II
109th CONGRESS
1st Session
S. 46
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.
Findings
Congress finds that—
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;
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;
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;
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;
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;
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;
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;
Ukraine has engaged in efforts to combat ethnic and religious intolerance by cooperating with various United States nongovernmental organizations;
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;
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;
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;
Ukraine has enacted protections reflecting internationally recognized labor rights;
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;
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
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.
Termination of application of title iv of the trade act of 1974 to ukraine
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—
determine that such title should no longer apply to Ukraine; and
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.
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.
Sense of congress
It is the sense of Congress that the United States remain fully committed to a multifaceted engagement with Ukraine, including by—
encouraging Ukraine to continue to meet its commitments as a participating member of the OSCE and welcoming further progress on implementing policy—
of providing for the free emigration of its citizens;
of safeguarding religious liberty throughout Ukraine;
of enforcing existing Ukrainian laws at the national and local levels to combat ethnic, religious, and racial discrimination and violence;
of expanding the restitution of religious and communal properties, including establishing a legal framework for the completion of such restitution in the future;
of meeting international standards of democracy, including implementation of newly adopted election laws;
of creating a more independent legal and judicial system, governed by the rule of law, and free of political interference and corruption; and
of respecting media freedoms fully, including by prohibiting physical harm to and intimidation of journalists;
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;
supporting Ukraine's efforts to make substantial and meaningful progress in enacting and enforcing the protection of intellectual property rights; and
working with Ukraine to ensure quick resolution of trade disputes that may arise, particularly in the intellectual property, poultry, and other agricultural sectors.
Continued enjoyment of rights under the June 23, 1992, bilateral trade agreement
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.
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.
Exercise of congressional oversight over wto accession negotiations
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.
Congressional oversight resolution
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.
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.
Procedures for considering resolutions
Introduction and referral
A Congressional Oversight Resolution—
in the House of Representatives—
may be introduced by any Member of the House;
shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and
may not be amended by either Committee; and
in the Senate—
may be introduced by any Member of the Senate;
shall be referred to the Committee on Finance; and
may not be amended.
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.
Rules of house of representatives and senate
Subsection (b) is enacted by Congress—
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
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.