[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 145 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 145
To prohibit certain assistance to North Korea or the Korean Peninsula
Development Organization, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13, 2003
Mr. Kyl (for himself, Mr. McCain, Mr. Sessions, and Mr. Bayh)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To prohibit certain assistance to North Korea or the Korean Peninsula
Development Organization, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korea Democracy Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Under the Agreed Framework of October 21, 1994, North
Korea committed to--
(A) freeze and eventually dismantle its graphite-
moderated reactors and related facilities;
(B) implement the North-South Joint Declaration on
the Denuclearization of the Korean Peninsula, which
prohibits the production, testing, or possession of
nuclear weapons; and
(C) allow implementation of its IAEA safeguards
agreement under the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT) for nuclear facilities designated
under the Agreed Framework and any other North Korean
nuclear facilities.
(2) The General Accounting Office has reported that North
Korea has diverted heavy oil received from the United States-
led Korean Peninsula Energy Development Organization for
unauthorized purposes in violation of the Agreed Framework.
(3) On April 1, 2002, President George W. Bush stated that
he would not certify North Korea's compliance with all
provisions of the Agreed Framework.
(4) North Korea has violated the basic terms of the Agreed
Framework and the North-South Joint Declaration on the
Denuclearization of the Korean Peninsula by pursuing the
enrichment of uranium for the purpose of building a nuclear
weapon and by ``nuclearizing'' the Korean peninsula.
(5) North Korea has admitted to having a covert nuclear
weapons program and declared the Agreed Framework nullified.
(6) North Korea has announced its intention to restart the
5-megawatt reactor and related reprocessing facility at
Yongbyon, which were frozen under the Agreed Framework, and has
expelled the IAEA personnel monitoring the freeze.
(7) North Korea has announced its intention to withdraw
from the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Washington, London, and Moscow on July 1, 1968 (21 UST
483).
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreed framework.--The term ``Agreed Framework'' means
the Agreed Framework Between the United States of America and
the Democratic 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 Organization.
(4) North korea.--The term ``North Korea'' means the
Democratic People's Republic of Korea.
(5) NPT.--The term ``NPT'' means the Treaty on the Non-
Proliferation of Nuclear Weapons done at Washington, London,
and Moscow, July 1, 1968 (22 UST 483).
SEC. 4. SENSE OF CONGRESS REGARDING THE AGREED FRAMEWORK AND THE NORTH
KOREAN NUCLEAR WEAPONS PROGRAM.
It is the sense of Congress that--
(1) the Agreed Framework is, as a result of North Korea's
own illicit and deceitful actions over several years and recent
declaration, null and void;
(2) North Korea's pursuit and development of nuclear
weapons--
(A) is of grave concern and represents a serious
threat to the security of the United States, its
regional allies, and friends;
(B) is a clear and present danger to United States
forces and personnel in the region and the United
States homeland; and
(C) seriously undermines the security and stability
of Northeast Asia; and
(3) North Korea must immediately come into compliance with
its obligations under the Treaty on the Non-Proliferation of
Nuclear Weapons and other commitments to the international
community by--
(A) renouncing its nuclear weapons and materials
production ambitions;
(B) dismantling its nuclear infrastructure and
facilities;
(C) transferring all sensitive nuclear materials,
technologies, and equipment (including nuclear devices
in any stage of development) to the IAEA forthwith; and
(D) allowing immediate, full, and unfettered access
by IAEA inspectors to ensure that subparagraphs (A),
(B), and (C) have been fully and verifiably achieved;
and
(4) any diplomatic solution to the North Korean
crisis--
(A) should take into account that North
Korea is not a trustworthy negotiating partner;
(B) must achieve the total dismantlement of
North Korea's nuclear weapons and nuclear
production capability; and
(C) must include highly intrusive
verification requirements, including on-site
monitoring and free access for the
investigation of all sites of concern, that are
no less stringent than those imposed on Iraq
pursuant to United Nations Security Council
Resolution 1441 (2002) and previous
corresponding resolutions.
SEC. 5. PROHIBITION ON UNITED STATES ASSISTANCE UNDER THE AGREED
FRAMEWORK.
No department, agency, or entity of the United States Government
may provide assistance to North Korea or the Korean Peninsula Energy
Development Organization under the Agreed Framework.
SEC. 6. LIMITATIONS ON NUCLEAR COOPERATION.
(a) Restriction on Entry Into Force of Nuclear Cooperation
Agreement and Implementation of the Agreement.--Section 822(a) of the
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted by section 1000(b)(7) of
Public Law 106-113; 113 Stat. 1501A-472) is amended to read as follows:
``(a) In General.--
``(1) Restrictions.--Notwithstanding any other provision of
law or any international agreement, unless or until the
conditions described in paragraph (2) are satisfied--
``(A) no agreement for cooperation (as defined in
section 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;
``(B) no license may be issued for export directly
or indirectly to North Korea of any nuclear material,
facilities, components, or other goods, services, or
technology that would be subject to such agreement;
``(C) no approval may be given for the transfer or
retransfer directly or indirectly to North Korea of any
nuclear material, facilities, components, or other
goods, services, or technology that would be subject to
such agreement;
``(D) no license may be issued under the Export
Administration Act of 1979 for the export to North
Korea of any item or related technical data which, as
determined under section 309(c) of the Nuclear Non-
Proliferation Act of 1978, could be of significance for
nuclear explosive purposes or the production of nuclear
materials;
``(E) no license may be issued under section 109 b.
of the Atomic Energy Act of 1954 for the export to
North Korea of any component, substance, or item that
is subject to a license requirement under such section;
``(F) no approval may be granted, under the Export
Administration Act of 1979 or section 109 b.(3) of the
Atomic Energy Act of 1954, for the retransfer to North
Korea of any item, technical data, component, or
substance described in subparagraph (D) or (E); and
``(G) no authorization may be granted under section
57 b.(2) of the Atomic Energy Act of 1954 for any
person to engage, directly or indirectly, in the
production of special nuclear material (as defined in
section 11 aa. of the Atomic Energy Act of 1954) in
North Korea.
``(2) Conditions.--The conditions referred to in paragraph
(1) are that--
``(A) 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--
``(i) North Korea has come into full
compliance 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;
``(ii) North Korea has permitted the IAEA
full access to--
``(I) all additional sites and all
information (including historical
records) deemed necessary by the IAEA
to verify the accuracy and completeness
of North Korea's initial report of May
4, 1992, to the IAEA on all nuclear
sites and material in North Korea; and
``(II) all nuclear sites deemed to
be of concern to the IAEA subsequent to
that report;
``(iii) North Korea has consistently and
verifiably taken steps to implement the Joint
Declaration on Denuclearization, and is in full
compliance with its obligations under numbered
paragraphs 1, 2, and 3 of the Joint Declaration
on Denuclearization;
``(iv) North Korea does not have uranium
enrichment or nuclear reprocessing facilities,
and is making no progress toward acquiring or
developing such facilities;
``(v) North Korea does not have nuclear
materials or nuclear weapons and is making no
effort to acquire, develop, test, produce, or
deploy such weapons; and
``(vi) the transfer, approval, licensing,
or authorization of any of such materials,
components, facilities, goods, services,
technologies, data, substances or production
to, for or in North Korea is in the national
interest of the United States; and
``(B) there is enacted into law a joint resolution
stating in substance the approval of Congress of such
action.''.
(b) Conforming Amendment.--Section 822(b) of such Act is amended by
striking ``subsection (a)'' and inserting ``subsection (a)(1)''.
SEC. 7. APPLICATION OF UNITED STATES SANCTIONS.
(a) Authority To Impose Additional United States Sanctions Against
North Korea.--The President is authorized to exercise any of his
authorities under the Foreign Assistance Act of 1961, the Arms Export
Control Act, the International Emergency Economic Powers Act, or any
other provision of law to impose full economic sanctions against North
Korea, or to take any other appropriate action against North Korea,
including the interdiction of shipments of weapons, weapons-related
components, materials, or technologies, or dual-use items traveling to
or from North Korea, in response to the activities of North Korea to
develop nuclear weapons in violation of North Korea's international
obligations.
(b) Prohibition on Availability of Funds for Easing of Sanctions
Against North Korea.--None of the funds appropriated under any
provision of law may be made available to carry out any sanctions
regime against North Korea that is less restrictive than the sanctions
regime in effect against North Korea immediately prior to the September
17, 1999, announcement by the President of an easing of sanctions
against North Korea.
SEC. 8. PURSUIT OF MULTILATERAL MEASURES.
The President should take all necessary and appropriate actions to
obtain--
(1) international condemnation of North Korea for its
pursuit of nuclear weapons and serious breach of the Treaty on
the Non-Proliferation of Nuclear Weapons and other
international obligations, and
(2) multilateral diplomatic and economic sanctions against
North Korea that are at least as restrictive as United Nations
Security Council Resolution 661 concerning Iraq.
SEC. 9. TREATMENT OF REFUGEES FROM NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that the United
States should begin immediately to work with other countries in the
region to adopt a policy with respect to refugees from North Korea that
would--
(1) guarantee all such refugees safe arrival in a country
of first asylum in which the refugees would stay on a temporary
basis; and
(2) promote burden-sharing of refugee costs between
countries by providing for the resettlement of the refugees
from the country of first asylum to a third country.
(b) Eligibility for Refugee Status.--
(1) In general.--In the case of an alien who is a national
of North Korea, the alien may establish, for purposes of
admission as a refugee under section 207 of the Immigration and
Nationality Act, that the alien has a well-founded fear of
persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion
by asserting such a fear and asserting a credible basis for
concern about the possibility of such persecution.
(2) Not treated as national of south korea.--For purposes
of eligibility for refugee status under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), or for asylum
under section 208 of such Act (8 U.S.C. 1158), a national of
North Korea shall not be considered a national of the Republic
of Korea.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 10. INCREASED BROADCASTING BY RADIO FREE ASIA.
(a) In General.--In making grants to Radio Free Asia, the
Broadcasting Board of Governors shall ensure that Radio Free Asia
increases its broadcasting with respect to North Korea to 24 hours each
day.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 11. SENSE OF CONGRESS.
It is the sense of Congress that the United States, in conjunction
with the Republic of Korea and other allies in the Pacific region,
should take measures, including military reinforcements, enhanced
defense exercises and other steps as appropriate, to ensure--
(1) the highest possible level of deterrence against the
multiple threats that North Korea poses; and
(2) the highest level of readiness of United States and
allied forces should military action become necessary.
SEC. 12. PRESIDENTIAL REPORT.
Not later than 180 days after the date of enactment of this Act,
the President shall submit a report to Congress regarding his actions
to implement the provisions of this Act.
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