2000 that can only be met by the provision of more
than $35,000,000 in assistance from the United
States.
(e) LIMITATION
ON USE
OF SPECIAL AUTHORI-
TIES.—The authority of section 614 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2364) may not be used to
authorize the provision of assistance that cannot be pro-
vided due to any prohibition, restriction, or condition on
release of funds that is contained in subsection (b), (c),
or (d).
SEC. 4. FOOD ASSISTANCE TO NORTH KOREA.
Notwithstanding any other provision of law, none of
the funds authorized to be appropriated by section 3(a),
or made available under any other provision of law, may
be made available for food assistance for North Korea
until the President determines and reports to the Commit-
tees on International Relations and Appropriations of the
House of Representatives and the Committees on Foreign
Relations and Appropriations of the Senate that—
(1) the Government of the Republic of Korea
concurs in the delivery and procedures for delivery
of United States food assistance to North Korea;
(2) previous United States food assistance to
North Korea has not been significantly diverted to
military use;
(3) North Korean military stocks have been ex-
pended to respond to unmet food aid needs in North
Korea;
(4) the United Nations World Food Program or
other private voluntary organizations registered with
the United States Agency for International Develop-
ment have been permitted to take and have taken all
reasonable steps to ensure that food deliveries will
not be diverted from intended recipients, including
unannounced, unscheduled, and unsupervised visits
to recipient institutions and farmers’ markets by Ko-
rean-speaking monitors affiliated with the United
Nations World Food Program or other private vol-
untary organizations registered with the United
States Agency for International Development; and
(5) the United States Government has directly,
and indirectly through appropriate international or-
ganizations, encouraged North Korea to initiate fun-
damental structural reforms of its agricultural sec-
tor.
SEC. 5. RESTRICTIONS ON NUCLEAR COOPERATION WITH
NORTH KOREA.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law or any international agreement, no agreement
for cooperation (as defined in sec. 11 b. of the Atomic
Energy Act of 1954 (42 U.S.C. 2014 b.)) between the
United States and North Korea may become effective, no
license may be issued for export directly or indirectly to
North Korea of any nuclear material, facilities, compo-
nents, or other goods, services, or technology that would
be subject to such agreement, and no approval may be
given for the transfer or retransfer directly or indirectly
to North Korea of any nuclear material, facilities, compo-
nents, or other goods, services, or technology that would
be subject to such agreement, until—
(1) the President determines and reports to the
Committee on International Relations of the House
of Representatives and the Committee on Foreign
Relations of the Senate that—
(A) North Korea has come into full compli-
ance with its safeguards agreement with the
IAEA (INFCIRC/403), and has taken all steps
that have been deemed necessary by the IAEA
in this regard;
(B) North Korea has permitted the IAEA
full access to all additional sites and all infor-
mation (including historical records) deemed
necessary by the IAEA to verify the accuracy
and completeness of North Korea’s initial re-
port of May 4, 1992, to the IAEA on all nu-
clear sites and material in North Korea;
(C) North Korea is in full compliance with
its obligations under the Agreed Framework;
(D) North Korea is in full compliance with
its obligations under the Joint Declaration on
Denuclearization;
(E) North Korea does not have the capa-
bility to enrich uranium, and is not seeking to
acquire or develop such capability, or any addi-
tional capability to reprocess spent nuclear fuel;
(F) North Korea has terminated its nu-
clear weapons program, including all efforts to
acquire, develop, test, produce, or deploy such
weapons; and
(G) the transfer to North Korea of key nu-
clear components, under the proposed agree-
ment for cooperation with North Korea and in
accordance with the Agreed Framework, is in
the national interest of the United States; and
(2) there is enacted a joint resolution stating in
substance that the Congress concurs in the deter-
mination and report of the President submitted pur-
suant to paragraph (1).
(b) CONSTRUCTION.—The restrictions contained in
subsection (a) shall apply in addition to all other applica-
ble procedures, requirements, and restrictions contained in
the Atomic Energy Act of 1954 and other laws.
SEC. 6. CONTINUATION OF RESTRICTIONS ON TRANS-
ACTIONS 
WITH 
NORTH 
KOREA 
PENDING
PROGRESS ON BALLISTIC MISSILE ISSUES.
(a) CONTINUATION OF RESTRICTIONS.—
(1) CONTINUATION
OF
RESTRICTIONS.—All
prohibitions and restrictions on transactions and ac-
tivities with North Korea imposed under section 5(b)
of the Trading with the Enemy Act (as in effect on
July 1, 1977), as set forth in part 500 of title 31,
Code of Federal Regulations as in effect on April 1,
1999, shall remain in effect until the President sub-
mits the determination and report described in sub-
section (b), and—
(A) the authority of section 501.803 of
title 31, Code of Federal Regulations (relating
to the authority to modify chapter V of title 31,
Code of Federal Regulations) and other provi-
sions of law may not be used to modify such
prohibitions and restrictions, as in effect on
such date, and
(B) no prohibition or restriction on trans-
actions or activities set forth in subpart B of
part 500 of title 31, Code of Federal Regula-
tions, as in effect on April 1, 1999, may be au-
thorized after that date, other than those trans-
actions and activities specifically authorized
under subpart E of such part,
until such determination and report are so sub-
mitted.
(2) REVOCATION OF PRIOR MODIFICATIONS AND
AUTHORIZATIONS.—Any modification otherwise pro-
hibited under paragraph (1)(A) that is made after
April 1, 1999, and before the date of enactment of
this Act, and any authorization granted after April
1, 1999, and before the date of enactment of this
Act, for a transaction or activity otherwise prohib-
ited under paragraph (1)(B), shall be revoked as of
such date of enactment.
(b) TERMINATION
OF RESTRICTIONS.—The deter-
mination and report referred to in subsection (a) is a de-
termination by the President, reported to the Committee
on International Relations of the House of Representa-
tives and the Committee on Foreign Relations of the Sen-
ate, that—
(1) North Korea has agreed to institute a total
ban on exports of missiles, missile components, and
missile technology;
(2) there is no credible evidence that North
Korea has, during the 1-year period prior to the
date of the President’s determination, exported mis-
siles, missile components, or missile technology;
(3) North Korea has terminated its long-range
missile program, including all efforts to acquire, de-
velop, test, produce, or deploy such missiles;
(4) North Korea is in full compliance with its
obligations under the Agreed Framework;
(5) North Korea is in full compliance with its
obligations 
under 
the 
Joint 
Declaration 
on
Denuclearization;
(6) North Korea does not have the capability to
enrich uranium, and is not seeking to acquire or de-
velop such capability, or any additional capability to
reprocess spent nuclear fuel; and
(7) North Korea has terminated its nuclear
weapons program, including all efforts to acquire,
develop, test, produce, or deploy such weapons; and
(c) REIMPOSITION OF RESTRICTIONS.—Should the
President become aware of information establishing that
North Korea—
(1) has exported missiles, missile components,
or missile technology,
(2) is seeking to acquire, develop, test, produce,
or deploy long-range missiles,
(3) is not in full compliance with its obligations
under the Agreed Framework or the Joint Declara-
tion on Denuclearization,
(4) has the capability to enrich uranium or is
seeking to acquire or develop such capability, or ad-
ditional capability to reprocess spent nuclear fuel, or
(5) is seeking to acquire, develop, test, produce,
or deploy nuclear weapons,
then the requirements of subsection (a) shall be reimposed
notwithstanding any determination and report submitted
under subsection (b).
SEC. 7. BALLISTIC MISSILE DEFENSE IN THE ASIA-PACIFIC
REGION.
(a) POLICY OF THE UNITED STATES.—It shall be the
policy of the United States to work with friendly govern-
ments in the Asia-Pacific region to develop and deploy bal-
listic missile defenses capable of countering ballistic mis-
sile threats in the region.
(b) JOINT EARLY WARNING SYSTEM.—Of the funds
appropriated to carry out the provisions of section 23 of
the Arms Export Control Act for fiscal year 2000, up to
$10,000,000 is authorized to be made available to support
the establishment of a joint early warning system in the
Asia-Pacific region. Such system shall have as its purpose
the continuous sharing of information on missile launches
detected by the governments participating in the system,
and may include the establishment by such governments
of a joint early warning center.
SEC. 8. REFUGEES FROM NORTH KOREA.
(a) POLICY OF THE UNITED STATES.—It shall be the
policy of the United States to oppose the involuntary re-
turn of North Korean refugees to North Korea, to support
the provision of international assistance to such refugees
in the People’s Republic of China and other countries of
asylum, and to facilitate the resettlement of such refugees
in South Korea and other neighboring countries.
(b) AUTHORIZATION OF ASSISTANCE FOR REFUGEES
FROM NORTH KOREA.—Of the funds appropriated for
‘‘Migration and Refugee Assistance’’ for fiscal year 2000,
up to $30,000,000 is authorized to be made available for
assistance to North Korean refugees in the People’s Re-
public of China and other countries of asylum, and to sup-
port the resettlement of such refugees in South Korea and
other neighboring countries.
SEC. 9. REPORT TO CONGRESS ON THE AGREED FRAME-
WORK.
Not later than 90 days after the date of enactment
of this Act, the President shall submit to the Committees
on International Relations and Appropriations of the
House of Representatives and the Committees on Foreign
Relations and Appropriations of the Senate a report on
the following:
(1) The projected total cost of the two 1000
MW(e) light water nuclear reactors that are to be
constructed in North Korea pursuant to the Agreed
Framework, the portion of this total cost that South
Korea and Japan have committed to pay, the poten-
tial sources of funding for the portion of this total
cost that South Korea and Japan have not com-
mitted to pay, and the maximum portion of this
total cost, if any, that the President anticipates will
be paid by the United States.
(2) Of the projected total cost identified in re-
sponse to paragraph (1), the portion of this cost
that North Korea will be obligated to repay, the like-
ly terms upon which such repayment will be re-
quired, and the possible sources of revenue from
which such repayment will be made.
(3) The degree to which North Korea’s elec-
trical power distribution network will have to be up-
graded in order to distribute the electrical power
that will be generated by the two 1000 MW(e) light
water nuclear reactors that are to be constructed in
North Korea pursuant to the Agreed Framework,
the projected cost of such upgrades, and the possible
sources of funding for such upgrades.
(4) The advantages to North Korea of building
non-nuclear power plants rather than light water nu-
clear power plants, including—
(A) the cost saving that could be realized
by building non-nuclear electric power plants
with a total generation capacity of 2000 MW(e)
rather than two light water nuclear power
plants with that same capacity;
(B) the projected date by which non-nu-
clear electric power plants with a total genera-
tion capacity of 2000 MW(e) could be com-
pleted, compared with the projected date by
which two light water nuclear power plants with
that same capacity will be completed; and
(C) the advantages for electric power dis-
tribution that could be realized by building a
number of non-nuclear electric power plants
with a total generation capacity of 2000 MW(e)
rather than two light water nuclear power
plants with that same capacity.
SEC. 10. DEFINITIONS.
In this Act:
(1) AGREED FRAMEWORK.—The term ‘‘Agreed
Framework’’ means the ‘‘Agreed Framework Be-
tween the United States of America and the Demo-
cratic People’s Republic of Korea’’, signed in Geneva
on October 21, 1994, and the Confidential Minute to
that Agreement.
(2) IAEA.—The term ‘‘IAEA’’ means the
International Atomic Energy Agency.
(3) KEDO.—The term ‘‘KEDO’’ means the
Korean Peninsula Energy Development Organiza-
tion.
(4) NORTH KOREA.—The term ‘‘North Korea’’
means the Democratic People’s Republic of Korea.
(5) LONG
RANGE
MISSILE.—The term ‘‘long
range missile’’ means a missile with a range of 1000
kilometers or more.
(6) 
JOINT
DECLARATION
ON
DENUCLEARIZATION.—The term ‘‘Joint Declaration
on Denuclearization’’ means the Joint Declaration
on the Denuclearization of the Korean Peninsula,