[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7881-S7883]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4358. Mr. RUBIO 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 title XII, add the following:

    Subtitle H--Sanctions and Other Measures Relating to the Taliban

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Preventing the 
     Recognition of Terrorist States Act of 2021''.

     SEC. 1292. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to continue to recognize the democratically elected 
     government of the Islamic Republic of Afghanistan as the 
     legitimate Government of Afghanistan;
       (2) to not recognize the Islamic Emirate of Afghanistan, 
     which is controlled by the Taliban, as the official 
     Government of Afghanistan under any circumstances;
       (3) to view the Taliban's takeover of Afghanistan as a coup 
     d'etat and therefore illegitimate;
       (4) to recognize that individuals designated as terrorists 
     by the United States, such as Sirajuddin Haqqani, will play a 
     key role in the Taliban regime; and
       (5) to continue to assist the people of Afghanistan, 
     especially people at risk as a result of their activities, 
     beliefs, religion, or political views.

     SEC. 1293. PROHIBITION ON ACTIONS RECOGNIZING THE ISLAMIC 
                   EMIRATE OF AFGHANISTAN.

       (a) In General.--In furtherance of the policy set forth in 
     section 1292, no Federal department or agency may take any 
     action or extend any assistance that states or implies 
     recognition of the Taliban's claim of sovereignty over 
     Afghanistan.
       (b) Funding Limitation.--Notwithstanding any other 
     provision of law, no Federal funds appropriated or otherwise 
     made available for the Department of State, the United States 
     Agency for International Development, or

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     the Department of Defense on or after the date of the 
     enactment of this Act may be obligated or expended to prepare 
     or promulgate any policy, guidance, regulation, notice, or 
     Executive order, or to otherwise implement, administer, or 
     enforce any policy, that extends diplomatic recognition to 
     the Islamic Emirate of Afghanistan.

     SEC. 1294. DESIGNATION OF ISLAMIC EMIRATE OF AFGHANISTAN AS A 
                   STATE SPONSOR OF TERRORISM.

       (a) In General.--The Secretary of State shall designate the 
     Islamic Emirate of Afghanistan as a state sponsor of 
     terrorism.
       (b) State Sponsor of Terrorism Defined.--In this section, 
     the term ``state sponsor of terrorism'' means a country the 
     government of which the Secretary of State has determined has 
     repeatedly provided support for acts of international 
     terrorism, for purposes of--
       (1) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
       (2) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (3) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (4) any other provision of law.

     SEC. 1295. DESIGNATION OF THE TALIBAN AS A FOREIGN TERRORIST 
                   ORGANIZATION.

       The Secretary of State shall designate the Taliban as a 
     foreign terrorist organization pursuant to section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189).

     SEC. 1296. DETERMINATIONS WITH RESPECT TO NARCOTICS 
                   TRAFFICKING AND MONEY LAUNDERING BY THE 
                   TALIBAN.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of State shall submit to Congress a 
     report that includes--
       (1) a determination of whether the Taliban should be 
     designated as--
       (A) a significant foreign narcotics trafficker (as defined 
     in section 808 of the Foreign Narcotics Kingpin Designation 
     Act (21 U.S.C. 1907)); or
       (B) a significant transnational criminal organization under 
     Executive Order 13581 (50 U.S.C. 1701 note; relating to 
     blocking property of transnational criminal organizations); 
     and
       (2) a determination of whether Afghanistan, while under the 
     control of the Taliban, should be designated as a high-risk 
     jurisdiction subject to a call for action (commonly referred 
     to as the ``black list'') under the criteria established for 
     such designation by the Financial Action Task Force.

     SEC. 1297. ASSESSMENT OF WHETHER RARE EARTH METALS EXPORTED 
                   FROM AFGHANISTAN VIOLATE PROHIBITION ON 
                   IMPORTATION OF GOODS MADE WITH FORCED LABOR.

       The Commissioner of U.S. Customs and Border Protection 
     shall--
       (1) assess whether the importation of rare earth metals 
     extracted in Afghanistan and goods produced from such metals 
     violates the prohibition on importation of goods made with 
     forced labor under section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307); and
       (2) consider issuing a withhold release order with respect 
     to such metals and goods to prevent such metals and goods 
     from entering the United States.

     SEC. 1298. REPORT ON DIPLOMATIC RELATIONS OF THE TALIBAN AND 
                   SUPPORTERS OF THE TALIBAN.

       Not later than 120 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of State 
     shall submit to Congress a report that--
       (1) describes the Taliban's relations with Iran, the 
     Russian Federation, Pakistan, Saudi Arabia, the United Arab 
     Emirates, Tajikistan, Uzbekistan, and the People's Republic 
     of China;
       (2) identifies each foreign person that knowingly assists, 
     provides significant support or services to, or is involved 
     in a significant transaction with, a senior member of the 
     Taliban or a supporter of the Taliban; and
       (3) assesses--
       (A) the likelihood that the countries referred to in 
     paragraph (1) will seek to invest in Afghanistan's key 
     natural resources; and
       (B) the impact of such investments on the national security 
     of the United States.

     SEC. 1299. REPORT ON SAFE HARBOR PROVIDED TO TERRORIST 
                   ORGANIZATIONS BY PAKISTAN.

       Not later than 120 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of State 
     shall submit to Congress and make available to the public a 
     report that describes the actions taken by the Government of 
     Pakistan to provide safe harbor to organizations--
       (1) designated by the Secretary of State as foreign 
     terrorist organizations under section 219 of the Immigration 
     and Nationality Act (8 U.S.C. 1189); and
       (2) designated as a specially designated global terrorist 
     organizations under Executive Order 13224 (50 U.S.C. 1701 
     note; relating to blocking property and prohibiting 
     transactions with persons who commit, threaten to commit, or 
     support terrorism).

     SEC. 1299A. IMPOSITION OF SANCTIONS WITH RESPECT TO 
                   SUPPORTERS OF THE TALIBAN.

       (a) In General.--The President shall impose 2 or more of 
     the sanctions described in subsection (b) with respect to 
     each foreign person identified under paragraph (2) of section 
     1298 in the most recent report submitted under that section.
       (b) Sanctions Described.--The sanctions that may be imposed 
     with respect to a foreign person under subsection (a) are the 
     following:
       (1) Export-import bank assistance for exports to sanctioned 
     persons.--The President may direct the Export-Import Bank of 
     the United States not to give approval to the issuance of any 
     guarantee, insurance, extension of credit, or participation 
     in the extension of credit in connection with the export of 
     any goods or services to the foreign person.
       (2) Export sanction.--The President may order the United 
     States Government not to issue any specific license and not 
     to grant any other specific permission or authority to export 
     any goods or technology to the foreign person under--
       (A) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
     et seq.);
       (B) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
       (C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); 
     or
       (D) any other statute that requires the prior review and 
     approval of the United States Government as a condition for 
     the export or reexport of goods or services.
       (3) Loans from united states financial institutions.--The 
     President may prohibit any United States financial 
     institution from making loans or providing credits to the 
     foreign person totaling more than $10,000,000 in any 12-month 
     period.
       (4) Blocking of property of identified persons.--The 
     President may exercise all powers granted to the President by 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) to the extent necessary to block and prohibit 
     all transactions in all property and interests in property of 
     the foreign person if such property and interests in property 
     are in the United States, come within the United States, or 
     are or come within the possession or control of a United 
     States person.
       (c) Implementation; Penalties.--
       (1) Implementation.--The President may exercise the 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to the extent necessary to carry out 
     this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (d) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under this section shall not include the 
     authority or a requirement to impose sanctions on the 
     importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (e) Definitions.--In this section:
       (1) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (2) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 1299B. REPEAL OF EXCEPTION TO SANCTIONS WITH RESPECT TO 
                   ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF 
                   IRAN RELATING TO AFGHANISTAN RECONSTRUCTION.

       Subsection (f) of section 1244 of the Iran Freedom and 
     Counter-Proliferation Act of 2012 (22 U.S.C. 8803) is 
     repealed.

     SEC. 1299C. LIMITATION ON HUMANITARIAN ASSISTANCE THAT COULD 
                   BENEFIT FOREIGN TERRORIST ORGANIZATIONS.

       (a) In General.--Before obligating funds described in 
     subsection (b) for assistance in or for Afghanistan and 
     Pakistan or any other country in which organizations 
     designated by the Secretary of State as foreign terrorist 
     organizations under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189) hold territory or wield 
     substantial economic or political power, the Administrator of 
     the United States Agency for International Development shall 
     take all appropriate steps to ensure that such assistance is 
     not provided to or through--
       (1) any individual, private or government entity, or 
     educational institution that the Secretary knows, or has 
     reason to believe, advocates, plans, sponsors, engages in, or 
     has engaged in, terrorist activity; or
       (2) any private entity or educational institution that has, 
     as a principal officer or

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     member of the governing board or governing board of trustees 
     of the entity or institution, any individual who has been 
     determined to be--
       (A) involved in or advocating terrorist activity; or
       (B) a member of a foreign terrorist organization.
       (b) Funds Described.--Funds described in this subsection 
     are funds appropriated under the heading ``Economic Support 
     Fund'', ``Development Assistance'', ``Global Health'', 
     ``Transition Initiatives'', or ``International Humanitarian 
     Assistance'' in an Act making appropriations for the 
     Department of State, foreign operations, and related programs 
     or making supplemental appropriations.
       (c) Implementation.--
       (1) In general.--The Administrator of the United States 
     Agency for International Development shall, as appropriate--
       (A) establish procedures to specify the steps to be taken 
     in carrying out subsection (a); and
       (B) terminate assistance--
       (i) to any individual, entity, or educational institution 
     that the Secretary has determined to be involved in or 
     advocating terrorist activity; or
       (ii) that could benefit such an individual, entity, or 
     educational institution.
       (2) Inclusion of certain entities.--In establishing 
     procedures under paragraph (1)(A) with respect to steps to be 
     taken to ensure that assistance is not provided to 
     individuals, entities, or institutions described in 
     subsection (a), the Administrator shall ensure that the 
     recipients and subrecipients of assistance from the United 
     States Agency for International Development and their 
     contractors and subcontractors are included.

     SEC. 1299D. RESTRICTION ON FOREIGN ASSISTANCE TO COUNTRIES IN 
                   WHICH COUPS D'ETAT HAVE OCCURRED.

       (a) In General.--None of the funds appropriated or 
     otherwise made available pursuant to an Act making 
     appropriations for the Department of State, foreign 
     operations, and related programs or making supplemental 
     appropriations may be obligated or expended to finance 
     directly any assistance to the government of any country 
     whose duly elected head of government is deposed by military 
     coup d'etat or decree or, after the date of the enactment of 
     this Act, a coup d'etat or decree in which the military plays 
     a decisive role.
       (b) Resumption of Assistance.--Assistance described in 
     subsection (a) may be resumed to a government described in 
     that subsection if the Secretary of State certifies and 
     reports to Congress that, subsequent to the termination of 
     such assistance, a democratically elected government has 
     taken office.
       (c) Exception.--The prohibition under subsection (a) shall 
     not apply to assistance to promote democratic elections or 
     public participation in democratic processes.
       (d) Notification Procedures.--Funds made available pursuant 
     to subsection (b) or (c) shall be subject to the regular 
     notification procedures of the Committees on Appropriations 
     of the Senate and the House of Representatives.
                                 ______