[Congressional Record Volume 168, Number 62 (Thursday, April 7, 2022)]
[House]
[Pages H4415-H4418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUSPENDING NORMAL TRADE RELATIONS WITH RUSSIA AND BELARUS ACT
Mr. NEAL. Mr. Speaker, I move to suspend the rules and concur in the
Senate amendment 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
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.
[[Page H4416]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Massachusetts (Mr. Neal) and the gentleman from Texas (Mr. Brady) each
will control 20 minutes.
The Chair recognizes the gentleman from Massachusetts.
General Leave
Mr. NEAL. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. NEAL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am relieved that the Senate has sent this measure back
to
[[Page H4417]]
us after the House initially advanced the legislation a month ago. We
are now considering this important legislation to suspend normal trade
relations with Russia.
The facts, the atrocities, and the emotions are all packaged in the
American and Congressional response in the coming moments. We will
shortly consider this amendment to H.R. 6968 which will suspend Russian
oil imports so that both measures may go directly to the President's
desk.
We have no time to waste and must immediately further punish Vladimir
Putin.
What we have witnessed in Bucha over the course of the last 72 hours
alone more than justifies the positions we have taken in the past and
to be even more assertive and aggressive going to the future. Innocent
people are being slaughtered on the streets of Ukraine even as we meet,
and the denial that has taken place from the Russian President is
outrageous.
These atrocities that are taking place in Ukraine are unthinkable.
The disinformation and the misinformation that has been generated from
Russia defies modern logic. But in this modern era, the world can see
the devastation in near real time.
President Zelenskyy is an inspiration to the world. People have been
bombed out of residential neighborhoods, and refugees have been
streaming across the borders to safety. There has occurred
indiscriminate killings of civilians and of innocent children. Congress
must do whatever we can to end this brutality and support the Ukrainian
people.
Mr. Speaker, I want to thank Mr. Brady for his partnership in
advancing this legislation to suspend normal trade relations with
Russia and its enabler, Belarus.
The legislation to ban the import of Russian energy makes enormous
sense today. These actions will further isolate Putin and inflict
greater pressure on the Kremlin to end its campaign of terror on
Ukraine--and that is exactly what it is: a campaign of terror.
We stand with NATO committed to democracy and to peace on the
European continent.
Mr. Speaker, this legislation I know will receive broad support from
our colleagues, and I reserve the balance of my time.
Mr. BRADY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Senate has finally taken action, and now we move
forward on our bill to answer President Zelenskyy's passionate plea to
the United States and all free nations to stand with the brave people
of Ukraine against Putin's deadly ambitions and heartbreaking genocide.
Putin's onslaught has been relentless. Beautiful town squares have
been leveled, children have been killed, and families have been abused.
The bill we sent to the President today will stop American dollars from
funding Russia's bloodletting.
Today, Mr. Speaker, we are leading, and I thank Chairman Neal for his
great leadership and his work on this bipartisan provision to suspend
Russia's special trade status.
I was proud to have helped lead this bipartisan effort of the House
Ways and Means and Senate Finance Committees. Both parties in Congress
came together and worked in good faith on a bipartisan, bicameral
agreement to immediately ban purchases of Russian energy and suspend
our trading relationship with Russia and Belarus.
We don't take these steps lightly, but Russia's aggression requires
this approach. Russia will no longer enjoy the same special trade
status with America as the country it is invading so that it will no
longer be able to sell made-in-Russia products into the United States
at lower tariffs.
Combined with the energy import ban which targets 60 percent of what
Russia sells us, this provision targets the remaining 40 percent,
hurting Russia's economy and cutting off funding for its war effort.
Said another way, American dollars will no longer fund Russia's war
machine. This is another step in the right direction and includes
further incentives for Russia to end its aggression.
This bill, by the way, includes tough but clear conditions to be met
for restoring Russia's trade status--the same conditions as we are
requiring to reverse the import ban on Russian energy products.
Going forward, we must continue to work closely with our allies to
increase pressure on Russia and ensure this is an effective, global
effort.
Neighboring Canada has also taken serious action to do both of these,
and other nations have announced their intentions to do the same.
Finally, I am glad this bill no longer includes controversial changes
to the Global Magnitsky Act sanctions authority. Instead, this bill
merely includes a straight extension of the current Global Magnitsky
authority.
Mr. Speaker, I am thankful that the Senate shared our concerns and
removed that provision, and I reserve the balance of my time.
Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, I thank both of the gentlemen for their
bipartisan effort on this bill.
Six weeks ago today Putin began his bloody aggression in Ukraine. The
next morning Representative Blumenauer and I introduced legislation to
revoke normal trade relations with Russia and expel it from the World
Trade Organization.
On March 9, this House overwhelmingly approved action on the World
Trade Organization but deferred the PNTR provision and added the
important Magnitsky provisions--which the Senate has weakened today in
this legislation--and a ban on Russian energy. Thereafter, on March 17,
the House approved overwhelmingly again the PNTR provisions.
It has taken 6 long weeks to approve this first economic sanctions
legislation, but today it is finally done. We know that it will not
immediately end the funding of the Putin war machine, but it is a step
in the right direction.
Let us hope that the administration will move forward more
expeditiously on getting Ukrainians every weapon they need to defend
themselves and that it will move faster than this bill did.
Mr. BRADY. Mr. Speaker, I yield 1 minute to the gentleman from
Nebraska (Mr. Smith), who is the Republican leader of the Trade
Subcommittee.
Mr. SMITH of Nebraska. Mr. Speaker, I rise today in support of H.R.
6968.
I think it has been well-laid out here that we could have done this
some weeks ago on March 9 when the bill originally passed. It is
regrettable that Speaker Pelosi chose to try to add some controversial
provisions that actually slowed it down.
It is high time that we come together in an action like this.
Mr. Speaker, I am glad to say that as the lead Republican on the Ways
and Means Trade Subcommittee, I support this, and I urge my colleagues
to do the same.
Mr. BRADY. Mr. Speaker, I yield myself the balance of my time.
This bill has overwhelming support. It is time to act now.
Mr. Speaker, I urge passage, and I yield back the balance of my time.
Mr. NEAL. Mr. Speaker, the gentleman's position was well-stated. I
think this legislation is powerful in terms of the message it sends to
the world. It reinforces what we have done here over the course of the
last 6 weeks.
The House has been consistent on all of these measures from day one.
I would ask that there be a very strong and assertive vote today to
send a message to a dictator in Russia who is killing innocent women
and children in the streets of Ukraine, and at the moment he appears to
be still unrestrained.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts (Mr. Neal) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 7108.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BRADY. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings are postponed.
[[Page H4418]]
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