1. Short title This Act may be cited as the American Port Access Privileges Act of 2023 . 2. Port privilege requirements (a) In general Chapter 503 of title 46, United States Code, is amended by adding at the end the following: 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