II 

109TH CONGRESS 

1ST SESSION S. 46 

To authorize the extension of unconditional and permanent nondiscriminatory 

treatment (permanent normal trade relations treatment) to the products 

of Ukraine, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. LEVIN (for himself and Mr. LUGAR) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To authorize the extension of unconditional and permanent 

nondiscriminatory treatment (permanent normal trade 

relations treatment) to the products of Ukraine, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds that— 

5 (1) Ukraine allows its citizens the right and op6 portunity to emigrate, free of anything more than a 

7 nominal tax on emigration or on the visas or other 

8 documents required for emigration and free of any 
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1 tax, levy, fine, fee, or other charge on any citizens 

2 as a consequence of the desire of such citizens to 

3 emigrate to the country of their choice; 

4 (2) Ukraine has been found to be in full compli5 ance with the freedom of emigration requirements 

6 under title IV of the Trade Act of 1974 since 1997; 

7 (3) since reestablishing independence in 1991, 

8 Ukraine has taken important steps toward the cre9 ation of democratic institutions and a free-market 

10 economy and, as a participating state of the Organi11 zation for Security and Cooperation in Europe 

12 (OSCE), is committed to developing a system of gov13 ernance in accordance with the principles regarding 

14 human rights and humanitarian affairs that are set 

15 forth in the Final Act of the Conference on Security 

16 and Cooperation in Europe (also known as the ‘‘Hel17 sinki Final Act’’) and successive documents; 

18 (4) the people of Ukraine deserve praise for 

19 demonstrating a deep commitment to democracy and 

20 through peaceful civil action demanding a process 

21 that achieved a fair election in Ukraine’s most re22 cent Presidential runoff; 

23 (5) Ukraine has made progress toward meeting 

24 international commitments and standards in the 

25 most recent Presidential runoff elections, including 
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1 in the implementation of Ukraine’s new elections 

2 laws; 

3 (6) as a participating state of the Organization 

4 for Security and Co-operation in Europe (OSCE), 

5 Ukraine is committed to addressing issues relating 

6 to its national and religious minorities and to adopt7 ing measures to ensure that persons belonging to na8 tional minorities have full equality both individually 

9 and communally; 

10 (7) Ukraine has enacted legislation providing 

11 protection against incitement to violence against per12 sons or groups based on national, racial, ethnic, or 

13 religious discrimination, including anti-Semitism, 

14 and has committed itself, including through a letter 

15 to the President of the United States, to ensuring 

16 freedom of religion and combating racial and ethnic 

17 intolerance and hatred; 

18 (8) Ukraine has engaged in efforts to combat 

19 ethnic and religious intolerance by cooperating with 

20 various United States nongovernmental organiza21 tions; 

22 (9) Ukraine is continuing the restitution of reli23 gious properties, including religious and communal 

24 properties confiscated from national and religious 

25 minorities during the Soviet era, is facilitating the 
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1 revival of those minority groups, and remains com2 mitted to developing a legislative framework for 

3 completing this process, as promised in a letter to 

4 the President of the United States; 

5 (10) Ukraine has received normal trade rela6 tions treatment since concluding a bilateral trade 

7 agreement with the United States that entered into 

8 force on June 23, 1992; 

9 (11) Ukraine’s accession to the World Trade 

10 Organization would be a welcome step, recognizing 

11 that many issues remain to be resolved, including 

12 commitments relating to access of United States ag13 ricultural products, protection of intellectual prop14 erty rights, tariff and excise tax reductions for goods 

15 (including automobiles), trade in services, elimi16 nation of export incentives for industrial goods, and 

17 reform of customs procedures and other non-tariff 

18 barriers; 

19 (12) Ukraine has enacted protections reflecting 

20 internationally recognized labor rights; 

21 (13) as a participating state of the OSCE, 

22 Ukraine has committed itself to respecting freedom 

23 of the press, and the new administration has af24 firmed this commitment; 
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1 (14) Ukraine has stated its desire to pursue a 

2 course of Euro-Atlantic integration with a commit3 ment to ensuring democracy and prosperity for its 

4 citizens; and 

5 (15) Ukraine has participated with the United 

6 States in its peacekeeping operations in Europe and 

7 has provided important cooperation in the global 

8 struggle against international terrorism. 

9 SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF 

10 THE TRADE ACT OF 1974 TO UKRAINE. 

11 (a) PRESIDENTIAL DETERMINATIONS AND EXTEN12 SION OF UNCONDITIONAL AND PERMANENT NONDISCRIM13 INATORY TREATMENT.—Notwithstanding any provision of 

14 title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), 

15 the President may— 

16 (1) determine that such title should no longer 

17 apply to Ukraine; and 

18 (2) after making a determination under para19 graph (1) with respect to Ukraine, proclaim the ex20 tension of unconditional and permanent nondiscrim21 inatory treatment (permanent normal trade relations 

22 treatment) to the products of that country. 

23 (b) TERMINATION OF APPLICATION OF TITLE IV.— 

24 On and after the effective date of the extension under sub25 section (a)(2) of nondiscriminatory treatment to the prod-
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1 ucts of Ukraine, chapter 1 of title IV of the Trade Act 

2 of 1974 shall cease to apply to that country. 

3 SEC. 3. SENSE OF CONGRESS. 

4 It is the sense of Congress that the United States 

5 remain fully committed to a multifaceted engagement with 

6 Ukraine, including by— 

7 (1) encouraging Ukraine to continue to meet its 

8 commitments as a participating member of the 

9 OSCE and welcoming further progress on imple10 menting policy— 

11 (A) of providing for the free emigration of 

12 its citizens; 

13 (B) of safeguarding religious liberty 

14 throughout Ukraine; 

15 (C) of enforcing existing Ukrainian laws at 

16 the national and local levels to combat ethnic, 

17 religious, and racial discrimination and violence; 

18 (D) of expanding the restitution of reli19 gious and communal properties, including es20 tablishing a legal framework for the completion 

21 of such restitution in the future; 

22 (E) of meeting international standards of 

23 democracy, including implementation of newly 

24 adopted election laws; 
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1 (F) of creating a more independent legal 

2 and judicial system, governed by the rule of 

3 law, and free of political interference and cor4 ruption; and 

5 (G) of respecting media freedoms fully, in6 cluding by prohibiting physical harm to and in7 timidation of journalists; 

8 (2) supporting Ukraine’s efforts to make fur9 ther market-oriented reforms, to pursue a policy of 

10 Euro-Atlantic integration, to join the WTO, and to 

11 combat corruption; 

12 (3) supporting Ukraine’s efforts to make sub13 stantial and meaningful progress in enacting and en14 forcing the protection of intellectual property rights; 

15 and 

16 (4) working with Ukraine to ensure quick reso17 lution of trade disputes that may arise, particularly 

18 in the intellectual property, poultry, and other agri19 cultural sectors. 

20 SEC. 4. CONTINUED ENJOYMENT OF RIGHTS UNDER THE 

21 JUNE 23, 1992, BILATERAL TRADE AGREE22 MENT. 

23 (a) FINDING.—Congress finds that the trade agree24 ment between the United States and Ukraine that entered 

25 into force on June 23, 1992, remains in force between the 
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1 2 countries and provides the United States with important 

2 rights, including the right to use specific safeguard rules 

3 to respond to import surges from Ukraine. 

4 (b) APPLICABILITY OF SAFEGUARD.—Section 421 of 

5 the Trade Act of 1974 (19 U.S.C. 2451) shall apply to 

6 Ukraine to the same extent as such section applies to the 

7 People’s Republic of China, so long as the trade agreement 

8 described in subsection (a) remains in force. 

9 SEC. 5. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER 

10 WTO ACCESSION NEGOTIATIONS. 

11 (a) NOTICE OF AGREEMENT ON ACCESSION TO WTO 

12 BY UKRAINE.—Not later than 5 days after the date on 

13 which the United States has entered into a bilateral agree14 ment with Ukraine on the terms of accession by Ukraine 

15 to the World Trade Organization, the President shall so 

16 notify Congress, and the President shall transmit to Con17 gress, not later than 15 days after that agreement is en18 tered into, a report that sets forth the provisions of that 

19 agreement. 

20 (b) CONGRESSIONAL OVERSIGHT RESOLUTION.— 

21 (1) INTRODUCTION.—If a Congressional Over22 sight Resolution is introduced in the House of Rep23 resentatives or the Senate during the 30-day period 

24 (not counting any day which is excluded under sec25 tion 154(b) of the Trade Act of 1974 (19 U.S.C. 
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1 2194(b)), beginning on the date on which the Presi2 dent first notifies Congress under subsection (a) of 

3 the agreement referred to in that subsection, that 

4 Congressional Oversight Resolution shall be consid5 ered in accordance with this subsection. 

6 (2) CONGRESSIONAL OVERSIGHT RESOLU7 TION.—In this subsection, the term ‘‘Congressional 

8 Oversight Resolution’’ means only a joint resolution 

9 of the two Houses of Congress, the matter after the 

10 resolving clause of which is as follows: ‘‘That it is 

11 the sense of the Congress that the agreement be12 tween the United States and Ukraine on the terms 

13 of accession by Ukraine to the World Trade Organi14 zation, of which Congress was notified on 

15 llllllll, does not adequately advance the 

16 interests of the United States.’’, with the blank 

17 space being filled with the appropriate date. 

18 (3) PROCEDURES FOR CONSIDERING RESOLU19 TIONS.— 

20 (A) INTRODUCTION AND REFERRAL.—A 

21 Congressional Oversight Resolution— 

22 (i) in the House of Representatives— 

23 (I) may be introduced by any 

24 Member of the House; 
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1 (II) shall be referred to the Com2 mittee on Ways and Means and, in 

3 addition, to the Committee on Rules; 

4 and 

5 (III) may not be amended by ei6 ther Committee; and 

7 (ii) in the Senate— 

8 (I) may be introduced by any 

9 Member of the Senate; 

10 (II) shall be referred to the Com11 mittee on Finance; and 

12 (III) may not be amended. 

13 (B) COMMITTEE DISCHARGE AND FLOOR

14 CONSIDERATION.—The provisions of sub15 sections (c) through (f) of section 152 of the 

16 Trade Act of 1974 (19 U.S.C. 2192 (c) through 

17 (f)) (relating to committee discharge and floor 

18 consideration of certain resolutions in the 

19 House and Senate) apply to a Congressional 

20 Oversight Resolution to the same extent as such 

21 subsections apply to resolutions under such sec22 tion. 

23 (c) RULES OF HOUSE OF REPRESENTATIVES AND

24 SENATE.—Subsection (b) is enacted by Congress— 
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1 (1) as an exercise of the rulemaking power of 

2 the House of Representatives and the Senate, re3 spectively, and as such is deemed a part of the rules 

4 of each House, respectively, and the procedures de5 scribed in such subsection supersede other rules only 

6 to the extent that they are inconsistent with such 

7 other rules; and 

8 (2) with the full recognition of the constitu9 tional right of either House to change the rules (so 

10 far as relating to the procedures of that House) at 

11 any time, in the same manner, and to the same ex12 tent as any other rule of that House. 

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