[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 564 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
S. RES. 564

   Condemning North Korea's fifth nuclear test on September 9, 2016.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2016

Mr. Cardin (for himself, Mr. Reed, Mrs. Feinstein, Mr. Durbin, and Mr. 
Schumer) submitted the following resolution; which was referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
   Condemning North Korea's fifth nuclear test on September 9, 2016.

Whereas the Democratic People's Republic of North Korea (DPRK) conducted its 
        fifth nuclear test on September 9, 2016, in Punggye-ri, North Hamgyong 
        Province;
Whereas North Korea's nuclear test on September 9th, the second nuclear test 
        this year, follows an unprecedented campaign of ballistic missile 
        launches, which the Government of North Korea claims are intended to 
        serve as delivery vehicles for nuclear weapons targeting the United 
        States and United States allies South Korea and Japan;
Whereas North Korea continues to test nuclear weapons and intercontinental and 
        submarine-launched ballistic missiles, which pose a major threat to the 
        United States and United States allies and partners in Asia and around 
        the world;
Whereas the Government of North Korea's belligerent behavior has been in direct 
        defiance of United Nations Security Council Resolutions 1718 (adopted 
        October 14, 2006), 1874 (adopted June 12, 2009), 2087 (adopted January 
        22, 2013), 2094 (adopted March 7, 2013), and 2270 (adopted March 2, 
        2016) and the non-proliferation regime;
Whereas the United Nations Security Council strongly condemned North Korea's 
        nuclear test and expressed its willingness to begin to work immediately 
        on appropriate measures under Article 41 in a United Nations Security 
        Council Resolution after its meeting on September 10, 2016;
Whereas President Barack Obama stated in response to the nuclear test that ``far 
        from achieving its stated national security and economic development 
        goals, North Korea's provocative and destabilizing actions have instead 
        served to isolate and impoverish its people through its relentless 
        pursuit of nuclear weapons and ballistic missile capabilities'';
Whereas Secretary of State John Kerry stated in response to the nuclear test 
        that ``the D.P.R.K.'s repeated and willful violations of its obligations 
        under U.N. Security Council Resolutions, its belligerent and erratic 
        threats, and web of illicit activities around the world indicate it has 
        no interest in participating in global affairs as a responsible member 
        of the international community'';
Whereas United States Ambassador to the United Nations Samantha Power stated in 
        explanation of the vote on United Nations Security Council Resolution 
        2270 that ``the chronic suffering of the people of North Korea is the 
        direct result of the choices made by the DPRK government, a government 
        that has consistently prioritized its nuclear weapons and ballistic 
        missile programs over providing for the most basic needs of its own 
        people . . . the North Korean government would rather grow its nuclear 
        weapons program than grow its children'';
Whereas Republic of Korea President Park Geun-hye stated, in response to the 
        nuclear test, ``North Korea's nuclear test, already the second this 
        year, cannot be regarded as anything else but a direct defiance against 
        the international community . . . the nuclear threat posed by North 
        Korea is an urgent and present threat. Accordingly, our and the 
        international community's response too should now be completely 
        different from before.'';
Whereas Congress passed the North Korea Sanctions and Policy Enhancement Act 
        (NKSPEA) on February 18, 2016 (Public Law 114-122);
Whereas NKSPEA imposes mandatory sanctions on individuals who contribute to 
        North Korea's nuclear program, proliferation activities, malicious 
        cyberattacks, and human rights abuses;
Whereas, on June 1, 2016, the Department of the Treasury designated North Korea 
        as a ``primary money laundering concern'' under section 5318A of title 
        31, United States Code;
Whereas, on July 6, 2016, the Department of the Treasury designated top 
        officials of the North Korean regime, including North Korean leader Kim 
        Jong Un, ten other individuals, and five entities, for their role as 
        perpetrators of human rights abuses in North Korea; and
Whereas additional measures to further curtail North Korea's access to 
        international financial markets, further impede trade that benefits the 
        Government of North Korea, government and party officials, and military 
        entities, and freeze assets of North Korean officials are available both 
        through already authorized unilateral United States policy, including 
        secondary sanctions on entities that facilitate trade with North Korea 
        and designations for actions which undermine cybersecurity, and through 
        the United Nations Security Council: Now, therefore, be it
    Resolved, That the Senate--
            (1) condemns the North Korean regime for continuing its 
        dangerous provocations, focusing solely on the advancement of 
        its nuclear and missile capabilities while violating the human 
        rights of its people;
            (2) calls on the North Korean regime to immediately and 
        unconditionally meet its obligation to abandon its nuclear 
        weapons and missile programs in a complete, verifiable, and 
        irreversible manner;
            (3) calls on China to exercise its significant economic and 
        diplomatic leverage over the DPRK, including through the 
        aggressive enforcement of existing United Nations Security 
        Council resolutions, in order to halt North Korea's illegal 
        nuclear and missile programs;
            (4) reaffirms the commitment of the United States to 
        defending allies in the region, including through deployment of 
        a Terminal High Altitude Area Defense (THAAD) battery to the 
        Republic of Korea and joint United States-Japan efforts to 
        develop the next generation of missile defense interceptors, 
        including the Standard Missile 3;
            (5) reinforces longstanding United States commitments to 
        provide extended deterrence, guaranteed by the full spectrum of 
        United States defense capabilities, to the Republic of Korea 
        and Japan;
            (6) supports ongoing efforts to strengthen the United 
        States-Republic of Korea alliance, to protect the 28,500 
        members of the United States Armed Forces stationed on the 
        Korean Peninsula, and to defend the alliance against any and 
        all provocations committed by the North Korean regime; and
            (7) calls on all members of the United Nations Security 
        Council to take immediate action to pass additional and 
        meaningful new measures under Article 41 of the United Nations 
        Charter, including--
                    (A) stricter measures to eliminate exceptions in 
                current United Nations Security Council resolution 
                sanctions;
                    (B) further restrictions on imports and exports of 
                such sectoral commodities as coal, iron, and precious 
                metals and the prohibition on fuel oil exports to North 
                Korea;
                    (C) elimination of access for entities involved in 
                North Korea's nuclear and ballistic missile programs to 
                international financial markets and banking;
                    (D) restrictions on the use of North Korean 
                subcontractors in global supply chains, particularly in 
                the textile and apparel industry;
                    (E) restrictions on the supply of aviation fuel and 
                a ban on civilian aviation;
                    (F) a ban on bulk cash transfers to and from North 
                Korea;
                    (G) prevention of the use of North Korean labor in 
                third-country projects and agreements; and
                    (H) a downgrading of North Korean diplomatic 
                representation.
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