American Port Access Privileges Act of 2022
Bill: H.R.8243 | Sponsor: Rep. Garamendi, John (D-CA)
Policy area: Transportation and Public Works

Summary:
American Port Access Privileges Act of 2022
This bill requires port authorities that receive funding under the Port Infrastructure Development Program or Maritime Transportation System Emergency Relief Program to provide preferential berthing for loading and unloading certain vessels, including U.S. flagged vessels and those under contract to the federal government.
The Bureau of Transportation Statistics may collect data on berthing and cargo practices at U.S. ports.

To amend title 46, United States Code, to require certain port 
 authorities to provide preferential berthing to certain vessels, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives 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 2022''.

SEC. 2. PORT PRIVILEGE REQUIREMENTS.

    (a) In General.--Chapter 503 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 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 contract 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 Preparedness Program 
                under chapter 531, the Cable Security Fleet under 
                chapter 532, or the Tanker Security Fleet under chapter 
                534;
            ``(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 (including any territory or 
        possession of the United States) has cargo bookings of U.S. 
        exports that are--
                    ``(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 vessel's 
                total carrying capacity of 20-foot equivalent units 
                before calling on a foreign port.
    ``(b) Requirement.--The owner, operator, or agent of a vessel to be 
provided preference pursuant to paragraphs (2) and (3) of subsection 
(a) shall inform the respective covered port authority or marine 
terminal operator, 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) Authority To Collect Data.--
            ``(1) In general.--Each covered port authority or marine 
        terminal operator, as applicable, shall submit to the Director 
        of the Bureau of Transportation Statistics such data as the 
        Director determines to be necessary for the implementation of 
        this 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 statistics relating to 
        the vessels provided preference pursuant to paragraphs (2) and 
        (3) of subsection (a), including--
                    ``(A) the total number of vessels by registry, 
                class, and type; and
                    ``(B) the average percentage of cargo bookings 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.
    ``(d) 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
            ``(2) require a port authority, marine terminal operator, 
        or the operator of a vessel to take any action prohibited or 
        otherwise in conflict with a bona fide collective bargaining 
        agreement in effect before the date of enactment of this 
        section.
    ``(e) 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 regulations as are necessary to carry out section 
50309 of title 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 chapter 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) Assessment of Penalties.--Section 41109(c) of title 46, United 
States Code, is amended by striking ``section 41104(1) or (2)'' and 
inserting ``paragraph (1) or (2) of section 41104(a)''.
    (b) National Shipper Advisory Committee.--Section 42502(c)(3) of 
title 46, United States Code, is amended by striking ``Representation'' 
and all that follows through ``Members'' and inserting 
``Representation.--Members''.
    (c) Federal Maritime Commission.--The analysis for chapter 461 of 
title 46, United States Code, is amended by striking the first item 
relating to chapter 461.
    (d) 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 development; maritime transportation system emergency 
relief program'' and inserting ``Maritime transportation system 
emergency relief program''.
    (e) Vessel Operations Revolving Fund.--Section 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)''.
    (f) Maritime Transportation System Emergency Relief Program.--
Section 50308(a)(2)(B) of title 46, United States Code, is amended by 
striking ``Federal Emergency Management Administration'' and inserting 
``Federal Emergency Management Agency''.
    (g) Ports and Waterways Safety.--The analysis for chapter 700 of 
title 46, United States Code, is amended--
            (1) by striking the item relating to section 70006 and 
        inserting the following:

``70006. Establishment by Secretary of the department in which the 
                            Coast Guard is operating of anchorage 
                            grounds and regulations generally.'';
        and
            (2) by striking the item relating to subchapter IV and 
        inserting the following:

 ``subchapter iv--definitions, regulations, enforcement, investigatory 
                        powers, applicability''.

    (h) Prohibition on Entry and Operation.--Section 70022(b)(1) of 
title 46, United States Code, is amended by striking ``Federal 
Register'' and inserting ``the Federal Register''.
    (i) Port, Harbor, and Coastal Facility Security.--Section 
70116(b)(2) of title 46, United States Code, is amended by inserting a 
comma after ``acts of terrorism''.
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