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 Com-
mittee 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 Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ‘‘North Korea Non-
proliferation 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 informa-
tion 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, de-
scribing 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 Guide-
lines for the Export of Nuclear Material, Equip-
ment and Technology (published by the Inter-
national Atomic Energy Agency as Information
Circular INFCIRC/254/Rev.3/Part 1, and sub-
sequent revisions) and Guidelines for Transfers
of Nuclear-Related Dual-Use Equipment, Mate-
rial, and Related Technology (published by the
International Atomic Energy Agency as Infor-
mation 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 relat-
ing to biological and chemical weapons the ex-
port 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, Produc-
tion, Stockpiling and Use of Chemical Weapons
and on Their Destruction; or
(E) the Wassenaar Arrangement list of
Dual Use Goods and Technologies and Muni-
tions of July 12, 1996, and subsequent revi-
sions; 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 bal-
listic or cruise missile systems.
(c) TIMING OF REPORTS.—The reports under sub-
sections (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 sub-
sections (a) and (b), or appropriate parts thereof, may be
submitted in classified form.
SEC. 3. AUTHORITY TO REINSTATE RESTRICTIONS ON COM-
MERCE 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 re-
strictions on commerce with North Korea described in
subsection (b), to the degree such restrictions are not al-
ready in effect, for such period of time as the President
may determine.
(b) RESTRICTIONS TO BE REINSTATED.—The re-
strictions 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 Adminis-
tration Regulations of the Department of Commerce,
other than those restrictions on imports into the United
States.
(c) EFFECTIVE DATE.—Restrictions on commerce re-
instated 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) fol-
lowing the submission of a report under section 2(b) indi-
cating that there is credible information that, on or after
the date of the enactment of this Act, North Korea trans-
ferred to a destination outside of North Korea goods, serv-
ices, 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 sub-
mitted by the President under subsection (a) shall include
a written justification describing in detail the facts and
circumstances relating specifically to the transfer or trans-
fers 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 re-
strictions on commerce with North Korea described in sec-
tion 3(b).
(c) SUBMISSION IN CLASSIFIED FORM.—When the
President considers it appropriate, the notification of the
President under subsection (a), and the written justifica-
tion 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 com-
merce 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 cred-
ible information that North Korea, on or after the
date of the enactment of this Act, took an action in-
consistent 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 sub-
section (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 Admin-
istration Act of 1979, section 620A(a) of the For-
eign Assistance Act of 1961, or section 40(d) of the
Arms Export Control Act, to have repeatedly pro-
vided support for acts of international terrorism; or
(2) has tested any long-range missile incor-
porating goods or technology knowingly transferred
to such government by North Korea.
(c) EFFECTIVE DATE.—Restrictions on commerce
with North Korea reinstated under subsection (a) fol-
lowing 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.—Re-
strictions 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 con-
strued 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 sub-
section (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 appro-
priate 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 na-
tional security interests of the United States.
(b) CONSULTATION WITH CONGRESS.—The author-
ity of subsection (a) may be only be exercised if—
(1) at any time after the effective date pre-
scribed 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 commit-
tees of Congress a written justification for the pro-
posed exercise of that authority; and
(3) Before exercising that authority, the Presi-
dent consults with the relevant committees of Con-
gress regarding the proposed exercise of that author-
ity 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.
(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 sec-
tion 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 Presi-
dent 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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