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[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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Trade.
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