II 118th CONGRESS 2d Session S. 5137 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.

1. Short title This Act may be cited as the Defending American Property Abroad Act of 2024 . 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. 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. 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. 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) ). 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. 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).