Defending American Property Abroad Act of 2026

Bill Number

H.R. 7084

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Transportation and Public Works

Status

Passed House

Latest Action

2026-04-02: Received in the Senate.

Last Updated

2026-06-11T23:41:28Z

AI-Generated Summary

Purpose

The Defending American Property Abroad Act of 2026 (H.R. 7084) amends U.S. shipping law (46 U.S.C. § 70022) to protect U.S.-owned ports and related facilities abroad. It allows the President to designate certain foreign facilities that have been seized by foreign governments and creates exceptions so vessels using those facilities can still enter U.S. ports under specific conditions.

Key Provisions

• Presidential Designation Authority:
• The President may designate a port, harbor, or marine terminal in a Western Hemisphere country (Americas region) with a free trade agreement (FTA) with the U.S. if the foreign government has nationalized or expropriated (taken over without fair compensation) the facility or its exclusive access land owned by a U.S. person (individual or company).
• Designation applies only if no arbitration (formal dispute resolution) is pending under the FTA.
• Removal of Designation:
• The President must remove the designation if:
• The seizure conditions end.
• Ownership is restored to the U.S. owner.
• Fair compensation is provided (in cash or equivalent value, per international law).
• The dispute is resolved to the President's satisfaction.
• Vessel Entry Exceptions:
• Vessels that transited (passed through) a designated facility can enter U.S. navigable waters or transfer cargo at U.S. ports only in:
• Emergencies affecting the vessel or people on board.
• Cases authorized by the U.S. owner of the facility's access land.

Significant Changes to Existing Law

• Updates 46 U.S.C. § 70022(a)(2)(A) to add a new exception (clause iii) for vessels using designated facilities in limited cases.
• Restructures § 70022(b) to include the new vessel category under paragraph (1)(C), expanding exceptions to prior rules that likely restricted vessels based on foreign port calls.

Potential Impacts

• Government Agencies: Empowers the President (and potentially agencies like the Coast Guard or State Department) to enforce designations, monitor compliance, and manage shipping access.
• Citizens/Businesses: Helps U.S. port owners recover value from seized property by enabling continued vessel traffic; supports U.S. shipping firms by avoiding blanket bans on vessels using those routes.
• International Relations: Pressures FTA partners (e.g., Mexico, Canada, Central/South American nations) to resolve property disputes, potentially straining trade ties but upholding U.S. demands for fair treatment under international law.

Main Stakeholders Affected

• U.S. Property Owners: Direct beneficiaries if their seized facilities are designated.
• Shipping Companies and Vessels: Gain limited access to U.S. ports despite foreign transits.
• Western Hemisphere FTA Governments: Face U.S. sanctions via designations if they seize property.
• U.S. Taxpayers/Consumers: Indirect effects on shipping costs and supply chains.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces international norms requiring prompt, adequate, and effective compensation for expropriations; integrates with FTA dispute mechanisms but allows U.S. unilateral action.
• Constitutional: Grants broad executive discretion to the President without congressional oversight on designations, potentially raising separation-of-powers questions.
• Political: Serves as a targeted tool against foreign seizures without broad tariffs, balancing trade commitments with property rights protection.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Pfluger, August [R-TX-11]

Cosponsors (7)

Rep. Carbajal, Salud O. [D-CA-24], Rep. Sewell, Terri A. [D-AL-7], Rep. Mann, Tracey [R-KS-1], Rep. Edwards, Chuck [R-NC-11], Rep. McGuire, John J. [R-VA-5], Rep. Moore, Barry [R-AL-1], Rep. Strong, Dale W. [R-AL-5]

Recent Actions

• 2026-04-02: Received in the Senate.
• 2026-03-27: Motion to reconsider laid on the table Agreed to without objection.
• 2026-03-27: On passage Passed by the Yeas and Nays: 247 - 164 (Roll no. 105). (text of amendment in the nature of a substitute: CR H2783) (Roll call 105)
• 2026-03-27: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 247 - 164 (Roll no. 105). (Roll call 105)
• 2026-03-27: The previous question was ordered pursuant to the rule.
• 2026-03-27: DEBATE - The House proceeded with one hour of debate on H.R. 7084.
• 2026-03-27: Rule provides for consideration of H.R. 8029, H. Res. 1128, H.R. 5103 and H.R. 7084. The resolution provides for consideration of H.R. 8029, H. Res. 1128, H.R. 5103, and H.R. 7084 under a closed rule with one hour of general debate on each measure. The resolution provides for one motion to recommit on H.R. 8029, H.R. 5103, and H.R. 7084.
• 2026-03-27: Considered under the provisions of rule H. Res. 1131. (consideration: CR H2782-2788)
• 2026-03-25: Rule H. Res. 1131 passed House.
• 2026-03-24: Rules Committee Resolution H. Res. 1131 Reported to House. Rule provides for consideration of H.R. 8029, H. Res. 1128, H.R. 5103 and H.R. 7084. The resolution provides for consideration of H.R. 8029, H. Res. 1128, H.R. 5103, and H.R. 7084 under a closed rule with one hour of general debate on each measure. The resolution provides for one motion to recommit on H.R. 8029, H.R. 5103, and H.R. 7084.
• 2026-03-20: Placed on the Union Calendar, Calendar No. 484.
• 2026-03-20: Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 119-563.
• 2026-03-20: Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 119-563.
• 2026-01-21: Ordered to be Reported (Amended) by the Yeas and Nays: 36 - 22.
• 2026-01-21: Committee Consideration and Mark-up Session Held

Bill Versions

• Defending American Property Abroad Act of 2026 — issued 2026-03-27 — PDF (6 pages)
• Defending American Property Abroad Act of 2026 — issued 2026-01-15 — PDF (5 pages)
• Defending American Property Abroad Act of 2026 — issued 2026-03-20 — PDF (8 pages)

Related Bills

• H.Res. 1131 (119th Congress)