[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8411 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8411

To 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2024

   Mr. 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 concerned

_______________________________________________________________________

                                 A BILL


 
To 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.

    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''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
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