S.Amdt. 5358

1. Strikes section 1221

   Strikes

   In S. 3001 · Placed on Calendar Senate

   Struck: SEC. 1221. WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA.

   Struck: (a) Annual Waiver Authority.--

   Struck: (1) In general.--Except as provided in subsection (b), the President may waive in whole or in part, with respect to North Korea, the application of any sanction under section 102(b) of the Arms Export Control Act (22 U.S.C. 2799aa-1(b)) for the purpose of--

   Struck: (A) assisting in the implementation and verification of the compliance by North Korea with its commitment, 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; and

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   Struck: (B) promoting the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction and their delivery systems.

   Struck: (2) Duration of waiver.--Any waiver issued under this subsection shall expire at the end of the calendar year in which issued.

   Struck: (b) Exceptions.--

   Struck: (1) Limited exception related to certain sanctions and prohibitions.--The authority under subsection (a) shall not apply with respect to a sanction or prohibition under subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export Control Act unless the President determines and certifies to the appropriate congressional committees that--

   Struck: (A) all reasonable steps will be taken to ensure that the articles or services exported or otherwise provided will not be used to improve the military capabilities of the armed forces of North Korea; and

   Struck: (B) such waiver is in the national security interests of the United States.

   Struck: (2) Limited exception related to certain activities.-- Unless the President determines and certifies to the appropriate congressional committees that using the authority under subsection (a) is vital to the national security interests of the United States, such authority shall not apply with respect to--

   Struck: (A) an activity described in subparagraph (A) of section 102(b)(1) of the Arms Export Control Act that occurs after September 19, 2005, and before the date of the enactment of this Act;

   Struck: (B) an activity described in subparagraph (C) of such section that occurs after September 19, 2005; or

   Struck: (C) an activity described in subparagraph (D) of such section that occurs after the date of the enactment of this Act.

   Struck: (3) Exception related to certain activities occurring after date of enactment.--The authority under subsection (a) shall not apply with respect to an activity described in subparagraph (A) or (B) of section 102(b)(1) of the Arms Export Control Act that occurs after the date of the enactment of this Act.

   Struck: (c) Notifications and Reports.--

   Struck: (1) Congressional notification.--The President shall notify the appropriate congressional committees in writing not later than 15 days before exercising the waiver authority under subsection (a).

   Struck: (2) Annual report.--Not later than January 31, 2009, and annually thereafter, the President shall submit to the appropriate congressional committees a report that--

   Struck: (A) lists all waivers issued under subsection (a) during the preceding year;

   Struck: (B) describes in detail the progress that is being made in the implementation of the commitment undertaken by North Korea, 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;

   Struck: (C) discusses specifically any shortcomings in the implementation by North Korea of that commitment; and

   Struck: (D) lists and describes the progress and shortcomings, in the preceding year, of all other programs promoting the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction or their delivery systems.

   Struck: (d) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--

   Struck: (1) the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and

   Struck: (2) the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives.

   Original wording

   Strike section 1221.

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As printed