What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Adds a section
  1. Adds SEC. 1276. IMPOSITION OF SANCTIONS WITH RESPECT TO CHINESE AND RUSSIAN COMPANIES THAT SIGN CONTRACTS OR OTHERWISE DO BUSINESS WITH THE TALIBAN IN STRATEGIC RESOURCE SECTORS at the end of subtitle F of title XII

    Adds a section

    In 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. IMPOSITION OF SANCTIONS WITH RESPECT TO CHINESE AND RUSSIAN COMPANIES THAT SIGN CONTRACTS OR OTHERWISE DO BUSINESS WITH THE TALIBAN IN STRATEGIC RESOURCE SECTORS.

    Inserted: (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to any covered foreign entity that, on or after the date of the enactment of this Act--

    Inserted: (1) signs a contract with the Taliban with respect to a strategic resource sector; or

    Inserted: (2) otherwise agrees to do business with the Taliban in a strategic resource sector.

    Inserted: (b) Sanctions.--

    Inserted: (1) Blocking of property.--

    Inserted: (A) In general.--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 a covered foreign entity described in subsection (a) 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.

    Inserted: (B) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out subparagraph (A) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of that section.

    Inserted: (C) Implementation.--The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this paragraph.

    Inserted: (2) Inclusion on entity list.--The President shall include any covered foreign entity described in subsection (a) on the entity list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations.

    Inserted: (c) Definitions.--In this section:

    Inserted: (1) Covered foreign entity.--The term "covered foreign entity" means--

    Show 9 more inserted paragraphs

    Inserted: (A) an entity organized under the laws of the People's Republic of China or the Russian Federation, including any jurisdiction within either such country; or

    Inserted: (B) a significant subsidiary (as defined in section 210.1-02(w) of title 17, Code of Federal Regulations, or successor regulations) of an entity described in subparagraph (A).

    Inserted: (2) Critical mineral.--The term "critical mineral" means a critical mineral--

    Inserted: (A) included in the final list of critical minerals published by the Secretary of the Interior in the Federal Register on May 18, 2018 (83 Fed. Reg. 23295); or

    Inserted: (B) as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).

    Inserted: (3) Strategic resource sector.--The term "strategic resource sector" means a sector of the economy relating to trade or investment in any critical mineral.

    Inserted: (4) United states person.--the term "United States person" means--

    Inserted: (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; and

    Inserted: (B) an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such an entity).

    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 6285. Mr. MARSHALL 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. IMPOSITION OF SANCTIONS WITH RESPECT TO CHINESE AND RUSSIAN COMPANIES THAT SIGN CONTRACTS OR OTHERWISE DO BUSINESS WITH THE TALIBAN IN STRATEGIC RESOURCE SECTORS.

(a) In General.--The President shall impose the sanctions described in subsection (b) with respect to any covered foreign entity that, on or after the date of the enactment of this Act--

(1) signs a contract with the Taliban with respect to a strategic resource sector; or

(2) otherwise agrees to do business with the Taliban in a strategic resource sector.

(b) Sanctions.--

(1) Blocking of property.--

(A) In general.--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 a covered foreign entity described in subsection (a) 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.

(B) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out subparagraph (A) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of that section.

(C) Implementation.--The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this paragraph.

(2) Inclusion on entity list.--The President shall include any covered foreign entity described in subsection (a) on the entity list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations.

(c) Definitions.--In this section:

(1) Covered foreign entity.--The term “covered foreign entity” means--

(A) an entity organized under the laws of the People's Republic of China or the Russian Federation, including any jurisdiction within either such country; or

(B) a significant subsidiary (as defined in section 210.1-02(w) of title 17, Code of Federal Regulations, or successor regulations) of an entity described in subparagraph (A).

(2) Critical mineral.--The term “critical mineral” means a critical mineral--

(A) included in the final list of critical minerals published by the Secretary of the Interior in the Federal Register on May 18, 2018 (83 Fed. Reg. 23295); or

(B) as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).

(3) Strategic resource sector.--The term “strategic resource sector” means a sector of the economy relating to trade or investment in any critical mineral.

(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; and

(B) an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such an entity).

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Senate amendment submitted

September 29, 2022