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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5137 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5137

To identify property located in the territory of certain foreign trade 
    partners that is owned or controlled by United States persons, 
 necessary to access a port, harbor, or marine terminal, and has been 
   nationalized or expropriated, and to prohibit certain actions by 
 vessels that have landed at such ports, harbors, or marine terminals, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2024

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

_______________________________________________________________________

                                 A BILL

 
To identify property located in the territory of certain foreign trade 
    partners that is owned or controlled by United States persons, 
 necessary to access a port, harbor, or marine terminal, and has been 
   nationalized or expropriated, and to prohibit certain actions by 
 vessels that have landed at such ports, harbors, or marine terminals, 
                        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 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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--
                    (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.

SEC. 3. 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 section 4; and
                    (B) the appropriate congressional committees; and
            (3) publish the list required under paragraph (2) in the 
        Federal Register.

SEC. 4. 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 section 3(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. 5. DIRECTING UNITED STATES TRADE REPRESENTATIVE TO ADDRESS 
              PROHIBITED PROPERTY IN USMCA JOINT REVIEW.

    (a) In General.--As part of the consultations required by section 
611 of the United States-Mexico-Canada Agreement Implementation Act (19 
U.S.C. 4611) before a joint review, the United States Trade 
Representative shall submit to the appropriate congressional committees 
a report on the objections the Trade Representative will raise related 
to instances in which the government of a USMCA country has--
            (1) nationalized, forcibly limited, or expropriated land 
        described in section 2(4)(B);
            (2) repudiated or nullified any contract, permit, 
        concession, easement, or similar authorization with a United 
        States person related to such land; or
            (3) taken any other action that has the effect of seizing 
        ownership or control of such land.
    (b) Definitions.--In this section:
            (1) Joint review.--The term ``joint review'' means a review 
        conducted under the process provided for in article 34.7 of the 
        USMCA relating to extension of the term of the USMCA.
            (2) USMCA.--The term ``USMCA'' has the meaning given that 
        term in section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act (19 U.S.C. 4502).
            (3) USMCA country.--The term ``USMCA country'' has the 
        meaning given that term in section 202(a) of the United States-
        Mexico-Canada Agreement Implementation Act (19 U.S.C. 4531(a)).

SEC. 6. REPORTS TO CONGRESS.

    (a) Reports on Designations of Prohibited Property.--Not later than 
1 year after the date of the enactment of this Act, and annually 
thereafter until the date that is 5 years after such date of enactment, 
the Secretary of Homeland Security, in consultation with the Secretary 
of the Treasury and the Secretary of State, shall submit to the 
appropriate congressional committees a report on--
            (1) the number of designations of prohibited property made 
        under section 3(1);
            (2) the number of freight vessels that were prevented from 
        importing or releasing any goods into the United States under 
        the prohibition under section 4;
            (3) the number of passenger vessels that were prevented 
        from docking or releasing passengers into the United States 
        under that prohibition; and
            (4) the number of vessels that were prevented from dry 
        docking, completing repair work, refurbishing, victualling, 
        refueling, or conducting any other servicing or maintenance-
        related activities under that prohibition.
    (b) Reports on Actions by Covered Foreign Trade Partners.--Not 
later than 1 year after the date of the enactment of this Act, and 
annually thereafter until the date that is 5 years after such date of 
enactment, the United States Trade Representative shall submit to the 
appropriate congressional committees a report on--
            (1) the number of governments of covered foreign trade 
        partners that have--
                    (A) nationalized, forcibly limited, or expropriated 
                land described in section 2(4)(B);
                    (B) repudiated or nullified any contract, permit, 
                concession, easement, or similar authorization with a 
                United States person related to such land; or
                    (C) taken any other action that has the effect of 
                seizing ownership or control of such land; and
            (2) the impact of the actions described in paragraph (1) by 
        the government of a covered foreign trade partner on the trade 
        relationship between the United States and the covered foreign 
        trade partner.
    (c) Reports on Economic Implications.--Not later than 1 year after 
the date of the enactment of this Act, and annually thereafter until 
the date that is 5 years after such date of enactment, the Secretary of 
State shall submit to the appropriate congressional committees a report 
on--
            (1) the economic implications of actions described in 
        subsection (b)(1) by the governments of covered foreign trade 
        partners; and
            (2) the impact of such actions on the economic assessment 
        of the investment climate for the covered foreign trade 
        partners.

SEC. 7. TERMINATION AND EXTENSION OF REQUIREMENTS.

    (a) In General.--Except as provided by subsections (b) and (c), the 
requirements of this Act, and any prohibition imposed under section 4, 
shall terminate on the date that is 5 years after the date of the 
enactment of this Act.
    (b) Termination for Specific Countries.--Before the termination 
date under subsection (a), the President may terminate the requirements 
of this Act with respect to a covered foreign trade partner if the 
President determines and reports to the appropriate congressional 
committees, not later than 15 days before terminating such 
requirements, that--
            (1) the government of the covered foreign trade partner has 
        reversed or curtailed any actions described in section 2(4)(C); 
        or
            (2) the termination of such requirements with respect to 
        the covered foreign trade partner is in the vital national 
        security interests of the United States.
    (c) Extension of Requirements.--After the termination date under 
subsection (a), the President may extend, for 1 or more 2-year periods, 
the requirements of this Act (including the reports required by section 
6) with respect to a covered foreign trade partner if the President 
certifies to the appropriate congressional committees that the 
government of the covered foreign trade partner continues to engage in 
actions described in section 2(4)(C).
                                 <all>
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