Congress·In Committee·S. 2368

Sen. Hagerty Pushes Bill to Ban Ships From Foreign Ports That Seize American Property

Defending American Property Abroad Act of 2025

8 months ago·View on Congress.gov

Legislative Progress

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Key Points

This bill targets foreign countries in the Western Hemisphere that have free trade agreements with the U.S. and have seized or nationalized American-owned land since January 1, 2024. Ports accessible only through that seized land would be labeled 'prohibited property.'
From policy text
“``covered foreign trade partner'' means a country in the Western Hemisphere that has in effect a free trade agreement with the United States”
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Any ship that loads cargo or docks at a prohibited port would be completely banned from entering the United States — no importing goods, no dropping off cruise passengers, and no stopping for fuel, repairs, or maintenance at American docks.
From policy text
“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-- (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”
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The Secretary of Homeland Security, working with the Treasury and State departments, would have 60 days after the bill becomes law to identify and publicly list all prohibited properties in the Federal Register.
From policy text
“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”
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The bill also amends the Trade Act of 1974 to classify the seizure of American assets abroad as an 'unreasonable or discriminatory' trade practice, giving the U.S. government new legal tools — including potential tariffs — to respond when Americans' property rights are violated overseas.
From policy text
“constitutes, with respect to the assets of a United States person-- ``(I) direct or indirect expropriation or nationalization, ``(II) arbitrary or capricious treatment, ``(III) denial of due process, or ``(IV) discrimination on the basis of nationality”
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The bill has bipartisan support, introduced by Senators Hagerty and Kaine along with six other cosponsors from both parties, and has been referred to the Senate Finance Committee.

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Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions

Jul 21, 2025Senate

Read twice and referred to the Committee on Finance.

Jul 21, 2025

Introduced in Senate

What Happens Next

Projected impacts based on AI analysis

60 days after enactment

DHS must identify and publish a list of all prohibited ports within 60 days of enactment

Shipping companies and cruise lines would learn exactly which foreign ports are off-limits, and would need to reroute vessels to avoid being banned from U.S. waters.

Shortly after prohibited port list is published

Vessel bans take effect for ships using prohibited ports

Any cargo or cruise ship that loads at or even docks at a designated prohibited port would be barred from importing goods into the U.S., dropping off passengers, or receiving any services at American ports.

Related News

4 articles

Washington Times·about 1 year ago

USTR’s last-minute effort to neuter Trump’s USMCA

Lawmakers argue Congress should pass the Defending American Property Abroad Act to prohibit vessels that utilize expropriated U.S. infrastructure from entering American ports, discouraging trade partners from exploiting American businesses like Vulcan Materials in Mexico.

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Seatrade Maritime News·about 1 month ago

Trump’s Maritime Action Plan floats foreign built vessel US port fee

The Trump administration's Maritime Action Plan aligns with legislative efforts like the Defending American Property Abroad Act, which seeks to blacklist ports involved in the seizure of U.S. property and impose restrictions on vessels using those facilities.

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American Shipper·about 2 months ago

Defending American Property Abroad Act of 2026 passes House Committee

The House Transportation and Infrastructure Committee advanced a version of the Defending American Property Abroad Act. The bill empowers the president to ban ships from U.S. waters if they have docked at Western Hemisphere ports built on seized American property.

Related Bills

1 bill

H.R. 4577Related bill

Defending American Property Abroad Act of 2025

Jul 21 — Referred to the Committee on Ways and Means, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.