H.R. 3395 — what changed

U.S. Supply Chain Security Review Act of 2023

From Introduced in House to Reported in House. 1 section amended and 1 added between Introduced in House and Reported in House.

Section 1 Short title

added This Act may be cited as the “U.S. Supply Chain Security Review Act of 2023”.

(a)

removed In general— Not later than 90 days after the date of enactment of this Act, the Chairman of the Federal Maritime Commission shall seek to enter into an agreement with a federally funded research and development center to evaluate how foreign ownership of marine terminals at the 15 largest United States container ports affects or could affect United States economic security.

(b)

removed Contents— In carrying out the study under subsection (a), the center selected under such subsection shall—

(1)

removed consider—

(A)

removed changes in ownership of the 15 largest United States container ports over the past 10 years as well as announced ownership changes from 2023 and 2024;

(B)

removed instances of ownership in individual marine terminals and cumulative ownership by Chinese or Russian entities or nationals;

(C)

removed instances of ownership in individual marine terminals and cumulative ownership by any foreign entity;

(D)

removed the amount of—

(i)

removed Port Infrastructure Development Grant funds since fiscal year 2018 that have gone to ports and marine terminals that are owned wholly or partially foreign owned; and

(ii)

removed Port Security Grant funds since fiscal year 2003 that have gone to ports and marine terminals that are owned wholly or partially foreign owned; and

(E)

removed where ownership exists, a detailed description of foreign operational control including both affirmative and negative control; and

(2)

removed offer recommendations on—

(A)

removed policies by ports and marine terminal operators to prevent excessive foreign ownership that could threaten United States economic security;

(B)

removed whether ownership affords the foreign owner access to operational technology and information unique to the United States and otherwise unavailable; and

(C)

removed whether foreign ownership has or could affect the supply chain and policies related to the prioritization of certain cargoes.

(c)

removed Report— Not later than 1 year after the initiation of the evaluation under subsection (a), the Chairman of the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the results of such evaluation.

Sec. 2 Study on foreign ports

added

(a)

added In general— Not later than 90 days after the date of enactment of this Act, the Chairman of the Federal Maritime Commission shall seek to enter into an agreement with a federally funded research and development center to evaluate how foreign ownership of marine terminals at the 15 largest United States container ports affects or could affect United States economic security.

(b)

added Contents— In carrying out the study under subsection (a), the center selected under such subsection shall—

(1)

added consider—

(A)

added changes in ownership of the 15 largest United States container ports over the past 10 years as well as announced ownership changes from 2023 and 2024;

(B)

added instances of ownership in individual marine terminals and cumulative ownership by Chinese or Russian entities or nationals;

(C)

added instances of ownership in individual marine terminals and cumulative ownership by any foreign entity;

(D)

added the amount of—

(i)

added Port Infrastructure Development Grant funds since fiscal year 2018 that have gone to ports and marine terminals that are owned wholly or partially foreign owned; and

(ii)

added Port Security Grant funds since fiscal year 2003 that have gone to ports and marine terminals that are owned wholly or partially foreign owned; and

(E)

added where ownership exists, a detailed description of foreign operational control including both affirmative and negative control; and

(2)

added offer recommendations on—

(A)

added policies by ports and marine terminal operators to prevent excessive foreign ownership that could threaten United States economic security;

(B)

added whether ownership affords the foreign owner access to operational technology and information unique to the United States and otherwise unavailable; and

(C)

added whether foreign ownership has or could affect the supply chain and policies related to the prioritization of certain cargoes.

(c)

added Report— Not later than 1 year after the initiation of the evaluation under subsection (a), the Chairman of the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the results of such evaluation.