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