,i #aagth ,,congress #b;d ,session ,h4 ,r4 #hbdc ,,in ,,the ,,house ,,of ,,representatives ,june #bh1 #bjbb,mr4 ,garamendi 7for himself and ,mr4 ,costa7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #df1 ,united ,states ,code1 to require certain port authorities to provide preferential berthing to certain vessels1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,port ,access ,privileges ,act of #bjbb4 #b4 ,port privilege requirements 7a7 ,in general ,chapter #ejc of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #ejcji4 ,preferential berthing 7a7 ,in general ,a covered port authority shall provide preferential berthing for loading and unloading vessels that are-- 7#a7 vessels of the ,united ,states or under contract to the ,federal ,government1 including-- 7,a7 vessels with a coastwise endorsement under chapter #aba2 and 7,b7 vessels participating in the ,maritime ,security ,program or the ,emergency ,preparedness ,program under chapter #eca1 the ,cable ,security ,fleet under chapter #ecb1 or the ,tanker ,security ,fleet under chapter #ecd2 7#b7 vessels calling at more than #a port in the ,united ,states 7including any territory or possession of the ,united ,states7 before calling on a foreign port2 and 7#c7 vessels that the ocean common carrier has certified in writing to the covered port authority or marine terminal operator in the ,united ,states 7including any territory or possession of the ,united ,states7 has cargo bookings of ,u4,s4 exports that are-- 7,a7 estimated to weigh not less than #ea percent of such vessel's total carrying capacity by tonnage before calling on a foreign port2 or 7,b7 equivalent to #ea percent of such vessel's total carrying capacity of #bj-;foot equivalent units before calling on a foreign port4 7b7 ,requirement ,the owner1 operator1 or agent of a vessel to be provided preference pursuant to paragraphs 7#b7 and 7#c7 of subsection 7a7 shall inform the respective covered port authority or marine terminal operator1 as applicable1 in writing not less than #g days before the date on which the vessel calls on the port expected to provide such preference4 7c7 ,authority ,to collect data 7#a7 ,in general ,each covered port authority or marine terminal operator1 as applicable1 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 subsection1 subject to subchapter ,,iii of chapter #ce of title #dd4 7#b7 ,publication ,not less frequently than once each fiscal year1 the ,director shall publish statistics relating to the vessels provided preference pursuant to paragraphs 7#b7 and 7#c7 of subsection 7a71 including-- 7,a7 the total number of vessels by registry1 class1 and type2 and 7,b7 the average percentage of cargo bookings of ,u4,s4 exports reported 7by the ocean common carrier7 pursuant to paragraph 7#c7 of subsection 7a7 identified by the-- 7i7 average percentage of all such vessels' total carrying capacity by tonnage2 and 7ii7 the average percentage of all such vessels' total carrying capacity of #bj-;foot equivalent units4 7d7 ,rules of construction ,nothing in this section shall be construed to-- 7#a7 preclude a port authority1 marine terminal operator1 or vessel from following a direction by the ,coast ,guard or from the ,vessel ,traffic ,service maintained under subchapter ,i of chapter #gjj2 or 7#b7 require a port authority1 marine terminal operator1 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 section4 7e7 ,definitions ,in this section3 7#a7 ,covered port authority ,the term covered port authority means a port authority that receives funding after the date of enactment of this section under-- 7,a7 the port infrastructure development program under section #edcja7;a72 or 7,b7 the maritime transportation system emergency relief program under section #ejcjh4 7#b7 ,marine terminal operator ,the term marine terminal operator has the meaning given such term in section #djajb4 7#c7 ,ocean common carrier ,the term ocean common carrier has the meaning given such term in section #djajb4 4 7b7 ,defining preferential berthing ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to carry out section #ejcji of title #df1 ,united ,states ,code 7as added by this ,act71 and define preferential berthing for the purposes of such section4 7c7 ,clerical amendment ,the analysis for chapter #ejc of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #ejcji4 ,preferential berthing4 4 #c4 ,technical and conforming amendments 7a7 ,assessment of penalties ,section #daaji7;c7 of title #df1 ,united ,states ,code1 is amended by striking section #daajd7a7 or 7#b7 and inserting paragraph 7#a7 or 7#b7 of section #daajd7;a74 7b7 ,national shipper advisory committee ,section #dbejb7;c77#c7 of title #df1 ,united ,states ,code1 is amended by striking ,representation and all that follows through ,members and inserting ,representation4--,members4 7c7 ,federal maritime commission ,the analysis for chapter #dfa of title #df1 ,united ,states ,code1 is amended by striking the first item relating to chapter #dfa4 7d7 ,chapter analysis ,the analysis for chapter #ejc of title #df1 ,united ,states ,code1 is amended in the item relating to section #ejcjh by striking ,port development2 maritime transportation system emergency relief program and inserting ,maritime transportation system emergency relief program4 7e7 ,vessel operations revolving fund ,section #ejcja7;b7 of title #df1 ,united ,states ,code1 is amended by striking 7#ej ,app4 ,u4,s4,c4 #abia7;a71 7c71 #abic7;c71 #abid7 and inserting 7#ej ,u4,s4,c4 #dgja7;a71 7c71 #dgjc7;c71 #dgjd74 7f7 ,maritime transportation system emergency relief program ,section #ejcjh7;a77#b77;,b7 of title #df1 ,united ,states ,code1 is amended by striking ,federal ,emergency ,management ,administration and inserting ,federal ,emergency ,management ,agency4 7g7 ,ports and waterways safety ,the analysis for chapter #gjj of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #gjjjf and inserting the following3 #gjjjf4 ,establishment by ,secretary of the department in which the ,coast ,guard is operating of anchorage grounds and regulations generally4 2 and 7#b7 by striking the item relating to subchapter ,,iv and inserting the following3 ,,subchapter ,,iv--,,definitions1 ,,regulations1 ,,enforcement1 ,,investigatory ,,powers1 ,,applicability 4 7h7 ,prohibition on entry and operation ,section #gjjbb7;b77#a7 of title #df1 ,united ,states ,code1 is amended by striking ,federal ,register and inserting the ,federal ,register4 7i7 ,port1 harbor1 and coastal facility security ,section #gjaaf7;b77#b7 of title #df1 ,united ,states ,code1 is amended by inserting a comma after acts of terrorism4