S. 2258 (105th): Sanctions Implementation Procedures Act of 1998

105th Congress, 1997–1998. Text as of Jun 26, 1998 (Introduced).

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S 2258 IS

105th CONGRESS

2d Session

S. 2258

To provide for review on a case-by-case basis of the effectiveness of country sanctions mandated by statute.

IN THE SENATE OF THE UNITED STATES

June 26, 1998

Mr. GLENN introduced the following bill; which was read twice and referred to the Committee on Foreign Relations


A BILL

To provide for review on a case-by-case basis of the effectiveness of country sanctions mandated by statute.

    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 ‘Sanctions Implementation Procedures Act of 1998’.

SEC. 2. PROCEDURES FOR IMPLEMENTATION OF COUNTRY SANCTIONS.

    (a) CIRCUMSTANCES UNDER WHICH SANCTIONS MAY BE DELAYED OR SUBSEQUENTLY IMPOSED-

      (1) AUTHORITY TO DELAY- Notwithstanding any other provision of law and except as otherwise provided in this subsection, the President may delay the initial imposition of a country sanction mandated by statute with respect to a sanctionable activity if the President determines that the delay is necessary--

        (A) to assist in negotiating a cessation by the country of the sanctionable activity; or

        (B) for a review of the potential effectiveness of the sanction in accordance with this section.

      (2) TERMINATION OF DELAY- Except as provided in paragraphs (3) and (4), a delay commenced under paragraph (1) with respect to a country sanction shall terminate, and the country sanction shall be imposed with respect to the sanctionable activity, on the earlier of--

        (A) the date that is 45 days after the date the delay commenced; or

        (B) in the case of a report submitted under subsection (b) that does not contain a recommendation described in subsection (b)(5), on the date of submission of the report.

      (3) EXTENDED DELAY IN CASE OF CONGRESSIONAL REVIEW- In the case of a report submitted under subsection (b) that contains a recommendation described under subsection (b)(5) that a country sanction should not apply with respect to the sanctionable activity, a delay commenced under paragraph (1) with respect to a country sanction shall terminate, and the country sanction shall be imposed with respect to the sanctionable activity, on the date that is 15 session days of Congress after Congress receives the report containing the recommendation unless, within the 15-day period, Congress enacts a joint resolution approving the recommendation of the President that the country sanction should not apply with respect to the sanctionable activity.

      (4) PRESIDENTIAL DISCRETION- The President may subsequently impose at any time a country sanction delayed under paragraph (1) with respect to the same sanctionable activity except in the case of--

        (A) an extended delay under paragraph (3);

        (B) the inapplicability of a country sanction under subsection (c); or

        (C) the removal of a country sanction under subsection (e).

      (5) FEDERAL REGISTER PUBLICATION- The President shall cause notice of a delay in imposition of a country sanction and any subsequent imposition of the country sanction to be published in the Federal Register.

      (6) STATUTORY CONSTRUCTION- Nothing in this subsection authorizes the President to suspend any country sanction in effect as of the date of enactment of this Act.

    (b) INITIAL SANCTION REPORTS- Not later than 45 days after the commencement of a delay under subsection (a), without regard to whether the country sanction is subsequently imposed under subsection (a)(4), the President shall submit a report to Congress setting forth, for the country sanction with respect to the sanctionable activity--

      (1) the objectives of the country sanction delayed;

      (2) the extent of multilateral support, if any, for the imposition of the country sanction;

      (3) the estimated impact on the country to be sanctioned;

      (4) the costs and benefits to the United States of imposing the country sanction, taking into account intangible as well as tangible costs and benefits; and

      (5) if the President so determines, based on the information contained in paragraphs (1) through (5), a recommendation that the country sanction should not apply with respect to a sanctionable activity.

    (c) INAPPLICABILITY OF COUNTRY SANCTIONS- Notwithstanding subsection (a) (2) or (4), a country sanction with respect to which the President has made a recommendation under subsection (b)(5) shall not apply with respect to the sanctionable activity covered by the recommendation if Congress enacts a joint resolution approving the recommendation of the President in accordance with section 3.

    (d) BIENNIAL AND ANNUAL SANCTION REPORTS- Two years after the date of initial imposition of any country sanction mandated by statute, and annually thereafter, the President shall submit a report to Congress setting forth, for the country sanction with respect to the sanctionable activity--

      (1) a summary evaluation of the effectiveness of the country sanction as an instrument of United States foreign policy;

      (2) the objectives of the continued imposition of the country sanction;

      (3) the extent of multilateral support for the continued imposition of the country sanction;

      (4) the estimated impact achieved and likely to continue to be achieved by the country sanction;

      (5) the costs and benefits to the United States of the continued imposition of the country sanction, taking into account intangible as well as tangible costs and benefits; and

      (6) if the President so determines, based on the information contained in paragraphs (1) through (5), a recommendation that the country sanction be removed from application to a sanctioned country with respect to a sanctionable activity.

    (e) REMOVAL OF COUNTRY SANCTIONS- Notwithstanding any other provision of law, a country sanction with respect to which the President has made a recommendation under subsection (c)(6) shall be removed from application to the sanctioned country with respect to the sanctionable activity covered by the recommendation upon the enactment by Congress of a joint resolution approving the recommendation of the President in accordance with section 3.

    (f) EFFECTIVE DATE- This section shall apply with respect to country sanctions required to be commenced on or after the date of enactment of this Act, except that subsections (d) and (e) shall apply--

      (1) in the case where the initial imposition of the sanction occurred less than two years prior to the date of enactment of this Act, on the second anniversary of the initial imposition of the sanction; and

      (2) in the case where the initial imposition of the sanction occurred more than two years prior to the date of enactment of this Act, on the next anniversary of the imposition of the sanction following the date of enactment of this Act.

SEC. 3. PROCEDURES FOR JOINT RESOLUTIONS OF APPROVAL.

    (a) JOINT RESOLUTION DEFINED- For purposes of this section, the term ‘joint resolution’ means--

      (1) in the case of a joint resolution introduced within 5 session days of Congress of receipt by Congress of a report described in section 2(b), only a joint resolution the matter after the resolving clause of which is as follows: ‘That Congress approves the recommendation of the President to not apply the country sanction described in the report submitted

on XX pursuant to section 2(b) of the Sanctions Implementation Procedures Act of 1998 with respect to the sanctionable activity described in the report.’, with the blank filled in with the appropriate date; and

      (2) in the case of a joint resolution introduced within 5 session days of Congress of receipt by Congress of a report described in section 2(d), only a joint resolution the matter after the resolving clause of which is as follows: ‘That Congress approves the recommendation of the President to remove the country sanction described in the report submitted on XX pursuant to section 2(d) of the Sanctions Implementation Procedures Act of 1998 with respect to the sanctionable activity described in the report.’, with the blank filled in with the appropriate date.

    (b) REFERRAL OF RESOLUTIONS- A resolution described in subsection (a) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on International Relations of the House of Representatives.

    (c) DISCHARGE OF COMMITTEES- If the committee to which is referred a resolution described in subsection (a) has not reported such resolution (or an identical resolution) at the end of 5 session days of Congress after its introduction, the committee shall be deemed to be discharged from further consideration of the resolution and the resolution shall be placed on the appropriate calendar of the House involved.

    (d) MOTIONS TO PROCEED TO THE CONSIDERATION OF THE RESOLUTIONS- Whenever the committee to which a resolution is referred has reported, or has been deemed to be discharged from further consideration of, a resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain unfinished business of the respective House until disposed of.

    (e) TIME FOR DEBATE- Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 8 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.

    (f) VOTE ON FINAL PASSAGE- Immediately following the conclusion of the debate on a resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.

    (g) APPEALS- Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate.

    (h) TREATMENT OF OTHER HOUSE’S RESOLUTION- If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply:

      (1) The resolution of the other House shall not be referred to a committee.

      (2) With respect to a resolution described in subsection (a) of the House receiving the resolution--

        (A) the procedure in that House shall be the same as if no resolution had been received from the other House; but

        (B) the vote on final passage shall be on the resolution of the other House.

    (i) PRESIDENTIAL VETOES-

      (1) IN GENERAL- Upon receipt of a message from the President returning the joint resolution unsigned to the House of origin and setting further his objections to the joint resolution, the House receiving the message shall immediately enter the objections at large on the journal of that House and the House shall proceed to the immediate reconsideration of the joint resolution the objections of the President to the contrary notwithstanding or of a

motion to proceed to the immediate reconsideration of the joint resolution, or the joint resolution and objections shall lie on the table. Upon receipt of a message of a House transmitting the joint resolution and the objections of the President, the House receiving the message shall proceed to the immediate reconsideration of the joint resolution the objections of the President to the contrary notwithstanding or of a motion to proceed to the immediate reconsideration of the joint resolution, or the joint resolution and objections shall lie on the table. A motion to refer the joint resolution to a committee shall not be in order in either House.

      (2) MOTION TO PROCEED- After the receipt of a message by a House as described in paragraph (1), it is at any time in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the reconsideration of the joint resolution the objections of the President to the contrary notwithstanding. The motion is highly privileged in the House of Representatives and is a question of highest privilege in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the reconsideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of.

      (3) LIMIT ON DEBATE- Debate on reconsideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 8 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to notwithstanding the objections of the President or disagreed to is not in order.

      (4) VOTE TO OVERRIDE VETO- Immediately following the conclusion of the debate on reconsideration of the resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on the question of passage, the objections of the President to the contrary notwithstanding, shall occur.

    (j) RULES OF THE SENATE AND THE HOUSE- This section is enacted by Congress--

      (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such as it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and

      (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

SEC. 4. DEFINITIONS.

    In this Act:

      (1) COUNTRY SANCTION- The term ‘country sanction’ means any prohibition or restriction that is expressly directed to or is applied to, a specific foreign country or government--

        (A) on the use of Federal funds with respect to the foreign country or government; or

        (B) on transactions involving property in which the foreign country or government has any interest.

      (2) MANDATED BY STATUTE- The term ‘mandated by statute’--

        (A) means any direction or requirement expressed in statute; and

        (B) excludes any provision of law conferring discretion or authority upon an officer or employee of the United States, including any authority to exercise a waiver or delay in the implementation of a statutory provision, except that this exclusion does not apply to any provision of law containing a waiver that may only be exercised on grounds more restrictive than a determination that it is in the national interests of the United States to do so.

      (3) INITIAL IMPOSITION- The term ‘initial imposition’ means, with respect to a sanction or sanctions, the first imposition of any sanction with respect to a specific determination made under the statute mandating the sanction.

      (4) SANCTIONABLE ACTIVITY- The term ‘sanctionable activity’ means the conduct of the foreign country or government that is the basis for the imposition of a country sanction mandated by statute.

      (5) SESSION DAY OF CONGRESS- The term ‘session day of Congress’ means any day on which the respective House of Congress is in session.