[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7108 Enrolled Bill (ENR)]
H.R.7108
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
To suspend normal trade relations treatment for the Russian Federation
and the Republic of Belarus, 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.
This Act may be cited as the ``Suspending Normal Trade Relations
with Russia and Belarus Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is a founding member of the World Trade
Organization (WTO) and is committed to ensuring that the WTO
remains an effective forum for peaceful economic engagement.
(2) Ukraine is a sovereign nation-state that is entitled to
enter into agreements with other sovereign states and to full
respect of its territorial integrity.
(3) The United States will be unwavering in its support for a
secure, democratic, and sovereign Ukraine, free to choose its own
leaders and future.
(4) Ukraine acceded to the Marrakesh Agreement Establishing the
World Trade Organization (WTO Agreement) and has been a WTO member
since 2008.
(5) Ukraine's participation in the WTO Agreement creates both
rights and obligations vis-a-vis other WTO members.
(6) The Russian Federation acceded to the WTO on August 22,
2012, becoming the 156th WTO member, and the Republic of Belarus
has applied to accede to the WTO.
(7) From the date of its accession, the Russian Federation
committed to apply fully all provisions of the WTO.
(8) The United States Congress authorized permanent normal
trade relations for the Russian Federation through the Russia and
Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law
Accountability Act of 2012 (Public Law 112-208).
(9) Ukraine communicated to the WTO General Council on March 2,
2022, urging that all WTO members take action against the Russian
Federation and ``consider further steps with the view to suspending
the Russian Federation's participation in the WTO for its violation
of the purpose and principles of this Organization''.
(10) Vladimir Putin, a ruthless dictator, has led the Russian
Federation into a war of aggression against Ukraine, which--
(A) denies Ukraine and its people their collective rights
to independence, sovereignty, and territorial integrity;
(B) constitutes an emergency in international relations,
because it is a situation of armed conflict that threatens the
peace and security of all countries, including the United
States; and
(C) denies Ukraine its rightful ability to participate in
international organizations, including the WTO.
(11) The Republic of Belarus, also led by a ruthless dictator,
Aleksander Lukashenka, is providing important material support to
the Russian Federation's aggression.
(12) The Russian Federation's exportation of goods in the
energy sector is central to its ability to wage its war of
aggression on Ukraine.
(13) The United States, along with its allies and partners, has
responded to recent aggression by the Russian Federation in Ukraine
by imposing sweeping financial sanctions and stringent export
controls.
(14) The United States cannot allow the consequences of the
Russian Federation's actions to go unaddressed, and must lead
fellow countries, in all fora, including the WTO, to impose
appropriate consequences for the Russian Federation's aggression.
SEC. 3. SUSPENSION OF NORMAL TRADE RELATIONS WITH THE RUSSIAN
FEDERATION AND THE REPUBLIC OF BELARUS.
(a) Nondiscriminatory Tariff Treatment.--Notwithstanding any other
provision of law, beginning on the day after the date of the enactment
of this Act, the rates of duty set forth in column 2 of the Harmonized
Tariff Schedule of the United States shall apply to all products of the
Russian Federation and of the Republic of Belarus.
(b) Authority to Proclaim Increased Column 2 Rates.--
(1) In general.--The President may proclaim increases in the
rates of duty applicable to products of the Russian Federation or
the Republic of Belarus, above the rates set forth in column 2 of
the Harmonized Tariff Schedule of the United States.
(2) Prior consultation.--The President shall, not later than 5
calendar days before issuing any proclamation under paragraph (1),
consult with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
regarding the basis for and anticipated impact of the proposed
increases to rates of duty described in paragraph (1).
(3) Termination.--The authority to issue proclamations under
this subsection shall terminate on January 1, 2024.
SEC. 4. RESUMPTION OF APPLICATION OF HTS COLUMN 1 RATES OF DUTY AND
RESTORATION OF NORMAL TRADE RELATIONS TREATMENT FOR THE RUSSIAN
FEDERATION AND THE REPUBLIC OF BELARUS.
(a) Temporary Application of HTS Column 1 Rates of Duty.--
(1) In general.--Notwithstanding any other provision of law
(including the application of column 2 rates of duty under section
3), the President is authorized to temporarily resume, for one or
more periods not to exceed 1 year each, the application of the
rates of duty set forth in column 1 of the Harmonized Tariff
Schedule of the United States to the products of the Russian
Federation, the Republic of Belarus, or both, if the President
submits to Congress with respect to either or both such countries a
certification under subsection (c) for each such period. Such
action shall take effect beginning on the date that is 90 calendar
days after the date of submission of such certification for such
period, unless there is enacted into law during such 90-day period
a joint resolution of disapproval.
(2) Consultation and report.--The President shall, not later
than 45 calendar days before submitting a certification under
paragraph (1)--
(A) consult with--
(i) the Committee on Ways and Means and the Committee
on Foreign Affairs of the House of Representatives; and
(ii) the Committee on Finance and the Committee on
Foreign Relations of the Senate; and
(B) submit to all such committees a report that explains
the basis for the determination of the President contained in
such certification.
(b) Restoration of Normal Trade Relations Treatment.--
(1) In general.--The President is authorized to resume the
application of the rates of duty set forth in column 1 of the
Harmonized Tariff Schedule of the United States to the products of
the Russian Federation, the Republic of Belarus, or both, if the
President submits to Congress with respect to either or both such
countries a certification under subsection (c). Such action shall
take effect beginning on the date that is 90 calendar days after
the date of submission of such certification, unless there is
enacted into law during such 90-day period a joint resolution of
disapproval.
(2) Consultation and report.--The President shall, not later
than 45 calendar days before submitting a certification under
paragraph (1)--
(A) consult with--
(i) the Committee on Ways and Means and the Committee
on Foreign Affairs of the House of Representatives; and
(ii) the Committee on Finance and the Committee on
Foreign Relations of the Senate; and
(B) submit to all such committees a report that explains
the basis for the determination of the President contained in
such certification.
(3) Products of the russian federation.--If the President
submits pursuant to paragraph (1) a certification under subsection
(c) with respect to the Russian Federation and a joint resolution
of disapproval is not enacted during the 90-day period described in
that paragraph, the President may grant permanent nondiscriminatory
tariff treatment (normal trade relations) to the products of the
Russian Federation.
(4) Products of the republic of belarus.--If the President
submits pursuant to paragraph (1) a certification under subsection
(c) with respect to the Republic of Belarus and a joint resolution
of disapproval is not enacted during the 90-day period described in
that paragraph, the President may, subject to the provisions of
chapter 1 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et
seq.), grant nondiscriminatory tariff treatment (normal trade
relations) to the products of the Republic of Belarus.
(c) Certification.--A certification under this subsection is a
certification in writing that--
(1) specifies the action proposed to be taken pursuant to the
certification and whether such action is pursuant to subsection
(a)(1) or (b)(1) of this section; and
(2) contains a determination of the President that the Russian
Federation or the Republic of Belarus (or both)--
(A) has reached an agreement relating to the respective
withdrawal of Russian or Belarusian forces (or both, if
applicable) and cessation of military hostilities that is
accepted by the free and independent government of Ukraine;
(B) poses no immediate military threat of aggression to any
North Atlantic Treaty Organization member; and
(C) recognizes the right of the people of Ukraine to
independently and freely choose their own government.
(d) Joint Resolution of Disapproval.--
(1) Definition.--For purposes of this section, the term ``joint
resolution of disapproval'' means only a joint resolution--
(A) which does not have a preamble;
(B) the title of which is as follows: ``Joint resolution
disapproving the President's certification under section 4(c)
of the Suspending Normal Trade Relations with Russia and
Belarus Act.''; and
(C) the matter after the resolving clause of which is as
follows: ``That Congress disapproves the certification of the
President under section 4(c) of the Suspending Normal Trade
Relations with Russia and Belarus Act, submitted to Congress on
___'', the blank space being filled in with the appropriate
date.
(2) Introduction in the house of representatives.--During a
period of 5 legislative days beginning on the date that a
certification under subsection (c) is submitted to Congress, a
joint resolution of disapproval may be introduced in the House of
Representatives by the majority leader or the minority leader.
(3) Introduction in the senate.--During a period of 5 days on
which the Senate is in session beginning on the date that a
certification under subsection (c) is submitted to Congress, a
joint resolution of disapproval may be introduced in the Senate by
the majority leader (or the majority leader's designee) or the
minority leader (or the minority leader's designee).
(4) Floor consideration in the house of representatives.--
(A) Reporting and discharge.--If a committee of the House
to which a joint resolution of disapproval has been referred
has not reported such joint resolution within 10 legislative
days after the date of referral, that committee shall be
discharged from further consideration thereof.
(B) Proceeding to consideration.--Beginning on the third
legislative day after each committee to which a joint
resolution of disapproval has been referred reports it 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. All points of order against
the motion are waived. Such a motion shall not be in order
after the House has disposed of a motion to proceed on a joint
resolution with regard to the same certification. 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.
(C) Consideration.--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
two 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.
(5) Consideration in the senate.--
(A) Committee referral.--A joint resolution of disapproval
introduced in the Senate shall be referred to the Committee on
Finance.
(B) Reporting and discharge.--If the Committee on Finance
has not reported such joint resolution of disapproval within 10
days on which the Senate is in session after the date of
referral of such joint resolution, that committee shall be
discharged from further consideration of such joint resolution
and the joint resolution shall be placed on the appropriate
calendar.
(C) Motion to proceed.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any time after
the Committee on Finance reports the joint resolution of
disapproval to the Senate or has been discharged from its
consideration (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) shall be 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. If a motion to proceed
to the consideration of the joint resolution of disapproval is
agreed to, the joint resolution shall remain the unfinished
business until disposed of.
(D) Debate.--Debate on the joint resolution of disapproval,
and on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which
shall be divided equally between the majority and minority
leaders or their designees. A motion to further 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 joint resolution of
disapproval is not in order.
(E) Vote on passage.--The vote on passage shall occur
immediately following the conclusion of the debate on the joint
resolution of disapproval and a single quorum call at the
conclusion of the debate, if requested in accordance with the
rules of the Senate.
(F) Rules of the chair on procedure.--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
the joint resolution of disapproval shall be decided without
debate.
(G) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to the joint resolution of
disapproval, including all debatable motions and appeals in
connection with such 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.
(6) Procedures in the senate.--Except as otherwise provided in
this subsection, the following procedures shall apply in the Senate
to a joint resolution of disapproval to which this subsection
applies:
(A) Except as provided in subparagraph (B), a joint
resolution of disapproval that has passed the House of
Representatives shall, when received in the Senate, be referred
to the Committee on Finance for consideration in accordance
with this subsection.
(B) If a joint resolution of disapproval to which this
subsection applies was introduced in the Senate before receipt
of a joint resolution of disapproval that has passed the House
of Representatives, the joint resolution from the House of
Representatives shall, when received in the Senate, be placed
on the calendar. If this subparagraph applies, the procedures
in the Senate with respect to a joint resolution of disapproval
introduced in the Senate that contains the identical matter as
the joint resolution of disapproval that passed the House of
Representatives shall be the same as if no joint resolution of
disapproval had been received from the House of
Representatives, except that the vote on passage in the Senate
shall be on the joint resolution of disapproval that passed the
House of Representatives.
(7) Rules of the house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such are
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 legislation described in those
sections, and supersede other rules only to the extent that
they are inconsistent with such rules; and
(B) 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. 5. COOPERATION AND ACCOUNTABILITY AT THE WORLD TRADE ORGANIZATION.
The United States Trade Representative shall use the voice and
influence of the United States at the WTO to--
(1) condemn the recent aggression in Ukraine;
(2) encourage other WTO members to suspend trade concessions to
the Russian Federation and the Republic of Belarus;
(3) consider further steps with the view to suspend the Russian
Federation's participation in the WTO; and
(4) seek to halt the accession process of the Republic of
Belarus at the WTO and cease accession-related work.
SEC. 6. REAUTHORIZATION OF SANCTIONS UNDER THE GLOBAL MAGNITSKY HUMAN
RIGHTS ACCOUNTABILITY ACT WITH RESPECT TO HUMAN RIGHTS VIOLATIONS AND
CORRUPTION.
(a) In General.--Section 1265 of the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note) is repealed.
(b) Clerical Amendment.--The table of contents in section 2(b) and
in title XII of division A of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) are each amended by striking
the items relating to section 1265.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.