[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4860 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4860

 To provide for reports to Congress about proliferation by North Korea 
 of weapons of mass destruction and missiles to deliver such weapons, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2000

Mr. Gilman (for himself, Mr. Markey, Mr. Knollenberg, and Mr. Pallone) 
 introduced the following bill; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                                 A BILL


 
 To provide for reports to Congress about proliferation by North Korea 
 of weapons of mass destruction and missiles to deliver such weapons, 
                        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. SHORT TITLE.

    This Act may be cited as the ``North Korea Nonproliferation Act of 
2000''.

SEC. 2. REPORTS ON PROLIFERATION BY NORTH KOREA.

    (a) Reports on Compliance by North Korea With Missile 
Commitments.--The President shall, at the times specified in subsection 
(c), submit a report--
            (1) stating whether there is credible information that 
        North Korea, on or after the date of the enactment of this Act, 
        took an action inconsistent with its obligations under--
                    (A) the agreement between North Korea and the 
                United States of September 12, 1999, to suspend 
                launches of long-range missiles; or
                    (B) any other international agreement in which 
                North Korea agreed to limit its testing, deployment, or 
                transfer to other countries of missiles or missile 
                technology; and
            (2) if there is such credible information, describing the 
        nature of that information and of the action or actions taken 
        by North Korea.
    (b) Reports on Proliferation by North Korea.--The President shall, 
at the times specified in subsection (c), submit a report describing 
each instance in which there is credible information indicating that 
North Korea, on or after the date of the enactment of this Act, 
transferred to a destination outside of North Korea--
            (1) goods, services, or technology listed on--
                    (A) the Nuclear Suppliers Group Guidelines for the 
                Export of Nuclear Material, Equipment and Technology 
                (published by the International Atomic Energy Agency as 
                Information Circular INFCIRC/254/Rev.3/Part 1, and 
                subsequent revisions) and Guidelines for Transfers of 
                Nuclear-Related Dual-Use Equipment, Material, and 
                Related Technology (published by the International 
                Atomic Energy Agency as Information Circular INFCIRC/
                254/Rev.3/Part 2, and subsequent revisions);
                    (B) the Missile Technology Control Regime Equipment 
                and Technology Annex of June 11, 1996, and subsequent 
                revisions;
                    (C) the lists of items and substances relating to 
                biological and chemical weapons the export of which is 
                controlled by the Australia Group;
                    (D) the Schedule One or Schedule Two list of toxic 
                chemicals and precursors the export of which is 
                controlled pursuant to the Convention on the 
                Prohibition of the Development, Production, Stockpiling 
                and Use of Chemical Weapons and on Their Destruction; 
                or
                    (E) the Wassenaar Arrangement list of Dual Use 
                Goods and Technologies and Munitions of July 12, 1996, 
                and subsequent revisions; or
            (2) goods, services, or technology not included on any list 
        identified in paragraph (1) but which nevertheless would be, if 
        they were United States goods, services, or technology, 
        prohibited for export to that destination because of their 
        potential to make a material contribution to the development of 
        nuclear, biological, or chemical weapons, or of ballistic or 
        cruise missile systems.
    (c) Timing of Reports.--The reports under subsections (a) and (b) 
shall be submitted not later than 90 days after the date of the 
enactment of this Act, not later than 6 months after such date of 
enactment, and not later than the end of each 6-month period 
thereafter.
    (d) Submission in Classified Form.--When the President considers it 
appropriate, reports under subsections (a) and (b), or appropriate 
parts thereof, may be submitted in classified form.

SEC. 3. AUTHORITY TO REINSTATE RESTRICTIONS ON COMMERCE WITH NORTH 
              KOREA.

    (a) Authority.--Subject to sections 4, 5, and 6, any time that a 
report submitted under section 2(b) indicates that there is credible 
information that, on or after the date of the enactment of this Act, 
North Korea transferred to a destination outside of North Korea goods, 
services, or technology described in section 2(b)(1) or 2(b)(2), 
the President is authorized to reinstate any or all of the restrictions 
on commerce with North Korea described in subsection (b), to the degree 
such restrictions are not already in effect, for such period of time as 
the President may determine.
    (b) Restrictions To Be Reinstated.--The restrictions on commerce 
referred to in subsection (a) are all restrictions on trade and other 
transactions with North Korea that were in effect on the day before 
September 12, 1999, under the Trading With the Enemy Act, the Defense 
Production Act of 1950, and the Export Administration Regulations of 
the Department of Commerce, other than those restrictions on imports 
into the United States.
    (c) Effective Date.--Restrictions on commerce reinstated under 
subsection (a) shall be effective on such date as the President may 
determine.
    (d) Publication in Federal Register.--The President shall publish 
in the Federal Register notice of restrictions on commerce reinstated 
under subsection (a).

SEC. 4. PROCEDURES IF RESTRICTIONS ON COMMERCE ARE NOT REINSTATED.

    (a) Requirement To Notify Congress.--Should the President not 
exercise the authority of section 3(a) to reinstate all of the 
restrictions not already in effect on commerce with North Korea 
described in section 3(b) following the submission of a report under 
section 2(b) indicating that there is credible information that, on or 
after the date of the enactment of this Act, North Korea transferred to 
a destination outside of North Korea goods, services, or technology 
described in section 2(b)(1) or 2(b)(2), the President shall so notify 
the relevant committees of Congress within 30 days after submitting the 
report under section 2(b).
    (b) Written Justification.--Any notification submitted by the 
President under subsection (a) shall include a written justification 
describing in detail the facts and circumstances relating specifically 
to the transfer or transfers described in the corresponding report 
submitted under section 2(b) that support the President's decision not 
to exercise the authority of section 3(a) to reinstate the restrictions 
on commerce with North Korea described in section 3(b).
    (c) Submission in Classified Form.--When the President considers it 
appropriate, the notification of the President under subsection (a), 
and the written justification under subsection (b), or appropriate 
parts thereof, may be submitted in classified form.
    (d) Exception.--This section shall not apply in any case governed 
by section 5.

SEC. 5. REQUIREMENT IN CERTAIN CASES TO REINSTATE RESTRICTIONS ON 
              COMMERCE WITH NORTH KOREA.

    (a) Requirement To Reinstate Restrictions.--Notwithstanding section 
3, and subject to section 6, the President shall reinstate all of the 
restrictions on commerce with North Korea described in section 3(b), to 
the degree such restrictions are not already in effect, following the 
submission of a report by the President--
            (1) under section 2(a) indicating there is credible 
        information that North Korea, on or after the date of the 
        enactment of this Act, took an action inconsistent with its 
        obligations under--
                    (A) the agreement between North Korea and the 
                United States of September 12, 1999, to suspend 
                launches of long-range missiles; or
                    (B) any other international agreement in which 
                North Korea agreed to limit its testing, deployment, or 
                transfer to other countries of missiles or missile 
                technology; or
            (2) under section 2(b) indicating that there is credible 
        information that, on or after the date of the enactment of this 
        Act, North Korea transferred goods, services, or technology 
        described in section 2(b)(1) or 2(b)(2) to any country 
        described in subsection (b).
    (b) Countries Referred to in Subsection (a)(2).--A country referred 
to subsection (a)(2) is any country the government of which--
            (1) has been determined by the Secretary of State pursuant 
        to section 6(j) of the Export Administration Act of 1979, 
        section 620A(a) of the Foreign Assistance Act of 1961, or 
        section 40(d) of the Arms Export Control Act, to have 
        repeatedly provided support for acts of international 
        terrorism; or
            (2) has tested any long-range missile incorporating goods 
        or technology knowingly transferred to such government by North 
        Korea.
    (c) Effective Date.--Restrictions on commerce with North Korea 
reinstated under subsection (a) following submission of a report under 
section 2(a) or 2(b) shall take effect not later than 10 days after the 
President submits the report.
    (d) Duration of Reinstated Restrictions.--Restrictions on commerce 
with North Korea reinstated under subsection (a) shall remain in effect 
for a period of not less than 2 years beginning on the effective date 
of the restrictions, unless the requirements of this section are waived 
pursuant to section 7.
    (e) Publication in Federal Register.--The President shall publish 
in the Federal Register notice of restrictions on commerce reinstated 
under subsection (a).
    (f) Construction.--Subsection (a) shall not be construed to require 
any action by the President if all the restrictions on commerce with 
North Korea described in section 3(b) are already in effect on the date 
that is 10 days after the submission of a report described in 
subsection (a), except that all such restrictions shall remain in 
effect for a period of not less than 2 years beginning on such date, 
unless the requirements of this section are waived pursuant to section 
7.

SEC. 6. EXCEPTION FOR CASES IN WHICH NORTH KOREA DID NOT KNOWINGLY ACT.

    (a) In General.--Sections 3, 4, and 5 shall not apply with respect 
to any action by North Korea described in a report submitted under 
section 2(a) or 2(b) if the President reports to the relevant 
committees of Congress that the President has determined that there is 
substantial doubt that North Korea knowingly took that action.
    (b) Submission in Classified Form.--When the President considers it 
appropriate, the determination and report of the President under 
subsection (a), or appropriate parts thereof, may be submitted in 
classified form.

SEC. 7. NATIONAL INTEREST WAIVER.

    (a) Authority To Waive.--The President may waive the requirement of 
section 5 to reinstate or maintain in effect restrictions on commerce 
with North Korea if, in accordance with subsection (b), the President 
reports to the relevant committees of Congress that the President has 
determined that such waiver is important to the national security 
interests of the United States.
    (b) Consultation With Congress.--The authority of subsection (a) 
may be only be exercised if--
            (1) at any time after the effective date prescribed by 
        section 5(b), the President informs the relevant committees of 
        Congress in writing of the President's intention to exercise 
        that authority;
            (2) the President provides the relevant committees of 
        Congress a written justification for the proposed exercise of 
        that authority; and
            (3) Before exercising that authority, the President 
        consults with the relevant committees of Congress regarding the 
        proposed exercise of that authority for a period of 30 days 
        beginning on the date that the President informs the relevant 
        committees of Congress under paragraph (1) of the President's 
        intention to exercise the authority.

SEC. 8. AUTHORITIES OF THE PRESIDENT IF NORTH KOREA ENTERS A BINDING 
              INTERNATIONAL AGREEMENT REGARDING MISSILE PROLIFERATION.

    (a) Statement of Policy.--The Congress encourages the President to 
seek to negotiate a binding international agreement with North Korea 
that satisfies United States concerns regarding the transfer by North 
Korea to other countries of missiles and missile technology.
    (b) Authorities of the President.--If the President determines and 
reports to the relevant committees of Congress that North Korea has 
entered into a binding international agreement that satisfies United 
States concerns regarding the transfer by North Korea to other 
countries of missiles and missile technology, the President is 
authorized to--
            (1) use funds made available by appropriation Act enacted 
        after the date of the enactment of this Act for the 
        ``Nonproliferation, Anti-terrorism, Demining and Related 
        Programs'' account to support the commercial launch in the 
        United States or other countries of satellites for North Korea 
        (other than a launch by North Korea or by an entity that has 
        made a transfer that is reportable under section 2(a) of the 
        Iran Nonproliferation Act of 2000 (Public Law 106-178), and has 
        not been subject to a determination pursuant to section 5 of 
        such Act); and
            (2) waive sanctions that, as of the date of the enactment 
        of this Act, are in effect on North Korea (including any 
        entities in North Korea) pursuant to section 73 of the Arms 
        Export Control Act and section 11B(b) of the Export 
        Administration Act of 1979.
    (c) Construction.--The authority of subsection (b)(2) is in 
addition to authorities available to the President under other 
provisions of law.

SEC. 9. RELATIONSHIP TO STATE LAW.

    No provision of this Act is intended to preempt the law of any 
State or local government relating to North Korea, to the extent that 
such law is more restrictive than Federal law regarding commerce with 
North Korea.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Long-range missile.--The term ``long-range missile'' 
        means any missile with a range of 1,000 kilometers or more.
            (2) North korea.--The term ``North Korea'' means the 
        Democratic People's Republic of North Korea.
            (3) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means the Committee on International 
        Relations of the House of Representatives and the Committee on 
        Foreign Relations of the Senate.
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