[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1013 Introduced in House (IH)]
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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.
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 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 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, 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.''.
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 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)''.
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