[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3980. Mr. CARDIN (for himself and Mr. Wicker) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS
WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.
(a) Definitions.--Section 1262 of the Global Magnitsky
Human Rights Accountability Act (Subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note) is amended by
striking paragraph (2) and inserting the following:
``(2) Immediate family member.--The term `immediate family
member', with respect to a foreign person, means the spouse,
parent, sibling, or adult child of the person.''.
(b) Sense of Congress.--The Global Magnitsky Human Rights
Accountability Act (Subtitle F of title XII of Public Law
114-328; 22 U.S.C. 2656 note) is amended by inserting after
section 1262 the following new section:
``SEC. 1262A. SENSE OF CONGRESS.
``It is the sense of Congress that the President should
establish and regularize information sharing and sanctions-
related decision making with like-minded governments
possessing human rights and anti-corruption sanctions
programs similar in nature to those authorized under this
subtitle.''.
(c) Imposition of Sanctions.--
(1) In general.--Subsection (a) of section 1263 of the
Global Magnitsky Human Rights Accountability Act (Subtitle F
of title XII of Public Law 114-328; 22 U.S.C. 2656 note) is
amended to read as follows:
``(a) In General.--The President may impose the sanctions
described in subsection (b) with respect to--
``(1) any foreign person that the President determines,
based on credible information--
``(A) is responsible for or complicit in, or has directly
or indirectly engaged in, serious human rights abuse;
``(B) is a current or former government official, or a
person acting for or on behalf of such an official, who is
responsible for or complicit in, or has directly or
indirectly engaged in--
``(i) corruption, including--
``(I) the misappropriation of state assets;
``(II) the expropriation of private assets for personal
gain;
``(III) corruption related to government contracts or the
extraction of natural resources; or
``(IV) bribery; or
``(ii) the transfer or facilitation of the transfer of the
proceeds of corruption;
``(C) is or has been a leader or official of--
``(i) an entity, including a government entity, that has
engaged in, or whose members have engaged in, any of the
activities described in subparagraph (A) or (B) related to
the tenure of the leader or official; or
``(ii) an entity whose property and interests in property
are blocked pursuant to this section as a result of
activities related to the tenure of the leader or official;
``(D) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of--
``(i) an activity described in subparagraph (A) or (B) that
is conducted by a foreign person;
``(ii) a person whose property and interests in property
are blocked pursuant to this section; or
``(iii) an entity, including a government entity, that has
engaged in, or whose members have engaged in, an activity
described in subparagraph (A) or (B) conducted by a foreign
person; or
``(E) is owned or controlled by, or has acted or been
purported to act for or on behalf of, directly or indirectly,
a person whose property and interests in property are blocked
pursuant to this section; and
``(2) any immediate family member of a person described in
paragraph (1).''.
(2) Consideration of certain information.--Subsection
(c)(2) of such section is amended by inserting ``corruption
and'' after ``monitor''.
(3) Requests by congress.--Subsection (d) of such section
is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``subsection (a)'' and inserting ``subsection (a)(1)''; and
(ii) in subparagraph (B)(i), by inserting ``or an immediate
family member of the person''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by striking ``human rights
violations'' and inserting ``serious human rights abuse'';
and
(II) by striking ``described in paragraph (1) or (2) of
subsection (a)'' and inserting ``described in subsection
(a)(1) relating to serious human rights abuse''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``described in paragraph (3) or (4) of subsection (a)'' and
inserting ``described in subsection (a)(1) relating to
corruption or the transfer or facilitation of the transfer of
the proceeds of corruption''; and
(II) by striking ``ranking member of'' and all that follows
through the period at the end and inserting ``ranking member
of one of the appropriate congressional committees''.
(4) Termination of sanctions.--Subsection (g) of such
section is amended, in the matter preceding paragraph (1), by
inserting ``and the immediate family members of that person''
after ``a person''.
(d) Reports to Congress.--Section 1264(a) of the Global
Magnitsky Human Rights Accountability Act (Subtitle F of
title XII of Public Law 114-328; 22 U.S.C. 2656 note) is
amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) A description of additional steps taken by the
President through diplomacy, international engagement, and
assistance to foreign or security sectors to address
persistent underlying causes of serious human rights abuse
and corruption in each country in which foreign persons with
respect to which sanctions have been imposed under section
1263 are located.''.
(e) Repeal of Sunset.--Section 1265 of the Global Magnitsky
Human Rights Accountability Act (Subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note) is repealed.
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