[Congressional Record Volume 172, Number 20 (Wednesday, January 28, 2026)]
[Senate]
[Pages S348-S349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4240. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 7148, making further consolidated 
appropriations for the fiscal year ending September 30,

[[Page S349]]

2026, and for other purposes; which was ordered to lie on the table; as 
follows:

       After section 5019 of division E, insert the following:

     SEC. 5019A. REVIEW OF BILATERAL RELATIONSHIP BETWEEN THE 
                   UNITED STATES AND SOUTH AFRICA.

       (a) Full Review of the Bilateral Relationship.--The 
     President, in consultation with the Secretary of State, the 
     Secretary of Defense, the United States Ambassador to South 
     Africa, and the heads of other departments and agencies that 
     play a substantial role in United States relations with South 
     Africa, shall conduct a comprehensive review of the bilateral 
     relationship between the United States and South Africa.
       (b) Report and Certification.--Not later than 120 days 
     after the date of the enactment of this Act, the President 
     shall submit to the appropriate congressional committees a 
     report that includes the following:
       (1) The findings of the review required by subsection (a).
       (2) A certification, in consultation with the Secretary of 
     State and the Secretary of Defense, explicitly stating 
     whether South Africa has engaged in activities that undermine 
     the national security or foreign policy interests of the 
     United States, together with an unclassified report, 
     including a classified annex as necessary, providing a 
     justification for the determination. The President shall 
     publish the certification in unclassified form.
       (c) Report on Sanctionable Persons.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the President, in consultation 
     with the Secretary of State and the Secretary of the 
     Treasury, shall submit to the appropriate congressional 
     committees a classified report on senior South African 
     government officials and leaders of the African National 
     Congress.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A list of senior South African government officials and 
     leaders of the African National Congress the President 
     determines have engaged in corruption or human rights abuses 
     that would be sufficient, based on credible evidence, to meet 
     the criteria for the imposition of sanctions pursuant to the 
     authorities provided by the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 10101 et seq.).
       (B) With respect to each person included on such list--
       (i) a detailed explanation describing the conduct forming 
     the basis of the person's inclusion on the list; and
       (ii)(I) the expected timeline for sanctions described in 
     subparagraph (A) to be imposed with respect to such person; 
     or
       (II) if the President does not intend to impose sanctions 
     with respect to such person, a detailed justification 
     describing the rationale and legal authorities underlying 
     such negative determination.
       (d) Termination of Eligibility of South Africa for Certain 
     Trade Preferences Programs.--If the President determines and 
     certifies under subsection (b)(2) that South Africa has 
     engaged in activities that undermine the national security or 
     foreign policy interests of the United States, the President 
     shall terminate the eligibility of South Africa for 
     designation as an eligible sub-Saharan African country under 
     section 104 of the African Growth and Opportunity Act (19 
     U.S.C. 3703) or a beneficiary sub-Saharan African country 
     under section 506A of the Trade Act of 1974 (19 U.S.C. 
     2466a).
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______