Section 1 Short title
This Act may be cited as the “Defending American Property Abroad Act”.
Defending American Property Abroad Act
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.
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—
designate all prohibited property, as defined in section 5 of this Act; and
provide a list of all prohibited property designated pursuant to paragraph (1) to—
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
the appropriate congressional committees.
Sec. 3 Prohibitions on the use of designated property
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—
import into the United States any good, ware, article, merchandise, or other freight;
release into the United States any good, ware, article, merchandise, or other freight;
dock any passenger vessel in the United States;
release into the United States any passengers from a passenger vessel; or
dry dock, complete repair work, refurbish, victual, refuel, or conduct any other servicing or maintenance-related activities.
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—
the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on—
the number of prohibited property designations made by the Secretary under section 2(1) of this Act;
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;
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
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;
the United States Trade Representative shall submit to the appropriate congressional committees a report on—
the number of foreign trade partner governments that have—
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;
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
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
the impact of the actions described in subparagraph (A) on the existing trade relationship between the United States and any such foreign trade partner;
the Director of National Intelligence shall submit to the appropriate congressional committees a report on—
the national security implications of actions by foreign trade partners to—
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;
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
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
the impact of the actions described in subparagraph (A) on the national security assessment of any such foreign trade partner; and
the Secretary of State shall submit to the appropriate congressional committees a report on—
the economic implications of actions by foreign trade partners to—
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;
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
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
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:
Appropriate congressional committees— The term “appropriate congressional committees” means—
in the House of Representatives—
the Committee on Homeland Security;
the Committee on Foreign Affairs;
the Committee on Ways and Means; and
the Permanent Select Committee on Intelligence; and
in the Senate—
the Committee on Homeland Security and Governmental Affairs;
the Committee on Foreign Relations;
the Committee on Finance; and
the Committee on Intelligence.
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;
Passenger vessel— The term “passenger vessel” means a vessel that—
is authorized to carry at least 250 passengers;
has onboard sleeping facilities for each passenger;
is on a voyage that embarks or disembarks passengers; and
is not engaged in a coastwise voyage;
Prohibited property— The term “prohibited property” means any ports, marine terminals, or harbors that—
are located within the territory of a foreign trade partner;
are only accessible by land that is owned, held, or controlled directly or indirectly by a United States person; and
the departments, agencies, or officials of such trade partner have on or after January 1, 2024—
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;
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
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;
Relevant port infrastructure— The term “relevant port infrastructure” means—
conveyors and other equipment used to load or unload freight or passenger vessels;
roads and pathways used to load or unload freight or passenger vessels;
docks and piers used to load or unload freight or passenger vessels;
moorings, dolphins, or other structures used for anchoring freight or passenger vessels;
silos, domes, or other structures used for the storage of any good, ware, article, merchandise, or other freight; and
offices, facilities, and other buildings used for the administration and security of the port or harbor; and
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.