S.Amdt. 4814

SA 4814. Mr. BROWNBACK (for himself, Mr. Ensign, and Mr. Roberts)
submitted an amendment intended to be proposed to amendment SA 4803
proposed by Mr. Reid to the bill H.R. 2642, making appropriations for
military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2008, and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 31 of the amendment, strike line 17 and
all that follows through line 12 on page 35, and insert the
following:

SEC. 1404. WAIVER OF CERTAIN SANCTIONS TO FACILITATE
DENUCLEARIZATION ACTIVITIES IN NORTH KOREA.

(a) Waiver Authority and Exceptions.--
(1) Waiver authority.--Except as provided in paragraph (2),
the President may waive, in whole or in part, the application
of any sanction contained in subparagraph (A), (B), (D), or
(G) of section 102(b)(2) of the Arms Export Control Act (22
U.S.C. 2799aa-1(b)(2)) with respect to North Korea in order
to provide material, direct, and necessary assistance for
disablement, dismantlement, verification, and physical
removal activities in the implementation of the commitment of
North Korea, undertaken in the Joint Statement of September
19, 2005, to abandon all nuclear weapons and existing nuclear
programs as part of the verifiable denuclearization of the
Korean Peninsula.
(2) Exceptions.--The waiver authority under paragraph (1)
may not be exercised with respect to the following:
(A) Any export of lethal defense articles that would be
prevented by the application of section 102(b)(2)(B) of the
Arms Export Control Act.
(B) Any sanction relating to credit or credit guarantees
contained in section 102(b)(2)(D) of the Arms Export Control
Act.
(b) Certification Regarding Waiver of Certain Sanctions.--
Assistance described in subparagraph (B) or (G) of section
102(b)(2) of the Arms Export Control Act (22 U.S.C. 2799aa-
1(b)(2)) may be provided with respect to North Korea by
reason of the exercise of the waiver authority under
subsection (a) only if the President first determines and
certifies to the appropriate congressional committees that--
(1) all necessary steps will be taken to ensure that the
assistance will not be used to improve the military
capabilities of the armed forces of North Korea; and
(2) the exercise of the waiver authority is in the national
security interests of the United States.
(c) Congressional Notification and Report.--
(1) Notification.--The President shall notify the
appropriate congressional committees in writing not later
than 15 days before exercising the waiver authority under
subsection (a).
(2) Report.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter for such time
during which the exercise of the waiver authority under
subsection (a) remains in effect, the President shall
transmit to the appropriate congressional committees a report
that--
(A) describes in detail the progress that is being made in
the implementation of the commitment of North Korea described
in subsection (a);

[[Page S4704]]

(B) describes in detail any failures, shortcomings, or
obstruction by North Korea with respect to the implementation
of the commitment of North Korea described in subsection (a);
(C) describes in detail the progress or lack thereof in the
preceding 12-month period of all other programs promoting the
elimination of North Korea's capability to develop, deploy,
transfer, or maintain weapons of mass destruction or their
delivery systems; and
(D) beginning with the second report required by this
subsection, a justification for the continuation of the
waiver exercised under subsection (a) and, if applicable,
subsection (b), for the fiscal year in which the report is
submitted.
(d) Termination of Waiver Authority.--Any waiver in effect
by reason of the exercise of the waiver authority under
subsection (a) shall terminate if the President determines
that North Korea--
(1)(A) on or after September 19, 2005, transferred to a
non-nuclear-weapon state, or received, a nuclear explosive
device; or
(B) on or after October 10, 2006, detonated a nuclear
explosive device; or
(2) on or after September 19, 2005--
(A) transferred to a non-nuclear-weapon state any design
information or component which is determined by the President
to be important to, and known by North Korea to be intended
by the recipient state for use in, the development or
manufacture of any nuclear explosive device, or
(B) sought and received any design information or component
which is determined by the President to be important to, and
intended by North Korea for use in, the development or
manufacture of any nuclear explosive device,
unless the President determines and certifies to the
appropriate congressional committees that such waiver is
vital to the national security interests of the United
States.
(e) Expiration of Waiver Authority.--Any waiver in effect
by reason of the exercise of the waiver authority under
subsection (a) shall terminate on the date that is 4 years
after the date of the enactment of this Act. The waiver
authority under subsection (a) may not be exercised beginning
on the date that is 3 years after the date of the enactment
of this Act.
(f) Continuation of Restrictions Against the Government of
North Korea.--
(1) In general.--Except as provided in subsection (a)(1),
restrictions against the Government of North Korea that were
imposed by reason of a determination of the Secretary of
State that North Korea is a state sponsor of terrorism shall
remain in effect, and shall not be lifted pursuant to the
provisions of law under which the determination was made,
unless the President certifies to the appropriate
congressional committees that--
(A) the Government of North Korea is no longer engaged in
the transfer of technology related to the acquisition or
development of nuclear weapons, particularly to the
Governments of Iran, Syria, or any other country that is a
state sponsor of terrorism;
(B) in accordance with the Six-Party Talks Agreement of
February 13, 2007, the Government of North Korea has
``provided a complete and correct declaration of all its
nuclear programs,'' and there are measures to effectively
verify this declaration by the United States which, ``[a]t
the request of the other Parties,'' is leading ``disablement
activities'' and ``provid[ing] the funding for those
activities''; and
(C) the Government of North Korea has agreed to the
participation of the International Atomic Energy Agency in
the monitoring and verification of the shutdown and sealing
of the Yongbyon nuclear facility.
(2) State sponsor of terrorism defined.--In this
subsection, the term ``state sponsor of terrorism'' means a
country the government of which the Secretary of State has
determined, for purposes of section 6(j) of the Export
Administration Act of 1979 (as continued in effect pursuant
to the International Emergency Economic Powers Act), section
40 of the Arms Export Control Act, section 620A of the
Foreign Assistance Act of 1961, or any other provision of
law, is a government that has repeatedly provided support for
acts of international terrorism.
(g) Report on Verification Measures Relating to North
Korea's Nuclear Programs.--
(1) In general.--Not later than 15 days after the date of
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on
verification measures relating to North Korea's nuclear
programs under the Six-Party Talks Agreement of February 13,
2007, with specific focus on how such verification measures
are defined under the Six-Party Talks Agreement and
understood by the United States Government.
(2) Matters to be included.--The report required under
paragraph (1) shall include, among other elements, a detailed
description of--
(A) the methods to be utilized to confirm that North Korea
has ``provided a complete and correct declaration of all of
its nuclear programs'';
(B) the specific actions to be taken in North Korea and
elsewhere to ensure a high and ongoing level of confidence
that North Korea has fully met the terms of the Six-Party
Talks Agreement relating to its nuclear programs;
(C) any formal or informal agreement with North Korea
regarding verification measures relating to North Korea's
nuclear programs under the Six-Party Talks Agreement; and
(D) any disagreement expressed by North Korea regarding
verification measures relating to North Korea's nuclear
programs under the Six-Party Talks Agreement.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(h) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate;
(2) the terms ``non-nuclear-weapon state'', ``design
information'', and ``component'' have the meanings given such
terms in section 102 of the Arms Export Control Act (22
U.S.C. 2799aa-1); and
(3) the term ``Six-Party Talks Agreement of February 13,
2007'' or ``Six-Party Talks Agreement'' means the action plan
released on February 13, 2007, of the Third Session of the
Fifth Round of the Six-Party Talks held in Beijing among the
People's Republic of China, the Democratic People's Republic
of Korea (North Korea), Japan, the Republic of Korea (South
Korea), the Russian Federation, and the United States
relating to the denuclearization of the Korean Peninsula,
normalization of relations between North Korea and the United
States, normalization of relations between North Korea and
Japan, economy and energy cooperation, and matters relating
to the Northeast Asia Peace and Security Mechanism.

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