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