S7430 CONGRESSIONAL RECORD — SENATE December 5, 2012 thing, Mr. Magnitsky was arrested in efforts to use the Magnitsky Act as a I would be remiss, however, if I didn’t front of his wife and children and way to protect human rights globally. say a word about what consumed us placed in pretrial detention. He was The Magnitsky Act is a simple yesterday with the vote on the disabil- held without a trial for 1 year. The straightforward call for justice. It sig- ities treaty. It is certainly a moment Russian Federal Security Service nals to the world that America will up- that stands out in my memories of my deemed Mr. Magnitsky was a flight hold its commitment to the protection time in the Senate. I can’t think of any risk to prolong his detention, based on of human rights and the rule of law. It other time when a former majority false claims that he had a U.K. visa ap- is a tool that could be extremely pow- leader has come to the floor—a vet- plication. erful in penalizing human rights viola- eran—who sought to have his col- While in custody, Mr. Magnitsky was tors everywhere. Many of us had hoped leagues join together in supporting tortured by officials, hoping he would to achieve a bicameral consensus in ap- something that would improve the withdraw his testimony, and falsely in- plying the Magnitsky Act globally. Al- lives of people with disabilities. criminate himself and his client. Re- though global language is not included I am not going to go back and fusing to do so, his conditions and his in the House bill being considered reargue it now. That would be fruitless health worsened. He stayed in an over- today, sanctions against human rights and I think not helpful to where we crowded cell with no heat, no sunlight, violations in Russia and within the want to move to. What we want to and no toilet. The lights were kept on Russian Government are still an im- move to is a place where we can pass throughout the night to deprive him of portant victory. It moves us in the this. I can say—I believe this—I can sleep. Mr. Magnitsky lost 40 pounds right direction. say to Senator Robert Dole that we and suffered from severe pancreatitis I hope we can work in the next Con- will pass the disabilities treaty and we and gallstones. gress to consider broadening the reach will pass it, I believe, early next year. Months went by without any access of the Magnitsky Act. Russia is not I base that on the fact that some Sen- to medical care. Despite hundreds of alone in its human rights abuses and ators had difficulties with the fact that petitions, requests for medical exam- the United States’ unwavering stance we are in a lameduck session and they ination and surgery were denied by against corruption should not stop had signed a letter which, regrettably, Russian Government officials. So were there. some of them didn’t digest completely family visits. After his arrest Mr. PNTR with Russia is an important but nevertheless signed, saying they Magnitsky saw his wife once and never vehicle for American trade and it wouldn’t take up a treaty in a lame- again saw his children. should serve as a reminder of our coun- duck session and I think some felt On November 13, 2009, Sergei try’s role in promoting the advance- compelled by that and others felt com- Magnitsky’s condition deteriorated ment of human rights. At the same pelled by other things. dramatically. Doctors saw him on No- time, I remain committed to sup- But here is what I think we can do. vember 16. He was transferred to a porting this role as we move forward. Starting next year, I believe we can Moscow detention center that had med- Mr. HATCH. I suggest the absence of move to additional hearings that can ical facilities and, instead of being a quorum. make crystal clear to all colleagues treated there immediately, he was The PRESIDING OFFICER. The the state, as it may not have been yes- placed in an isolation cell, handcuffed, clerk will call the roll. terday in some cases, with respect to beaten, and subsequently Sergei The bill clerk proceeded to call the both the law and the facts as it applies Magnitsky died. roll. to persons with disabilities. I pledge After his death, Russian officials re- The PRESIDING OFFICER. The Sen- now to make certain that within the peatedly denied the facts surrounding ator from Massachusetts. resolution of advice and consent, any his health condition. Requests by his Mr. KERRY. Mr. President, I ask concern that was not adequately ad- family for an independent autopsy were unanimous consent that the order for dressed—I personally believe they were rejected. Detention center officials said the quorum call be rescinded. addressed—it is possible we can find Mr. Magnitsky’s abdominal membrane The PRESIDING OFFICER. Without the language that will address the con- had ruptured and that he died from objection, it is so ordered. cerns of any Senator who yesterday toxic shock. The official cause of death f felt—whether it was the United Na- would blame heart failure. tions or homeschooling, I believe those According to the Russian State In- EXTENSION OF MORNING things can be adequately addressed. I vestigative Committee, Mr. Magnitsky BUSINESS do know a number of Senators said was not pressured and tortured but Mr. KERRY. Mr. President, I ask they would be prepared to vote for it died naturally of heart disease. The unanimous consent that morning busi- after we are out of the lameduck ses- committee said his death was ‘‘no- ness be extended until the majority sion, and I am confident we will pass body’s fault.’’ leader comes to the floor. the disabilities treaty in a different at- For 3 years not a single person has The PRESIDING OFFICER. Without mosphere and in a different time. been prosecuted for Mr. Magnitsky’s objection, it is so ordered. One of the things I learned from my false arrest, torture, murder, or for the The Senator is recognized as in senior colleague Ted Kennedy, who did massive fraud that he had the courage morning business. this for so many years, is that perse- to expose. Like many of my colleagues, f verance pays off when the issue is I continue to have real concerns about worth fighting for and we always have RUSSIA-MOLDOVA PNTR the current state of human rights and another day and another vote in the rule of law in Russia. I have come to Mr. KERRY. Mr. President, the Senate. That always affords us the op- the floor on numerous occasions de- chairman of the Finance Committee, portunity to make things right. We are manding accountability for Russia’s Senator BAUCUS, is tied up right now certainly going to try and do that. rampant extrajudicial offenses. with a scheduling conflict, working on This PNTR-Magnitsky bill is, in fact, Tragically, Mr. Magnitsky is not the the fiscal cliff issue, so he asked me if one of those opportunities where we only victim of the country’s criminal I would kick off the debate with re- can start to put the Senate on the regime. The cases of Mikhail spect to the Russia PNTR, H.R. 6156, right track, and I think all of us look Khodorkovsky and Planton Lebedev, the Russia and Moldova Jackson-Vanik forward to the chance to be able to do who remain in prison, are also poign- Repeal and Sergei Magnitsky Rule of that. ant examples of the corruption that Law Accountability Act of 2012. This bill passed the House of Rep- pervades the Russian Government. My I am very happy to do this on behalf resentatives by a huge margin of 365 to friend, the junior Senator from Mary- of Senator BAUCUS. We share a great 43. What it would do is establish per- land, has shown tremendous leadership partnership together as chairman of manent normal trade relations for Rus- on this issue and I commend him for our two committees focused on trade sia, and it would require the identifica- his steadfast dedication to the highest and on the relationship with Russia, tion and imposition of sanctions on in- standard of democracy and justice. I both of which come together in the leg- dividuals who are responsible for the have long supported Senator CARDIN’s islation today. detention, abuse and death of Sergei

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.043 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7431 Magnitsky and other gross violations the same high-level tariff we currently the foreign policy area are very rel- of human rights. pay. evant today, for instance, over Syria. Let me make my best argument, if I Let’s take one specific example. Mas- We understand that. We hope recent can, in favor of the bill, and then I wish sachusetts exported $18.5 million in events in Syria may be moving Russia to turn the discussion over to the rank- medical equipment to Russia in 2011, and the United States closer in terms ing member, Senator HATCH, to present but we face strong competition from of our thinking. But it is only a good his case for passage. After that, the China, which has increased its share of thing to bring Russia into a rules-based Presiding Officer of the Senate at this the Russian market in each of the last system with mechanisms for peaceful, moment, the Senator from Maryland, 10 years. We don’t shy away from transparent dispute resolution. Mr. CARDIN, will lead a discussion of strong competition, but we want that There is no debate—and I think the the provisions of the act related to competition to be able to be played out Presiding Officer knows this full well— honoring the memory of Sergei on an even playing field. As long as we that the very tragic and senseless Magnitsky and combating the types of don’t have normal permanent trade re- death of anticorruption lawyer Sergei human rights abuses that led to his lations with Russia, we are Magnitsky, who died while in Russian premature and tragic death. I wish to disadvantaging ourselves. It simply custody—is simply unacceptable. It is congratulate the Presiding Officer and doesn’t make sense. Since joining the appalling, and it highlights a human salute him for his significant efforts. WTO, Russia agreed to reduce average rights problem that has grown in its He has been dogged, and that compo- tariffs on medical equipment to 4.3 per- scope, not diminished. It is one we hope nent of this legislation would not be cent and to cut its top tariffs from 15 to be able to resolve with good rela- here today if it weren’t for the efforts percent down to 7 percent. As it stands tionships and good discussions. of the Senator from Maryland. Chair- now, that is a benefit China will get Senator CARDIN, the sponsor of that man BAUCUS will then have been able and we will not. It simply doesn’t make legislation in the House and in the Sen- to return to manage the rest of the sense to anybody. ate, is going to speak shortly about it, consideration on the floor at that time. To grant Russia PNTR status re- and I will leave him to describe in full As the Presiding Officer knows, quires us to repeal the 1974 Jackson- the nature of that particular compo- Chairman BAUCUS and I lead the two Vanik amendment. A lot of our staff nent of this bill. But suffice it to say Senate committees that are charged members, I hasten to say, were not that human rights, democracy, and with overseeing the twin pillars of even born back when Jackson-Vanik transparency activists in Russia favor America’s unique role in the world. Our was put in place. Many of our col- the passage of constructive human commitment to open, transparent and leagues and a lot of our staff have stud- rights legislation in our Congress, and free markets and our commitment to ied the Soviet Union but have never ex- they also see WTO membership and in- democracy and open discourse is a perienced that period of time. What we creased trade for the United States as force for international peace. We be- are living with is a complete and total an avenue toward progress. So there is lieve our global economic interests and relic of a bygone era. no contradiction in what is happening. our foreign policy values are closely Congress passed Jackson-Vanik dur- They understand, as we all should, that tied together. They should be closely ing the Cold War to pressure the Soviet repealing Jackson-Vanik is not a blan- tied together. That is why we urge our Union to allow Russian Jews to be able ket acceptance of any particular policy colleagues to seize this opportunity to emigrate freely. It was very success- or approach in Russia. It is certainly that Russia’s accession to the World ful. It worked, and as a result, the not an acceptance of what happened Trade Organization presents for both Kremlin worked with us and others to with respect to Sergei Magnitsky and job creation and our ability to bind help Jews be able to emigrate. As a re- that is because of the Magnitsky legis- Russia to a rule-based system of trade sult, every single U.S. President has, lation. and dispute resolution. regardless of political party, waived Repealing the bill—repealing Jack- Granting Russia permanent normal Jackson-Vanik’s requirements for Rus- son-Vanik—is not an economic give- trade relations is as much in our inter- sia since 1994. The American-Israel away to Russia. To the contrary, it ests as it is in theirs. Frankly, that is Public Affairs Committee, the National represents, as I have described, an what ought to guide the choices we Conference on Soviet Jewry, and the enormous opportunity for the United make in the Senate. The upside of this Government of Israel now all support States to compete on a fair playing policy is clear on an international the repeal of Jackson-Vanik for Russia. field with other countries and to create landscape. It is one that rarely offers With too many Americans still search- more jobs in the United States. By es- this kind of what I would call, frankly, ing for jobs all across our country, our tablishing PNTR with Russia, U.S. a kind of one-sided trade deal—one manufacturing sector needs every businesses will win increased market that promises billions of dollars in new boost it can get. We cannot afford to access without giving up anything in U.S. exports and thousands of new jobs retain Jackson-Vanik any longer. This return. There would be no tariff in America. That is certainly in our in- is in America’s interest. Despite changes, no market concessions, noth- terests. progress, our trade deficit remains too ing. It, frankly, diminishes the willing- Today, Russia is the world’s seventh wide, and I think that seizing this op- ness of some hard-liners in Russia to largest economy. Having officially portunity to increase exports to Russia distort the current dialog and to dis- joined the WTO on August 22, Russia is is one very obvious way to be able to tort the possibilities of a better rela- now required by its membership in the make concrete progress in reducing tionship, which we want with Russia. WTO to lower tariffs and open to new that trade deficit. By taking this away, we will reduce imports. That sudden jump in market U.S. exports to Russia total more the abuse of Jackson-Vanik as a rhe- access is, frankly, important to any than $9 billion a year. Establishing torical tool to rally anti-American sen- country that is the first country PNTR for Russia could double that timent in Russia. I believe we can do through the door, and if we don’t pass number in just 5 years, according to something very important here today this trade legislation, we will not be one recent study. That could mean and both our economy and our foreign among those countries. thousands of new jobs across every sec- policy will be better for the effort. I can tell my colleagues Massachu- tor of our economy. With the Russian I yield the floor. setts, speaking for my State, welcomes economy’s impressive growth, it is ac- The PRESIDING OFFICER (Mr. access to the Russian market, and we tually—Russia is expected to outgrow MERKLEY). The Senator from Utah. want that access to be played out on a Germany by about 2029, so it is steadily Mr. HATCH. Mr. President, we will level playing field. The State of Massa- growing in the world marketplace. The soon vote on H.R. 6156, the Russia and chusetts exported $120 million worth of long-run gains for everybody would be Moldova Jackson-Vanik Repeal and goods to Russia last year, and those ex- even greater. Sergei Magnitsky Rule of Law Ac- ports obviously support hundreds of None of us is going to suggest that countability Act of 2012. The trade ele- jobs. But if we don’t pass this bill, every issue with respect to Russia has ments of the bill are identical to legis- those exports will face competition been resolved. We know there are still lation which passed the Senate Finance from other countries that will not pay points of tension, and some of them in Committee by unanimous vote on July

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.045 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7432 CONGRESSIONAL RECORD — SENATE December 5, 2012 18, 2012. The bill repeals the application we insisted on more. Working side by There were many other gaps in Presi- of the Jackson-Vanik amendment to side with our Senate and House col- dent Obama’s Russia policy. To help Russia and Moldova, which will enable leagues in both parties, we drafted a fill these gaps, I worked with my Sen- U.S. workers and job creators to fully bill which serves our economy and re- ate Finance Committee colleagues to benefit from Russia and Moldova’s ac- places the application of the Jackson- add provisions to the permanent nor- cession to the World Trade Organiza- Vanik amendment with policies more mal trade relations bill introduced by tion. The bill will also put into place appropriate for the realities in Russia our chairman, Mr. BAUCUS, that ad- new tools to help stop human rights today. We should all be justly proud of dress a number of these issues. abuse and battle systemic corruption our bipartisan effort. Basically, the bill First, I worked with Senator KYL to within Russia. we will vote on fills many of the gaps develop language to further advance After 18 years of hard fought negotia- in President Obama’s policy toward anti-corruption efforts in Russia by re- tions under both Republican and Demo- Russia. quiring the U.S. Trade Representative cratic administrations, President For example, rather than ignore con- and the Secretary of State to report Obama finalized the terms of Russia’s tinuing human rights abuses and cor- annually on their efforts to promote accession to the WTO on November 10, ruption in Russia, my friends and col- the rule of law and U.S. investment in 2011. Russia was invited to join the or- leagues, Senators MCCAIN and CARDIN, Russia. We also included a provision to ganization on December 16, 2011, and joined together with many others to assist U.S. businesses, especially small officially joined in August of this year. craft a bill to help combat deep-rooted businesses, to battle corruption in Rus- Now that Russia is a member of the and institutionalized corruption within sia by requiring the Secretary of Com- WTO, for our workers to benefit Con- Russia. This bill became the Sergei merce to devote a phone hotline and se- gress has no choice but to extend per- Magnitsky Rule of Law and Account- cure Web site to allow U.S. citizens and manent normal relations to Russia ability Act. By the end of this debate, businesses to report on corruption, through repeal of the application of the the American people will be intimately bribery, and attempted bribery in Rus- Jackson-Vanik amendment. familiar with the name Sergei sia and to request the assistance of the Russia is now a member of the WTO, Magnitsky. U.S. Government if needed. but they are under no obligation to ex- Briefly, Sergei was a Russian tax I was also highly disappointed that tend the economic benefits of their lawyer investigated by the Russian the administration did not finalize an membership to the United States un- Government for alleged tax evasion SPS equivalency agreement with Rus- less we have permanent normal trade and fraud. In reality, Sergei was tar- sia before agreeing to let them join the relations. Simply put, if Congress does geted by government officials for his WTO. Under an SPS equivalency agree- not act, our workers and exporters will role in uncovering tax fraud and cor- ment, Russia would recognize our food be at a serious disadvantage in trying ruption within the Russian Govern- safety standards as equivalent to its to export their goods and services to ment. Sergei was arrested and held for own, thereby reducing costs and bur- the Russian market, and that will cost 11 months without trial. While in pris- densome paperwork on U.S. exporters. us jobs at home. Given our weak eco- on, Sergei was subject to mistreatment Today’s bill requires the Trade Rep- nomic recovery, if it is a recovery, it is and torture and was eventually beaten resentative to continue efforts to nego- critical that Congress does everything to death. Unfortunately, such sad sto- tiate a bilateral SPS equivalency it can to help U.S. workers to compete. ries are all too common in Russia agreement with Russia. In an effort to There are many economic benefits to today. apply continued pressure on the admin- Russia’s WTO accession. Under the Rather than tolerate such injustice, istration to resolve these problems, we terms of its accession, Russia must cut my friends, Senators MCCAIN and included language requiring the Trade tariffs on manufactured products, re- CARDIN, introduced legislation to im- Representative to report to Congress duce duties on farm products, open its pose sanctions on individuals respon- annually on Russia’s implementation service markets to U.S. firms, meet sible for, or who benefited financially of its WTO sanitary and phyto-sanitary international intellectual property from, the detention, abuse, and/or obligations. rights standards, and reduce customs death of Sergei Magnitsky, as well as Intellectual property rights protec- clearance fees. If Russia fails to meet other human rights abusers. Their ef- tion in Russia remains poor. To make any of its commitments, Russia will be forts resulted in the inclusion of provi- sure that Russia meets its commit- subject to WTO dispute settlement pro- sions in this bill which impose visa re- ments in this area, we included lan- ceedings. strictions and asset freezes on those in- guage requiring the Trade Representa- Russia is an attractive market for volved in human rights abuses in Rus- tive to report annually on Russia’s American exporters. It is the world’s sia. compliance with its WTO intellectual 11th largest economy with more than This will be a powerful new tool to property rights obligations. As part of 140 million consumers and the last battle corruption within Russia, as cor- its accession package, Russia com- major economy to join the World Trade rupt Russian officials will no longer be mitted to joining the WTO Information Organization. American companies and able to travel to the United States or Technology Agreement. Once they are workers must compete on a level play- hide their ill-gotten gains in many a member, this agreement will allow a ing field with their foreign competitors Western institutions. number of additional U.S. high-tech- in Russia to succeed. The Magnitsky Act represents an ad- nology products to be exported to Rus- When President Obama first asked mirable replacement of the Jackson- sia duty free. Unfortunately, Russia Congress to remove Russia from long- Vanik amendment, and it is designed has to date failed to fully live up to standing human rights legislation and to address the situation in Russia this commitment, even though Russia grant permanent normal trade rela- today. President Obama opposed efforts became a member of the WTO in Au- tions for Russia, he suggested that we to include these provisions, concerned gust. To ensure that the administra- do it unconditionally. Even before Rus- that holding Russian Government offi- tion holds Russia’s feet to the fire, the sia joined the WTO, President Obama cials accountable for their crimes Trade Representative must report an- and his team argued that Congress might offend President Putin and un- nually on Russia’s compliance with should quickly pass a clean bill. Given dermine the administration’s ill-con- this commitment as well as its com- the myriad problems we have with Rus- ceived reset policy. mitment to join the WTO Government sia, it has always been very hard for I am proud that my House and Sen- Procurement Agreement. me to understand this position. Presi- ate colleagues stood firm on the side of When Ambassador Ron Kirk testified dent Obama and his team appeared al- justice and demanded that these provi- before the committee in June, he com- most manic in their attempts to avoid sions be included. Jackson-Vanik mitted to continue efforts to develop offending President Putin and his gov- served its purpose with respect to Rus- an intellectual property rights action ernment or doing anything at all to sia and should be revoked, but in its plan which implements Russia’s obliga- upset their failed reset policy. place we should respond to Russia’s tions under a 2006 bilateral IPR agree- Fortunately, just as Congress did in continued corruption and human rights ment with the United States. That 1974 when they created Jackson-Vanik, violations. agreement goes beyond Russia’s WTO

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.050 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7433 commitments, requiring, among other floor and my colleagues here who are culture. Ranching is a major driver of things, that Russia take enforcement for this bill—in support of this bill. our agricultural economy. When Mon- actions against Russia-based Web sites I yield the floor. tana ranchers can sell more beef in posting infringing content, implement Mr. CARDIN. I suggest the absence of Russia, they can support more workers the World Intellectual Property Orga- a quorum. in Montana. It is that simple. It is a nization copyright treaty and perform- The PRESIDING OFFICER. The similar story in States all across our ances and phonograms treaty, and clerk will call the roll. country. enact a system of data exclusivity for The assistant bill clerk proceeded to I know that passing PNTR will not pharmaceuticals. call the roll. solve all of our trade problems with I understand the administration is Mr. BAUCUS. Mr. President, I ask Russia, but it gives us new tools to working on completing that action unanimous consent that the order for tackle these problems, such as binding plan quickly and that our workers will the quorum call be rescinded. dispute settlements. Thanks to the ef- soon be able to benefit from the agree- The PRESIDING OFFICER. Without forts of Senators HATCH, STABENOW, ment reached in 2006. To ensure that objection, it is so ordered. ROCKEFELLER, BROWN of Ohio, and oth- this is the case, this bill requires the Mr. BAUCUS. I understand we are, in ers, this bill includes strong measures administration to continue efforts to effect, debating Russian PNTR. Robert to ensure Russian compliance with its finalize that agreement. Louis Stevenson once said, ‘‘The mark WTO obligations and that the adminis- Russia’s WTO commitments go far of a good action is that it appears inev- tration enforces them. beyond intellectual property rights. itable in retrospect.’’ When I traveled This legislation also includes the Given President Obama’s past reluc- to Russia in February, many doubted Sergei Magnitsky Rule of Law Ac- tance to hold Russia accountable for that Congress would establish perma- countability Act to help fight criminal its actions, I wanted to make a tool nent normal trade relations, known as rights abuses in Russia. In 1974, Sen- available to Congress and the Amer- PNTR, with Russia this year. But in ator Jackson and Congressman Vanik ican people to put pressure on the ad- July the Senate Finance Committee teamed together to pass legislation ministration to make sure that Russia unanimously approved legislation to do called the Jackson-Vanik bill, which lives up to its international commit- just that. And last month the House of this legislation repeals. Jackson-Vanik ments. So we included language which Representatives passed very similar addressed one of the biggest human provides an opportunity for public Russia PNTR legislation with 365 ‘‘yes’’ rights abuses in Russia at that time. comment and hearings on Russia’s votes. Passing PNTR clearly is a good And it succeeded. For the last 20 years, compliance with its obligations. If action for the United States. It is also Jews have been able to freely emigrate there are areas where Russia is not in an obvious one. Why obvious? Jobs. from Russia, what Jackson-Vanik was compliance with its obligations, the PNTR will mean more job opportuni- trying to address. administration is required to develop ties for American farmers, ranchers, Jackson-Vanik is outdated. Jews can an action plan to address them and businesses, and workers. emigrate from Russia and this is no then provide an annual report on their Russia is a fast-growing market. For longer an issue. Senator CARDIN has enforcement efforts to bring Russia the United States to share in that courageously pushed the Magnitsky into compliance. growth, we must first pass PNTR. If we legislation for years. I commend him. I believe this package of modifica- do, American exports to Russia are The Magnitsky provisions in this legis- tions vastly improves the bill. The projected to double in 5 years. When lation address one of the biggest Trade Representative’s general counsel Russia joined the World Trade Organi- human rights abuses in Russia today. apparently agrees, stating during con- zation in August, it lowered its trade The bill would punish those responsible gressional testimony that ‘‘this bill barriers to all WTO members who have for the death of anticorruption lawyer provides the strongest package of en- PNTR with Russia. This is no small Sergei Magnitsky and others who com- forcement measures for us at USTR to matter. mit human rights violations in Russia. move forward and ensure full compli- It includes lower tariffs on aircraft It would do so by restricting their U.S. ance once Russia joins the WTO.’’ and auto exports, larger quotas for beef visas and freezing their U.S. assets. It was over 30 years ago that Senator exports and greater access to Russian Passing PNTR along with these pro- Henry Jackson and Congressman telecommunications and banking mar- visions is the right thing to do. In clos- Charles Vanik stood up to their Presi- kets. It also includes strong commit- ing, I urge my colleagues to follow the dent and demanded that the adminis- ments to protect intellectual property words of Robert Louis Stevenson and tration address policies that denied in- and to follow sound science on agricul- take good action. Every day we wait, dividuals, especially Jews, the right to tural imports. It includes greater U.S. farmers, ranchers, businesses, and emigrate from Russia and other com- transparency on Russian laws and bind- workers fall farther behind their com- munist nations. Their work became ing WTO dispute settlement. All very petitors. We owe it to them to pass this known as the Jackson-Vanik amend- important. legislation. We owe it to them to make ment. The policies embodied in that One hundred fifty-five countries al- it inevitable. amendment helped create the environ- ready receive these benefits in Russia. I yield the floor and I suggest the ab- ment for literally hundreds of thou- They receive those benefits right now. sence of a quorum. sands of Jews to emigrate from the That is to say, every single member of The PRESIDING OFFICER. The former Soviet Union, many of them to the World Trade Organization—all 155 clerk will call the roll. their homeland of Israel. countries—except one, the United The assistant bill clerk proceeded to Jackson-Vanik served its purpose in States of America, receives those bene- call the roll. Mr. BAUCUS. Mr. President, I ask Russia, but today we act to address the fits. So right now, companies and unanimous consent that the order for issues on the ground in Russia as we workers in China, Canada, and Europe the quorum call be rescinded. debate this bill. Today Congress will can take full advantage of these export The PRESIDING OFFICER. Without once again lead the way to help shape opportunities in Russia, the world’s objection, it is so ordered. the future of U.S.-Russian relations. sixth largest economy. But U.S. com- Mr. BAUCUS. Mr. President, I won- Approval of this bill will help establish panies and workers cannot. der if the Senator from Ohio is ready to a framework for addressing the myriad We cannot let this stand. When Rus- speak? economic problems we face with Rus- sia joined the World Trade Organiza- Mr. BROWN of Ohio. Yes. sia’s Government. If the administra- tion in August, we Americans gave up Mr. BAUCUS. How much time does tion uses these tools effectively, we nothing. We will give up nothing if we the Senator wish to have? will see the fruits of our efforts, as we pass PNTR legislation now. We change Mr. BROWN of Ohio. Five minutes. one day work side by side with a Russia no U.S. tariffs, we change no U.S. trade Mr. BAUCUS. I ask unanimous con- free from corruption and in full compli- laws. This is a one-sided deal in favor sent that the Senator from Ohio be al- ance with its international obligations. of American exporters. lowed to speak for 5 minutes. I urge my colleagues to join me—and In my home State of Montana, one The PRESIDING OFFICER. Without my colleagues on the other side of the out of five 5 jobs today is tied to agri- objection, it is so ordered.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.051 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7434 CONGRESSIONAL RECORD — SENATE December 5, 2012 Mr. BROWN of Ohio. Mr. President, lations or failing to follow the rule of trade can be an instrument for improv- the bill extending permanent normal law might take place, we can ensure ing human rights and the rule of law. trade relations to Russia is a positive that our trade relations with Russia PNTR now includes the important step for American business and Amer- put our interests first to build con- Magnitsky legislation, which will im- ican workers. I have been critical of fidence, that our government can en- pose travel and financial penalties on both Democratic and Republican ad- force the rules. Again, prior to poten- officials responsible for human rights ministration approaches to trade nego- tial misbehavior—as we saw with abuses abroad. I commend Senator tiations and enforcement in the past. I China—we will likely not see this from CARDIN for his leadership on this issue, think the improved enforcement re- Russia because of this. Similar to any on this important amendment. porting requirements in this legisla- trade agreement, commitments must As the administration looks ahead to tion are a step in the right direction be adhered to; otherwise, they are not trade initiatives such as TPP and the toward monitoring and toward enforce- worth negotiating. United States-European Union Trade ment of Russia’s commitments made as As an additional measure of commit- Agreement, Congress can take steps part of its new membership in the ment, I appreciate the administration’s now, new steps, to assure the benefits World Trade Organization. response to my request. Senior per- of expanded trade reach workers, reach For too long, both Democratic and sonnel at the Office of the U.S. Trade small manufacturers, not just large Republican administrations have nego- Representative, at USTR, who have corporations. Several colleagues and I tiated trade agreements that under- served our government in Russia and have proposed legislation updating our mine rather than maximize American are fluent in Russian are held account- negotiating objectives on labor, on the job creation. Too often these agree- able for monitoring Russia’s compli- environment, on import safety, and to ments have failed to demand that our ance with its WTO commitments. restore congressional oversight to fu- partners follow the same rules we do. Again, this is something we didn’t do a ture trade negotiations to agreements Too often our government has not held decade-plus ago with the People’s Re- and especially to their enforcement. It our trade partners accountable when public of China. is time we practice trade so it achieves they do not meet commitments to Japan and Europe have already real results for middle-class families in which they have already agreed. We threatened to take Russia to the WTO promoting job creation. have seen this in our trade relationship over a number of unfair trade restric- While the Russia PNTR represents a with China for more than a decade. tions, including on autos. The United positive step forward, we must build on From currency manipulation to intel- States will need to be vigilant on these this step to ensure that over the long lectual property theft, to failing to issues as well. This work that Chair- term, promises made are promises offer reciprocal access to its govern- man BAUCUS did, that the House Ways kept. ment procurement market, to hoarding and Means did, and the administration The PRESIDING OFFICER. The Sen- rare earth materials, the People’s Re- has done and will continue to do gives ator from Arizona. public of China has ignored its inter- us that opportunity to be more vigilant Mr. KYL. Mr. President, tomorrow national commitments and obligations. and more effective. this body will vote to advance legisla- For more than a decade, American Our workers, our farmers, our ranch- tion that will grant permanent normal workers and manufacturers, especially ers, and producers should have con- trade relations with Russia and, in so in a State such as mine, Ohio, have fidence that the trade deal signed will doing, repeal the Cold War-era Jack- paid the price. There were thousands of actually be enforced. For companies in son-Vanik sanctions that denied most- lost jobs, a trade deficit that grew from my State, such as Proctor & Gamble, favored nation status to China. $83 billion in 2001 to $295 billion in 2011 Goodyear or Alcoa, that stand to ex- As part of this comprehensive pack- and a deficit in auto parts alone that port more goods to Russia because of age, the Senate will also pass the so- went from about $1 billion a decade ago PNTR, enforcement of the rules mat- called Magnitsky bill. This piece of leg- to about $10 billion today. ter. Whether economic opportunities islation was inspired by a young Rus- More recently, though, President for our businesses and our workers sian attorney, Sergei Magnitsky, who Obama stood up to China issues on from Russia’s PNTR, we can’t ignore died in police custody in 2009 after he steel, which led to a new steel mill in the Russian Government’s consolida- was jailed on trumped-up charges for Youngstown, OH; more steel jobs in tion of power and crackdown on polit- exposing a vast web of corruption and Cleveland and Lorain, OH; on tires, ical opponents, including the Russian tax fraud by some of Russia’s most sen- which have translated into more jobs media. Despite these challenges, ior officials. in Findlay, OH; and on aluminum, though, we should not turn our backs Sergei’s story, extensively reported which has meant more jobs in Heath as Russia continues breaking free from and documented by human rights ac- and Sidney, OH. That is obviously good its totalitarian past. These are strong tivists, business leaders, journalists, news in my State and around the coun- economic and democratic forces that and others, helped stir a bipartisan try. But our experience in China proves are moving forward in Russia. These group of Senators led by our colleague we must more closely monitor our forces for change must be supported Senator BEN CARDIN to draft legisla- trade partners’ commitments before and must be allowed to grow. We must tion to hold accountable officials from workers and businesses are injured by not forget how far Russia has come or all over the world who disregard basic them. how far it has to go. human rights and fail to uphold the As part of its WTO accession, Russia About 40 years ago, Senator Jackson rule of law, including those responsible committed to lower tariffs on manufac- from Washington State and Congress- for the murder of Sergei Magnitsky. tured goods to ensure predictability by man Vanik from my State of Ohio—the Unfortunately, the legislation before capping quota levels and to meet inter- son of a Cleveland butcher—offered an us is deficient. While I do not intend to national standards on intellectual amendment to a trade bill that used make perfection the enemy of the property rights. I am pleased to see the the leverage of the U.S. market to deny good, this bill falls short of the long- legislation extending Russia PNTR in- favorable trade status. standing objective of this body to dem- cludes enforcement measures much The PRESIDING OFFICER. The time onstrate a sustained commitment to stronger than the China PNTR, several of the Senator has expired. the long tradition of U.S. leadership in based on legislation I introduced ear- Mr. BROWN of Ohio. Mr. President, I the fight against corruption and lier this year. ask unanimous consent for 1 additional human rights abuses around the world. By requiring the U.S. Trade Rep- minute. Regrettably, the House-passed bill resentative to monitor Russia’s com- The PRESIDING OFFICER. Without deals only with Russian officials. pliance with its WTO obligations to objection, it is so ordered. Sergei Magnitsky’s story could have publish an annual report and our ac- Mr. BROWN of Ohio. This was to been lost. It was kept alive by impas- tions to promote compliance and estab- deny favorable trade status to coun- sioned and inspired friends and sup- lish a formal and public process for tries that restrict immigration. Jack- porters in Russia. workers to weigh in on Russia’s son-Vanik became antiquated more But from Pyongyang to Minsk, to progress in anticipation and before vio- than a decade ago, but it proved that Harare, and elsewhere, there are many

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.061 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7435 who remain voiceless under despots For the information of all Senators, Let me just say I expect my good and strongmen and lack the advocates we expect a rollcall vote on the nomi- friend, the majority leader, to decline and resources to detail their abuses nation of Michael Shea, a district court this chance to support the President and seek justice, whether through doc- judge for the District of Connecticut, and this laughable proposal because umentary film or newspaper stories. at approximately 5:30. they know it couldn’t even pass if it That is why the Senate bill went be- We will go into executive session at 5 was sent to their majority. yond the particular case of Sergei and move toward that. The PRESIDING OFFICER. The ma- Magnitsky. Much like Jackson-Vanik f jority leader. forced Budapest, Warsaw, and Moscow Mr. REID. I reserve the right to ob- UNANIMOUS CONSENT to allow citizens to freely emigrate or ject. AGREEMENT—H.R. 6156 travel, I believe a global approach Just a minute ago, Mr. President, I would help to deter future abuses Mr. REID. Mr. President, I ask unan- moved to the Russia trade bill. The throughout the world. I am puzzled imous consent that no amendments be purpose of moving this bill is to pro- and, frankly, disappointed that our in order to H.R. 6156; that following the tect American jobs. If we don’t do this House colleagues did not recognize our reporting of the bill, there be up to 5 legislation, we will lose American jobs government needs tools that will allow hours of debate, equally divided by the for sure and put American companies it to stand up for these individuals re- two leaders or their designees during in even worse shape than they are with gardless of where they are in the world. today’s session; that on Thursday, De- Chinese and European companies. So Because some have elevated the sub- cember 6, at a time to be determined the question is really this: Are we ject of commerce above human rights, by the majority leader, after visiting going to get serious here and legislate there is a view that it is more impor- with and consulting with the Repub- or is this more of the obstructionism tant to pass PNTR than a global lican leader, there be up to 10 minutes we have felt so much of during this last Magnitsky bill; thus, we should settle of debate, equally divided by the two Congress? The answer to that is really for a Russia-only bill. While the Jack- leaders or their designees; and that obvious. The answer is yes. Are we son-Vanik sanctions we are about to upon the use or yielding back of time going to continue the sort of political repeal have obviously outlived their the Senate proceed to vote on passage stunts the minority leader is trying to usefulness, there is an urgent need for of the bill. pull here and now? The PRESIDING OFFICER. Is there additional tools to protect the invisible On the substance, the Senate has objection? around the world. passed a bill that will go a long way to The minority leader. I hope our collective failure to give address the fiscal cliff. It has already voice to their struggles, except in Rus- Mr. MCCONNELL. Mr. President, re- serving the right to object, last week, passed here. Last July the Senate sia, will not discourage these brave passed a bill to continue tax cuts for 98 men and women, whether in Beijing, Secretary Geithner brought up for the President an offer that was so not seri- percent of all Americans and 90 percent Tehran or elsewhere, from their contin- of all American small businesses. If the ued efforts to root out corruption or ous it makes me wonder what the point of it was. In light of that offer, I would Republican leader were serious about expose rule of law abuses. preventing us from going over the fis- For now, at least, we address the like to see if our Democratic friends are willing to support it. It includes a cal cliff, he would urge his colleague, problem in Russia. While I will not be the Speaker, to get the House to take here next year, I hope my colleagues in $2 trillion tax increase over 10 years, which would be the biggest real-dollar up the Senate-passed bill now. There both the House and Senate will seek to are Republicans who have already said uphold U.S. values and to do justice to tax increase in U.S. history. It in- creases taxes on nearly 1 million small that is the right thing to do. Conserv- Sergei Magnitsky and his legacy by atives, more moderate Republicans—we passing a global bill sometime in the businesses and increases the taxes paid by family farmers and small businesses even had one Republican Senator today future. say she thinks that will happen and it The PRESIDING OFFICER. The Sen- at death in the middle of a jobs crisis. Most outrageous of all, it gives the should happen. ator from Maryland. In the meantime, the Republican Mr. CARDIN. Mr. President, first, let President of the United States unilat- eral power—unilateral power—to raise leader’s request is just a stunt. But the me thank Senator KYL for his leader- election is over. It is time to get down ship on this issue. He knows I share his the limit on the Federal credit card, to business. These pieces of paper he views on the global aspect of the legis- the so-called debt ceiling, whenever he has—Secretary Geithner didn’t bring lation. I wish to thank him for his ex- wants, for as much as he wants. I don’t think we should have to spec- that stack of stuff to me. It was a pri- traordinary leadership as we have been ulate how Democrats might feel about vate meeting—a private meeting—try- working this issue. We have worked it this. I think we should give them a ing to work something out with this hard to try to get as far as we possibly chance to demonstrate for themselves very troublesome issue facing this could. He will be missed in the next how serious the President’s plan was country—the deficit, the debt. And this Congress. and how serious they are. We will take up this cause again, but private meeting turned out to be a pub- I would like to ask consent to offer licity stunt for the Republicans talking I wanted to thank Senator KYL for his an amendment to the Russia trade commitment on this issue and finding about what he had said in private. bill—this is Secretary Geithner’s pro- So, Mr. President, I object. a way that we could advance this bill posal right here—an amendment to the The PRESIDING OFFICER. Objec- to the floor. I do look forward to the Russia trade bill that gives our friends tion is heard. day we will make this bill global. on the other side of the aisle a chance Is there objection to the original re- I suggest the absence of a quorum. The PRESIDING OFFICER. The to vote on this proposal Secretary quest? clerk will call the roll. Geithner brought up last Thursday. It The Republican leader. The assistant bill clerk called the gives the President’s proposal to solve Mr. MCCONNELL. Mr. President, I roll. the fiscal cliff, as delivered by Sec- would add one comment about the con- Mr. REID. Mr. President, I ask unan- retary Geithner and outlined in the sent I just offered. I think it would not imous consent that the order for the President’s budget, an opportunity to be inaccurate to assert that the pro- quorum call be rescinded. be voted upon. posal the Secretary of the Treasury The PRESIDING OFFICER. Without I should note I would be happy to brought up last Thursday would not objection, it is so ordered. have this vote right here or as an have passed the House when NANCY f amendment to the next bill or as a PELOSI was Speaker. This was an stand-alone. It will not slow down what unserious proposal. And I can under- ORDER OF BUSINESS I hope is swift passage of PNTR for stand why my good friend the majority Mr. REID. As provided under the pre- Russia. If this proposal was made in leader would rather not vote on it be- vious order, at 5 p.m., the Senate will good faith, our friends on the other cause I can’t imagine that it would get proceed to executive session to con- side, I am sure, would be happy to vote many, if any, votes here in the Senate sider Calendar No. 676. for it. as well.

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