[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8243 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8243
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
June 28, 2022
Mr. Garamendi (for himself 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.
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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