Section 1 Short title
This Act may be cited as the “Sanctioning Harmful Illicit Exploitation of Labor and Dependents Act” or “SHIELD Act”.
Sanctioning Harmful Illicit Exploitation of Labor and Dependents Act
A BILL
To impose sanctions with respect to any foreign person employing forced labor or child labor in the cobalt mining sector of a foreign country.
Sec. 2 Sense of Congress
It is the sense of Congress that—
forced labor and illegal exploitation of child labor in some of the most dangerous work in the world is a grievous human rights abuse;
reports by journalists, the Department of Labor, and nongovernmental organizations overwhelmingly indicate that there is widespread forced labor and child labor in the cobalt mining sectors of foreign countries; and
the United States should impose economic costs on foreign entities that utilize forced labor and child labor in the cobalt mining sectors of foreign countries.
Sec. 3 Sanctions
Authorization— The President shall impose the sanctions described in subsection (b) with respect to any foreign person employing forced labor or child labor in the cobalt mining sector of a foreign country.
Sanctions described— The sanctions described in this subsection are the following:
Asset blocking— Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise of all powers granted to the President by that Act 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.
Aliens inadmissible for visas, admission, or parole—
Visas, admission, or parole— In the case of an alien subject to sanctions pursuant to subsection (a), the alien is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked—
In general— The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation was issued.
Immediate effect— A revocation under clause (i) shall—
take effect in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)); and
cancel any other valid visa or entry documentation that is in the alien’s possession.
Exceptions—
Exception to comply with international obligations— Sanctions under subsection (b)(2) shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
Exception relating to the provision of humanitarian assistance— Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for—
the sale of agricultural commodities, food, medicine, or medical devices;
the provision of humanitarian assistance;
financial transactions relating to humanitarian assistance; or
transporting goods or services that are necessary to carry out operations relating to humanitarian assistance.
Implementation; penalties—
Implementation— The President may exercise all 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 carry out this section.
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 regulations promulgated to carry out this section to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act.
Waiver— The President may waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is important to the national security interests of the United States.
Sunset— The authority to impose sanctions under this section shall terminate on the date that is seven years after the date of the enactment of this Act.
Definitions— In this section—
the term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate;
the term “foreign person” means an individual or entity that is not a United States person; and
the term “United States person” means—
a United States citizen;
a permanent resident alien of the United States;
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or
a person in the United States.