[Congressional Record Volume 168, Number 61 (Wednesday, April 6, 2022)]
[Senate]
[Pages S2048-S2049]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5020. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 7108, to suspend normal trade relations 
treatment for the Russian Federation and the Republic of Belarus, and 
for other purposes; which was ordered to lie on the table; as follows:

        Strike all after the enacting clause and insert the 
     following:

     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--

[[Page S2049]]

       (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.
                                 ______