American Port Access Privileges Act of 2022

“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.”