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Code · BILL · 119th Congress · H.R. 2913 (Introduced in House) — To authorize support for Ukraine, and for other purposes. · Sec. 321

Sec. 321. Congressional review of Russia sanctions

2,395 words·~11 min read·/bill/119/hr/2913/ih/section-321

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Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to the appropriate congressional committees and leadership a report that describes the proposed action and the reasons for that action. An action described in this paragraph is— an action to terminate the application of any sanction, export control, duty, or prohibition described in subparagraph (B); with respect to sanctions, export controls, duties, or prohibitions described in subparagraph
(B)imposed by the President with respect to a person, an action to waive the application of those sanctions with respect to that person; or a licensing action that significantly alters United States foreign policy with respect to Russia. The sanctions, export controls, duties, and prohibitions described in this subparagraph are sanctions, export controls, duties, and prohibitions with respect to Russia provided for under— this Act; Executive Order 13849 ( 22 U.S.C. 9521 note; relating to authorizing the implementation of certain sanctions set forth in the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9401 et seq. )); Executive Order 13883 ( 22 U.S.C. 5605 note; relating to administration of proliferation sanctions and amendment of Executive Order 12851 ( 22 U.S.C. 2797 note; relating to the administration of proliferation sanctions, Middle East arms control, and related congressional reporting responsibilities)); Executive Order 14024 ( 50 U.S.C. 1701 note; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation); Executive Order 14039 ( 22 U.S.C. 9526 note; relating to blocking property with respect to certain Russian energy export pipelines); Executive Order 14065 ( 50 U.S.C. 1701 note; relating to blocking property of certain persons and prohibiting certain transactions with respect to continued Russian efforts to undermine the sovereignty and territorial integrity of Ukraine); Executive Order 14066 ( 50 U.S.C. 1701 note; relating to prohibiting certain imports and new investments with respect to continued Russian Federation efforts to undermine the sovereignty and territorial integrity of Ukraine); Executive Order 14068 ( 50 U.S.C. 1701 note; relating to prohibiting certain imports, exports, and new investment with respect to continued Russian Federation aggression); Executive Order 14071 ( 50 U.S.C. 1701 note; relating to prohibiting new investment in and certain services to the Russian Federation in response to continued Russian Federation aggression); and Executive Order 14114 (88 Fed. Reg. 89271; relating to taking additional steps with respect to the Russian Federation’s harmful activities). Each report submitted under paragraph
(1)with respect to an action described in paragraph
(2)shall include a description of whether the action— is not intended to significantly alter United States foreign policy with respect to Russia; or is intended to significantly alter United States foreign policy with respect to Russia. Each report submitted under paragraph
(1)that relates to an action that is intended to significantly alter United States foreign policy with respect to Russia shall include a description of— the significant alteration to United States foreign policy with respect to Russia; the anticipated effect of the action on the national security interests of the United States; and the policy objectives for which the sanctions affected by the action were initially imposed. The Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives may request the submission to the Committee of the matter described in clauses
(ii)and
(iii)of subparagraph
(A)with respect to a report submitted under paragraph
(1)that relates to an action that is not intended to significantly alter United States foreign policy with respect to Russia. Proprietary information that can be associated with a particular person with respect to an action described in paragraph
(2)may be included in a report submitted under paragraph
(1)only if the appropriate congressional committees and leadership provide assurances of confidentiality, unless that person otherwise consents in writing to such disclosure. Paragraph (2)(A)(iii) shall not be construed to require the submission of a report under paragraph
(1)with respect to the routine issuance of a license that does not significantly alter United States foreign policy with respect to Russia. During the period of 30 calendar days beginning on the date on which the President submits a report under subsection (a)(1)— in the case of a report that relates to an action that is not intended to significantly alter United States foreign policy with respect to Russia, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report; and in the case of a report that relates to an action that is intended to significantly alter United States foreign policy with respect to Russia, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report. The period for congressional review under paragraph
(1)of a report required to be submitted under subsection (a)(1) shall be 60 calendar days if the report is submitted on or after July 10 and on or before September 7 in any calendar year. Notwithstanding any other provision of law, during the period for congressional review provided for under paragraph
(1)of a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2), including any additional period for such review as applicable under the exception provided in paragraph (2), the President may not take that action unless a joint resolution of approval with respect to that action is enacted in accordance with subsection (c). Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), the President may not take that action for a period of 12 calendar days after the date of passage of the joint resolution of disapproval. Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), and the President vetoes the joint resolution, the President may not take that action for a period of 10 calendar days after the date of the President’s veto. Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) is enacted in accordance with subsection (c), the President may not take that action. In this subsection: The term joint resolution of approval means only a joint resolution of either House of Congress— the title of which is as follows: A joint resolution approving the President’s proposal to take an action relating to the application of certain sanctions with respect to Russia. ; and the sole matter after the resolving clause of which is the following: Congress approves of the action relating to the application of sanctions imposed with respect to Russia proposed by the President in the report submitted to Congress under this section of the Ukraine Support Act with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action. . The term joint resolution of disapproval means only a joint resolution of either House of Congress— the title of which is as follows: A joint resolution disapproving the President’s proposal to take an action relating to the application of certain sanctions with respect to Russia. ; and the sole matter after the resolving clause of which is the following: Congress disapproves of the action relating to the application of sanctions imposed with respect to Russia proposed by the President in the report submitted to Congress under this section of the Ukraine Support Act with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action. . During the period of 30 calendar days provided for under subsection (b)(1), including any additional period as applicable under the exception provided in subsection (b)(2), a joint resolution of approval or joint resolution of disapproval may be introduced— in the House of Representatives, by the majority leader or the minority leader; and in the Senate, by the majority leader (or the majority leader’s designee) or the minority leader (or the minority leader’s designee). If a committee of the House of Representatives to which a joint resolution of approval or joint resolution of disapproval has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. A joint resolution of approval or joint resolution of disapproval introduced in the Senate shall be— referred to the Committee on Banking, Housing, and Urban Affairs of the Senate if the joint resolution relates to a report under subsection (a)(3)(A) that relates to an action that is not intended to significantly alter United States foreign policy with respect to Russia; and referred to the Committee on Foreign Relations of the Senate if the joint resolution relates to a report under subsection (a)(3)(B) that relates to an action that is intended to significantly alter United States foreign policy with respect to Russia. If the committee to which a joint resolution of approval or joint resolution of disapproval was referred has not reported the joint resolution within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Banking, Housing, and Urban Affairs or the Committee on Foreign Relations of the Senate, as the case may be, reports a joint resolution of approval or joint resolution of disapproval to the Senate or has been discharged from consideration of such a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of approval or joint resolution of disapproval shall be decided without debate. Debate in the Senate of any veto message with respect to a joint resolution of approval or joint resolution of disapproval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. In the House of Representatives, the following procedures shall apply to a joint resolution of approval or a joint resolution of disapproval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action): The joint resolution shall be referred to the appropriate committees. If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. If, before the passage by the Senate of a joint resolution of approval or joint resolution of disapproval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply: That joint resolution shall not be referred to a committee. With respect to that joint resolution— the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but the vote on passage shall be on the joint resolution from the House of Representatives. If, following passage of a joint resolution of approval or joint resolution of disapproval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar. If a joint resolution of approval or a joint resolution of disapproval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution. The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval or joint resolution of disapproval that is a revenue measure. The requirements of this section may not be tolled by either the House of Representatives or the Senate.
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