Sec. 2. Port privilege requirements
651 words·~3 min read·
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Chapter 503 of title 46, United States Code, is amended by adding at the end the following: A covered port authority shall provide preferential berthing for loading and unloading vessels that are— vessels of the United States or under contract to the Federal Government, including— vessels with a coastwise endorsement under chapter 121; and 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; 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 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— estimated to weigh not less than 51 percent of such vessel’s total carrying capacity by tonnage before calling on a foreign port; or equivalent to 51 percent of such vessel’s total carrying capacity of 20-foot equivalent units before calling on a foreign port.
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. 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. 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. 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— the total number of vessels by registry, class, and type; and 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— average percentage of all such vessels’ total carrying capacity by tonnage; and the average percentage of all such vessels’ total carrying capacity of 20-foot equivalent units. Nothing in this section shall be construed to— 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 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. In this section: The term covered port authority means a port authority that receives funding after the date of enactment of this section under— the port infrastructure development program under section 54301(a); or the maritime transportation system emergency relief program under section 50308. The term marine terminal operator has the meaning given such term in section 40102. The term ocean common carrier has the meaning given such term in section 40102. . 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. The analysis for chapter 503 of title 46, United States Code, is amended by adding at the end the following: 50309. Preferential berthing. .