[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1161 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1161

    To establish procedures for the consideration and enactment of 
unilateral economic sanctions legislation and for the use of authority 
                     to impose sanctions under law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

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

_______________________________________________________________________

                                 A BILL


 
    To establish procedures for the consideration and enactment of 
unilateral economic sanctions legislation and for the use of authority 
                     to impose sanctions under law.

    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 ``Economic Sanctions Reform Act of 
1999''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to establish an effective framework 
for the consideration and enactment of unilateral economic sanctions 
legislation and for the use of sanctions in order to ensure strong and 
effective use of sanctions in pursuit of United States national 
interests while minimizing the associated adverse effects and costs 
imposed on United States businesses, exporters, farmers, and workers.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) New unilateral economic sanctions law.--The term ``new 
        unilateral economic sanctions law'' means any law, or provision 
        of law, enacted on or after the date of enactment of this Act, 
        that authorizes or requires, under specified circumstances, the 
        implementation by the United States of a unilateral economic 
        sanction.
            (2) New unilateral economic sanctions legislation.--The 
        term ``new unilateral economic sanctions legislation'' means 
        any bill, joint resolution, amendment, or conference report 
        that--
                    (A) is introduced, reported to, or laid before a 
                House of Congress on or after the date of enactment of 
                this Act; and
                    (B) if enacted into law, would authorize or 
                require, under specified circumstances, the 
                implementation by the United States of a unilateral 
                economic sanction.
            (3) Unilateral economic sanction.--The term ``unilateral 
        economic sanction'' means--
                    (A) any measure taken by the United States that is 
                designed to advance United States foreign policy or 
                national security interests and that constrains--
                            (i) the economic activities of United 
                        States or foreign persons, entities, or 
                        countries;
                            (ii) United States Government programs or 
                        benefits that would otherwise be available; or
                            (iii) the policy advanced by the executive 
                        branch in an international financial 
                        institution; and
                    (B) does not include any obligation or 
                responsibility of the United States under an 
                international agreement or other international regime.

SEC. 4. GUIDELINES FOR NEW UNILATERAL ECONOMIC SANCTIONS LEGISLATION.

    Any new unilateral economic sanctions legislation should--
            (1) contain a statement of the foreign policy or national 
        security objective of the United States that the legislation is 
        intended to achieve;
            (2) provide authority for the President to refrain from 
        imposing, or taking any action that would result in the 
        imposition of, or to suspend or terminate, any sanction 
        provided for in the legislation, if the President determines 
        that such a course of action is in the national interest of the 
        United States;
            (3) provide for contract sanctity, unless the President 
        determines, in the context of imposing any particular sanction 
        provided for in the legislation, that contract sanctity would 
        detract from the effectiveness of the sanction;
            (4) authorize the President to take into account the effect 
        of any sanction provided for in the legislation on persons and 
        entities that are not responsible for the conduct that the 
        sanctions seek to address and to target any such sanction as 
        narrowly as appropriate;
            (5) not restrict--
                    (A) humanitarian or human rights assistance;
                    (B) the export of any agricultural commodity or 
                product or medicine, or any program facilitating such 
                an export; or
                    (C) assistance for any activity undertaken to 
                change the conduct the sanction is intended to target,
        unless the President determines that doing so in the context of 
        imposing any particular sanction provided for in the 
        legislation would be in the national interest of the United 
        States; and
            (6) provide that not later than the anniversary of the date 
        of initial imposition of any sanction provided for in the 
        legislation, and annually thereafter, the President shall 
        review the sanction and submit a report to Congress setting 
        forth--
                    (A) an evaluation of the effectiveness to date of 
                the sanction as an instrument of United States foreign 
                policy or national security;
                    (B) an evaluation of the likely effectiveness of 
                the continued imposition of the sanction;
                    (C) the objectives of the continued imposition of 
                the sanction;
                    (D) the extent of multilateral support for the 
                continued imposition of the sanction and the extent to 
                which such support has been sought;
                    (E) the costs and gains to the United States of 
                continued imposition of the sanction, taking into 
                consideration the factors described in section 5(b) of 
                this Act; and
                    (F) any determination that may have been made to 
                exercise the authorities of section 8 of this Act.

SEC. 5. GUIDELINES FOR CONGRESSIONAL CONSIDERATION OF NEW UNILATERAL 
              ECONOMIC SANCTIONS LEGISLATION.

    (a) In considering new unilateral economic sanctions legislation, 
Congress should--
            (1) ensure that there is available complete information 
        about the projected costs and gains to the United States 
        national interests of taking any decision under the legislation 
        and of imposing any unilateral economic sanction provided for 
        in the legislation through appropriate mechanisms, including 
        providing an opportunity for the President to submit a report 
        assessing such costs and gains;
            (2) take into account the extent to which the United States 
        has international legal obligations with which the proposed 
        legislation may conflict;
            (3) take into account the extent to which the sanction 
        provided for in the proposed legislation are consistent with 
        other sanctions provisions already in force or under 
        consideration by Congress; and
            (4) take into account the administrative costs of 
        implementing the proposed legislation.
    (b) Costs and Gains.--The cost and gains referred to in subsection 
(a)(1) include the following:
            (1) The likelihood that each sanction provided for in the 
        legislation will achieve its stated objective within a 
        reasonable period of time.
            (2) The importance to United States national interests of 
        achieving the stated objective of each sanction.
            (3) The likely impact of each sanction provided for in the 
        legislation on--
                    (A) humanitarian conditions, including the impact 
                on conditions in any specific country on which the 
                sanction provided for in the legislation could be 
                imposed;
                    (B) humanitarian activities of nongovernmental 
                organizations;
                    (C) relations with United States allies;
                    (D) other United States national security or 
                foreign policy interests; and
                    (E) any country or entity other than that on which 
                the sanction provided for in the legislation could be 
                imposed.
            (4) Diplomatic and other steps the United States has taken 
        to accomplish the intended objectives of the proposed 
        legislation.
            (5) The likelihood of multilateral adoption of measures 
        comparable to those provided for in the proposed legislation.
            (6) The extent to which--
                    (A) alternative measures exist to promote the same 
                objectives;
                    (B) imposition of each sanction provided for in the 
                proposed legislation is likely to lead to retaliation 
                against United States interests; and
                    (C) imposition of each sanction provided for in the 
                legislation could harm the interests of United States 
                business, agriculture, and consumers, as well as the 
                international reputation of the United States as a 
                reliable supplier of products, technology, agricultural 
                commodities, financial institutions, and services, 
                including financial services.

SEC. 6. CONGRESSIONAL RULES OF PROCEDURE.

    (a) Floor Consideration in the House of Representatives and the 
Senate.--It shall not be in order in either the House of 
Representatives or the Senate to consider any new unilateral economic 
sanctions legislation unless that legislation contains the matters 
described in sections 4.
    (b) Federal Private Sector Mandate.--
            (1) In general.--Any new unilateral economic sanctions 
        legislation shall be considered to be a Federal private sector 
        mandate for purposes of section 421(7) of the Congressional 
        Budget Act of 1974 (2 U.S.C. 658(7)).
            (2) Report by the congressional budget office.--The report 
        by the Congressional Budget Office pursuant to paragraph (1) 
        shall include an assessment of the likely short-term and long-
        term costs of the proposed sanctions legislation to the United 
        States economy, including--
                    (A) the potential impact on United States trade 
                performance, employment, and growth;
                    (B) the international reputation of the United 
                States as a reliable supplier of products, agricultural 
                commodities, technology, and services; and
                    (C) the economic well-being and international 
                competitive position of United States industries, 
                firms, workers, and communities.
    (c) Rules of the House of Representatives and the Senate.--This 
section is enacted by Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such these 
        rules are deemed a part of the rule of each House, 
        respectively, and they supersede other rules only to the extent 
        that they are inconsistent therewith; 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. 7. EXECUTIVE BRANCH ACTION.

    (a) Adoption of Guidelines for Imposition of Sanctions.--The 
President should, through issuance of Executive orders or other 
comparable means, adopt guidelines, comparable to those described in 
sections 4 and 5 of this Act, that would apply to executive branch 
imposition of any unilateral economic sanction pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
    (b) Procedures for Public Outreach.--The President should establish 
procedures for informing the United States public of significant 
developments in the formulation of United States policy with respect to 
sanctions, and for obtaining appropriate input with respect to such 
matters.

SEC. 8. RULES REGARDING SANCTIONS IMPOSED BY THE EXECUTIVE BRANCH OR BY 
              STATUTORY ENACTMENTS.

    (a) Authority To Suspend, Terminate, or Not Impose Sanctions.--
Whenever the President determines and reports to Congress that the 
gains for the United States national interests expected to be derived 
from imposition or continued application of any sanction imposed 
pursuant to a unilateral economic sanctions law would fail to outweigh 
the costs to those interests from such imposition or application, the 
President is authorized to--
            (1) refrain from imposing, or taking any action that would 
        result in the imposition of, any such sanction; or
            (2) suspend or terminate the application of any sanction.
    (b) Authority To Reimpose Sanctions.--In the case of any sanction 
that the President refrains from imposing or suspends, pursuant to a 
determination under subsection (a), the President is authorized to 
subsequently impose or resume the application of the sanction if the 
President notifies the appropriate congressional committee 15 days in 
advance.
    (c) Disapproval of Proposed Presidential Action.--
            (1) Determinations not to impose sanctions.--In the case of 
        any Presidential determination under subsection (a)(1), the 
        decision to refrain from imposing or taking any action that 
        would result in the imposition of any sanction shall take 
        effect immediately following the submission of a report to 
        Congress under that subsection, unless Congress enacts a joint 
        resolution disapproving the determination not later than 30 
        days after the date the report was submitted to Congress.
            (2) Determinations to suspend or terminate sanctions.--In 
        the case of a suspension or termination of a sanction under 
        subsection (a)(2), the suspension or termination shall take 
        effect 30 days after the President has submitted a report to 
        Congress under that subsection, unless before that time 
        Congress has enacted a joint resolution disapproving the 
        determination.
    (d) Congressional Priority Procedures.--
            (1) In the senate.--Any joint resolution under subsection 
        (c) shall be considered in the Senate in accordance with the 
        provisions of section 601(b) of the International Security 
        Assistance and Arms Export Control Act of 1976.
            (2) In the house of representatives.--For the purpose of 
        expediting consideration and enactment of any joint resolution 
        under subsection (c), a motion to proceed to the consideration 
        of the joint resolution after it has been reported by the 
        appropriate committee shall be treated as highly privileged in 
        the House of Representatives.
    (e) Supersedes Other Provisions of Law.--The provisions of this 
section supersede any other provision of law.
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