I 118th CONGRESS 1st Session H. R. 1013 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. Short title This Act may be cited as the American Port Access Privileges Act of 2023 . 2. Port privilege requirements (a) In general Chapter 503 of title 46, United States Code, is amended by adding at the end the following: 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, the Tanker Security 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 (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) Filing certifications Ocean common carriers shall file with the Federal Maritime Commission any certifications under subsection (a) to a covered port authority or marine terminal operators not less frequently than each calendar year. (d) 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. (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 (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. (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 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. . 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 development; maritime transportation system emergency relief program and inserting Maritime transportation system emergency relief program . (b) 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) . (c) Maritime transportation system emergency 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 inserting Federal Emergency Management Agency ; and (2) in subsection (j)(4)(C) by striking Federal Emergency Management Administration and inserting 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 Section 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 security 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 . (h) Enforcement by State and local officers 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 inserting 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 inserting section 70116(b) .