[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6156 Reported in House (RH)]

                                                 Union Calendar No. 454
112th CONGRESS
  2d Session
                                H. R. 6156

                          [Report No. 112-632]

To authorize the extension of nondiscriminatory treatment (normal trade 
relations treatment) to products of the Russian Federation and Moldova 
and to require reports on the compliance of the Russian Federation with 
 its obligations as a member of the World Trade Organization, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2012

 Mr. Camp (for himself, Mr. Levin, Mr. Brady of Texas, Mr. McDermott, 
Mr. Reichert, Mr. Rangel, Mr. Roskam, Mr. Blumenauer, Mr. Paulsen, and 
 Mr. Crowley) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

                             July 31, 2012

Additional sponsors: Mr. Grimm, Mr. Mulvaney, Mr. Boustany, Mr. Rokita, 
                             and Mr. Meeks

                             July 31, 2012

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
To authorize the extension of nondiscriminatory treatment (normal trade 
relations treatment) to products of the Russian Federation and Moldova 
and to require reports on the compliance of the Russian Federation with 
 its obligations as a member of the World Trade Organization, and for 
                            other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Russia and Moldova 
Jackson-Vanik Repeal Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--PERMANENT NORMAL TRADE RELATIONS FOR THE RUSSIAN FEDERATION

Sec. 101. Findings.
Sec. 102. Termination of application of title IV of the Trade Act of 
                            1974 to products of the Russian Federation.
TITLE II--TRADE ENFORCEMENT MEASURES RELATING TO THE RUSSIAN FEDERATION

Sec. 201. Reports on implementation by the Russian Federation of 
                            obligations as a member of the World Trade 
                            Organization and enforcement actions by the 
                            United States Trade Representative.
Sec. 202. Promotion of the rule of law in the Russian Federation to 
                            support United States trade and investment.
Sec. 203. Reports on laws, policies, and practices of the Russian 
                            Federation that discriminate against United 
                            States digital trade.
Sec. 204. Efforts to reduce barriers to trade imposed by the Russian 
                            Federation.
        TITLE III--PERMANENT NORMAL TRADE RELATIONS FOR MOLDOVA

Sec. 301. Findings.
Sec. 302. Termination of application of title IV of the Trade Act of 
                            1974 to products of Moldova.

  TITLE I--PERMANENT NORMAL TRADE RELATIONS FOR THE RUSSIAN FEDERATION

SEC. 101. FINDINGS.

    Congress finds the following:
            (1) The Russian Federation allows its citizens the right 
        and opportunity to emigrate, free of any heavy tax on 
        emigration or on the visas or other documents required for 
        emigration and free of any tax, levy, fine, fee, or other 
        charge on any citizens as a consequence of the desire of those 
        citizens to emigrate to the country of their choice.
            (2) The Russian Federation has been found to be in full 
        compliance with the freedom of emigration requirements under 
        title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) 
        since 1994.
            (3) The Russian Federation has received normal trade 
        relations treatment since concluding a bilateral trade 
        agreement with the United States that entered into force in 
        1992.
            (4) On December 16, 2011, the Ministerial Conference of the 
        World Trade Organization invited the Russian Federation to 
        accede to the World Trade Organization.

SEC. 102. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 
              1974 TO PRODUCTS OF THE RUSSIAN FEDERATION.

    (a) Presidential Determinations and Extension of Nondiscriminatory 
Treatment.--Notwithstanding any provision of title IV of the Trade Act 
of 1974 (19 U.S.C. 2431 et seq.), the President may--
            (1) determine that such title should no longer apply to the 
        Russian Federation; and
            (2) after making a determination under paragraph (1) with 
        respect to the Russian Federation, proclaim the extension of 
        nondiscriminatory treatment (normal trade relations treatment) 
        to the products of the Russian Federation.
    (b) Effective Date of Nondiscriminatory Treatment.--The extension 
of nondiscriminatory treatment to the products of the Russian 
Federation pursuant to subsection (a) shall be effective not sooner 
than the effective date of the accession of the Russian Federation to 
the World Trade Organization.
    (c) Termination of Applicability of Title IV.--On and after the 
effective date under subsection (b) of the extension of 
nondiscriminatory treatment to the products of the Russian Federation, 
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) shall cease 
to apply to the Russian Federation.

TITLE II--TRADE ENFORCEMENT MEASURES RELATING TO THE RUSSIAN FEDERATION

SEC. 201. REPORTS ON IMPLEMENTATION BY THE RUSSIAN FEDERATION OF 
              OBLIGATIONS AS A MEMBER OF THE WORLD TRADE ORGANIZATION 
              AND ENFORCEMENT ACTIONS BY THE UNITED STATES TRADE 
              REPRESENTATIVE.

    (a) Reports on Implementation.--
            (1) In general.--Not later than one year after the 
        effective date under section 102(b) of the extension of 
        nondiscriminatory treatment to the products of the Russian 
        Federation, and annually thereafter, the United States Trade 
        Representative shall submit to the Committee on Finance of the 
        Senate and the Committee on Ways and Means of the House of 
        Representatives a report assessing the following:
                    (A) The extent to which the Russian Federation is 
                implementing the WTO Agreement (as defined in section 2 
                of the Uruguay Round Agreements Act (19 U.S.C. 3501)) 
                and the following agreements annexed to that Agreement:
                            (i) The Agreement on the Application of 
                        Sanitary and Phytosanitary Measures (referred 
                        to in section 101(d)(3) of the Uruguay Round 
                        Agreements Act (19 U.S.C. 3511(d)(3))).
                            (ii) The Agreement on Trade-Related Aspects 
                        of Intellectual Property Rights (referred to in 
                        section 101(d)(15) of the Uruguay Round 
                        Agreements Act (19 U.S.C. 3511(d)(15))).
                    (B) The progress made by the Russian Federation in 
                acceding to, and the extent to which the Russian 
                Federation is implementing, the following:
                            (i) The Ministerial Declaration on Trade in 
                        Information Technology Products of the World 
                        Trade Organization, agreed to at Singapore 
                        December 13, 1996 (commonly referred to as the 
                        ``Information Technology Agreement'') (or a 
                        successor agreement).
                            (ii) The Agreement on Government 
                        Procurement (referred to in section 101(d)(17) 
                        of the Uruguay Round Agreements Act (19 U.S.C. 
                        3511(d)(17))).
            (2) Plan for action by trade representative.--
                    (A) In general.--If, in preparing a report required 
                by paragraph (1), the Trade Representative believes 
                that the Russian Federation is not fully implementing 
                an agreement specified in subparagraph (A) or (B) of 
                that paragraph or that the Russian Federation is not 
                making adequate progress in acceding to an agreement 
                specified in subparagraph (B) of that paragraph, the 
                Trade Representative shall, except as provided in 
                subparagraph (B) of this paragraph, include in the 
                report a description of the actions the Trade 
                Representative plans to take to encourage the Russian 
                Federation to improve its implementation of the 
                agreement or increase its progress in acceding to the 
                agreement, as the case may be.
                    (B) Classified information.--If any information 
                regarding a planned action referred to in subparagraph 
                (A) is classifiable under Executive Order 13526 (75 
                Fed. Reg. 707; relating to classified national security 
                information) or a subsequent Executive order, the Trade 
                Representative shall report that information to the 
                Committee on Finance of the Senate and the Committee on 
                Ways and Means of the House of Representatives by--
                            (i) including the information in a 
                        classified annex to the report required by 
                        paragraph (1); or
                            (ii) consulting with the Committee on 
                        Finance and the Committee on Ways and Means 
                        with respect to the information instead of 
                        including the information in the report or a 
                        classified annex to the report.
            (3) Public comments.--
                    (A) In general.--In developing the report required 
                by paragraph (1), the Trade Representative shall 
                provide an opportunity for the public to comment, 
                including by holding a public hearing.
                    (B) Publication in federal register.--The Trade 
                Representative shall publish notice of the opportunity 
                to comment and hearing required by subparagraph (A) in 
                the Federal Register.
    (b) Report on Enforcement Actions Taken by Trade Representative.--
Not later than 180 days after the effective date under section 102(b) 
of the extension of nondiscriminatory treatment to the products of the 
Russian Federation, and annually thereafter, the United States Trade 
Representative shall submit to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Representatives a 
report describing the enforcement actions taken by the Trade 
Representative against the Russian Federation to ensure the full 
compliance of the Russian Federation with its obligations as a member 
of the World Trade Organization, including obligations under agreements 
with members of the Working Party on the accession of the Russian 
Federation to the World Trade Organization.

SEC. 202. PROMOTION OF THE RULE OF LAW IN THE RUSSIAN FEDERATION TO 
              SUPPORT UNITED STATES TRADE AND INVESTMENT.

    (a) Reports on Promotion of Rule of Law.--Not later than one year 
after the effective date under section 102(b) of the extension of 
nondiscriminatory treatment to the products of the Russian Federation, 
and annually thereafter, the United States Trade Representative and the 
Secretary of State shall jointly submit to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives a report--
            (1) on the measures taken by the Trade Representative and 
        the Secretary and the results achieved during the year 
        preceding the submission of the report with respect to 
        promoting the rule of law in the Russian Federation, including 
        with respect to--
                    (A) strengthening formal protections for United 
                States investors in the Russian Federation, including 
                through the negotiation of a new bilateral investment 
                treaty;
                    (B) advocating for United States investors in the 
                Russian Federation, including by promoting the claims 
                of United States investors in Yukos Oil Company;
                    (C) encouraging all countries that are parties to 
                the Convention on Combating Bribery of Foreign Public 
                Officials in International Business Transactions of the 
                Organisation for Economic Co-operation and Development, 
                done at Paris December 17, 1997 (commonly referred to 
                as the ``OECD Anti-Bribery Convention''), including the 
                Russian Federation, to fully implement their 
                commitments under the Convention to prevent overseas 
                business bribery by the nationals of those countries;
                    (D) promoting a customs administration, tax 
                administration, and judiciary in the Russia Federation 
                that are free of corruption; and
                    (E) increasing cooperation between the United 
                States and the Russian Federation to expand the 
                capacity for civil society organizations to monitor, 
                investigate, and report on suspected instances of 
                corruption; and
            (2) that discloses the status of any pending petition for 
        espousal filed with the Secretary by a United States investor 
        in the Russian Federation.
    (b) Anti-Bribery Reporting and Assistance.--
            (1) In general.--The Secretary of Commerce shall establish 
        and maintain a dedicated phone hotline and secure website, 
        accessible from within and outside the Russian Federation, for 
        the purpose of allowing United States entities--
                    (A) to report instances of bribery, attempted 
                bribery, or other forms of corruption in the Russian 
                Federation that impact or potentially impact their 
                operations; and
                    (B) to request the assistance of the United States 
                with respect to issues relating to corruption in the 
                Russian Federation.
            (2) Report required.--
                    (A) In general.--Not later than one year after the 
                effective date under section 102(b) of the extension of 
                nondiscriminatory treatment to the products of the 
                Russian Federation, and annually thereafter, the 
                Secretary of Commerce shall submit to the Committee on 
                Finance of the Senate and the Committee on Ways and 
                Means of the House of Representatives a report that 
                includes the following:
                            (i) The number of instances in which 
                        bribery, attempted bribery, or other forms of 
                        corruption have been reported using the hotline 
                        or website established pursuant to paragraph 
                        (1).
                            (ii) A description of the regions in the 
                        Russian Federation in which those instances are 
                        alleged to have occurred.
                            (iii) A summary of actions taken by the 
                        United States to provide assistance to United 
                        States entities pursuant to paragraph (1)(B).
                            (iv) A description of the efforts taken by 
                        the Secretary to inform United States entities 
                        conducting business in the Russian Federation 
                        or considering conducting business in the 
                        Russian Federation of the availability of 
                        assistance through the hotline and website.
                    (B) Confidentiality.--The Secretary shall not 
                include in the report required by subparagraph (A) the 
                identity of a United States entity that reports 
                instances of bribery, attempted bribery, or other forms 
                of corruption in the Russian Federation or requests 
                assistance pursuant to paragraph (1).

SEC. 203. REPORTS ON LAWS, POLICIES, AND PRACTICES OF THE RUSSIAN 
              FEDERATION THAT DISCRIMINATE AGAINST UNITED STATES 
              DIGITAL TRADE.

    Section 181(a) of the Trade Act of 1974 (19 U.S.C. 2241(a)) is 
amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Inclusion of certain discriminatory laws, policies, 
        and practices of the russian federation.--For calender year 
        2012 and each succeeding calendar year, the Trade 
        Representative shall include in the analyses and estimates 
        under paragraph (1) an identification and analysis of any laws, 
        policies, or practices of the Russian Federation that deny fair 
        and equitable market access to United States digital trade.''.

SEC. 204. EFFORTS TO REDUCE BARRIERS TO TRADE IMPOSED BY THE RUSSIAN 
              FEDERATION.

    The United States Trade Representative shall continue to pursue the 
reduction of barriers to trade imposed by the Russian Federation on 
articles exported from the United States to the Russian Federation 
through efforts--
            (1) to negotiate a bilateral agreement under which the 
        Russian Federation will accept the sanitary and phytosanitary 
        measures of the United States as equivalent to the sanitary and 
        phytosanitary measures of the Russian Federation; and
            (2) to obtain the adoption by the Russian Federation of an 
        action plan for providing greater protections for intellectual 
        property rights than the protections required by the Agreement 
        on Trade-Related Aspects of Intellectual Property Rights 
        (referred to in section 101(d)(15) of the Uruguay Round 
        Agreements Act (19 U.S.C. 3511(d)(15))).

        TITLE III--PERMANENT NORMAL TRADE RELATIONS FOR MOLDOVA

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) Moldova allows its citizens the right and opportunity 
        to emigrate, free of any heavy tax on emigration or on the 
        visas or other documents required for emigration and free of 
        any tax, levy, fine, fee, or other charge on any citizens as a 
        consequence of the desire of those citizens to emigrate to the 
        country of their choice.
            (2) Moldova has been found to be in full compliance with 
        the freedom of emigration requirements under title IV of the 
        Trade Act of 1974 (19 U.S.C. 2431 et seq.) since 1997.
            (3) Moldova acceded to the World Trade Organization on July 
        26, 2001.

SEC. 302. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 
              1974 TO PRODUCTS OF MOLDOVA.

    (a) Presidential Determinations and Extension of Nondiscriminatory 
Treatment.--Notwithstanding any provision of title IV of the Trade Act 
of 1974 (19 U.S.C. 2431 et seq.), the President may--
            (1) determine that such title should no longer apply to 
        Moldova; and
            (2) after making a determination under paragraph (1) with 
        respect to Moldova, proclaim the extension of nondiscriminatory 
        treatment (normal trade relations treatment) to the products of 
        Moldova.
    (b) Termination of Applicability of Title IV.--On and after the 
date on which the President extends nondiscriminatory treatment to the 
products of Moldova pursuant to subsection (a), title IV of the Trade 
Act of 1974 (19 U.S.C. 2431 et seq.) shall cease to apply to Moldova.
                                                 Union Calendar No. 454

112th CONGRESS

  2d Session

                               H. R. 6156

                          [Report No. 112-632]

_______________________________________________________________________

                                 A BILL

To authorize the extension of nondiscriminatory treatment (normal trade 
relations treatment) to products of the Russian Federation and Moldova 
and to require reports on the compliance of the Russian Federation with 
 its obligations as a member of the World Trade Organization, and for 
                            other purposes.

_______________________________________________________________________

                             July 31, 2012

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed