[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Page S5453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3651. Mr. HAGERTY (for himself, Mr. Kaine, Mr. Tuberville, Mrs.
Britt, Mr. Budd, and Ms. Alsobrooks) submitted an amendment intended to
be proposed by him to the bill S. 2296, to authorize appropriations for
fiscal year 2026 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title XII, add the following:
SEC. 1265. IDENTIFICATION AND PROHIBITIONS WITH RESPECT TO
PROPERTY NATIONALIZED OR EXPROPRIATED BY
CERTAIN 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.--
(1) In general.--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--
(A) making a port of call in the United States;
(B) releasing into the United States any good;
(C) docking any passenger vessel in the United States;
(D) releasing into the United States any passenger from a
passenger vessel; or
(E) dry docking, completing repair work, refurbishing,
victualing, refueling, or conducting any other servicing or
maintenance-related activities.
(2) Exception for emergencies.--The prohibitions under
paragraph (1) shall not apply in the case of an emergency
being experienced by a vessel or an individual on the vessel.
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