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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2745 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 2745

To impose sanctions and other measures with respect to the Taliban, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2021

Mr. Rubio (for himself, Mr. Tuberville, Mr. Sullivan, Mr. Tillis, Mrs. 
 Capito, and Ms. Lummis) introduced the following bill; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To impose sanctions and other measures with respect to the Taliban, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing the Recognition of 
Terrorist States Act of 2021''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to continue to recognize the democratically elected 
        government of the Islamic Republic of Afghanistan as the 
        legitimate Government of Afghanistan;
            (2) to not recognize the Islamic Emirate of Afghanistan, 
        which is controlled by the Taliban, as the official Government 
        of Afghanistan under any circumstances;
            (3) to view the Taliban's takeover of Afghanistan as a coup 
        d'etat and therefore illegitimate;
            (4) to recognize that individuals designated as terrorists 
        by the United States, such as Sirajuddin Haqqani, will play a 
        key role in the Taliban regime; and
            (5) to continue to assist the people of Afghanistan, 
        especially people at risk as a result of their activities, 
        beliefs, religion, or political views.

SEC. 3. PROHIBITION ON ACTIONS RECOGNIZING THE ISLAMIC EMIRATE OF 
              AFGHANISTAN.

    (a) In General.--In furtherance of the policy set forth in section 
2, no Federal department or agency may take any action or extend any 
assistance that states or implies recognition of the Taliban's claim of 
sovereignty over Afghanistan.
    (b) Funding Limitation.--Notwithstanding any other provision of 
law, no Federal funds appropriated or otherwise made available for the 
Department of State, the United States Agency for International 
Development, or the Department of Defense on or after the date of the 
enactment of this Act may be obligated or expended to prepare or 
promulgate any policy, guidance, regulation, notice, or Executive 
order, or to otherwise implement, administer, or enforce any policy, 
that extends diplomatic recognition to the Islamic Emirate of 
Afghanistan.

SEC. 4. DESIGNATION OF ISLAMIC EMIRATE OF AFGHANISTAN AS A STATE 
              SPONSOR OF TERRORISM.

    (a) In General.--The Secretary of State shall designate the Islamic 
Emirate of Afghanistan as a state sponsor of terrorism.
    (b) State Sponsor of Terrorism Defined.--In this section, the term 
``state sponsor of terrorism'' means a country the government of which 
the Secretary of State has determined has repeatedly provided support 
for acts of international terrorism, for purposes of--
            (1) section 1754(c)(1)(A)(i) of the Export Control Reform 
        Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
            (2) section 620A of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2371);
            (3) section 40(d) of the Arms Export Control Act (22 U.S.C. 
        2780(d)); or
            (4) any other provision of law.

SEC. 5. DESIGNATION OF THE TALIBAN AS A FOREIGN TERRORIST ORGANIZATION.

    The Secretary of State shall designate the Taliban as a foreign 
terrorist organization pursuant to section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189).

SEC. 6. DETERMINATIONS WITH RESPECT TO NARCOTICS TRAFFICKING AND MONEY 
              LAUNDERING BY THE TALIBAN.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of State shall submit to Congress a report that 
includes--
            (1) a determination of whether the Taliban should be 
        designated as--
                    (A) a significant foreign narcotics trafficker (as 
                defined in section 808 of the Foreign Narcotics Kingpin 
                Designation Act (21 U.S.C. 1907)); or
                    (B) a significant transnational criminal 
                organization under Executive Order 13581 (50 U.S.C. 
                1701 note; relating to blocking property of 
                transnational criminal organizations); and
            (2) a determination of whether Afghanistan, while under the 
        control of the Taliban, should be designated as a high-risk 
        jurisdiction subject to a call for action (commonly referred to 
        as the ``black list'') under the criteria established for such 
        designation by the Financial Action Task Force.

SEC. 7. ASSESSMENT OF WHETHER RARE EARTH METALS EXPORTED FROM 
              AFGHANISTAN VIOLATE PROHIBITION ON IMPORTATION OF GOODS 
              MADE WITH FORCED LABOR.

    The Commissioner of U.S. Customs and Border Protection shall--
            (1) assess whether the importation of rare earth metals 
        extracted in Afghanistan and goods produced from such metals 
        violates the prohibition on importation of goods made with 
        forced labor under section 307 of the Tariff Act of 1930 (19 
        U.S.C. 1307); and
            (2) consider issuing a withhold release order with respect 
        to such metals and goods to prevent such metals and goods from 
        entering the United States.

SEC. 8. REPORT ON DIPLOMATIC RELATIONS OF THE TALIBAN AND SUPPORTERS OF 
              THE TALIBAN.

    Not later than 120 days after the date of the enactment of this 
Act, and annually thereafter, the Secretary of State shall submit to 
Congress a report that--
            (1) describes the Taliban's relations with Iran, the 
        Russian Federation, Pakistan, Saudi Arabia, the United Arab 
        Emirates, Tajikistan, Uzbekistan, and the People's Republic of 
        China;
            (2) identifies each foreign person that knowingly assists, 
        provides significant support or services to, or is involved in 
        a significant transaction with, a senior member of the Taliban 
        or a supporter of the Taliban; and
            (3) assesses--
                    (A) the likelihood that the countries referred to 
                in paragraph (1) will seek to invest in Afghanistan's 
                key natural resources; and
                    (B) the impact of such investments on the national 
                security of the United States.

SEC. 9. REPORT ON SAFE HARBOR PROVIDED TO TERRORIST ORGANIZATIONS BY 
              PAKISTAN.

    Not later than 120 days after the date of the enactment of this 
Act, and annually thereafter, the Secretary of State shall submit to 
Congress and make available to the public a report that describes the 
actions taken by the Government of Pakistan to provide safe harbor to 
organizations--
            (1) designated by the Secretary of State as foreign 
        terrorist organizations under section 219 of the Immigration 
        and Nationality Act (8 U.S.C. 1189); and
            (2) designated as a specially designated global terrorist 
        organizations under Executive Order 13224 (50 U.S.C. 1701 note; 
        relating to blocking property and prohibiting transactions with 
        persons who commit, threaten to commit, or support terrorism).

SEC. 10. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORTERS OF THE 
              TALIBAN.

    (a) In General.--The President shall impose 2 or more of the 
sanctions described in subsection (b) with respect to each foreign 
person identified under paragraph (2) of section 8 in the most recent 
report submitted under that section.
    (b) Sanctions Described.--The sanctions that may be imposed with 
respect to a foreign person under subsection (a) are the following:
            (1) Export-import bank assistance for exports to sanctioned 
        persons.--The President may direct the Export-Import Bank of 
        the United States not to give approval to the issuance of any 
        guarantee, insurance, extension of credit, or participation in 
        the extension of credit in connection with the export of any 
        goods or services to the foreign person.
            (2) Export sanction.--The President may order the United 
        States Government not to issue any specific license and not to 
        grant any other specific permission or authority to export any 
        goods or technology to the foreign person under--
                    (A) the Export Control Reform Act of 2018 (50 
                U.S.C. 4801 et seq.);
                    (B) the Arms Export Control Act (22 U.S.C. 2751 et 
                seq.);
                    (C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 
                et seq.); or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or reexport of goods or 
                services.
            (3) Loans from united states financial institutions.--The 
        President may prohibit any United States financial institution 
        from making loans or providing credits to the foreign person 
        totaling more than $10,000,000 in any 12-month period.
            (4) Blocking of property of identified persons.--The 
        President may exercise all powers granted to the President by 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.) to the extent necessary to block and prohibit all 
        transactions in all 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.
    (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 this 
        section or any regulation, license, or order issued to carry 
        out this section 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 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) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (2) 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.

SEC. 11. REPEAL OF EXCEPTION TO SANCTIONS WITH RESPECT TO ENERGY, 
              SHIPPING, AND SHIPBUILDING SECTORS OF IRAN RELATING TO 
              AFGHANISTAN RECONSTRUCTION.

    Subsection (f) of section 1244 of the Iran Freedom and Counter-
Proliferation Act of 2012 (22 U.S.C. 8803) is repealed.

SEC. 12. LIMITATION ON HUMANITARIAN ASSISTANCE THAT COULD BENEFIT 
              FOREIGN TERRORIST ORGANIZATIONS.

    (a) In General.--Before obligating funds described in subsection 
(b) for assistance in or for Afghanistan and Pakistan or any other 
country in which organizations designated by the Secretary of State as 
foreign terrorist organizations under section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189) hold territory or wield substantial 
economic or political power, the Administrator of the United States 
Agency for International Development shall take all appropriate steps 
to ensure that such assistance is not provided to or through--
            (1) any individual, private or government entity, or 
        educational institution that the Secretary knows, or has reason 
        to believe, advocates, plans, sponsors, engages in, or has 
        engaged in, terrorist activity; or
            (2) any private entity or educational institution that has, 
        as a principal officer or member of the governing board or 
        governing board of trustees of the entity or institution, any 
        individual who has been determined to be--
                    (A) involved in or advocating terrorist activity; 
                or
                    (B) a member of a foreign terrorist organization.
    (b) Funds Described.--Funds described in this subsection are funds 
appropriated under the heading ``Economic Support Fund'', ``Development 
Assistance'', ``Global Health'', ``Transition Initiatives'', or 
``International Humanitarian Assistance'' in an Act making 
appropriations for the Department of State, foreign operations, and 
related programs or making supplemental appropriations.
    (c) Implementation.--
            (1) In general.--The Administrator of the United States 
        Agency for International Development shall, as appropriate--
                    (A) establish procedures to specify the steps to be 
                taken in carrying out subsection (a); and
                    (B) terminate assistance--
                            (i) to any individual, entity, or 
                        educational institution that the Secretary has 
                        determined to be involved in or advocating 
                        terrorist activity; or
                            (ii) that could benefit such an individual, 
                        entity, or educational institution.
            (2) Inclusion of certain entities.--In establishing 
        procedures under paragraph (1)(A) with respect to steps to be 
        taken to ensure that assistance is not provided to individuals, 
        entities, or institutions described in subsection (a), the 
        Administrator shall ensure that the recipients and 
        subrecipients of assistance from the United States Agency for 
        International Development and their contractors and 
        subcontractors are included.

SEC. 13. RESTRICTION ON FOREIGN ASSISTANCE TO COUNTRIES IN WHICH COUPS 
              D'ETAT HAVE OCCURRED.

    (a) In General.--None of the funds appropriated or otherwise made 
available pursuant to an Act making appropriations for the Department 
of State, foreign operations, and related programs or making 
supplemental appropriations may be obligated or expended to finance 
directly any assistance to the government of any country whose duly 
elected head of government is deposed by military coup d'etat or decree 
or, after the date of the enactment of this Act, a coup d'etat or 
decree in which the military plays a decisive role.
    (b) Resumption of Assistance.--Assistance described in subsection 
(a) may be resumed to a government described in that subsection if the 
Secretary of State certifies and reports to Congress that, subsequent 
to the termination of such assistance, a democratically elected 
government has taken office.
    (c) Exception.--The prohibition under subsection (a) shall not 
apply to assistance to promote democratic elections or public 
participation in democratic processes.
    (d) Notification Procedures.--Funds made available pursuant to 
subsection (b) or (c) shall be subject to the regular notification 
procedures of the Committees on Appropriations of the Senate and the 
House of Representatives.
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