119-s2368

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2368 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2368

To take measures with respect to certain property that is nationalized 
 or expropriated by foreign governments, to amend 

section 301 of the 
 Trade Act of 1974 to include expropriation of the assets of United 
 States persons in acts, policies, and practices of foreign countries 
 that are unreasonable or discriminatory, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 21, 2025

 Mr. Hagerty (for himself, Mr. Kaine, Mrs. Britt, Mr. Tuberville, Mr. 
 Wicker, Mrs. Blackburn, Ms. Alsobrooks, and Mr. Budd) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Finance

_______________________________________________________________________

 A BILL

To take measures with respect to certain property that is nationalized 
 or expropriated by foreign governments, to amend 

section 301 of the 
 Trade Act of 1974 to include expropriation of the assets of United 
 States persons in acts, policies, and practices of foreign countries 
 that are unreasonable or discriminatory, and for other purposes.

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

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Defending American Property Abroad 
Act of 2025''.

SEC. 2. IDENTIFICATION AND PROHIBITIONS WITH RESPECT TO PROPERTY 
 NATIONALIZED OR EXPROPRIATED BY FOREIGN GOVERNMENTS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Appropriate congressional committees.--The term 
 ``appropriate congressional committees'' means--
        (A) the Committee on Homeland Security and 
 Governmental Affairs, the Committee on Foreign 
 Relations, the Committee on Finance, and the Select 
 Committee on Intelligence of the Senate; and
        (B) the Committee on Homeland Security, the 
 Committee on Foreign Affairs, the Committee on Ways and 
 Means, and the Permanent Select Committee on 
 Intelligence of the House of Representatives.

    (2) Covered foreign trade partner.--The term ``covered 
 foreign trade partner'' means a country in the Western 
 Hemisphere that has in effect a free trade agreement with the 
 United States.

    (3) Passenger vessel.--The term ``passenger vessel'' means 
 a vessel that--
        (A) is authorized to carry 149 or more passengers;
        (B) has onboard sleeping facilities for each 
 passenger;
            (C) is on a voyage that embarks or disembarks 
 passengers; and
            (D) is not engaged in a coastwise voyage subject to 
 chapter 105 of title 46, United States Code.

    (4) Prohibited property.--The term ``prohibited property'' 
 means any port, harbor, or marine terminal, including any 
 relevant port infrastructure--
        (A) that is located within the territory of a 
 covered foreign trade partner;
        (B) that is accessible only through land that is 
 owned, held, or controlled, directly or indirectly, by 
 a United States person; and
            (C) if an agency or official of the government of 
 the covered foreign trade partner has, on or after 
 January 1, 2024--
            (i) nationalized, forcibly limited, or 
 expropriated the land described in subparagraph
        (B) ;
            (ii) repudiated or nullified any contract, 
 permit, concession, easement, or similar 
 authorization with a United States person 
 related to that land; or
            (iii) taken any other action that has the 
 effect of seizing ownership or control of that 
 land.

    (5) Relevant port infrastructure.--The term ``relevant port 
 infrastructure'' means the following infrastructure at a port 
 or harbor:
        (A) Conveyors and other equipment used to load or 
 unload freight or passenger vessels.
        (B) Roads and pathways used to load or unload 
 freight or passenger vessels.
            (C) Docks and piers used to load or unload freight 
 or passenger vessels.
            (D) Moorings, dolphins, or other structures used 
 for anchoring freight or passenger vessels.
        (E) Silos, domes, or other structures used for the 
 storage of any good, ware, article, merchandise, or 
 other freight.
        (F) Offices, facilities, and other buildings used 
 for the administration and security of the port or 
 harbor.

    (6) United states.--The term ``United States'' includes the 
 50 States, the District of Columbia, and any territory or 
 possession of the United States.

    (7) United states person.--The term ``United States 
 person'' means--
        (A) a United States citizen or an alien lawfully 
 admitted for permanent residence to the United States; 
 or
        (B) an entity not less than 50 percent of the 
 ownership interest in which is owned by United States 
 citizens.

    (b) Designation of Prohibited Property.--Not later than 60 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, in consultation with and with the concurrence of the 
Secretary of the Treasury and the Secretary of State, shall--

    (1) identify and designate all prohibited property;

    (2) provide a list of all prohibited property designated 
 under paragraph

    (1) to--
        (A) the agencies and officials within the 
 Department of Homeland Security, the Department of the 
 Treasury, and the Department of State responsible for 
 the implementation of subsection
            (c) ; and
        (B) the appropriate congressional committees; and

    (3) publish the list required under paragraph

    (2) in the 
 Federal Register.
            (c) Prohibitions on Use of Prohibited Property.--The President 
shall prohibit any vessel loaded or previously held at a port, harbor, 
or marine terminal that is designated as prohibited property under 
subsection

    (b)

    (1) from--

    (1) importing into the United States any good;

    (2) releasing into the United States any good;

    (3) docking any passenger vessel in the United States;

    (4) releasing into the United States any passenger from a 
 passenger vessel; or

    (5) dry docking, completing repair work, refurbishing, 
 victualing, refueling, or conducting any other servicing or 
 maintenance-related activities.

SEC. 3. EXPANSION OF ACTS, POLICIES, AND PRACTICES THAT ARE 
 UNREASONABLE OR DISCRIMINATORY UNDER TITLE III OF THE 
 TRADE ACT OF 1974.

 

Section 301
            (d) (3)
        (B) of the Trade Act of 1974 (19 U.S.C. 
2411
            (d) (3)
        (B) ) is amended--

    (1) in clause
            (iii) 
            (V) , by striking ``, or'' and inserting 
 a comma;

    (2) by moving clause
            (iv) 2 ems to the left;

    (3) in clause
            (iv) , by striking the period at the end and 
 inserting ``, or''; and

    (4) by adding at the end the following:
 ``
            (v) constitutes, with respect to the assets of a 
 United States person--
 ``
            (I) direct or indirect expropriation or 
 nationalization,
 ``
            (II) arbitrary or capricious treatment,
 ``
            (III) denial of due process, or
 ``
            (IV) discrimination on the basis of 
 nationality.''.
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