S.Amdt. 4240

SA 4240. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 7148, making further consolidated
appropriations for the fiscal year ending September 30,

[[Page S349]]

2026, and for other purposes; which was ordered to lie on the table; as
follows:

After section 5019 of division E, insert the following:

SEC. 5019A. REVIEW OF BILATERAL RELATIONSHIP BETWEEN THE
UNITED STATES AND SOUTH AFRICA.

(a) Full Review of the Bilateral Relationship.--The
President, in consultation with the Secretary of State, the
Secretary of Defense, the United States Ambassador to South
Africa, and the heads of other departments and agencies that
play a substantial role in United States relations with South
Africa, shall conduct a comprehensive review of the bilateral
relationship between the United States and South Africa.
(b) Report and Certification.--Not later than 120 days
after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees a
report that includes the following:
(1) The findings of the review required by subsection (a).
(2) A certification, in consultation with the Secretary of
State and the Secretary of Defense, explicitly stating
whether South Africa has engaged in activities that undermine
the national security or foreign policy interests of the
United States, together with an unclassified report,
including a classified annex as necessary, providing a
justification for the determination. The President shall
publish the certification in unclassified form.
(c) Report on Sanctionable Persons.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President, in consultation
with the Secretary of State and the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a classified report on senior South African
government officials and leaders of the African National
Congress.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A list of senior South African government officials and
leaders of the African National Congress the President
determines have engaged in corruption or human rights abuses
that would be sufficient, based on credible evidence, to meet
the criteria for the imposition of sanctions pursuant to the
authorities provided by the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.).
(B) With respect to each person included on such list--
(i) a detailed explanation describing the conduct forming
the basis of the person's inclusion on the list; and
(ii)(I) the expected timeline for sanctions described in
subparagraph (A) to be imposed with respect to such person;
or
(II) if the President does not intend to impose sanctions
with respect to such person, a detailed justification
describing the rationale and legal authorities underlying
such negative determination.
(d) Termination of Eligibility of South Africa for Certain
Trade Preferences Programs.--If the President determines and
certifies under subsection (b)(2) that South Africa has
engaged in activities that undermine the national security or
foreign policy interests of the United States, the President
shall terminate the eligibility of South Africa for
designation as an eligible sub-Saharan African country under
section 104 of the African Growth and Opportunity Act (19
U.S.C. 3703) or a beneficiary sub-Saharan African country
under section 506A of the Trade Act of 1974 (19 U.S.C.
2466a).
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
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