[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5088 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5088
To prohibit the importation into, or transit through, the United States
of any mineral, or product produced with minerals, from Afghanistan,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 24, 2021
Mr. Gosar (for himself, Mr. Stauber, and Mr. Westerman) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Foreign Affairs, 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 prohibit the importation into, or transit through, the United States
of any mineral, or product produced with minerals, from Afghanistan,
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 ``Stopping Terrorist Minerals Trade
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Funds derived from the sale of minerals in Afghanistan
will be used by the Taliban and its allies to finance terrorist
and military activities, overthrow legitimate governments,
subvert international efforts to promote peace and stability,
and commit horrifying atrocities against unarmed civilians.
(2) The United States spent 20 years and two trillion
dollars to attempt to bring peace and international comity to
Afghanistan, only to see the Taliban supported by other
international actors overthrow the legal government in a matter
of hours.
(3) The United States spent tens of millions of dollars
funding critical mineral surveys and mineral exploration to
help build an alternative economy for the legitimate peaceful
Government of Afghanistan and that data has now fallen into the
hands of the Taliban and its allies.
(4) Prohibiting the Taliban and its allies from profiting
from the use of these mineral resources will ensure that
threats to international peace and security posed by the
Taliban will not be funded with these minerals.
SEC. 3. DEFINITIONS.
In this Act:
(1) Mineral.--The term ``mineral'' means any mined
material.
(2) United states.--The term ``United States'', when used
in the geographic sense, means the several States, the District
of Columbia, and any commonwealth, territory, or possession of
the United States.
(3) United states person.--The term ``United States
person'' means--
(A) any United States citizen or any alien admitted
for permanent residence into the United States;
(B) any entity organized under the laws of the
United States or any jurisdiction within the United
States (including its foreign branches); and
(C) any person in the United States.
SEC. 4. MEASURES TO PROHIBIT THE IMPORTATION INTO, OR TRANSIT THROUGH,
THE UNITED STATES OF MINERALS AND PRODUCTS PRODUCED WITH
MINERALS FROM AFGHANISTAN.
(a) Prohibition.--The President shall prohibit the importation
into, or transit through, the United States of any mineral, or product
produced with minerals, from Afghanistan.
(b) Waiver.--The President may waive the requirements set forth in
subsection (a) with respect to the importation of any mineral, or
product produced with minerals, from Afghanistan for periods of not
more than 1 year each, if, with respect to each such waiver the
President determines and reports to the appropriate congressional
committees that--
(1) such mineral was mined, or such product was produced,
prior to August 16, 2021;
(2) the waiver is in the national interests of the United
States, together with the reasons therefor; or
(3) a fair, free, and democratic government has control of
Afghanistan and is not funding, supporting, or engaging in
global terrorism.
(c) Measures To Prevent Circumvention.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and semi-annually thereafter, the
President shall develop and maintain a list of countries
engaged in the trade of minerals with Afghanistan.
(2) Recordkeeping.--Any United States person seeking to
import into the United States any mineral, or product produced
with minerals, from a country on the list of countries required
under paragraph (1) shall keep a full record of, in the form of
reports, blockchain, or otherwise, complete information
relating to the mineral, or product produced with minerals,
including source, volume, and nation of origin. The President
may require such person to furnish such information under oath,
including the production of books of account, records,
contracts, letters, memoranda, or other papers, in the custody
or control of such person.
(3) Oversight.--The President shall require the heads of
appropriate Federal departments and agencies to conduct annual
reviews of the standards, practices, and procedures of United
States persons seeking to import into the United States any
mineral, or product produced with minerals, from a country on
the list of countries required under paragraph (1) to determine
whether such standards, practices, and procedures are in
accordance with the prohibition on the importation into, or
transit through, the United States of any mineral, or product
produced with minerals, from Afghanistan required under
subsection (a).
SEC. 5. STATEMENT OF POLICY.
It is the policy of the United States to promote and facilitate
the adoption by the international community of measures similar to the
measures to prohibit the importation into, or transit through, the
United States of minerals and products produced with minerals from
Afghanistan as described in section 4 in order to prevent the funding
of terrorist activities by the Taliban.
SEC. 6. ENFORCEMENT.
(a) In General.--In addition to the enforcement provisions set
forth in subsection (b)--
(1) a civil penalty of not to exceed $10,000,000 may be
imposed on any person who violates, or attempts to violate, any
license, order, or regulation issued under this Act; and
(2) whoever willfully violates, or willfully attempts to
violate, any license, order, or regulation issued under this
Act shall, upon conviction, be fined not more than $50,000,000,
or, if a natural person, may be imprisoned for not more than 10
years, or both, and any officer, director, or agent of any
corporation who willfully participates in such violation may be
punished by a like fine, imprisonment, or both.
(b) Import Violations.--Those customs laws of the United States,
both civil and criminal, including those laws relating to seizure and
forfeiture, that apply to articles imported in violation of such laws
shall apply with respect to any mineral, or product produced with
minerals, imported in violation of this Act.
SEC. 7. TECHNICAL ASSISTANCE.
The President may direct the appropriate departments and agencies
of the United States Government to make available technical assistance
to countries seeking to track, monitor, or enforce the requirements of
the Act.
SEC. 8. OVERSIGHT COORDINATING COMMITTEE.
(a) In General.--The President shall establish an Oversight
Coordinating Committee to coordinate the implementation of this Act.
(b) Membership.--The Committee shall be composed of the following
individuals or their designees:
(1) The Secretary of the Treasury and the Secretary of
State, who shall be co-chairpersons.
(2) The Secretary of Commerce.
(3) The Secretary of Defense.
(4) The United States Trade Representative.
(5) The Secretary of Homeland Security.
(6) A representative of any other agency the President
deems appropriate.
SEC. 9. REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and every 12 months thereafter for such period
as this Act is in effect, the President shall transmit to the Congress
a report on the implementation of this Act.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) An identification of countries on the list of countries
required by section 4(c)(1) and description of actions taken by
such countries with respect to the trade of minerals with
Afghanistan and potential uses of products produced with
minerals from Afghanistan.
(2) A description of whether there is statistical
information or other evidence to indicate efforts to circumvent
the prohibition on the importation into, or transit through,
the United States of any mineral, or product produced with
minerals, from Afghanistan under section 4(a).
(3) An identification of any problems or obstacles
encountered in the implementation of this Act.
SEC. 10. GAO REPORT.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Congress a report on the effectiveness of the
provisions of this Act in preventing the importation of minerals or
products produced with minerals from Afghanistan.
(b) Matters To Be Included.--The Comptroller General shall include
in the report any recommendations on any modifications to this Act that
may be necessary.
SEC. 11. REGULATORY AND OTHER AUTHORITIES; DELEGATION OF AUTHORITIES.
(a) Regulatory and Other Authorities.--The President is authorized
to and shall issue such proclamations, regulations, licenses, and
orders, and conduct such investigations, as may be necessary to carry
out this Act.
(b) Delegation of Authorities.--The President may delegate the
duties and authorities under this Act to such officers, officials,
departments, or agencies of the United States Government as the
President deems appropriate.
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