[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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