Defending American Property Abroad Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7084 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7084

  To amend title 46, United States Code, with respect to the types of 
  vessels that may enter or operate in navigable waters of the United 
States or transfer cargo in any port or place under the jurisdiction of 
               the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2026

 Mr. Pfluger (for himself, Mr. Carbajal, Ms. Sewell, Mr. Mann, and Mr. 
   Edwards) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To amend title 46, United States Code, with respect to the types of 
  vessels that may enter or operate in navigable waters of the United 
States or transfer cargo in any port or place under the jurisdiction of 
               the United States, 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 of 2026''.

SEC. 2. CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES.

    Section 70022 of title 46, United States Code, is amended--
            (1) in subsection (a)(2)(A)--
                    (A) in clause (i)--
                            (i) by striking ``subsection (b)(1)'' and 
                        inserting ``subsection (b)(1)(A)''; and
                            (ii) in subclause (II) by striking ``; or'' 
                        and inserting a semicolon;
                    (B) in clause (ii)--
                            (i) by striking ``subsection (b)(2)'' and 
                        inserting ``subsection (b)(1)(B)''; and
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) vessel described in subsection 
                        (b)(1) in the case of--
                                    ``(I) an emergency being 
                                experienced by a vessel or an 
                                individual on the vessel; or
                                    ``(II) a vessel authorized by the 
                                owner, as described in subsection 
                                (b)(1)(C)(ii), to transit the 
                                facilities described in subsection 
                                (b)(1)(C).''; and
            (2) in subsection (b)--
                    (A) in paragraph (1) by inserting ``the'' before 
                ``Federal Register'';
                    (B) in paragraph (2) by striking the period at the 
                end and inserting ``; or'';
                    (C) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B);
                    (D) by striking ``A vessel referred'' and inserting 
                the following:
            ``(1) In general.--A vessel referred''; and
                    (E) by adding at the end the following:
                    ``(C) a vessel that has transited a port, harbor, 
                or marine terminal, that at the time of such transit--
                            ``(i) was located within the territory of a 
                        Western Hemisphere country that has in effect a 
                        free trade agreement with the United States;
                            ``(ii) was accessible only through land 
                        that is owned, held, or controlled, directly or 
                        indirectly, by a United States person; and
                            ``(iii) was designated by the President 
                        under paragraph (2), and has not had such 
                        designation removed under paragraph (3).
            ``(2) Designation.--The President may designate a port, 
        harbor, or marine terminal under this subsection if an agency 
        or official of the government of the Western Hemisphere foreign 
        trade partner has--
                    ``(A) nationalized, or expropriated the port, 
                harbor, or marine terminal, owned, held, or controlled, 
                directly or indirectly, by a United States person; or
                    ``(B) taken any other action that has the effect of 
                expropriating or nationalizing that port, harbor, or 
                marine terminal, or land providing the exclusive access 
                to that port, harbor, or marine terminal, as described 
                in paragraph (1)(C)(ii), as long as the matter is not 
                the subject of a currently pending arbitration under a 
                free trade agreement described in paragraph (1)(C)(i).
            ``(3) Removal of designation.--The President shall remove 
        the designation of a port, harbor, or marine terminal made 
        under paragraph (2) if the President determines that--
                    ``(A) the conditions set forth in paragraph (2) are 
                no longer met;
                    ``(B) the Western Hemisphere country has returned 
                the property of the United States person and terminated 
                any measures that had the effect of seizing ownership 
                of that property;
                    ``(C) the Western Hemisphere country has provided 
                adequate and effective compensation for such property 
                in convertible foreign exchange or other mutually 
                acceptable compensation equivalent to the full value 
                thereof, as required by international law; or
                    ``(D) the dispute has otherwise been resolved to 
                the satisfaction of the President.''.
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