S.Amdt. 5566
What it does: Adds SEC. 1276. MODIFICATIONS TO SANCTIONS WITH RESPECT TO HUMAN RIGHTS VIOLATIONS at the end of subtitle F of title XIIWhat it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds SEC. 1276. MODIFICATIONS TO SANCTIONS WITH RESPECT TO HUMAN RIGHTS VIOLATIONS at the end of subtitle F of title XII
Adds a sectionIn S.Amdt. 5499 as proposed
(2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Inserted: SEC. 1276. MODIFICATIONS TO SANCTIONS WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.
Inserted: (a) Sense of Congress.--
Inserted: (1) In general.--The Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.) is amended by inserting after section 1262 the following:
Inserted: "SEC. 1262A. SENSE OF CONGRESS.
Inserted: "It is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle.".
Inserted: (2) Clerical amendment.--The table of contents in section 2(b) and in title XII of division A of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) are each amended by inserting after the items relating to section 1262 the following:
Inserted: "Sec. 1262A. Sense of Congress.".
Inserted: (b) Imposition of Sanctions.--
Inserted: (1) In general.--Section 1263(a) of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10102) is amended by striking paragraphs (2) through (4) and inserting the following:
Inserted: "(2) is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in--
Inserted: "(A) corruption, including--
Inserted: "(i) the misappropriation of state assets;
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Inserted: "(ii) the expropriation of private assets for personal gain;
Inserted: "(iii) corruption related to government contracts or the extraction of natural resources; or
Inserted: "(iv) bribery; or
Inserted: "(B) the transfer or facilitation of the transfer of the proceeds of corruption;
Inserted: "(3) is or has been a leader or official of--
Inserted: "(A) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in paragraph (1) or (2) related to the tenure of the leader or official; or
Inserted: "(B) an entity whose property and interests in property are blocked pursuant to this section as a result of activities related to the tenure of the leader or official;
Inserted: "(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of--
Inserted: "(A) an activity described in paragraph (1) or (2) that is conducted by a foreign person;
Inserted: "(B) a person whose property and interests in property are blocked pursuant to this section; or
Inserted: "(C) an entity, including a government entity, that has engaged in, or whose members have engaged in, an activity described in paragraph (1) or (2) conducted by a foreign person; or
Inserted: "(5) is owned or controlled by, or has acted or been purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to this section.".
Inserted: (2) Consideration of certain information.--Subsection (c)(2) of such section is amended by inserting "corruption and" after "monitor".
Inserted: (3) Requests by congress.--Subsection (d)(2) of such section is amended to read as follows:
Inserted: "(2) Requirements.--A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.".
Inserted: (c) Reports to Congress.--Section 1264(a) of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10103(a)) is amended--
Inserted: (1) in paragraph (5), by striking "; and" and inserting a semicolon;
Inserted: (2) in paragraph (6), by striking the period at the end and inserting a semicolon; and
Inserted: (3) by adding at the end the following:
Inserted: "(7) a description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of conduct giving rise to the imposition of sanctions under this section, as amended on or after the date of the enactment of this paragraph, in each country in which foreign persons with respect to which such sanctions have been imposed are located; and
Inserted: "(8) a description of additional steps taken by the President to ensure the pursuit of judicial accountability in appropriate jurisdictions with respect to foreign persons subject to sanctions under this section.".
Original wording
At the end of subtitle F of title XII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5566. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 F of title XII, add the following:
SEC. 1276. MODIFICATIONS TO SANCTIONS WITH RESPECT TO HUMAN RIGHTS VIOLATIONS.
(a) Sense of Congress.--
(1) In general.--The Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.) is amended by inserting after section 1262 the following:
“SEC. 1262A. SENSE OF CONGRESS.
“It is the sense of Congress that the President should establish and regularize information sharing and sanctions-related decision making with like-minded governments possessing human rights and anti-corruption sanctions programs similar in nature to those authorized under this subtitle.”.
(2) Clerical amendment.--The table of contents in section 2(b) and in title XII of division A of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) are each amended by inserting after the items relating to section 1262 the following:
“Sec. 1262A. Sense of Congress.”.
(b) Imposition of Sanctions.--
(1) In general.--Section 1263(a) of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10102) is amended by striking paragraphs (2) through (4) and inserting the following:
“(2) is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in--
“(A) corruption, including--
“(i) the misappropriation of state assets;
“(ii) the expropriation of private assets for personal gain;
“(iii) corruption related to government contracts or the extraction of natural resources; or
“(iv) bribery; or
“(B) the transfer or facilitation of the transfer of the proceeds of corruption;
“(3) is or has been a leader or official of--
“(A) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in paragraph (1) or (2) related to the tenure of the leader or official; or
“(B) an entity whose property and interests in property are blocked pursuant to this section as a result of activities related to the tenure of the leader or official;
“(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of--
“(A) an activity described in paragraph (1) or (2) that is conducted by a foreign person;
“(B) a person whose property and interests in property are blocked pursuant to this section; or
“(C) an entity, including a government entity, that has engaged in, or whose members have engaged in, an activity described in paragraph (1) or (2) conducted by a foreign person; or
“(5) is owned or controlled by, or has acted or been purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to this section.”.
(2) Consideration of certain information.--Subsection (c)(2) of such section is amended by inserting “corruption and” after “monitor”.
(3) Requests by congress.--Subsection (d)(2) of such section is amended to read as follows:
“(2) Requirements.--A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.”.
(c) Reports to Congress.--Section 1264(a) of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10103(a)) is amended--
(1) in paragraph (5), by striking “; and” and inserting a semicolon;
(2) in paragraph (6), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
“(7) a description of additional steps taken by the President through diplomacy, international engagement, and assistance to foreign or security sectors to address persistent underlying causes of conduct giving rise to the imposition of sanctions under this section, as amended on or after the date of the enactment of this paragraph, in each country in which foreign persons with respect to which such sanctions have been imposed are located; and
“(8) a description of additional steps taken by the President to ensure the pursuit of judicial accountability in appropriate jurisdictions with respect to foreign persons subject to sanctions under this section.”.
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Senate amendment submitted
September 21, 2022