S.Amdt. 4358

SA 4358. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed 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 title XII, add the following:

Subtitle H--Sanctions and Other Measures Relating to the Taliban

SEC. 1291. SHORT TITLE.

This subtitle may be cited as the ``Preventing the
Recognition of Terrorist States Act of 2021''.

SEC. 1292. 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. 1293. PROHIBITION ON ACTIONS RECOGNIZING THE ISLAMIC
EMIRATE OF AFGHANISTAN.

(a) In General.--In furtherance of the policy set forth in
section 1292, 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

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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. 1294. 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. 1295. 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. 1296. 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. 1297. 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. 1298. 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. 1299. 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. 1299A. 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
1298 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. 1299B. 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. 1299C. 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

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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. 1299D. 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.
______