article: SECTION. 1. SHORT TITLE. This Act may be cited as the ``North Korea Nonproliferation 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 information 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, describing 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 Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information 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 relating to biological and chemical weapons the export 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, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (E) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions of July 12, 1996, and subsequent revisions; 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 ballistic or cruise missile systems. (c) Timing of Reports.--The reports under subsections (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 subsections (a) and (b), or appropriate parts thereof, may be submitted in classified form. SEC. 3. AUTHORITY TO REINSTATE RESTRICTIONS ON COMMERCE 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 restrictions on commerce with North Korea described in subsection (b), to the degree such restrictions are not already in effect, for such period of time as the President may determine. (b) Restrictions To Be Reinstated.--The restrictions 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 Administration Regulations of the Department of Commerce, other than those restrictions on imports into the United States. (c) Effective Date.--Restrictions on commerce reinstated 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) following the submission of a report 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 to a destination outside of North Korea goods, services, 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 submitted by the President under subsection (a) shall include a written justification describing in detail the facts and circumstances relating specifically to the transfer or transfers 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 restrictions on commerce with North Korea described in section 3(b). (c) Submission in Classified Form.--When the President considers it appropriate, the notification of the President under subsection (a), and the written justification 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 commerce 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 credible information 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; 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 subsection (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 Administration Act of 1979, section 620A(a) of the Foreign Assistance Act of 1961, or section 40(d) of the Arms Export Control Act, to have repeatedly provided support for acts of international terrorism; or (2) has tested any long-range missile incorporating goods or technology knowingly transferred to such government by North Korea. (c) Effective Date.--Restrictions on commerce with North Korea reinstated under subsection (a) following 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.--Restrictions 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 construed 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 subsection (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 appropriate 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 national security interests of the United States. (b) Consultation With Congress.--The authority of subsection (a) may be only be exercised if-- (1) at any time after the effective date prescribed 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 committees of Congress a written justification for the proposed exercise of that authority; and (3) Before exercising that authority, the President consults with the relevant committees of Congress regarding the proposed exercise of that authority 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. SEC. 8. AUTHORITIES OF THE PRESIDENT IF NORTH KOREA ENTERS A BINDING INTERNATIONAL AGREEMENT REGARDING MISSILE PROLIFERATION. (a) Statement of Policy.--The Congress encourages the President to seek to negotiate a binding international agreement with North Korea that satisfies United States concerns regarding the transfer by North Korea to other countries of missiles and missile technology. (b) Authorities of the President.--If the President determines and reports to the relevant committees of Congress that North Korea has entered into a binding international agreement that satisfies United States concerns regarding the transfer by North Korea to other countries of missiles and missile technology, the President is authorized to-- (1) use funds made available by appropriation Act enacted after the date of the enactment of this Act for the ``Nonproliferation, Anti-terrorism, Demining and Related Programs'' account to support the commercial launch in the United States or other countries of satellites for North Korea (other than a launch by North Korea or by an entity that has made a transfer that is reportable under section 2(a) of the Iran Nonproliferation Act of 2000 (Public Law 106-178), and has not been subject to a determination pursuant to section 5 of such Act); and (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 section 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 President 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.
summary: Authorizes the President to reinstate any or all of specified restrictions on commerce with North Korea any time a proliferation report indicates credible information that North Korea transferred nuclear goods, services, or technology to an outside destination. Requires a detailed justification to Congress in any such instance where the President decides not to reinstate restrictions. Requires a minimum two-year reinstatement (unless waived for national security reasons) of such restrictions if there is credible information that North Korea took an action inconsistent with: (1) compliance with the September 12, 1999, commitment to suspend launches of long-range missiles, or with any international agreement limiting testing, deployment, or transfer to other countries of missiles or missile technology; or (2) transferred any of specified nuclear goods, services, or technology to any country whose government has repeatedly supported acts of international terrorism, or has tested any long-range missile incorporating goods or technology knowingly transferred to such government by North Korea. Declares that reinstatement requirements shall not apply if the President reports to the relevant congressional committees that there is substantial doubt that North Korea knowingly took such an action. Encourages the President to seek to negotiate a binding international agreement with North Korea that satisfies U.S. concerns regarding the transfer by North Korea to other countries of missiles and missile technology. Authorizes the President, if North Korea enters into such an agreement, to: (1) waive specified sanctions under the Arms Export Control Act and the Export Administration Act of 1979; and (2) use certain funds to support the commercial launch in the United States or other countries of satellites for North Korea (other than a launch by North Korea or by certain other entities).