S. 2368

119 S2368 IS: Defending American Property Abroad Act of 2025
 U.S. Senate
 2025-07-21
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 II  119th CONGRESS  1st Session  S. 2368  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.
1.
Short title
This Act may be cited as the   Defending American Property Abroad Act of 2025  .
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.
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.
 .