118 HR 8411 IH: Defending American Property Abroad Act U.S. House of Representatives 2024-05-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 8411IN THE HOUSE OF REPRESENTATIVESMay 15, 2024Mr. Pfluger (for himself, Ms. Sewell, Mr. Carl, Mr. Aderholt, Mr. Carbajal, Mr. Moore of Alabama, Mr. Mast, Mr. Palmer, Mr. Vicente Gonzalez of Texas, and Mr. Strong) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Foreign Affairs, Intelligence (Permanent Select), and 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 concernedA BILLTo establish prohibitions with respect to vessels loaded or previously held at ports, harbors, or marine terminals in certain Western Hemisphere countries and with respect to which land owned, held, or controlled directly or indirectly by United States persons that is necessary to access the ports, harbors, marine terminals, or relevant port infrastructure has been nationalized, forcibly limited, or expropriated by the governments of such countries, and for other purposes.

1.

Short title

This Act may be cited as the Defending American Property Abroad Act.

2.

Designation of prohibited property

Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall—(1)designate all prohibited property, as defined in section 5 of this Act; and(2)provide a list of all prohibited property designated pursuant to paragraph (1) to—(A)the necessary agencies and officials within the Department of Homeland Security and the Department of State for the implementation of section 3 of this Act; and(B)the appropriate congressional committees.

3.

Prohibitions on the use of designated property

(a)

In general

For fiscal year 2024 and each fiscal year thereafter, none of the funds appropriated or otherwise made available to the Department of Homeland Security or the Department of State may be used to allow a vessel loaded or previously held at a port, harbor, or marine terminal that is designated by the Secretary of Homeland Security as a prohibited property under section 2(1) of this Act to—(1)import into the United States any good, ware, article, merchandise, or other freight;(2)release into the United States any good, ware, article, merchandise, or other freight;(3)dock any passenger vessel in the United States;(4)release into the United States any passengers from a passenger vessel; or(5)dry dock, complete repair work, refurbish, victual, refuel, or conduct any other servicing or maintenance-related activities.(b)

Prohibition on government activities or salaries

For fiscal year 2024 and each fiscal year thereafter, none of the funds appropriated or otherwise made available to the Department of Homeland Security or the Department of State shall be available for any activity or for paying the salary of any Government employee in the case in which funding the activity or paying the salary to a Government employee would result in a determination, regulation, or policy that would limit or impede the enforcement of subsection (a) of this section.

4.

Reports to Congress

Not later than 1 year after the date of the enactment of this Act, and each year thereafter—(1)the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on—(A)the number of prohibited property designations made by the Secretary under section 2(1) of this Act;(B)the number of freight vessels that were prevented from importing or releasing any goods, wares, articles, merchandise, or other freight into the United States under the prohibition in section 3 of this Act;(C)the number of passenger vessels that were prevented from docking or releasing passengers into the United States under the prohibition in section 3 of this Act; and(D)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;(2)the United States Trade Representative shall submit to the appropriate congressional committees a report on—(A)the number of foreign trade partner governments that have—(i)nationalized, forcibly limited, or expropriated land owned, held, or controlled directly or indirectly by a United States person that is necessary to access a port, harbor, marine terminal, or relevant port infrastructure;(ii)repudiated or nullified any contract, permit, concession, easement, or similar authorization with a United States person related to land necessary to access a port, harbor, marine terminal, or relevant port infrastructure; and(iii)taken any other action which has the effect of seizing ownership or control of the land owned, held, or controlled directly or indirectly by a United States person that is necessary to access a port, harbor, marine terminal, or relevant port infrastructure; and(B)the impact of the actions described in subparagraph (A) on the existing trade relationship between the United States and any such foreign trade partner;(3)the Director of National Intelligence shall submit to the appropriate congressional committees a report on—(A)the national security implications of actions by foreign trade partners to—(i)nationalize, forcibly limit, or expropriate land owned, held, or controlled directly or indirectly by a United States person that is necessary to access a port, harbor, marine terminal, or relevant port infrastructure;(ii)repudiate or nullify any contract, permit, concession, easement, or similar authorization with a United States person related to land necessary to access a port, harbor, marine terminal, or relevant port infrastructure; and(iii)seize ownership or control of land owned, held, or controlled directly or indirectly by a United States person that is necessary to access a port, harbor, marine terminal, or relevant port infrastructure; and(B)the impact of the actions described in subparagraph (A) on the national security assessment of any such foreign trade partner; and(4)the Secretary of State shall submit to the appropriate congressional committees a report on—(A)the economic implications of actions by foreign trade partners to—(i)nationalize, forcibly limit, or expropriate land owned, held, or controlled directly or indirectly by a United States person that is necessary to access a port, harbor, marine terminal, or relevant port infrastructure;(ii)repudiate or nullify any contract, permit, concession, easement, or similar authorization with a United States person related to land necessary to access a port, harbor, marine terminal, or relevant port infrastructure; and(iii)seize ownership or control of land owned, held, or controlled directly or indirectly by a United States person that is necessary to access a port, harbor, marine terminal, or relevant port infrastructure; and(B)the impact of the actions described in subparagraph (A) on the economic assessment of the investment climate of any such foreign trade partner.

5.

Definitions

For the purposes of this Act:(1)

Appropriate congressional committees

The term appropriate congressional committees means—(A)in the House of Representatives—(i)the Committee on Homeland Security;(ii)the Committee on Foreign Affairs;(iii)the Committee on Ways and Means; and(iv)the Permanent Select Committee on Intelligence; and(B)in the Senate—(i)the Committee on Homeland Security and Governmental Affairs;(ii)the Committee on Foreign Relations;(iii)the Committee on Finance; and(iv)the Committee on Intelligence.(2)

Foreign trade partner

The term foreign trade partner means a Western Hemisphere country that is party to an active free trade agreement with the United States;(3)

Passenger vessel

The term passenger vessel means a vessel that—(A)is authorized to carry at least 250 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;(4)

Prohibited property

The term prohibited property means any ports, marine terminals, or harbors that—(A)are located within the territory of a foreign trade partner;(B)are only accessible by land that is owned, held, or controlled directly or indirectly by a United States person; and(C)the departments, agencies, or officials of such trade partner have on or after January 1, 2024—(i)nationalized, forcibly limited, or expropriated the land owned, held, or controlled directly or indirectly by a United States person that is necessary to access the port, harbor, marine terminal, or relevant port infrastructure;(ii)repudiated or nullified any contract, permit, concession, easement, or similar authorization with a United States person related to the land necessary to access the port, harbor, marine terminal, or relevant port infrastructure; or(iii)taken any other action which has the effect of seizing ownership or control of the land owned, held, or controlled directly or indirectly by a United States person that is necessary to access the port, harbor, marine terminal, or relevant port infrastructure;(5)

Relevant port infrastructure

The term relevant port infrastructure means—(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; and(F)offices, facilities, and other buildings used for the administration and security of the port or harbor; and(6)

United states person

The term United States person means a United States citizen or corporation, partnership, or association at least 50 percent beneficially owned by United States citizens.