I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘North Korea Non5 proliferation Act of 2000’’.

6 SEC. 2. REPORTS ON PROLIFERATION BY NORTH KOREA.

7 (a) REPORTS ON COMPLIANCE BY NORTH KOREA

8 WITH MISSILE COMMITMENTS.—The President shall, at

9 the times specified in subsection (c), submit a report—
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1 (1) stating whether there is credible informa2 tion that North Korea, on or after the date of the

3 enactment of this Act, took an action inconsistent

4 with its obligations under—

5 (A) the agreement between North Korea

6 and the United States of September 12, 1999,

7 to suspend launches of long-range missiles; or

8 (B) any other international agreement in

9 which North Korea agreed to limit its testing,

10 deployment, or transfer to other countries of

11 missiles or missile technology; and

12 (2) if there is such credible information, de13 scribing the nature of that information and of the

14 action or actions taken by North Korea.

15 (b) REPORTS ON PROLIFERATION BY NORTH

16 KOREA.—The President shall, at the times specified in

17 subsection (c), submit a report describing each instance

18 in which there is credible information indicating that

19 North Korea, on or after the date of the enactment of

20 this Act, transferred to a destination outside of North

21 Korea—

22 (1) goods, services, or technology listed on—

23 (A) the Nuclear Suppliers Group Guide24 lines for the Export of Nuclear Material, Equip25 ment and Technology (published by the Inter-
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1 national Atomic Energy Agency as Information

2 Circular INFCIRC/254/Rev.3/Part 1, and sub3 sequent revisions) and Guidelines for Transfers

4 of Nuclear-Related Dual-Use Equipment, Mate5 rial, and Related Technology (published by the

6 International Atomic Energy Agency as Infor7 mation Circular INFCIRC/254/Rev.3/Part 2,

8 and subsequent revisions);

9 (B) the Missile Technology Control Regime

10 Equipment and Technology Annex of June 11,

11 1996, and subsequent revisions;

12 (C) the lists of items and substances relat13 ing to biological and chemical weapons the ex14 port of which is controlled by the Australia

15 Group;

16 (D) the Schedule One or Schedule Two list

17 of toxic chemicals and precursors the export of

18 which is controlled pursuant to the Convention

19 on the Prohibition of the Development, Produc20 tion, Stockpiling and Use of Chemical Weapons

21 and on Their Destruction; or

22 (E) the Wassenaar Arrangement list of

23 Dual Use Goods and Technologies and Muni24 tions of July 12, 1996, and subsequent revi25 sions; or
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1 (2) goods, services, or technology not included

2 on any list identified in paragraph (1) but which

3 nevertheless would be, if they were United States

4 goods, services, or technology, prohibited for export

5 to that destination because of their potential to

6 make a material contribution to the development of

7 nuclear, biological, or chemical weapons, or of bal8 listic or cruise missile systems.

9 (c) TIMING OF REPORTS.—The reports under sub10 sections (a) and (b) shall be submitted not later than 90

11 days after the date of the enactment of this Act, not later

12 than 6 months after such date of enactment, and not later

13 than the end of each 6-month period thereafter.

14 (d) SUBMISSION IN CLASSIFIED FORM.—When the

15 President considers it appropriate, reports under sub16 sections (a) and (b), or appropriate parts thereof, may be

17 submitted in classified form.

18 SEC. 3. AUTHORITY TO REINSTATE RESTRICTIONS ON COM19 MERCE WITH NORTH KOREA.

20 (a) AUTHORITY.—Subject to sections 4, 5, and 6, any

21 time that a report submitted under section 2(b) indicates

22 that there is credible information that, on or after the date

23 of the enactment of this Act, North Korea transferred to

24 a destination outside of North Korea goods, services, or

25 technology described in section 2(b)(1) or 2(b)(2), the
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1 President is authorized to reinstate any or all of the re2 strictions on commerce with North Korea described in

3 subsection (b), to the degree such restrictions are not al4 ready in effect, for such period of time as the President

5 may determine.

6 (b) RESTRICTIONS TO BE REINSTATED.—The re7 strictions on commerce referred to in subsection (a) are

8 all restrictions on trade and other transactions with North

9 Korea that were in effect on the day before September

10 12, 1999, under the Trading With the Enemy Act, the

11 Defense Production Act of 1950, and the Export Adminis12 tration Regulations of the Department of Commerce,

13 other than those restrictions on imports into the United

14 States.

15 (c) EFFECTIVE DATE.—Restrictions on commerce re16 instated under subsection (a) shall be effective on such

17 date as the President may determine.

18 (d) PUBLICATION IN FEDERAL REGISTER.—The

19 President shall publish in the Federal Register notice of

20 restrictions on commerce reinstated under subsection (a).

21 SEC. 4. PROCEDURES IF RESTRICTIONS ON COMMERCE

22 ARE NOT REINSTATED.

23 (a) REQUIREMENT TO NOTIFY CONGRESS.—Should

24 the President not exercise the authority of section 3(a)

25 to reinstate all of the restrictions not already in effect on
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1 commerce with North Korea described in section 3(b) fol2 lowing the submission of a report under section 2(b) indi3 cating that there is credible information that, on or after

4 the date of the enactment of this Act, North Korea trans5 ferred to a destination outside of North Korea goods, serv6 ices, or technology described in section 2(b)(1) or 2(b)(2),

7 the President shall so notify the relevant committees of

8 Congress within 30 days after submitting the report under

9 section 2(b).

10 (b) WRITTEN JUSTIFICATION.—Any notification sub11 mitted by the President under subsection (a) shall include

12 a written justification describing in detail the facts and

13 circumstances relating specifically to the transfer or trans14 fers described in the corresponding report submitted under

15 section 2(b) that support the President’s decision not to

16 exercise the authority of section 3(a) to reinstate the re17 strictions on commerce with North Korea described in sec18 tion 3(b).

19 (c) SUBMISSION IN CLASSIFIED FORM.—When the

20 President considers it appropriate, the notification of the

21 President under subsection (a), and the written justifica22 tion under subsection (b), or appropriate parts thereof,

23 may be submitted in classified form.

24 (d) EXCEPTION.—This section shall not apply in any

25 case governed by section 5.
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1 SEC. 5. REQUIREMENT IN CERTAIN CASES TO REINSTATE

2 RESTRICTIONS ON COMMERCE WITH NORTH

3 KOREA.

4 (a) REQUIREMENT TO REINSTATE RESTRICTIONS.—

5 Notwithstanding section 3, and subject to section 6, the

6 President shall reinstate all of the restrictions on com7 merce with North Korea described in section 3(b), to the

8 degree such restrictions are not already in effect, following

9 the submission of a report by the President—

10 (1) under section 2(a) indicating there is cred11 ible information that North Korea, on or after the

12 date of the enactment of this Act, took an action in13 consistent with its obligations under—

14 (A) the agreement between North Korea

15 and the United States of September 12, 1999,

16 to suspend launches of long-range missiles; or

17 (B) any other international agreement in

18 which North Korea agreed to limit its testing,

19 deployment, or transfer to other countries of

20 missiles or missile technology; or

21 (2) under section 2(b) indicating that there is

22 credible information that, on or after the date of the

23 enactment of this Act, North Korea transferred

24 goods, services, or technology described in section

25 2(b)(1) or 2(b)(2) to any country described in sub26 section (b).
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1 (b) COUNTRIES REFERRED TO IN SUBSECTION

2 (a)(2).—A country referred to subsection (a)(2) is any

3 country the government of which—

4 (1) has been determined by the Secretary of

5 State pursuant to section 6(j) of the Export Admin6 istration Act of 1979, section 620A(a) of the For7 eign Assistance Act of 1961, or section 40(d) of the

8 Arms Export Control Act, to have repeatedly pro9 vided support for acts of international terrorism; or

10 (2) has tested any long-range missile incor11 porating goods or technology knowingly transferred

12 to such government by North Korea.

13 (c) EFFECTIVE DATE.—Restrictions on commerce

14 with North Korea reinstated under subsection (a) fol15 lowing submission of a report under section 2(a) or 2(b)

16 shall take effect not later than 10 days after the President

17 submits the report.

18 (d) DURATION OF REINSTATED RESTRICTIONS.—Re19 strictions on commerce with North Korea reinstated under

20 subsection (a) shall remain in effect for a period of not

21 less than 2 years beginning on the effective date of the

22 restrictions, unless the requirements of this section are

23 waived pursuant to section 7.
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1 (e) PUBLICATION IN FEDERAL REGISTER.—The

2 President shall publish in the Federal Register notice of

3 restrictions on commerce reinstated under subsection (a).

4 (f) CONSTRUCTION.—Subsection (a) shall not be con5 strued to require any action by the President if all the

6 restrictions on commerce with North Korea described in

7 section 3(b) are already in effect on the date that is 10

8 days after the submission of a report described in sub9 section (a), except that all such restrictions shall remain

10 in effect for a period of not less than 2 years beginning

11 on such date, unless the requirements of this section are

12 waived pursuant to section 7.

13 SEC. 6. EXCEPTION FOR CASES IN WHICH NORTH KOREA

14 DID NOT KNOWINGLY ACT.

15 (a) IN GENERAL.—Sections 3, 4, and 5 shall not

16 apply with respect to any action by North Korea described

17 in a report submitted under section 2(a) or 2(b) if the

18 President reports to the relevant committees of Congress

19 that the President has determined that there is substantial

20 doubt that North Korea knowingly took that action.

21 (b) SUBMISSION IN CLASSIFIED FORM.—When the

22 President considers it appropriate, the determination and

23 report of the President under subsection (a), or appro24 priate parts thereof, may be submitted in classified form.
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1 SEC. 7. NATIONAL INTEREST WAIVER.

2 (a) AUTHORITY TO WAIVE.—The President may

3 waive the requirement of section 5 to reinstate or maintain

4 in effect restrictions on commerce with North Korea if,

5 in accordance with subsection (b), the President reports

6 to the relevant committees of Congress that the President

7 has determined that such waiver is important to the na8 tional security interests of the United States.

9 (b) CONSULTATION WITH CONGRESS.—The author10 ity of subsection (a) may be only be exercised if—

11 (1) at any time after the effective date pre12 scribed by section 5(b), the President informs the

13 relevant committees of Congress in writing of the

14 President’s intention to exercise that authority;

15 (2) the President provides the relevant commit16 tees of Congress a written justification for the pro17 posed exercise of that authority; and

18 (3) Before exercising that authority, the Presi19 dent consults with the relevant committees of Con20 gress regarding the proposed exercise of that author21 ity for a period of 30 days beginning on the date

22 that the President informs the relevant committees

23 of Congress under paragraph (1) of the President’s

24 intention to exercise the authority.
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1 SEC. 8. AUTHORITIES OF THE PRESIDENT IF NORTH KOREA

2 ENTERS A BINDING INTERNATIONAL AGREE3 MENT REGARDING MISSILE PROLIFERATION.

4 (a) STATEMENT OF POLICY.—The Congress encour5 ages the President to seek to negotiate a binding inter6 national agreement with North Korea that satisfies United

7 States concerns regarding the transfer by North Korea to

8 other countries of missiles and missile technology.

9 (b) AUTHORITIES OF THE PRESIDENT.—If the Presi10 dent determines and reports to the relevant committees

11 of Congress that North Korea has entered into a binding

12 international agreement that satisfies United States con13 cerns regarding the transfer by North Korea to other

14 countries of missiles and missile technology, the President

15 is authorized to—

16 (1) use funds made available by appropriation

17 Act enacted after the date of the enactment of this

18 Act for the ‘‘Nonproliferation, Anti-terrorism,

19 Demining and Related Programs’’ account to sup20 port the commercial launch in the United States or

21 other countries of satellites for North Korea (other

22 than a launch by North Korea or by an entity that

23 has made a transfer that is reportable under section

24 2(a) of the Iran Nonproliferation Act of 2000 (Pub25 lic Law 106–178), and has not been subject to a de26 termination pursuant to section 5 of such Act); and
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1 (2) waive sanctions that, as of the date of the

2 enactment of this Act, are in effect on North Korea

3 (including any entities in North Korea) pursuant to

4 section 73 of the Arms Export Control Act and sec5 tion 11B(b) of the Export Administration Act of

6 1979.

7 (c) CONSTRUCTION.—The authority of subsection

8 (b)(2) is in addition to authorities available to the Presi9 dent under other provisions of law.

10 SEC. 9. RELATIONSHIP TO STATE LAW.

11 No provision of this Act is intended to preempt the

12 law of any State or local government relating to North

13 Korea, to the extent that such law is more restrictive than

14 Federal law regarding commerce with North Korea.

15 SEC. 10. DEFINITIONS.

16 In this Act:

17 (1) LONG-RANGE MISSILE.—The term ‘‘long18 range missile’’ means any missile with a range of

19 1,000 kilometers or more.

20 (2) NORTH KOREA.—The term ‘‘North Korea’’

21 means the Democratic People’s Republic of North

22 Korea.

23 (3) RELEVANT COMMITTEES OF CONGRESS.—

24 The term ‘‘relevant committees of Congress’’ means

25 the Committee on International Relations of the
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1 House of Representatives and the Committee on

2 Foreign Relations of the Senate.

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