Sec. 3523. STUDY ON FOREIGN OWNERSHIP AND CONTROL OF MARINE TERMINALS

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## SEC. 3523 STUDY ON FOREIGN OWNERSHIP AND CONTROL OF MARINE TERMINALS ###

(a)In General Not later than 90 days after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Commerce, shall seek to enter into an agreement with a federally funded research and development center under which the center shall evaluate how foreign state-owned enterprises with leases, long term concessions, partial ownership, or ownership of marine terminals (including marine terminal operators) at the 15 largest United States container ports affect, or could affect, United States national and economic security. ###

(b)Contents An agreement entered into pursuant to subsection

(a)shall provide that the center shall— ####

(1)consider— #####

(A)foreign ownership or state-owned enterprises with leases, long-term concessions, partial ownership, or ownership of marine terminals (including marine terminal operators) at 15 largest United States container ports over the 30-year period preceding the date of enactment of this Act; #####

(B)instances of ownership in individual marine terminals and cumulative ownership by Chinese or Russian entities, state-owned enterprises, or nationals; #####

(C)instances of ownership in individual marine terminals and partial or complete ownership by any foreign entity; #####

(D)the amount of Federal funds that have been distributed to ports and marine terminals that are wholly or partially foreign-owned, including Chinese and Russian state-owned enterprises; #####

(E)where any stake in foreign ownership, or other vectors of control, exists (including any level of equity stake in joint ventures with United States or foreign marine terminal operators), including Chinese or Russian state-owned enterprises, a detailed description of foreign operational control, including both affirmative and negative control; and #####

(F)the degree to which transactions for leases, long-term concessions, partial ownership, or ownership of marine terminals referred to in subparagraph

(A)were considered covered transactions by the Committee on Foreign Investment in the United States and subsequently subject to review during the 30-year period preceding the date of the enactment of this Act; and ####

(2)offer recommendations on— #####

(A)policies by ports and marine terminal operators with respect to foreign ownership or control to prevent any degree of threats to United States national security and economic security; #####

(B)whether foreign ownership, a positional relationship, or state-owned enterprises with leases, long term concessions, partial ownership, or ownership of marine terminals (including marine terminal operators) affords the foreign entity access to operational technology and information unique to the United States and otherwise unavailable; #####

(C)whether foreign ownership or state-owned enterprises with leases, long term concessions, partial ownership, or ownership of marine terminals (including marine terminal operators) has or could affect the supply chain and policies related to the prioritization of certain cargoes; and #####

(D)legislative or other policy changes needed to secure and advance United States national and economic security of the United States. ###

(c)Report Not later than one year after the initiation of an evaluation carried out pursuant to an agreement entered into under subsection (a), the Secretary of Transportation 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 a report containing the results of such evaluation. ###

(d)Form The report required under subsection

(c)shall be submitted in unclassified form, but may include a classified annex.