H.R. 4839

To prohibit entities owned or controlled by foreign governments from conducting certain operations at seaports in the United States, and from entering into agreements to conduct such operations.

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I

109th CONGRESS

2d Session

H. R. 4839

IN THE HOUSE OF REPRESENTATIVES

March 1, 2006

Mr. Shaw (for himself, Mr. Cardin, and Mr. Weller) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To prohibit entities owned or controlled by foreign governments from conducting certain operations at seaports in the United States, and from entering into agreements to conduct such operations.

1.

Operation of U.S. seaports

(a)

Requirement

No entity that is owned or controlled by a foreign government, or any agency or instrumentality thereof, may—

(1)

conduct operations at any seaport in the United States relating to—

(A)

the import or export of cargo by vessel, or the movement of cargo in connection with such import or export; or

(B)

the arrival or departure of the crew and passengers on a cargo vessel; or

(2)

enter into any contract or other agreement to conduct operations described in paragraph (1).

(b)

Regulations

The President shall promulgate such regulations as may be necessary to enforce the requirements of subsection (a), including requiring any person to furnish, in the form of reports or otherwise, such information as is necessary to enforce such requirements.

(c)

Employees

The prohibition in subsection (a) does not apply to any individual performing operations described in that subsection in the course of employment by another person.

(d)

Penalties

Any person who violates any requirement of subsection (a) or any regulation promulgated under subsection (b) shall be subject to the penalties under section 206 of the International Emergency Economic Powers Act (50 U.S. 1705) to the same extent as such penalties apply to violations under that Act.

(e)

Definition

In this section:

(1)

State

The term State means any of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(2)

United States

The term United States means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

2.

Effective date

(a)

In general

This Act shall take effect 90 days after the date of the enactment of this Act.

(b)

Applicability

This Act shall not apply with respect to any contract or other agreement to conduct operations described in subsection (a) that is entered into before the effective date of this Act.