[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2745 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2745
To impose sanctions and other measures with respect to the Taliban, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2021
Mr. Rubio (for himself, Mr. Tuberville, Mr. Sullivan, Mr. Tillis, Mrs.
Capito, and Ms. Lummis) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions and other measures with respect to the Taliban, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing the Recognition of
Terrorist States Act of 2021''.
SEC. 2. 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. 3. PROHIBITION ON ACTIONS RECOGNIZING THE ISLAMIC EMIRATE OF
AFGHANISTAN.
(a) In General.--In furtherance of the policy set forth in section
2, 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 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 8 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. 11. 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. 12. 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 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. 13. 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.
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