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108th CONGRESS
  2d Session
                                S. 2205

       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

                             March 11, 2004

   Mr. Levin 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.

    The 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) Ukraine has shown progress towards meeting 
        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 opposition 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 adopting measures to ensure that 
        persons belonging to national minorities have full equality 
        both individually and communally;
            (6) 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;
            (7) Ukraine has engaged in efforts to combat ethnic and 
        religious intolerance by cooperating with various United States 
        nongovernmental organizations;
            (8) 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 is in the process of developing a legislative 
        framework for completing 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 agreement with the United 
        States that entered into force on June 23, 1992;
            (10) Ukraine is making progress toward accession to the 
        World Trade Organization, 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, agricultural 
        subsidy levels, elimination of export incentives for industrial 
        goods, and reform of customs procedures 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 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 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 continue 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 religious and 
                communal properties, including establishing 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 substantial and 
        meaningful progress in enacting and enforcing the protection of 
        intellectual property rights;
            (4) working with Ukraine to ensure quick resolution 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 paragraphs (1) and (2), providing 
        assistance to nongovernmental 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 
        organizations 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 assessment of the status of the 
issues described in subparagraphs (A) through (D) of section 3(1).

SEC. 5. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992, 
              BILATERAL TRADE AGREEMENT.

    (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 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. 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 agreement 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 disapproval 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 the 
        Congress under subsection (a) of the agreement referred to in 
        that subsection, that resolution of disapproval shall be 
        considered in accordance 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 __, 
        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.--Resolutions of 
                disapproval--
                            (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 resolution of disapproval 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, respectively, and as such are 
        deemed a part of the rules of each House, respectively, and 
        such procedures 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>

Pages: 1

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