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Amends U.S. port-entry rules to let certain vessels enter U.S. ports after transiting foreign facilities in limited circumstances, adds an emergency and owner-authorized transit exception, and gives the President authority to designate or remove foreign ports in Western Hemisphere countries that have expropriated U.S.-owned facilities. Also sets out when a vessel that transited such designated facilities is covered by the rule changes. Also establishes the Act’s short title. Other sections contain no substantive provisions in the summary provided.
The bill improves maritime safety and gives the President tools to protect U.S. owners from foreign expropriation while allowing owner-authorized commercial transits, but it risks shipping disruptions, higher consumer costs, diplomatic tensions, delayed remedies for owners, and greater executive-con
Vessel crews and passengers can enter U.S. ports during onboard emergencies, giving them immediate safe refuge and access to medical care.
Vessel operators and maritime businesses can continue commercial transits when facility owners expressly authorize them, helping keep shipping moving and reducing commercial disruption.
U.S. owners of foreign-controlled terminals and other American firms with overseas assets gain a presidential tool to designate foreign ports that expropriate U.S. property—creating leverage to protect American property rights and a clear path to lift restrictions once ownership is restored or adequate compensation is provided.
Vessel operators, importers, and consumers could face restricted port entry for vessels that transited designated ports, disrupting shipping schedules and raising costs for shippers and end consumers.
The general public and businesses that trade with nearby countries could see higher prices or reduced availability of goods if presidential designations provoke diplomatic friction or retaliation from Western Hemisphere nations.
Vessel operators and maritime businesses may face less predictable and less transparent rules because the bill expands executive authority over port-entry decisions, concentrating decision-making in the Executive Branch.
U.S. owners of foreign-controlled terminals may experience delayed protections when the law limits designations while arbitration is pending, prolonging uncertainty and potential financial losses if arbitration is slow.
Establishes the official short title for the Act as the "Defending American Property Abroad Act of 2026."
Amends 46 U.S.C. § 70022(a)(2)(A)(i) by replacing the cross-reference "subsection (b)(1)" with "subsection (b)(1)(A)", and adjusts related punctuation in subclause (II).
Amends 46 U.S.C. § 70022(a)(2)(A)(ii) by replacing the cross-reference "subsection (b)(2)" with "subsection (b)(1)(B)" and modifies end punctuation.
Amends 46 U.S.C. § 70022(a)(2)(A) by adding a new clause (iii) to allow entry of a vessel described in subsection (b)(1) when (I) an emergency is being experienced by the vessel or an individual on board, or (II) the vessel is authorized by the owner (per subsection (b)(1)(C)(ii)) to transit specified facilities.
Redesignates existing subsection (b) paragraphs (1) and (2) as subparagraphs (A) and (B) and adjusts margins accordingly.
Who is affected and how:
Vessel operators and ship masters: Must track and document emergency reasons or owner authorization for transits that previously might have restricted U.S. port entry. They may gain specific, statutory authority to enter U.S. ports after transiting certain foreign facilities in covered circumstances, reducing operational uncertainty in emergencies but adding compliance steps.
U.S. owners of foreign-controlled terminals or facilities: Could be directly affected if their facilities are in countries that expropriate U.S.-owned property; Presidential designation of those ports may change how vessels linked to those facilities are treated on return to U.S. ports. Owners will need to monitor designations and may face reputational, operational, or commercial impacts.
Federal agencies and Executive Branch: Agencies (e.g., Coast Guard, Customs and Border Protection) will implement and enforce the new entry exceptions and must follow Presidential designations. The President gains a clearer statutory tool to respond to foreign expropriations in the Western Hemisphere.
Maritime supply chain, shippers, and port communities: Operational and scheduling uncertainty could be reduced in declared emergency or owner-authorized transit cases, but there is the potential for increased inspections, documentation requirements, or temporary restrictions tied to designations, which could affect cargo flow and costs.
Foreign governments and diplomatic relations: The designation authority is expressly tied to expropriation of U.S. facilities and limited to the Western Hemisphere; using the tool could raise diplomatic tensions with affected countries and require coordination between trade, diplomatic, and national security functions.
Net effect: The bill is targeted and technical—it clarifies and narrows circumstances under which vessels that transited certain foreign facilities can enter U.S. ports, while giving the President a targeted authority to respond to expropriations. It creates new compliance and tracking responsibilities for vessel operators and affected terminal owners and may have diplomatic and trade implications for countries in the Western Hemisphere.
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Referred to the House Committee on Transportation and Infrastructure.
Introduced January 15, 2026 by August Pfluger · Last progress January 15, 2026
Placed on the Union Calendar, Calendar No. 484.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 119-563.
Ordered to be Reported (Amended) by the Yeas and Nays: 36 - 22.
Committee Consideration and Mark-up Session Held