[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5308-S5309]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5827. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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 G--Imposition of Sanctions With Respect to the Taliban

     SEC. 1281. DEFINITIONS.

       In this subtitle:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (4) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (5) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (6) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a citizen of the United States or an alien lawfully 
     admitted for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such entity.

     SEC. 1282. IMPOSITION OF SANCTIONS WITH RESPECT TO TERRORISM, 
                   HUMAN RIGHTS ABUSES, AND NARCOTICS TRAFFICKING 
                   COMMITTED BY THE TALIBAN AND OTHERS IN 
                   AFGHANISTAN.

       (a) Sanctions Relating to Support for Terrorism.--In 
     addition to authorities 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) under which the President has 
     designating the Taliban and the Haqqani Network as specially 
     designated global terrorist groups and section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189) under which 
     the President has designated the Haqqani Network as a foreign 
     terrorist organization, the President shall impose the 
     sanctions described in subsection (d) with respect to a 
     foreign person, including a member of the Taliban, if the 
     President determines that the person, on or after the date 
     that is 90 days after the date of the enactment of this Act,

[[Page S5309]]

     is knowingly responsible for, complicit in, or has directly 
     or indirectly provided financial, material, or technological 
     support for, or financial or other services in support of, a 
     terrorist group operating in Afghanistan.
       (b) Sanctions Relating to Human Rights Abuses.--The 
     President shall impose the sanctions described in subsection 
     (d) with respect to a foreign person, including a member of 
     the Taliban, if the President determines that the person, on 
     or after the date that is 90 days after the date of the 
     enactment of this Act, is responsible for, complicit in, or 
     has directly or indirectly engaged in, serious human rights 
     abuses in Afghanistan.
       (c) Sanctions Relating to Drug Trafficking.--The President 
     shall impose the sanctions described in subsection (d) with 
     respect to a foreign person, including a member of the 
     Taliban, if the President determines that the person, on or 
     after the date that is 90 days after the date of the 
     enactment of this Act, knowingly--
       (1) plays a significant role in international narcotics 
     trafficking centered in Afghanistan; or
       (2) provides significant financial, material, or 
     technological support for, or significant financial or other 
     services to or in support of, any person described in 
     paragraph (1).
       (d) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Property blocking.--The exercise of 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 foreign person described in 
     subsection (a), (b), or (c) if such property and interests in 
     property are in the United States, come within the United 
     States, or come within the possession or control of a United 
     States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a), (b), or (c) shall be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of 
     any alien described in subsection (a), (b), or (c) is subject 
     to revocation regardless of the issue date of the visa or 
     other entry documentation.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall--

       (I) take effect immediately; and
       (II) cancel any other valid visa or entry documentation 
     that is in the possession of the alien.

     SEC. 1283. SUPPORT FOR MULTILATERAL SANCTIONS WITH RESPECT TO 
                   THE TALIBAN.

       (a) Voice and Vote at United Nations.--The Secretary of 
     State shall use the voice and vote of the United States at 
     the United Nations to maintain the sanctions with respect to 
     the Taliban described in and imposed pursuant to United 
     Nations Security Council Resolution 1988 (2011) and United 
     Nations Security Council Resolution 2255 (2015).
       (b) Engagement With Allies and Partners.--The Secretary of 
     State shall, acting through the Office of Sanctions 
     Coordination established under section 1(h) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(h)), engage with the governments of allies and partners 
     of the United States to promote their use of sanctions with 
     respect to the Taliban, particularly for any support for 
     terrorism, serious human rights abuses, or international 
     narcotics trafficking.

     SEC. 1284. IMPLEMENTATION; PENALTIES.

       (a) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this subtitle.
       (b) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     subtitle or any regulation, license, or order issued to carry 
     out this subtitle 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.
       (c) Briefing on Implementation of Sanctions.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter 
     through December 31, 2026, the Secretary of State and the 
     Secretary of the Treasury shall jointly brief the appropriate 
     congressional committees on the implementation of sanctions 
     under this subtitle.
       (2) Elements.--Each briefing required under paragraph (1) 
     shall include the following:
       (A) A description of the number and identity of foreign 
     persons with respect to which sanctions were imposed under 
     section 1282 during the 90-day period preceding submission of 
     the report.
       (B) A description of the efforts of the United States 
     Government to maintain sanctions with respect to the Taliban 
     at the United Nations pursuant to section 1283(a) during that 
     period.
       (C) A description of the impact of sanctions imposed under 
     section 1282 on the behavior of the Taliban, other groups, 
     and other foreign governments during that period.
       (D) A description of--
       (i) the impact of sanctions imposed under section 1282 on 
     Afghan civilians, particularly women and girls; and
       (ii) the extent to which those sanctions affect the 
     delivery of humanitarian, peacebuilding, education, and other 
     development assistance to the Afghan people.

     SEC. 1285. WAIVERS; EXCEPTIONS; SUSPENSION.

       (a) Waiver.--
       (1) In general.--The President may waive the application of 
     sanctions under this subtitle with respect to a foreign 
     person if the President, not later than 10 days before the 
     waiver is to take effect, determines and certifies to the 
     appropriate congressional committees that such waiver is in 
     the national security interest of the United States.
       (2) Detailed justification.--The President shall submit 
     with each certification in connection with a waiver under 
     paragraph (1) a detailed justification explaining the reasons 
     for the waiver.
       (b) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this subtitle 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 to comply with international obligations and 
     for law enforcement activities.--Sanctions under section 
     1282(d)(2) shall not apply with respect to an alien if 
     admitting or paroling the alien into the United States is 
     necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (3) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions under this subtitle 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.
       (c) Suspension of Sanctions.--
       (1) Suspension.--The Secretary of State, in consultation 
     with the Director of National Intelligence and the Secretary 
     of the Treasury, may suspend the imposition of sanctions 
     under this subtitle if the Secretary of State certifies in 
     writing to the appropriate congressional committees that the 
     Taliban has--
       (A) publicly and privately broken all ties with other 
     terrorist groups, including al Qaeda;
       (B) taken verifiable measures to prevent the use of 
     Afghanistan as a platform for terrorist attacks against the 
     United States or partners or allies of the United States, 
     including by denying sanctuary space, transit of Afghan 
     territory, and use of Afghanistan for terrorist training, 
     planning, or equipping;
       (C) provided humanitarian actors with full, unimpeded 
     access to vulnerable populations throughout Afghanistan 
     without interference or diversion;
       (D) respected freedom of movement, including by 
     facilitating the departure of foreign nationals, applicants 
     for the special immigrant visa program, and other at-risk 
     Afghans by air or land routes, and the safe, voluntary, and 
     dignified return of displaced persons; and
       (E) supported the establishment of an inclusive government 
     of Afghanistan that respects the rule of law, press freedom, 
     and human rights, including the rights of women and girls.
       (2) Report required.--
       (A) In general.--The Secretary of State shall submit to the 
     appropriate congressional committees with any certification 
     under paragraph (1) a report addressing in detail each of the 
     criteria for the suspension of sanctions under paragraph (1).
       (B) Form of report.--Each report submitted under 
     subparagraph (A) shall be submitted in unclassified form.
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