S.Amdt. 4367

SA 4367. 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 subtitle E of title XII, add the following:

SEC. 1253. IMPOSITION OF SANCTIONS WITH RESPECT TO
ESTABLISHMENT OR MAINTENANCE OF MILITARY
INSTALLATIONS OF PEOPLE'S LIBERATION ARMY.

(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to each foreign
person that the President determines facilitates the
establishment or maintenance of a military installation of
the People's Liberation Army outside of the People's Republic
of China.
(b) Sanctions Described.--The sanctions to be imposed under
subsection (a) with respect to a foreign person described in
that subsection are the following:
(1) Asset blocking.--The President shall exercise 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 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.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a) is--
(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.--An alien described in subsection (a) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--

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

(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
subsection (b)(1) or any regulation, license, or order issued
to carry out that subsection 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 to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(b)(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 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) 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) Foreign person.--The term ``foreign person'' means any
person that is not a United States person.
(3) 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.
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