II

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.

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

2 This Act may be cited as the ‘‘Accountability to Con3 gress for Nuclear Transfers to North Korea Act of 2000’’.

4 SEC. 2. ENHANCEMENT OF CONGRESSIONAL OVERSIGHT

5 OF NUCLEAR TRANSFERS TO NORTH KOREA.

6 (a) ESTABLISHING REQUIREMENT FOR CONGRES7 SIONAL ACTION BY JOINT RESOLUTION.—The North

8 Korea Threat Reduction Act of 1999 (subtitle B of title

9 VIII of division A of H.R. 3427, as enacted into law by

10 section 1000(a)(7) of Public Law 106–113, and as con11 tained in appendix G to such Public Law) is amended in

12 section 822(a)—

13 (1) by redesignating paragraphs (1) through

14 (7) as subparagraphs (A) through (G), respectively,

15 and by indenting each such subparagraph 2 ems to

16 the right;

17 (2) by striking ‘‘until the President’’ and insert18 ing ‘‘until—

19 ‘‘(1) the President’’; and

20 (3) at the end of subparagraph (G) (as redesig21 nated in paragraph (1)) by striking the period and

22 inserting ‘‘; and

23 ‘‘(2) a joint resolution described in section 823

24 is enacted into law pursuant to the provisions of

25 such section.’’.
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1 (b) DESCRIPTION AND PROCEDURES FOR JOINT

2 RESOLUTION.—The North Korea Threat Reduction Act of

3 1999 is amended—

4 (1) by redesignating section 823 as section 824;

5 and

6 (2) by inserting after section 822 the following

7 new section:

8 ‘‘SEC. 823. JOINT RESOLUTION PURSUANT TO SECTION

9 822(a)(2).

10 ‘‘(a) TERMS OF JOINT RESOLUTION.—For purposes

11 of section 822(a)(2), the term ‘joint resolution’ means only

12 a joint resolution of the two Houses of Congress—–

13 ‘‘(1) the matter after the resolving clause of

14 which is as follows: ‘That the Congress hereby con15 curs in the determination and report of the Presi16 dent relating to compliance by North Korea with

17 certain international obligations transmitted pursu18 ant to section 822(a)(1) of the North Korea Threat

19 Reduction Act of 1999.’;

20 ‘‘(2) which does not have a preamble; and

21 ‘‘(3) the title of which is as follows: ‘Joint Res22 olution relating to compliance by North Korea with

23 certain international obligations pursuant to the

24 North Korea Threat Reduction Act of 1999.’.

25 ‘‘(b) CONGRESSIONAL REVIEW PROCEDURES.—
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1 ‘‘(1) RULEMAKING.—The provisions of this sec2 tion are enacted by the Congress—

3 ‘‘(A) as an exercise of the rulemaking

4 power of the House of Representatives and the

5 Senate, respectively, and, as such, shall be con6 sidered as part of the rules of either House and

7 shall supersede other rules only to the extent

8 they are inconsistent therewith; and

9 ‘‘(B) with full recognition of the constitu10 tional right of either House to change the rules

11 so far as they relate to the procedures of that

12 House at any time, in the same manner, and to

13 the same extent as in the case of any other rule

14 of that House.

15 ‘‘(2) INTRODUCTION AND REFERRAL.—

16 ‘‘(A) INTRODUCTION.—A joint resolution

17 described in subsection (a)—

18 ‘‘(i) shall be introduced in the House

19 of Representatives by the majority leader

20 or minority leader or by a Member of the

21 House of Representatives designated by

22 the majority leader or minority leader; and

23 ‘‘(ii) shall be introduced in the Senate

24 by the majority leader or minority leader
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1 or a Member of the Senate designated by

2 the majority leader or minority leader.

3 ‘‘(B) REFERRAL.—The joint resolution

4 shall be referred to the Committee on Inter5 national Relations of the House of Representa6 tives and the Committee on Foreign Relations

7 of the Senate.

8 ‘‘(3) DISCHARGE OF COMMITTEES.—If a com9 mittee to which a joint resolution described in sub10 section (a) is referred has not reported such joint

11 resolution by the end of 30 days beginning on the

12 date of its introduction, such committee shall be dis13 charged from further consideration of such joint res14 olution, and such joint resolution shall be placed on

15 the appropriate calendar of the House involved.

16 ‘‘(4) FLOOR CONSIDERATION IN THE HOUSE OF

17 REPRESENTATIVES.—

18 ‘‘(A) IN GENERAL.—On or after the third

19 calendar day (excluding Saturdays, Sundays, or

20 legal holidays, except when the House of Rep21 resentatives is in session on such a day) after

22 the date on which the committee to which a

23 joint resolution described in subsection (a) is

24 referred has reported, or has been discharged

25 from further consideration of, such a joint reso-
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1 lution, it shall be in order for any Member of

2 the House to move to proceed to the consider3 ation of the joint resolution. A Member of the

4 House may make the motion only on the day

5 after the calendar day on which the Member

6 announces to the House the Member’s intention

7 to do so. Such motion is privileged and is not

8 debatable. The motion is not subject to amend9 ment or to a motion to postpone. A motion to

10 reconsider the vote by which the motion is

11 agreed to shall not be in order. If a motion to

12 proceed to the consideration of the joint resolu13 tion is agreed to, the House shall immediately

14 proceed to consideration of the joint resolution

15 which shall remain the unfinished business until

16 disposed of.

17 ‘‘(B) DEBATE.—Debate on a joint resolu18 tion described in subsection (a), and on all de19 batable motions and appeals in connection

20 therewith, shall be limited to not more than two

21 hours, which shall be divided equally between

22 those favoring and those opposing the joint res23 olution. An amendment to the joint resolution is

24 not in order. A motion further to limit debate

25 is in order and is not debatable. A motion to
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1 table, a motion to postpone, or a motion to re2 commit the joint resolution is not in order. A

3 motion to reconsider the vote by which the joint

4 resolution is agreed to or disagreed to is not in

5 order.

6 ‘‘(C) APPEALS.—Appeals from the deci7 sions of the Chair to the procedure relating to

8 a joint resolution described in subsection (a)

9 shall be decided without debate.

10 ‘‘(5) FLOOR CONSIDERATION IN THE SEN11 ATE.—Any joint resolution described in subsection

12 (a) shall be considered in the Senate in accordance

13 with the provisions of section 601(b)(4) of the Inter14 national Security Assistance and Arms Export Con15 trol Act of 1976.

16 ‘‘(6) CONSIDERATION BY THE OTHER HOUSE.—

17 If, before the passage by one House of a joint reso18 lution of that House described in subsection (a),

19 that House receives from the other House a joint

20 resolution described in subsection (a), then the fol21 lowing procedures shall apply:

22 ‘‘(A) The joint resolution of the other

23 House shall not be referred to a committee and

24 may not be considered in the House receiving it
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1 except in the case of final passage as provided

2 in subparagraph (B)(ii).

3 ‘‘(B) With respect to a joint resolution de4 scribed in subsection (a) of the House receiving

5 the joint resolution—

6 ‘‘(i) the procedure in that House shall

7 be the same as if no joint resolution had

8 been received from the other House; but

9 ‘‘(ii) the vote on final passage shall be

10 on the joint resolution of the other House.

11 ‘‘(C) Upon disposition of the joint resolu12 tion received from the other House, it shall no

13 longer be in order to consider the joint resolu14 tion that originated in the receiving House.

15 ‘‘(7) COMPUTATION OF DAYS.—In the computa16 tion of the period of 30 days referred to in para17 graph (3), there shall be excluded the days on which

18 either House of Congress is not in session because

19 of an adjournment of more than 3 days to a day cer20 tain or because of an adjournment of the Congress

21 sine die.’’.

22 SEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR CO23 OPERATION WITH NORTH KOREA.

24 Section 822(a) of the North Korea Threat Reduction

25 Act of 1999 is amended by striking ‘‘such agreement,’’
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1 both places it appears and inserting in both places ‘‘such

2 agreement (or that are controlled under the Export Trig3 ger List of the Nuclear Suppliers Group),’’.

4 SEC. 4. PROHIBITION ON ASSUMPTION BY UNITED STATES

5 GOVERNMENT OF LIABILITY FOR NUCLEAR

6 ACCIDENTS IN NORTH KOREA.

7 The North Korea Threat Reduction Act of 1999 is

8 amended—

9 (1) by redesignating section 824 (as redesig10 nated by section 2(b)(1)) as section 825; and

11 (2) by inserting after section 823 (as added by

12 section 2(b)(2)) the following new section:

13 ‘‘SEC. 824. PROHIBITION ON ASSUMPTION BY UNITED

14 STATES GOVERNMENT OF LIABILITY FOR NU15 CLEAR ACCIDENTS IN NORTH KOREA.

16 ‘‘(a) PROHIBITION.—In supporting the provision of

17 nuclear reactors to North Korea pursuant to the Agreed

18 Framework, neither the President nor any department,

19 agency, or instrumentality of the United States Govern20 ment may enter into any international agreement, con21 tract, or other arrangement, the purpose or effect of which

22 is to impose liability on the United States Government,

23 or otherwise require financial indemnity by the United

24 States Government, for nuclear accidents that may occur
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1 at nuclear reactors provided to North Korea pursuant to

2 the Agreed Framework.

3 ‘‘(b) CONSTRUCTION.— Except as provided in sub4 section (c), the prohibition of subsection (a) shall apply

5 notwithstanding any other provision of law.

6 ‘‘(c) EXCEPTION.—Subsection (a) shall not apply to

7 any treaty subject to approval by the Senate pursuant to

8 article II, section 2, clause 2 of the Constitution of the

9 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 prohibitthe assumption by the United States Governmentof liability for nuclear accidents that may occurat nuclear reactors provided to North Korea.

JUNE 20, 2000

Read the second time and placed on the calendar