[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2752 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 610
106th CONGRESS
  2d Session
                                S. 2752

   To amend the North Korea Threat Reduction Act of 1999 to enhance 
  congressional oversight of nuclear transfers to North Korea and to 
 prohibit the assumption by the United States Government of liability 
 for nuclear accidents that may occur at nuclear reactors provided to 
                              North Korea.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2000

 Mr. Thompson introduced the following bill; which was read the first 
                                  time

                             June 20, 2000

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
   To amend the North Korea Threat Reduction Act of 1999 to enhance 
  congressional oversight of nuclear transfers to North Korea and to 
 prohibit the assumption by the United States Government of liability 
 for nuclear accidents that may occur at nuclear reactors provided to 
                              North Korea.

    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 ``Accountability to Congress for 
Nuclear Transfers to North Korea Act of 2000''.

SEC. 2. ENHANCEMENT OF CONGRESSIONAL OVERSIGHT OF NUCLEAR TRANSFERS TO 
              NORTH KOREA.

    (a) Establishing Requirement for Congressional Action by Joint 
Resolution.--The North Korea Threat Reduction Act of 1999 (subtitle B 
of title VIII of division A of H.R. 3427, as enacted into law by 
section 1000(a)(7) of Public Law 106-113, and as contained in appendix 
G to such Public Law) is amended in section 822(a)--
            (1) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively, and by indenting 
        each such subparagraph 2 ems to the right;
            (2) by striking ``until the President'' and inserting 
        ``until--
            ``(1) the President''; and
            (3) at the end of subparagraph (G) (as redesignated in 
        paragraph (1)) by striking the period and inserting ``; and
            ``(2) a joint resolution described in section 823 is 
        enacted into law pursuant to the provisions of such section.''.
    (b) Description and Procedures for Joint Resolution.--The North 
Korea Threat Reduction Act of 1999 is amended--
            (1) by redesignating section 823 as section 824; and
            (2) by inserting after section 822 the following new 
        section:

``SEC. 823. JOINT RESOLUTION PURSUANT TO SECTION 822(A)(2).

    ``(a) Terms of Joint Resolution.--For purposes of section 
822(a)(2), the term `joint resolution' means only a joint resolution of 
the two Houses of Congress---
            ``(1) the matter after the resolving clause of which is as 
        follows: `That the Congress hereby concurs in the determination 
        and report of the President relating to compliance by North 
        Korea with certain international obligations transmitted 
        pursuant to section 822(a)(1) of the North Korea Threat 
        Reduction Act of 1999.';
            ``(2) which does not have a preamble; and
            ``(3) the title of which is as follows: `Joint Resolution 
        relating to compliance by North Korea with certain 
        international obligations pursuant to the North Korea Threat 
        Reduction Act of 1999.'.
    ``(b) Congressional Review Procedures.--
            ``(1) Rulemaking.--The provisions of this section are 
        enacted by the Congress--
                    ``(A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and, as such, shall be considered as part of the rules 
                of either House and shall supersede other rules only to 
                the extent they are inconsistent therewith; and
                    ``(B) with full recognition of the constitutional 
                right of either House to change the rules so far as 
                they relate to the procedures of that House at any 
                time, in the same manner, and to the same extent as in 
                the case of any other rule of that House.
            ``(2) Introduction and referral.--
                    ``(A) Introduction.--A joint resolution described 
                in subsection (a)--
                            ``(i) shall be introduced in the House of 
                        Representatives by the majority leader or 
                        minority leader or by a Member of the House of 
                        Representatives designated by the majority 
                        leader or minority leader; and
                            ``(ii) shall be introduced in the Senate by 
                        the majority leader or minority leader or a 
                        Member of the Senate designated by the majority 
                        leader or minority leader.
                    ``(B) Referral.--The joint resolution shall be 
                referred to the Committee on International Relations of 
                the House of Representatives and the Committee on 
                Foreign Relations of the Senate.
            ``(3) Discharge of committees.--If a committee to which a 
        joint resolution described in subsection (a) is referred has 
        not reported such joint resolution by the end of 30 days 
        beginning on the date of its introduction, such committee shall 
        be discharged from further consideration of such joint 
        resolution, and such joint resolution shall be placed on the 
        appropriate calendar of the House involved.
            ``(4) Floor consideration in the house of 
        representatives.--
                    ``(A) In general.--On or after the third calendar 
                day (excluding Saturdays, Sundays, or legal holidays, 
                except when the House of Representatives is in session 
                on such a day) after the date on which the committee to 
                which a joint resolution described in subsection (a) is 
                referred has reported, or has been discharged from 
                further consideration of, such a joint resolution, it 
                shall be in order for any Member of the House to move 
                to proceed to the consideration of the joint 
                resolution. A Member of the House may make the motion 
                only on the day after the calendar day on which the 
                Member announces to the House the Member's intention to 
                do so. Such motion is privileged and is not debatable. 
                The motion is not subject to amendment or to a motion 
                to postpone. A motion to reconsider the vote by which 
                the motion is agreed to shall not be in order. If a 
                motion to proceed to the consideration of the joint 
                resolution is agreed to, the House shall immediately 
                proceed to consideration of the joint resolution which 
                shall remain the unfinished business until disposed of.
                    ``(B) Debate.--Debate on a joint resolution 
                described in subsection (a), and on all debatable 
                motions and appeals in connection therewith, shall be 
                limited to not more than two hours, which shall be 
                divided equally between those favoring and those 
                opposing the joint resolution. An amendment to the 
                joint resolution is not in order. A motion further to 
                limit debate is in order and is not debatable. A motion 
                to table, a motion to postpone, or a motion to recommit 
                the joint resolution is not in order. A motion to 
                reconsider the vote by which the joint resolution is 
                agreed to or disagreed to is not in order.
                    ``(C) Appeals.--Appeals from the decisions of the 
                Chair to the procedure relating to a joint resolution 
                described in subsection (a) shall be decided without 
                debate.
            ``(5) Floor consideration in the senate.--Any joint 
        resolution described in subsection (a) shall be considered in 
        the Senate in accordance with the provisions of section 
        601(b)(4) of the International Security Assistance and Arms 
        Export Control Act of 1976.
            ``(6) Consideration by the other house.--If, before the 
        passage by one House of a joint resolution of that House 
        described in subsection (a), that House receives from the other 
        House a joint resolution described in subsection (a), then the 
        following procedures shall apply:
                    ``(A) The joint resolution of the other House shall 
                not be referred to a committee and may not be 
                considered in the House receiving it except in the case 
                of final passage as provided in subparagraph (B)(ii).
                    ``(B) With respect to a joint resolution described 
                in subsection (a) of the House receiving the joint 
                resolution--
                            ``(i) the procedure in that House shall be 
                        the same as if no joint resolution had been 
                        received from the other House; but
                            ``(ii) the vote on final passage shall be 
                        on the joint resolution of the other House.
                    ``(C) Upon disposition of the joint resolution 
                received from the other House, it shall no longer be in 
                order to consider the joint resolution that originated 
                in the receiving House.
            ``(7) Computation of days.--In the computation of the 
        period of 30 days referred to in paragraph (3), there shall be 
        excluded the days on which either House of Congress is not in 
        session because of an adjournment of more than 3 days to a day 
        certain or because of an adjournment of the Congress sine 
        die.''.

SEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH 
              KOREA.

    Section 822(a) of the North Korea Threat Reduction Act of 1999 is 
amended by striking ``such agreement,'' both places it appears and 
inserting in both places ``such agreement (or that are controlled under 
the Export Trigger List of the Nuclear Suppliers Group),''.

SEC. 4. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF 
              LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA.

    The North Korea Threat Reduction Act of 1999 is amended--
            (1) by redesignating section 824 (as redesignated by 
        section 2(b)(1)) as section 825; and
            (2) by inserting after section 823 (as added by section 
        2(b)(2)) the following new section:

``SEC. 824. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF 
              LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA.

    ``(a) Prohibition.--In supporting the provision of nuclear reactors 
to North Korea pursuant to the Agreed Framework, neither the President 
nor any department, agency, or instrumentality of the United States 
Government may enter into any international agreement, contract, or 
other arrangement, the purpose or effect of which is to impose 
liability on the United States Government, or otherwise require 
financial indemnity by the United States Government, for nuclear 
accidents that may occur at nuclear reactors provided to North Korea 
pursuant to the Agreed Framework.
    ``(b) Construction.-- Except as provided in subsection (c), the 
prohibition of subsection (a) shall apply notwithstanding any other 
provision of law.
    ``(c) Exception.--Subsection (a) shall not apply to any treaty 
subject to approval by the Senate pursuant to article II, section 2, 
clause 2 of the Constitution of the United States.''.




                                                       Calendar No. 610

106th CONGRESS

  2d Session

                                S. 2752

_______________________________________________________________________

                                 A BILL

   To amend the North Korea Threat Reduction Act of 1999 to enhance 
  congressional oversight of nuclear transfers to North Korea and to 
 prohibit the assumption by the United States Government of liability 
 for nuclear accidents that may occur at nuclear reactors provided to 
                              North Korea.

_______________________________________________________________________

                             June 20, 2000

            Read the second time and placed on the calendar