I 

109TH CONGRESS 

2D SESSION H. R. 4807 

To require an investigation under the Defense Production Act of 1950 of 

the acquisition by Dubai Ports World of the Peninsular and Oriental 

Steam Navigation Company, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2006 

Mr. KING of New York (for himself, Mr. ADERHOLT, Mr. BACHUS, Mr. BARROW, Mr. BERRY, Mr. BILIRAKIS, Mr. BOSWELL, Mr. BRADLEY of New 

Hampshire, Mr. BROWN of South Carolina, Mr. BROWN of Ohio, Ms. 

GINNY BROWN-WAITE of Florida, Mr. CAPUANO, Mr. CLEAVER, Mr. 

COLE of Oklahoma, Mr. CUMMINGS, Mrs. JO ANN DAVIS of Virginia, Mr. 

DAVIS of Florida, Mr. DEFAZIO, Ms. DELAURO, Mr. DICKS, Mr. DOOLITTLE, Mr. FRANK of Massachusetts, Mr. GARRETT of New Jersey, Mr. 

GIBBONS, Mr. GOHMERT, Mr. GORDON, Mr. GENE GREEN of Texas, Mr. 

AL GREEN of Texas, Ms. HARMAN, Ms. HERSETH, Mr. HOLT, Ms. 

HOOLEY, Ms. JACKSON-LEE of Texas, Mr. JINDAL, Mr. SAM JOHNSON

of Texas, Mr. KENNEDY of Rhode Island, Mr. KING of Iowa, Mr. 

LANGEVIN, Mr. LANTOS, Mr. LARSON of Connecticut, Mr. LOBIONDO, 

Mrs. LOWEY, Mr. LYNCH, Mr. MARKEY, Mr. MARSHALL, Ms. MATSUI, 

Mrs. MCCARTHY, Mr. MCCAUL of Texas, Mr. MCCOTTER, Mr. 

MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Mr. MEEK of Florida, 

Mr. MICHAUD, Mr. NADLER, Mr. NEY, Mr. ORTIZ, Mr. PALLONE, Mr. 

PASCRELL, Mr. PENCE, Mr. PLATTS, Mr. POMEROY, Mr. RAMSTAD, Mr. 

REICHERT, Mr. REYNOLDS, Mr. ROTHMAN, Mr. RUPPERSBERGER, Mr. 

SHAYS, Mr. SIMMONS, Mr. SMITH of New Jersey, Mr. SOUDER, Mr. 

SWEENEY, Mr. TANCREDO, Mr. THOMPSON of Mississippi, Mr. TIBERI, 

Mr. UDALL of New Mexico, Mr. VAN HOLLEN, Ms. WASSERMAN

SCHULTZ, Mr. WELDON of Pennsylvania, Mr. WESTMORELAND, and Mr. 

WOLF) introduced the following bill; which was referred to the Committee 

on Financial Services, and in addition to the Committees on Energy and 

Commerce, International Relations, and Homeland Security, 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 


rfake on PROD1PC77 with BILLS
2 

•HR 4807 IH 

A BILL 

To require an investigation under the Defense Production 

Act of 1950 of the acquisition by Dubai Ports World 

of the Peninsular and Oriental Steam Navigation Company, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Investment 

5 Security Improvement Act of 2006’’. 

6 SEC. 2. INVESTIGATION UNDER DEFENSE PRODUCTION 

7 ACT OF 1950. 

8 (a) INVESTIGATION.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of law, the President or the President’s 

11 designee shall conduct an investigation, under sec12 tion 721(b) of the Defense Production Act of 1950 

13 (50 U.S.C. App. 2170(b)), of the acquisition by 

14 Dubai Ports World, an entity owned or controlled by 

15 the Emirate of Dubai, of the Peninsular and Ori16 ental Steam Navigation Company, a company that is 

17 a national of the United Kingdom, with respect to 

18 which written notification was submitted to the 

19 Committee on Foreign Investment in the United 

20 States on December 15, 2005. Such investigation 


rfake on PROD1PC77 with BILLS
3 

•HR 4807 IH 

1 shall be completed not later than 45 days after the 

2 date of the enactment of this Act. 

3 (2) SUSPENSION OF EXISTING DECISION.—The 

4 President shall suspend any decision by the Presi5 dent or the President’s designee pursuant to section 

6 721 of the Defense Production Act of 1950 (50 

7 U.S.C. App. 2170) with respect to the acquisition 

8 described in paragraph (1) that was made before the 

9 completion of the investigation described in para10 graph (1), including any such decision made before 

11 the date of the enactment of this Act. 

12 (b) REQUIREMENTS FOR INVESTIGATION.—The in13 vestigation under subsection (a) shall include— 

14 (1) a review of foreign port assessments con15 ducted under section 70108 of title 46, United 

16 States Code, of ports at which Dubai Ports World 

17 carries out operations; 

18 (2) background checks of appropriate officers 

19 and security personnel of Dubai Ports World; 

20 (3) an evaluation of the impact on port security 

21 in the United States by reason of control by Dubai 

22 Ports World of operations at the United States ports 

23 affected by the acquisition described in subsection 

24 (a); and 


rfake on PROD1PC77 with BILLS
4 

•HR 4807 IH 

1 (4) an evaluation of the impact on the national 

2 security of the United States by reason of control by 

3 Dubai Ports World of operations at the United 

4 States ports affected by the acquisition described in 

5 subsection (a), to be carried out in consultation with 

6 the Secretary of Homeland Security, the Com7 mandant of the Coast Guard, the Commissioner of 

8 the Bureau of Customs and Border Protection, the 

9 heads of other relevant Federal departments and 

10 agencies, and relevant State and local officials re11 sponsible for port security at such United States 

12 ports. 

13 (c) RESPONSIBILITIES OF THE SECRETARY OF

14 HOMELAND SECURITY.— 

15 (1) IN GENERAL.—The Secretary of Homeland 

16 Security shall provide the following information for 

17 the investigation conducted pursuant to this section: 

18 (A) Any relevant information on Dubai 

19 Ports World from the Automated Targeting 

20 System maintained by U.S. Customs and Bor21 der Protection. 

22 (B) Port assessments at foreign seaports 

23 where Dubai Ports World operates, to be con24 ducted as part of the review for the Container 

25 Security Initiative, a U.S. Customs and Border 


rfake on PROD1PC77 with BILLS
5 

•HR 4807 IH 

1 Protection program designed to target and 

2 screen cargo at overseas ports. 

3 (C) Copies of the completed validations 

4 conducted through the Customs-Trade Partner5 ship Against Terrorism program by U.S. Cus6 toms and Border Protection. 

7 (D) Any additional intelligence information 

8 held by the Department of Homeland Security, 

9 including the Office of Intelligence and Anal10 ysis. 

11 (2) ADDITIONAL RESPONSIBILITIES.—The in12 formation required by paragraph (1) shall not be 

13 construed as limiting the responsibilities of the Sec14 retary of Homeland Security in the investigation 

15 conducted pursuant to this section. 

16 (d) REPORT.—Not later than 15 days after the date 

17 on which the investigation conducted pursuant to this sec18 tion is completed, the President shall submit to Congress 

19 a report that— 

20 (1) contains the findings of the investigation, 

21 including— 

22 (A) an analysis of the national security 

23 concerns reviewed under the investigation; and 

24 (B) a description of any assurances pro25 vided to the Federal Government by the appliVerDate Aug 31 2005 02:14 Mar 01, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4807.IH H4807

rfake on PROD1PC77 with BILLS
6 

•HR 4807 IH 

1 cant and the effect of such assurances on the 

2 national security of the United States; and 

3 (2) contains the determination of the President 

4 of whether or not the President will take action 

5 under section 721(d) of the Defense Production Act 

6 of 1950 (50 U.S.C. App. 2170(d)) pursuant to the 

7 investigation. 

8 (e) CONGRESSIONAL BRIEFING.— 

9 (1) IN GENERAL.—Not later than the date on 

10 which the report described in subsection (d) is sub11 mitted to Congress pursuant to such subsection, the 

12 President or the President’s designee shall provide 

13 to the Members of Congress specified in paragraph 

14 (2) a detailed briefing on the contents of the report. 

15 (2) MEMBERS OF CONGRESS.—The Members of 

16 Congress specified in this paragraph are the fol17 lowing: 

18 (A) The majority leader and minority lead19 er of the Senate. 

20 (B) The Speaker and minority leader of 

21 the House of Representatives. 

22 (C) The Chairman and Ranking Member 

23 of the Committee on Banking, Housing, and 

24 Urban Affairs, the Committee on Finance, and 


rfake on PROD1PC77 with BILLS
7 

•HR 4807 IH 

1 the Committee on Homeland Security and Gov2 ernmental Affairs of the Senate. 

3 (D) The Chairman and Ranking Member 

4 of the Committee on Financial Services, the 

5 Committee on Homeland Security, and the 

6 Committee on Ways and Means of the House of 

7 Representatives. 

8 (E) Each Member of Congress who rep9 resents a State or district in which a United 

10 States port affected by the acquisition described 

11 in subsection (a) is located. 

12 SEC. 3. CONGRESSIONAL ACTION. 

13 (a) IN GENERAL.—If the determination of the Presi14 dent contained in the report submitted to Congress pursu15 ant to section 2(d) of this Act is that the President will 

16 not take action under section 721(d) of the Defense Pro17 duction Act of 1950 (50 U.S.C. App. 2170(d)) and not 

18 later than 30 days after the date on which Congress re19 ceives the report, a joint resolution described in subsection 

20 (b) is enacted into law, then the President shall take such 

21 action under section 721(d) of the Defense Production Act 

22 of 1950 as is necessary to prohibit the acquisition de23 scribed in section 2(a), including, if such acquisition has 

24 been completed, directing the Attorney General to seek diVerDate Aug 31 2005 02:14 Mar 01, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4807.IH H4807

rfake on PROD1PC77 with BILLS
8 

•HR 4807 IH 

1 vestment or other appropriate relief in the district courts 

2 of the United States. 

3 (b) JOINT RESOLUTION DESCRIBED.—For purposes 

4 of subsection (a), the term ‘‘joint resolution’’ means a 

5 joint resolution of the Congress, the sole matter after the 

6 resolving clause of which is as follows: ‘‘That the Congress 

7 disapproves the determination of the President contained 

8 in the report submitted to Congress pursuant to section 

9 2(d) of the Foreign Investment Security Improvement Act 

10 of 2006 on llllll.’’, with the blank space being 

11 filled with the appropriate date. 

12 (c) COMPUTATION OF REVIEW PERIOD.—In com13 puting the 30-day period referred to in subsection (a), 

14 there shall be excluded any day described in section 154(b) 

15 of the Trade Act of 1974 (19 U.S.C. 2194(b)). 

Æ 


rfake on PROD1PC77 with BILLS