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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 46 Introduced in Senate (IS)]

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.

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

SECTION 1. FINDINGS.

    Congress finds that--
            (1) Ukraine allows its citizens the right and opportunity 
        to emigrate, free of anything more than a nominal tax on 
        emigration or on the visas or other documents required for 
        emigration and free of any tax, levy, fine, fee, or other 
        charge on any citizens as a consequence of the desire of such 
        citizens to emigrate to the country of their choice;
            (2) Ukraine has been found to be in full compliance with 
        the freedom of emigration requirements under title IV of the 
        Trade Act of 1974 since 1997;
            (3) since reestablishing independence in 1991, Ukraine has 
        taken important steps toward the creation of democratic 
        institutions and a free-market economy and, as a participating 
        state of the Organization for Security and Cooperation in 
        Europe (OSCE), is committed to developing a system of 
        governance in accordance with the principles regarding human 
        rights and humanitarian affairs that are set forth in the Final 
        Act of the Conference on Security and Cooperation in Europe 
        (also known as the ``Helsinki Final Act'') and successive 
        documents;
            (4) the people of Ukraine deserve praise for demonstrating 
        a deep commitment to democracy and through peaceful civil 
        action demanding a process that achieved a fair election in 
        Ukraine's most recent Presidential runoff;
            (5) Ukraine has made progress toward meeting international 
        commitments and standards in the most recent Presidential 
        runoff elections, including in the implementation of Ukraine's 
        new elections laws;
            (6) as a participating state of the Organization for 
        Security and Co-operation in Europe (OSCE), Ukraine is 
        committed to addressing issues relating to its national and 
        religious minorities and to adopting measures to ensure that 
        persons belonging to national minorities have full equality 
        both individually and communally;
            (7) Ukraine has enacted legislation providing protection 
        against incitement to violence against persons or groups based 
        on national, racial, ethnic, or religious discrimination, 
        including anti-Semitism, and has committed itself, including 
        through a letter to the President of the United States, to 
        ensuring freedom of religion and combating racial and ethnic 
        intolerance and hatred;
            (8) Ukraine has engaged in efforts to combat ethnic and 
        religious intolerance by cooperating with various United States 
        nongovernmental organizations;
            (9) Ukraine is continuing the restitution of religious 
        properties, including religious and communal properties 
        confiscated from national and religious minorities during the 
        Soviet era, is facilitating the revival of those minority 
        groups, and remains committed to developing a legislative 
        framework for completing this process, as promised in a letter 
        to the President of the United States;
            (10) Ukraine has received normal trade relations treatment 
        since concluding a bilateral trade agreement with the United 
        States that entered into force on June 23, 1992;
            (11) Ukraine's accession to the World Trade Organization 
        would be a welcome step, recognizing that many issues remain to 
        be resolved, including commitments relating to access of United 
        States agricultural products, protection of intellectual 
        property rights, tariff and excise tax reductions for goods 
        (including automobiles), trade in services, elimination of 
        export incentives for industrial goods, and reform of customs 
        procedures and other non-tariff barriers;
            (12) Ukraine has enacted protections reflecting 
        internationally recognized labor rights;
            (13) as a participating state of the OSCE, Ukraine has 
        committed itself to respecting freedom of the press, and the 
        new administration has affirmed this commitment;
            (14) Ukraine has stated its desire to pursue a course of 
        Euro-Atlantic integration with a commitment to ensuring 
        democracy and prosperity for its citizens; and
            (15) Ukraine has participated with the United States in its 
        peacekeeping operations in Europe and has provided important 
        cooperation in the global struggle against international 
        terrorism.

SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974 
              TO UKRAINE.

    (a) Presidential Determinations and Extension of Unconditional and 
Permanent Nondiscriminatory Treatment.--Notwithstanding any provision 
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the 
President may--
            (1) determine that such title should no longer apply to 
        Ukraine; and
            (2) after making a determination under paragraph (1) with 
        respect to Ukraine, proclaim the extension of unconditional and 
        permanent nondiscriminatory treatment (permanent normal trade 
        relations treatment) to the products of that country.
    (b) Termination of Application of Title IV.--On and after the 
effective date of the extension under subsection (a)(2) of 
nondiscriminatory treatment to the products of Ukraine, chapter 1 of 
title IV of the Trade Act of 1974 shall cease to apply to that country.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the United States remain fully 
committed to a multifaceted engagement with Ukraine, including by--
            (1) encouraging Ukraine to continue to meet its commitments 
        as a participating member of the OSCE and welcoming further 
        progress on implementing policy--
                    (A) of providing for the free emigration of its 
                citizens;
                    (B) of safeguarding religious liberty throughout 
                Ukraine;
                    (C) of enforcing existing Ukrainian laws at the 
                national and local levels to combat ethnic, religious, 
                and racial discrimination and violence;
                    (D) of expanding the restitution of religious and 
                communal properties, including establishing a legal 
                framework for the completion of such restitution in the 
                future;
                    (E) of meeting international standards of 
                democracy, including implementation of newly adopted 
                election laws;
                    (F) of creating a more independent legal and 
                judicial system, governed by the rule of law, and free 
                of political interference and corruption; and
                    (G) of respecting media freedoms fully, including 
                by prohibiting physical harm to and intimidation of 
                journalists;
            (2) supporting Ukraine's efforts to make further market-
        oriented reforms, to pursue a policy of Euro-Atlantic 
        integration, to join the WTO, and to combat corruption;
            (3) supporting Ukraine's efforts to make substantial and 
        meaningful progress in enacting and enforcing the protection of 
        intellectual property rights; and
            (4) working with Ukraine to ensure quick resolution of 
        trade disputes that may arise, particularly in the intellectual 
        property, poultry, and other agricultural sectors.

SEC. 4. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992, 
              BILATERAL TRADE AGREEMENT.

    (a) Finding.--Congress finds that the trade agreement between the 
United States and Ukraine that entered into force on June 23, 1992, 
remains in force between the 2 countries and provides the United States 
with important rights, including the right to use specific safeguard 
rules to respond to import surges from Ukraine.
    (b) Applicability of Safeguard.--Section 421 of the Trade Act of 
1974 (19 U.S.C. 2451) shall apply to Ukraine to the same extent as such 
section applies to the People's Republic of China, so long as the trade 
agreement described in subsection (a) remains in force.

SEC. 5. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION 
              NEGOTIATIONS.

    (a) Notice of Agreement on Accession to WTO by Ukraine.--Not later 
than 5 days after the date on which the United States has entered into 
a bilateral agreement with Ukraine on the terms of accession by Ukraine 
to the World Trade Organization, the President shall so notify 
Congress, and the President shall transmit to Congress, not later than 
15 days after that agreement is entered into, a report that sets forth 
the provisions of that agreement.
    (b) Congressional Oversight Resolution.--
            (1) Introduction.--If a Congressional Oversight Resolution 
        is introduced in the House of Representatives or the Senate 
        during the 30-day period (not counting any day which is 
        excluded under section 154(b) of the Trade Act of 1974 (19 
        U.S.C. 2194(b)), beginning on the date on which the President 
        first notifies Congress under subsection (a) of the agreement 
        referred to in that subsection, that Congressional Oversight 
        Resolution shall be considered in accordance with this 
        subsection.
            (2) Congressional oversight resolution.--In this 
        subsection, the term ``Congressional Oversight Resolution'' 
        means only a joint resolution of the two Houses of Congress, 
        the matter after the resolving clause of which is as follows: 
        ``That it is the sense of the Congress that the agreement 
        between the United States and Ukraine on the terms of accession 
        by Ukraine to the World Trade Organization, of which Congress 
        was notified on ________, does not adequately advance the 
        interests of the United States.'', with the blank space being 
        filled with the appropriate date.
            (3) Procedures for considering resolutions.--
                    (A) Introduction and referral.--A Congressional 
                Oversight Resolution--
                            (i) in the House of Representatives--
                                    (I) may be introduced by any Member 
                                of the House;
                                    (II) shall be referred to the 
                                Committee on Ways and Means and, in 
                                addition, to the Committee on Rules; 
                                and
                                    (III) may not be amended by either 
                                Committee; and
                            (ii) in the Senate--
                                    (I) may be introduced by any Member 
                                of the Senate;
                                    (II) shall be referred to the 
                                Committee on Finance; and
                                    (III) may not be amended.
                    (B) Committee discharge and floor consideration.--
                The provisions of subsections (c) through (f) of 
                section 152 of the Trade Act of 1974 (19 U.S.C. 2192 
                (c) through (f)) (relating to committee discharge and 
                floor consideration of certain resolutions in the House 
                and Senate) apply to a Congressional Oversight 
                Resolution to the same extent as such subsections apply 
                to resolutions under such section.
    (c) Rules of House of Representatives and Senate.--Subsection (b) 
is enacted by Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such is 
        deemed a part of the rules of each House, respectively, and the 
        procedures described in such subsection supersede other rules 
        only to the extent that they are inconsistent with such other 
        rules; and
            (2) with the full recognition of the constitutional right 
        of either House to change the rules (so far as relating to the 
        procedures of that House) at any time, in the same manner, and 
        to the same extent as any other rule of that House.
                                 <all>
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