U.S. Supply Chain Security Review Act of 2023

IIB 118TH CONGRESS 1ST SESSION H. R. 3395 IN THE SENATE OF THE UNITED STATES JULY 27, 2023 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To direct the Chairman of the Federal Maritime Commission to seek to enter into an agreement with a federally funded research and development center to evaluate for- eign ownership of marine terminals at the 15 largest United States container ports, and for other purposes. VerDate Sep 11 2014 04:21 Jul 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3395.RFS H3395 kjohnson on DSK79L0C42PROD with BILLS 2 HR 3395 RFS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘U.S. Supply Chain 4 Security Review Act of 2023’’. 5 SEC. 2. STUDY ON FOREIGN PORTS. 6 (a) IN GENERAL.—Not later than 90 days after the 7 date of enactment of this Act, the Chairman of the Fed- 8 eral Maritime Commission shall seek to enter into an 9 agreement with a federally funded research and develop- 10 ment center to evaluate how foreign ownership of marine 11 terminals at the 15 largest United States container ports 12 affects or could affect United States economic security. 13 (b) CONTENTS.—In carrying out the study under 14 subsection (a), the center selected under such subsection 15 shall— 16 (1) consider— 17 (A) changes in ownership of the 15 largest 18 United States container ports over the past 10 19 years as well as announced ownership changes 20 from 2023 and 2024; 21 (B) instances of ownership in individual 22 marine terminals and cumulative ownership by 23 Chinese or Russian entities or nationals; 24 VerDate Sep 11 2014 04:21 Jul 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3395.RFS H3395 kjohnson on DSK79L0C42PROD with BILLS 3 HR 3395 RFS (C) instances of ownership in individual 1 marine terminals and cumulative ownership by 2 any foreign entity; 3 (D) the amount of— 4 (i) Port Infrastructure Development 5 Grant funds since fiscal year 2018 that 6 have gone to ports and marine terminals 7 that are owned wholly or partially foreign 8 owned; and 9 (ii) Port Security Grant funds since 10 fiscal year 2003 that have gone to ports 11 and marine terminals that are owned whol- 12 ly or partially foreign owned; and 13 (E) where ownership exists, a detailed de- 14 scription of foreign operational control includ- 15 ing both affirmative and negative control; and 16 (2) offer recommendations on— 17 (A) policies by ports and marine terminal 18 operators to prevent excessive foreign ownership 19 that could threaten United States economic se- 20 curity; 21 (B) whether ownership affords the foreign 22 owner access to operational technology and in- 23 formation unique to the United States and oth- 24 erwise unavailable; and 25 VerDate Sep 11 2014 04:21 Jul 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3395.RFS H3395 kjohnson on DSK79L0C42PROD with BILLS 4 HR 3395 RFS (C) whether foreign ownership has or could 1 affect the supply chain and policies related to 2 the prioritization of certain cargoes. 3 (c) REPORT.—Not later than 1 year after the initi- 4 ation of the evaluation under subsection (a), the Chairman 5 of the Federal Maritime Commission shall submit to the 6 Committee on Commerce, Science, and Transportation of 7 the Senate and the Committee on Transportation and In- 8 frastructure of the House of Representatives the results 9 of such evaluation. 10 Passed the House of Representatives July 26, 2023. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 04:21 Jul 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3395.RFS H3395 kjohnson on DSK79L0C42PROD with BILLS