHWAYS’’. 
(e) PROHIBITION ON ENTRY AND OPERATION.—Sec-
tion 70022(b)(1) of title 46, United States Code, is 
amended by striking ‘‘Federal Register’’ and inserting 
‘‘the Federal Register’’. 
(f) DEFINITIONS.—Section 70101(2) of title 46, 
United States Code, is amended by striking ‘‘section 227 
of the Homeland Security Act of 2002 (6 U.S.C. 148)’’ 
and inserting ‘‘section 659(a) of title 6’’. 
(g) PORT, HARBOR, AND COASTAL FACILITY SECU-
RITY.—Section 70116(b) of title 46, United States Code, 
is amended— 
(1) in paragraph (1) by striking ‘‘terrorism 
cyber’’ and inserting ‘‘terrorism, cyber’’; and 
(2) in paragraph (2) by inserting a comma 
after ‘‘acts of terrorism’’. 
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(h) ENFORCEMENT BY STATE AND LOCAL OFFI-
CERS.—Section 70118(a) of title 46, United States Code, 
is amended— 
(1) by striking ‘‘section 1 of title II of the Act 
of June 15, 1917 (chapter 30; 50 U.S.C. 191)’’ and 
inserting ‘‘section 70051’’; and 
(2) by striking ‘‘section 7(b) of the Ports and 
Waterways Safety Act (33 U.S.C. 1226(b))’’ and in-
serting ‘‘section 70116(b)’’. 
(i) CHAPTER 701 DEFINITIONS.—Section 70131(2) 
of title 46, United States Code, is amended— 
(1) by striking ‘‘section 1 of title II of the Act 
of June 15, 1917 (50 U.S.C. 191)’’ and inserting 
‘‘section 70051’’; and 
(2) by striking ‘‘section 7(b) of the Ports and 
Waterways Safety Act (33 U.S.C. 1226(b))’’ and in-
serting ‘‘section 70116(b)’’. 
Æ 
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