I 
108TH CONGRESS 
2D SESSION 
H. R. 3958
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 HOUSE OF REPRESENTATIVES 
MARCH 11, 2004
Mr. LEVIN introduced the following bill; which was referred to the Committee 
on Ways and Means, and in addition to the Committees on International 
Relations, and Rules, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
The Congress finds that—
(1) Ukraine allows its citizens the right and op-
portunity 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 compli-
ance 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 cre-
ation of democratic institutions and a free-market 
economy and, as a participating state of the Organi-
zation for Security and Cooperation in Europe 
(OSCE), is committed to developing a system of gov-
ernance 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 ‘‘Hel-
sinki Final Act’’) and successive documents; 
(4) Ukraine has shown progress towards meet-
ing international commitments and standards in its 
most recent Parliamentary elections, recognizing 
that significant shortcomings remain, including in 
the implementation of Ukraine’s election laws, illegal 
interference by public authorities in the electoral
process, and allegations of intimidation against op-
position contestants, activists, and voters; 
(5) as a participating state of the OSCE, 
Ukraine is committed to addressing issues relating 
to its national and religious minorities and to adopt-
ing measures to ensure that persons belonging to na-
tional minorities have full equality both individually 
and communally; 
(6) Ukraine has enacted legislation providing 
protection against incitement to violence against per-
sons 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; 
(7) Ukraine has engaged in efforts to combat 
ethnic and religious intolerance by cooperating with 
various United States nongovernmental organiza-
tions; 
(8) Ukraine is continuing the restitution of reli-
gious 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 is in the proc-
ess of developing a legislative framework for com-
pleting this process, as was confirmed in a letter to 
the President of the United States; 
(9) Ukraine has received normal trade relations 
treatment since concluding a bilateral trade agree-
ment with the United States that entered into force 
on June 23, 1992; 
(10) Ukraine is making progress toward acces-
sion to the World Trade Organization, recognizing 
that many issues remain to be resolved, including 
commitments relating to access of United States ag-
ricultural products, protection of intellectual prop-
erty rights, tariff and excise tax reductions for goods 
(including automobiles), trade in services, agricul-
tural subsidy levels, elimination of export incentives 
for industrial goods, and reform of customs proce-
dures and technical, sanitary, and phytosanitary 
measures; 
(11) Ukraine has enacted protections reflecting 
internationally recognized labor rights, noting that 
gaps remain both in the country’s legal regime and 
its enforcement record; 
(12) as a participating state of the OSCE, 
Ukraine has committed itself to respecting freedom
of the press, although infringements of this freedom 
continue to occur; 
(13) Ukraine has established positive relations 
with neighboring countries, and has stated its desire 
to pursue a course of European integration with a 
commitment to ensuring democracy and prosperity 
for its citizens; and 
(14) 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 EXTEN-
SION OF UNCONDITIONAL AND PERMANENT NONDISCRIM-
INATORY 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 para-
graph (1) with respect to Ukraine, proclaim the ex-
tension of unconditional and permanent nondiscrim-
inatory 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 sub-
section (a)(2) of nondiscriminatory treatment to the prod-
ucts 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 the Congress that the United States 
remain fully committed to a multifaceted engagement with 
Ukraine, including by—
(1) urging Ukraine to fulfill its commitments as 
a participating member of the OSCE, and to con-
tinue its current 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 reli-
gious and communal properties, including es-
tablishing a legal framework for the completion 
of such restitution in the future; and 
(E) of respecting media freedoms fully;
(2) working with Ukraine to improve in the 
areas described in section 1(11); 
(3) supporting Ukraine’s efforts to make sub-
stantial and meaningful progress in enacting and en-
forcing the protection of intellectual property rights; 
(4) working with Ukraine to ensure quick reso-
lution of trade disputes that may arise, particularly 
in the poultry and other agricultural sectors; and 
(5) continuing monitoring by the United States 
of human rights, rule of law, and media freedoms in 
Ukraine, including the issues described in para-
graphs (1) and (2), providing assistance to non-
governmental 
organizations 
and 
human 
rights 
groups involved in human rights, democracy, and 
rule of law activities in Ukraine, and attempting to 
establish annual discussions with Ukraine regarding 
those issues, including the participation of United 
States and Ukrainian nongovernmental organiza-
tions in such discussions. 
SEC. 4. REPORTING REQUIREMENT. 
The reports required by sections 102(b) and 203 of 
the International Religious Freedom Act of 1998 (22 
U.S.C. 6412(b) and 6433) shall continue to include an as-
sessment of the status of the issues described in subpara-
graphs (A) through (D) of section 3(1).
SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE 
JUNE 23, 1992, BILATERAL TRADE AGREE-
MENT. 
(a) FINDING.—The Congress finds that the trade 
agreement between the United States and Ukraine that 
entered into force on June 23, 1992, remains in force be-
tween the 2 countries and provides the United States with 
important rights, including the right to use specific safe-
guard 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. 6. 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 agree-
ment with Ukraine on the terms of accession by Ukraine 
to the World Trade Organization, the President shall so 
notify the Congress, and the President shall transmit to 
the Congress, not later than 15 days after that agreement 
is entered into, a report that sets forth the provisions of 
that agreement. 
(b) RESOLUTION OF DISAPPROVAL.—
(1) INTRODUCTION.—If a resolution of dis-
approval is introduced in the House of Representa-
tives 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 Presi-
dent first notifies the Congress under subsection (a) 
of the agreement referred to in that subsection, that 
resolution of disapproval shall be considered in ac-
cordance with this subsection. 
(2) RESOLUTION
OF
DISAPPROVAL.—In this 
subsection, the term ‘‘resolution of disapproval’’ 
means only a joint resolution of the two Houses of 
the 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 ll, does not adequately 
advance the interests of the United States.’’, with 
the blank space being filled with the appropriate 
date. 
(3) PROCEDURES FOR CONSIDERING RESOLU-
TIONS.—
(A) INTRODUCTION AND REFERRAL.—Res-
olutions of disapproval—
(i) in the House of Representatives—
(I) may be introduced by any 
Member of the House; 
(II) shall be referred to the Com-
mittee on Ways and Means and, in 
addition, to the Committee on Rules; 
and 
(III) may not be amended by ei-
ther Committee; and 
(ii) in the Senate—
(I) may be introduced by any 
Member of the Senate; 
(II) shall be referred to the Com-
mittee on Finance; and 
(III) may not be amended. 
(B) COMMITTEE DISCHARGE AND FLOOR 
CONSIDERATION.—The 
provisions 
of 
sub-
sections (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 resolution of dis-
approval 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 the Congress—
(1) as an exercise of the rulemaking power of 
the House of Representatives and the Senate, re-
spectively, and as such are deemed a part of the 
rules of each House, respectively, and such proce-
dures supersede other rules only to the extent that 
they are inconsistent with such other rules; and 
(2) with the full recognition of the constitu-
tional 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 ex-
tent as any other rule of that House.
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