S.Amdt. 4445

SA 4445. Mr. KENNEDY 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 B of title XII, add the following:

SEC. 1216. IMPOSITION OF SANCTIONS WITH RESPECT TO
TRANSACTIONS INVOLVING AFGHANISTAN'S RARE EARTH
MINERALS.

(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to each foreign
person the President determines engages, on or after the date
of the enactment of this Act, in any transaction involving
rare earth minerals mined or otherwise extracted in
Afghanistan.
(b) Sanctions Described.--The sanctions to be imposed under
subsection (a) with respect to a foreign person are the
following:
(1) Blocking of property.--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.--The visa or other entry documentation of
an alien described in subsection (a) shall be revoked,
regardless of when such 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 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 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) National Security Waiver.--The President may waive the
imposition of sanctions under subsection (a) with respect to
a foreign person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
notification of the waiver and the reasons for the waiver.
(e) Exceptions.--
(1) Intelligence activities.--This section shall not apply
with respect to activities 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) Law enforcement activities.--Sanctions under this
section shall not apply with respect to any authorized law
enforcement activities of the United States.
(3) Exception to comply with international agreements.--
Subsection (b)(2) shall not apply with respect to the
admission of an alien to the United States if such admission
is necessary to comply with the obligations of the United
States under 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, under the Convention on
Consular Relations, done at Vienna April 24, 1963, and
entered into force March 19, 1967, or under other
international agreements.
(4) Exception relating to importation of goods.--
(A) In general.--The authority or a requirement to impose
sanctions 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.
(f) Report Required.--The Secretary of State shall submit
to the appropriate congressional committees a report on the
supply of rare earth minerals in Afghanistan during the
period after the Taliban gained control of Afghanistan.
(g) 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) 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.
(3) Foreign person.--The term ``foreign person'' means any
individual or entity that is not a United States person.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
to the United States for permanent residence; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States.
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