[Congressional Record Volume 149, Number 5 (Monday, January 13, 2003)]
[Senate]
[Pages S232-S233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself, Mr. McCain, Mr. Sessions, and Mr. Bayh):
  S. 145. A bill to prohibit assistance to North Korea or the Korean 
Peninsula Development Organization, and for other purposes; to the 
Committee on Foreign Relations.
  Mr. KYL. Mr. President, I ask unanimous consent that the text of the 
North Korea Democracy Act of 2003 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 145

       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 
     Denuclearlization 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)''.

[[Page S233]]

     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.
                                 ______