text: 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.
target: 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).
feat_title: North Korea Nonproliferation Act of 2000