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[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.
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