,,ii #aahth ,,congress #b;d ,session ,s4 #eacg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bc1 #bjbd,mr4 ,hagerty 7for himself1 ,mr4 ,kaine1 ,mr4 ,tuberville1 ,mrs4 ,britt1 ,mr4 ,budd1 and ,mr4 ,barrasso7 introduced the following bill2 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 persons1 necessary to access a port1 harbor1 or marine terminal1 and has been nationalized or expropriated1 and to prohibit certain actions by vessels that have landed at such ports1 harbors1 or marine terminals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,defending ,american ,property ,abroad ,act of #bjbd4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,foreign ,relations1 the ,committee on ,finance1 and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,homeland ,security1 the ,committee on ,foreign ,affairs1 the ,committee on ,ways and ,means1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,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 ,states4 7#c7 ,passenger vessel ,the term passenger vessel means a vessel that-- 7,a7 is authorized to carry #adi or more passengers2 7,b7 has onboard sleeping facilities for each passenger2 7,c7 is on a voyage that embarks or disembarks passengers2 and 7,d7 is not engaged in a coastwise voyage subject to chapter #aje of title #df1 ,united ,states ,code4 7#d7 ,prohibited property ,the term prohibited property means any port1 harbor1 or marine terminal-- 7,a7 that is located within the territory of a covered foreign trade partner2 7,b7 that is accessible only through land that is owned1 held1 or controlled1 directly or indirectly1 by a ,united ,states person2 and 7,c7 if an agency or official of the government of the covered foreign trade partner has1 on or after ,january #a1 #bjbd-- 7i7 nationalized1 forcibly limited1 or expropriated the land described in subparagraph 7,b72 7ii7 repudiated or nullified any contract1 permit1 concession1 easement1 or similar authorization with a ,united ,states person related to that land2 or 7iii7 taken any other action that has the effect of seizing ownership or control of that land4 7#e7 ,relevant port infrastructure ,the term relevant port infrastructure means the following infrastructure at a port or harbor3 7,a7 ,conveyors and other equipment used to load or unload freight or passenger vessels4 7,b7 ,roads and pathways used to load or unload freight or passenger vessels4 7,c7 ,docks and piers used to load or unload freight or passenger vessels4 7,d7 ,moorings1 dolphins1 or other structures used for anchoring freight or passenger vessels4 7,e7 ,silos1 domes1 or other structures used for the storage of any good1 ware1 article1 merchandise1 or other freight4 7,f7 ,offices1 facilities1 and other buildings used for the administration and security of the port or harbor4 7#f7 ,united ,states ,the term ,united ,states includes the #ej ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 7#g7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity not less than #ej percent of the ownership interest in which is owned by ,united ,states citizens4 #c4 ,designation of prohibited property ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with and with the concurrence of the ,secretary of the ,treasury and the ,secretary of ,state1 shall-- 7#a7 identify and designate all prohibited property2 7#b7 provide a list of all prohibited property designated under paragraph 7#a7 to-- 7,a7 the agencies and officials within the ,department of ,homeland ,security1 the ,department of the ,treasury1 and the ,department of ,state responsible for the implementation of section #d2 and 7,b7 the appropriate congressional committees2 and 7#c7 publish the list required under paragraph 7#b7 in the ,federal ,register4 #d4 ,prohibitions on use of prohibited property ,the ,president shall prohibit any vessel loaded or previously held at a port1 harbor1 or marine terminal that is designated as prohibited property under section #c7a7 from-- 7#a7 importing into the ,united ,states any good2 7#b7 releasing into the ,united ,states any good2 7#c7 docking any passenger vessel in the ,united ,states2 7#d7 releasing into the ,united ,states any passenger from a passenger vessel2 or 7#e7 dry docking1 completing repair work1 refurbishing1 victualing1 refueling1 or conducting any other servicing or maintenance-related activities4 #e4 ,directing ,united ,states ,trade ,representative to address prohibited property in ,,usmca joint review 7a7 ,in general ,as part of the consultations required by section #faa of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dfaa7 before a joint review1 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-- 7#a7 nationalized1 forcibly limited1 or expropriated land described in section #b7d77;,b72 7#b7 repudiated or nullified any contract1 permit1 concession1 easement1 or similar authorization with a ,united ,states person related to such land2 or 7#c7 taken any other action that has the effect of seizing ownership or control of such land4 7b7 ,definitions ,in this section3 7#a7 ,joint review ,the term joint review means a review conducted under the process provided for in article #cd4g of the ,,usmca relating to extension of the term of the ,,usmca4 7#b7 ,,usmca ,the term ,,usmca has the meaning given that term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb74 7#c7 ,,usmca country ,the term ,,usmca country has the meaning given that term in section #bjb7;a7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #deca7;a774 #f4 ,reports to ,congress 7a7 ,reports on designations of prohibited property ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter until the date that is #e years after such date of enactment1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,state1 shall submit to the appropriate congressional committees a report on-- 7#a7 the number of designations of prohibited property made under section #c7a72 7#b7 the number of freight vessels that were prevented from importing or releasing any goods into the ,united ,states under the prohibition under section #d2 7#c7 the number of passenger vessels that were prevented from docking or releasing passengers into the ,united ,states under that prohibition2 and 7#d7 the number of vessels that were prevented from dry docking1 completing repair work1 refurbishing1 victualling1 refueling1 or conducting any other servicing or maintenance-related activities under that prohibition4 7b7 ,reports on actions by covered foreign trade partners ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter until the date that is #e years after such date of enactment1 the ,united ,states ,trade ,representative shall submit to the appropriate congressional committees a report on-- 7#a7 the number of governments of covered foreign trade partners that have-- 7,a7 nationalized1 forcibly limited1 or expropriated land described in section #b7d77;,b72 7,b7 repudiated or nullified any contract1 permit1 concession1 easement1 or similar authorization with a ,united ,states person related to such land2 or 7,c7 taken any other action that has the effect of seizing ownership or control of such land2 and 7#b7 the impact of the actions described in paragraph 7#a7 by the government of a covered foreign trade partner on the trade relationship between the ,united ,states and the covered foreign trade partner4 7c7 ,reports on economic implications ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter until the date that is #e years after such date of enactment1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on-- 7#a7 the economic implications of actions described in subsection 7b77#a7 by the governments of covered foreign trade partners2 and 7#b7 the impact of such actions on the economic assessment of the investment climate for the covered foreign trade partners4 #g4 ,termination and extension of requirements 7a7 ,in general ,except as provided by subsections 7b7 and 7c71 the requirements of this ,act1 and any prohibition imposed under section #d1 shall terminate on the date that is #e years after the date of the enactment of this ,act4 7b7 ,termination for specific countries ,before the termination date under subsection 7a71 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 committees1 not later than #ae days before terminating such requirements1 that-- 7#a7 the government of the covered foreign trade partner has reversed or curtailed any actions described in section #b7d77;,c72 or 7#b7 the termination of such requirements with respect to the covered foreign trade partner is in the vital national security interests of the ,united ,states4 7c7 ,extension of requirements ,after the termination date under subsection 7a71 the ,president may extend1 for #a or more #b-year periods1 the requirements of this ,act 7including the reports required by section #f7 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 #b7d77;,c74