[Congressional Record Volume 167, Number 205 (Monday, November 29, 2021)]
[Senate]
[Page S8784]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4845. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 3867 proposed by Mr. Reed 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. IMPOSITION OF SANCTIONS WITH RESPECT TO CHINESE 
                   AND RUSSIAN COMPANIES THAT SIGN CONTRACTS OR 
                   OTHERWISE DO BUSINESS WITH THE TALIBAN IN 
                   STRATEGIC RESOURCE SECTORS.

       (a) In General.--The President shall impose the sanctions 
     described in subsection (b) with respect to any covered 
     foreign entity that, on or after the date of the enactment of 
     this Act--
       (1) signs a contract with the Taliban with respect to a 
     strategic resource sector; or
       (2) otherwise agrees to do business with the Taliban in a 
     strategic resource sector.
       (b) Sanctions.--
       (1) Blocking of property.--
       (A) In general.--The President shall exercise all of the 
     powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
     extent necessary to block and prohibit all transactions in 
     property and interests in property of a covered foreign 
     entity described in subsection (a) 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.
       (B) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of any regulation, license, or order 
     issued to carry out subparagraph (A) to the same extent that 
     such penalties apply to a person that commits an unlawful act 
     described in subsection (a) of that section.
       (C) Implementation.--The President may exercise all 
     authorities under sections 203 and 205 of the International 
     Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to 
     carry out this paragraph.
       (2) Inclusion on entity list.--The President shall include 
     any covered foreign entity described in subsection (a) on the 
     entity list maintained by the Bureau of Industry and Security 
     and set forth in Supplement No. 4 to part 744 of title 15, 
     Code of Federal Regulations.
       (c) Definitions.--In this section:
       (1) Covered foreign entity.--The term ``covered foreign 
     entity'' means--
       (A) an entity organized under the laws of the People's 
     Republic of China or the Russian Federation, including any 
     jurisdiction within either such country; or
       (B) a significant subsidiary (as defined in section 210.1-
     02(w) of title 17, Code of Federal Regulations, or successor 
     regulations) of an entity described in subparagraph (A).
       (2) Critical mineral.--The term ``critical mineral'' means 
     a critical mineral--
       (A) included in the final list of critical minerals 
     published by the Secretary of the Interior in the Federal 
     Register on May 18, 2018 (83 Fed. Reg. 23295); or
       (B) as defined in section 7002(a) of the Energy Act of 2020 
     (30 U.S.C. 1606(a)).
       (3) Strategic resource sector.--The term ``strategic 
     resource sector'' means a sector of the economy relating to 
     trade or investment in any critical mineral.
       (4) United states person.--the term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     to the United States for permanent residence; and
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States (including any 
     foreign branch of such an entity).
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