[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7014 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7014
To suspend normal trade relations treatment for the Russian Federation
and the Republic of Belarus, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
March 9, 2022
Mr. Brady (for himself, Mr. Smith of Nebraska, Mr. Buchanan, Mr. Reed,
Mr. Kelly of Pennsylvania, Mr. Smith of Missouri, Mr. Rice of South
Carolina, Mr. Schweikert, Mrs. Walorski, Mr. LaHood, Mr. Wenstrup, Mr.
Arrington, Mr. Ferguson, Mr. Estes, Mr. Smucker, Mr. Hern, Mrs. Miller
of West Virginia, and Mr. Murphy of North Carolina) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
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 known 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. PROHIBITION ON IMPORTATION OF ENERGY PRODUCTS OF THE RUSSIAN
FEDERATION.
(a) In General.--Notwithstanding any other provision of law, all
products of the Russian Federation classified under chapter 27 of the
Harmonized Tariff Schedule of the United States shall be banned from
importation into the United States, other than products imported on or
before 11:59 p.m. eastern daylight time on the date that is 45 days
after the date of the enactment of this Act.
(b) Termination Upon Extension of Normal Trade Relations With the
Russian Federation.--The prohibition under subsection (a) shall
terminate on the date on which the President grants permanent
nondiscriminatory tariff treatment (normal trade relations) to the
products of the Russian Federation pursuant to section 5(b)(3).
SEC. 5. 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 the Committee on Ways and Means of
the House of Representatives and the Committee on
Finance of the Senate; and
(B) submit to both 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 the Committee on Ways and Means of
the House of Representatives and the Committee on
Finance of the Senate; and
(B) submit to both 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 withdrawn its forces and ceased all acts of
aggression against Ukraine;
(B) poses no immediate threat of aggression to any
North Atlantic Treaty Organization ally or partner; and
(C) recognizes a free and independent Ukraine,
including with respect to the ability of its people to
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 5(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 5(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 section 5(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 section 5(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 section 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. 6. 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.
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