To provide for the continuation of restrictions against the Government of North Korea unless the President certifies to Congress that the Government of North Korea has met certain benchmarks.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Korean Counterterrorism and 
Nonproliferation Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) International press reports noted that Iranian 
        officials traveled to North Korea to observe the long and 
        short-range missile tests conducted by the North Korean regime 
        on July 4, 2006, and this was confirmed by Ambassador 
        Christopher Hill, Assistant Secretary of State for East Asia 
        and the Pacific, during testimony before the Senate Foreign 
        Relations Committee on July 20, 2006.
            (2) International press reports in the summer of 2006 
        indicated that North Korea was involved in training in 
        guerrilla warfare of Hezbollah cadres who subsequently were 
        involved in operations against Israeli forces in south Lebanon.
            (3) The United Nations Security Council, under the 
        Presidency of Japan, unanimously adopted Resolution 1718 on 
        October 14, 2006, ``condemning'' the nuclear weapon test 
        conducted by North Korea on October 9, 2006, and imposing 
        sanctions on North Korea.
            (4) President George W. Bush stated in November 2006 that: 
        ``The transfer of nuclear weapons or material by North Korea to 
        states or non-state entities would be considered a grave threat 
        to the United States, and we would hold North Korea fully 
        accountable for the consequences of such action. . . . It is 
        vital that the nations of this region send a message to North 
        Korea that the proliferation of nuclear technology to hostile 
        regimes or terrorist networks will not be tolerated.''.
            (5) Secretary of State Condoleezza Rice stated in October 
        2006 that ``a North Korean decision to try to transfer a 
        nuclear weapon or technologies either to another state or to a 
        non-state actor'' would be an ``extremely grave'' action for 
        which the United States would ``hold North Korea accountable''.
            (6) Congress authoritatively expressed its view, in section 
        202(b)(2) of the North Korean Human Rights Act of 2004 (Public 
        Law 108-333; 22 U.S.C. 7832(b)(2)), that ``United States 
        nonhumanitarian assistance to North Korea shall be contingent 
        on North Korea's substantial progress'' on human rights 
        improvements, release of and accounting for abductees, family 
        reunification, reform of North Korea's labor camp system, and 
        the decriminalization of political expression, none of which 
        has occurred.

SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH 
              KOREA.

    Restrictions against the Government of North Korea that were 
imposed by reason of a determination of the Secretary of State that the 
Government of North Korea, for purposes of section 6(j) of the Export 
Administration Act of 1979 (as continued in effect pursuant to the 
International Emergency Economic Powers Act), section 40 of the Arms 
Export Control Act, section 620A of the Foreign Assistance Act of 1961, 
or other provision of law, is a government that has repeatedly provided 
support for acts of international terrorism, shall remain in effect, 
and shall not be lifted pursuant to such provisions of law, unless the 
President certifies to Congress that the Government of North Korea--
            (1) is no longer engaged in the illegal transfer of missile 
        or nuclear technology, particularly to the Governments of Iran, 
        Syria, or any other country, the government of which the 
        Secretary of State has determined, for purposes of any of the 
        provisions of law specified in the matter preceding this 
        paragraph, is a government that has repeatedly provided support 
        for acts of international terrorism;
            (2) is no longer engaged in training, harboring, supplying, 
        financing, or supporting in any way--
                    (A) Hamas, Hezbollah, or the Japanese Red Army, or 
                any member of such organizations;
                    (B) any organization designated by the Secretary of 
                State as a foreign terrorist organization in accordance 
                with section 219(a) of the Immigration and Nationality 
                Act (8 U.S.C. 1189(a)); and
                    (C) any person included on the Annex to Executive 
                Order 13224 (September 23, 2001) and any other person 
                identified under section 1 of that Executive Order 
                whose property and interests in property are blocked by 
                that section (commonly known as a ``specially 
                designated global terrorist'');
            (3) is no longer engaged in the counterfeiting of United 
        States currency ``supernotes'';
            (4) has made inoperable Bureau No. 39 under the North 
        Korean Workers Party headed by Kim Jong Il, which is charged 
        with laundering illicit funds obtained by narcotics trafficking 
        and other criminal activities;
            (5) has released United States permanent resident Kim Dong-
        Shik who, according to the findings of a South Korean court, 
        was abducted by North Korean agents on the Chinese border in 
        January 2000;
            (6) has released the 15 Japanese nationals recognized as 
        abduction victims by the National Police Agency (NPA) of Japan;
            (7) has released an estimated 600 surviving South Korean 
        POWs, comrades-in-arms of United States and Allied forces, who 
        have been held in North Korea against their will and in 
        violation of the Armistice Agreement since hostilities ended in 
        July 1953; and
            (8) has ceased and desisted from engaging in further 
        terrorist activities subsequent to the 1987 bombing of Korean 
        Air Flight 858 over Burma, the 1996 murder in Vladivostok, 
        Russia, of South Korean diplomat Choi Duck-keun, following 
        Pyongyang's threats of retaliation for the deaths of North 
        Korean commandoes whose submarine ran aground in South Korea, 
        and the 1997 assassination on the streets of Seoul of North 
        Korean defector Lee Han Young.

Summary: North Korean Counterterrorism and Nonproliferation Act - Provides for the continuation of restrictions against the government of North Korea unless the President certifies to Congress that North Korea has met certain benchmarks respecting: (1) missile or nuclear technology transfers. (2) support of terrorist groups and terrorist activities, (3) counterfeiting of US currency, (4) release of South Korean POWs, Japanese journalists, and Kim Donk-Shik, and (5) Bureau 39's closure.