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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3786 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 3786

To suspend normal trade relations treatment for the Russian Federation 
          and the Republic of Belarus, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                March 8 (legislative day, March 7), 2022

 Mr. Wyden (for himself and Mr. Crapo) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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 the 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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