,,ii #aagth ,,congress #ast ,session ,s4 #bgde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ad1 #bjba,mr4 ,rubio 7for himself1 ,mr4 ,tuberville1 ,mr4 ,sullivan1 ,mr4 ,tillis1 ,mrs4 ,capito1 and ,ms4 ,lummis7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose sanctions and other measures with respect to the ,taliban1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing the ,recognition of ,terrorist ,states ,act of #bjba4 #b4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to continue to recognize the democratically elected government of the ,islamic ,republic of ,afghanistan as the legitimate ,government of ,afghanistan2 7#b7 to not recognize the ,islamic ,emirate of ,afghanistan1 which is controlled by the ,taliban1 as the official ,government of ,afghanistan under any circumstances2 7#c7 to view the ,taliban's takeover of ,afghanistan as a coup d'tat and therefore illegitimate2 7#d7 to recognize that individuals designated as terrorists by the ,united ,states1 such as ,sirajuddin ,haqqani1 will play a key role in the ,taliban regime2 and 7#e7 to continue to assist the people of ,afghanistan1 especially people at risk as a result of their activities1 beliefs1 religion1 or political views4 #c4 ,prohibition on actions recognizing the ,islamic ,emirate of ,afghanistan 7a7 ,in general ,in furtherance of the policy set forth in section #b1 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 ,afghanistan4 7b7 ,funding limitation ,notwithstanding any other provision of law1 no ,federal funds appropriated or otherwise made available for the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 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 policy1 guidance1 regulation1 notice1 or ,executive order1 or to otherwise implement1 administer1 or enforce any policy1 that extends diplomatic recognition to the ,islamic ,emirate of ,afghanistan4 #d4 ,designation of ,islamic ,emirate of ,afghanistan as a state sponsor of terrorism 7a7 ,in general ,the ,secretary of ,state shall designate the ,islamic ,emirate of ,afghanistan as a state sponsor of terrorism4 7b7 ,state sponsor of terrorism defined ,in this section1 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 terrorism1 for purposes of-- 7#a7 section #aged7;c77#a77;,a77i7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c77#a77;,a77i772 7#b7 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga72 7#c7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7#d7 any other provision of law4 #e4 ,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 #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 #f4 ,determinations with respect to narcotics trafficking and money laundering by the ,taliban ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to ,congress a report that includes-- 7#a7 a determination of whether the ,taliban should be designated as-- 7,a7 a significant foreign narcotics trafficker 7as defined in section #hjh of the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aijg772 or 7,b7 a significant transnational criminal organization under ,executive ,order #aceha 7#ej ,u4,s4,c4 #agja note2 relating to blocking property of transnational criminal organizations72 and 7#b7 a determination of whether ,afghanistan1 while under the control of the ,taliban1 should be designated as a high-risk jurisdiction subject to a call for action 7commonly referred to as the black list7 under the criteria established for such designation by the ,financial ,action ,task ,force4 #g4 ,assessment of whether rare earth metals exported from ,afghanistan violate prohibition on importation of goods made with forced labor ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall-- 7#a7 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 #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg72 and 7#b7 consider issuing a withhold release order with respect to such metals and goods to prevent such metals and goods from entering the ,united ,states4 #h4 ,report on diplomatic relations of the ,taliban and supporters of the ,taliban ,not later than #abj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall submit to ,congress a report that-- 7#a7 describes the ,taliban's relations with ,iran1 the ,russian ,federation1 ,pakistan1 ,saudi ,arabia1 the ,united ,arab ,emirates1 ,tajikistan1 ,uzbekistan1 and the ,people's ,republic of ,china2 7#b7 identifies each foreign person that knowingly assists1 provides significant support or services to1 or is involved in a significant transaction with1 a senior member of the ,taliban or a supporter of the ,taliban2 and 7#c7 assesses-- 7,a7 the likelihood that the countries referred to in paragraph 7#a7 will seek to invest in ,afghanistan's key natural resources2 and 7,b7 the impact of such investments on the national security of the ,united ,states4 #i4 ,report on safe harbor provided to terrorist organizations by ,pakistan ,not later than #abj days after the date of the enactment of this ,act1 and annually thereafter1 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-- 7#a7 designated by the ,secretary of ,state as foreign terrorist organizations under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi72 and 7#b7 designated as a specially designated global terrorist organizations under ,executive ,order #acbbd 7#ej ,u4,s4,c4 #agja note2 relating to blocking property and prohibiting transactions with persons who commit1 threaten to commit1 or support terrorism74 #aj4 ,imposition of sanctions with respect to supporters of the ,taliban 7a7 ,in general ,the ,president shall impose #b or more of the sanctions described in subsection 7b7 with respect to each foreign person identified under paragraph 7#b7 of section #h in the most recent report submitted under that section4 7b7 ,sanctions described ,the sanctions that may be imposed with respect to a foreign person under subsection 7a7 are the following3 7#a7 ,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 guarantee1 insurance1 extension of credit1 or participation in the extension of credit in connection with the export of any goods or services to the foreign person4 7#b7 ,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-- 7,a7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 7,b7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 7,c7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 or 7,d7 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 services4 7#c7 ,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 #aj1jjj1jjj in any #ab-month period4 7#d7 ,blocking of property of identified persons ,the ,president may exercise all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7c7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise the authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to the extent necessary to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7d7 ,exceptions 7#a7 ,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 #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any authorized intelligence activities of the ,united ,states4 7#b7 ,exception relating to importation of goods 7,a7 ,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 goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply1 or manufactured product1 including inspection and test equipment1 and excluding technical data4 7e7 ,definitions ,in this section3 7#a7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#b7 ,united states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 #aa4 ,repeal of exception to sanctions with respect to energy1 shipping1 and shipbuilding sectors of ,iran relating to ,afghanistan reconstruction ,subsection 7f7 of section #abdd of the ,iran ,freedom and ,counter-,proliferation ,act of #bjab 7#bb ,u4,s4,c4 #hhjc7 is repealed4 #ab4 ,limitation on humanitarian assistance that could benefit foreign terrorist organizations 7a7 ,in general ,before obligating funds described in subsection 7b7 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 #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7 hold territory or wield substantial economic or political power1 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-- 7#a7 any individual1 private or government entity1 or educational institution that the ,secretary knows1 or has reason to believe1 advocates1 plans1 sponsors1 engages in1 or has engaged in1 terrorist activity2 or 7#b7 any private entity or educational institution that has1 as a principal officer or member of the governing board or governing board of trustees of the entity or institution1 any individual who has been determined to be-- 7,a7 involved in or advocating terrorist activity2 or 7,b7 a member of a foreign terrorist organization4 7b7 ,funds described ,funds described in this subsection are funds appropriated under the heading ,economic ,support ,fund1 ,development ,assistance1 ,global ,health1 ,transition ,initiatives1 or ,international ,humanitarian ,assistance in an ,act making appropriations for the ,department of ,state1 foreign operations1 and related programs or making supplemental appropriations4 7c7 ,implementation 7#a7 ,in general ,the ,administrator of the ,united ,states ,agency for ,international ,development shall1 as appropriate-- 7,a7 establish procedures to specify the steps to be taken in carrying out subsection 7a72 and 7,b7 terminate assistance-- 7i7 to any individual1 entity1 or educational institution that the ,secretary has determined to be involved in or advocating terrorist activity2 or 7ii7 that could benefit such an individual1 entity1 or educational institution4 7#b7 ,inclusion of certain entities ,in establishing procedures under paragraph 7#a77;,a7 with respect to steps to be taken to ensure that assistance is not provided to individuals1 entities1 or institutions described in subsection 7a71 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 included4 #ac4 ,restriction on foreign assistance to countries in which coups d'tat have occurred 7a7 ,in general ,none of the funds appropriated or otherwise made available pursuant to an ,act making appropriations for the ,department of ,state1 foreign operations1 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'tat or decree or1 after the date of the enactment of this ,act1 a coup d'tat or decree in which the military plays a decisive role4 7b7 ,resumption of assistance ,assistance described in subsection 7a7 may be resumed to a government described in that subsection if the ,secretary of ,state certifies and reports to ,congress that1 subsequent to the termination of such assistance1 a democratically elected government has taken office4 7c7 ,exception ,the prohibition under subsection 7a7 shall not apply to assistance to promote democratic elections or public participation in democratic processes4 7d7 ,notification procedures ,funds made available pursuant to subsection 7b7 or 7c7 shall be subject to the regular notification procedures of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives4