Defending American Property Abroad Act

This bill prohibits the use of U.S. funds to allow vessels that have been loaded or previously held at certain ports, harbors, or marine terminals in Western Hemisphere countries from entering the U.S. if the land needed to access those facilities has been nationalized, forcibly limited, or expropriated from U.S. persons by those countries' governments. It also requires reports to Congress on related actions and impacts.

Sec. 2, Designation of prohibited property: Within 60 days of the bill's enactment, the Secretary of Homeland Security must designate all prohibited property (as defined in Sec. 5) and provide a list to relevant agencies and congressional committees.

Sec. 3, Prohibitions on the use of designated property: Starting in fiscal year 2024 and each year after, no funds for the Department of Homeland Security or State Department may be used to allow a vessel loaded or previously held at a designated prohibited property to import or release goods into the U.S., dock a passenger vessel or release its passengers, or perform servicing or maintenance activities. Also, no funds may be used for any activity or salary that would limit enforcement of these prohibitions.

Sec. 4, Reports to Congress: One year after enactment and annually thereafter, the Secretary of Homeland Security must report on the number of prohibited property designations and vessels prevented from activities under Sec. 3. The U.S. Trade Representative must report on foreign trade partner governments that have nationalized, repudiated contracts, or seized land from U.S. persons, and the impact on trade. The Director of National Intelligence must report on national security implications of such actions. The Secretary of State must report on economic implications of such actions and their impact on the investment climate.

Sec. 5, Definitions: Defines key terms including 'appropriate congressional committees' (specific House and Senate committees), 'foreign trade partner' (a Western Hemisphere country with an active free trade agreement with the U.S.), 'passenger vessel' (a vessel carrying at least 250 passengers with sleeping facilities on a non-coastwise voyage), 'prohibited property' (ports, marine terminals, or harbors in a foreign trade partner's territory accessible only by land owned by a U.S. person that has been nationalized, forcibly limited, or expropriated on or after January 1, 2024), 'relevant port infrastructure' (equipment, roads, docks, moorings, storage structures, and administrative buildings), and 'United States person' (a U.S. citizen or entity at least 50% beneficially owned by U.S. citizens).