[Congressional Record Volume 152, Number 99 (Tuesday, July 25, 2006)]
[Senate]
[Pages S8206-S8208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTH KOREA NONPROLIFERATION ACT OF 2006
Mr. FRIST. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3728, introduced earlier
today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3728) to promote nuclear nonproliferation in
North Korea.
There being no objection, the Senate proceeded to consider the bill.
Mr. FRIST. Mr. President, I ask unanimous consent that the bill be
read a third time and passed, the motion to reconsider be laid upon the
[[Page S8207]]
table, and that any statements relating to the bill be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3728) was ordered to be engrossed for a third reading
was read the third time, and passed, as follows:
S. 3728
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 Nonproliferation
Act of 2006''.
SEC. 2. STATEMENT OF POLICY.
(a) In view of --
(1) North Korea's manifest determination to produce
missiles, nuclear weapons, and other weapons of mass
destruction and to proliferate missiles, in violation of
international norms and expectations; and
(2) United Nations Security Council Resolution 1695,
adopted on July 15, 2006, which requires all Member States,
in accordance with their national legal authorities and
consistent with international law, to exercise vigilance and
prevent--
(A) missile and missile-related items, materials, goods,
and technology from being transferred to North Korea's
missile or weapons of mass destruction programs; and
(B) the procurement of missiles or missile-related items,
materials, goods, and technology from North Korea, and the
transfer of any financial resources in relation to North
Korea's missile or weapons of mass destruction programs,
it should be the policy of the United States to impose
sanctions on persons who transfer such weapons, and goods and
technology related to such weapons, to and from North Korea
in the same manner as persons who transfer such items to and
from Iran and Syria currently are sanctioned under United
States law.
SEC. 3. AMENDMENTS TO IRAN AND SYRIA NONPROLIFERATION ACT.
(a) Reporting Requirements.--Section 2 of the Iran and
Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C.
1701 note) is amended--
(1) in the heading, by inserting ``, North Korea,'' after
``Iran''; and
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Iran, or'' and inserting ``Iran,''; and
(ii) by inserting after ``Syria'' the following: ``, or on
or after January 1, 2006, transferred to or acquired from
North Korea'' after ``Iran''; and
(B) in paragraph (2), by inserting ``, North Korea,'' after
``Iran''.
(b) Conforming Amendments.--Such Act is further amended--
(1) in section 1, by inserting ``, North Korea,'' after
``Iran'';
(2) in section 5(a), by inserting ``, North Korea,'' after
``Iran'' both places it appears; and
(3) in section 6(b)--
(A) in the heading, by inserting ``, North Korea,'' after
``Iran''; and
(B) by inserting ``, North Korea,'' after ``Iran'' each
place it appears.
SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL COOPERATION.
Congress urges all governments to comply promptly with
United Nations Security Council Resolution 1695 and to impose
measures on persons involved in such proliferation that are
similar to those imposed by the United States Government
pursuant to the Iran, North Korea, and Syria Nonproliferation
Act (Public Law 106-178; 50 U.S.C. 1701 note), as amended by
this Act.
Mr. FRIST. Mr. President, the bill that we just passed, S. 3728, to
promote nuclear nonproliferation in North Korea was introduced by
myself, Senator Biden, and others.
As we all know, earlier this month, the North Korean regime defied
the international community and launched seven long and medium-range
missiles into the Sea of Japan. One of the missiles, the Taepodong-2,
has a potential range of approximately 9,000 miles, placing the United
States well within reach of attack by North Korea.
Kim Jong Il's regime took this dangerous and provocative action
despite repeated warnings not to do so from the United States, its
close neighbors and participants in the six-party talks, and many
others in the international community.
The unanimous consent which was just approved focuses on this issue
of nuclear nonproliferation in North Korea.
The North Korean missile launches reminded us yet again of the threat
posed by Kim Jong Il's regime.
North Korea's pursuit of nuclear weapons and its possession of long-
range missiles that could potentially strike our Nation is a grave
threat to the security of the American people and to peace and
stability in East Asia.
This combination of nuclear weapons and long range missiles is a
threat that the United States should not tolerate.
Since November 2005, North Korea has boycotted the six-party talks
aimed at ending the regime's illicit nuclear weapons program.
In an effort to revive this diplomatic track, the People's Republic
of China 2 weeks ago sent a high-level delegation to Pyongyang to
convince North Korea to return to the six-party talks.
North Korea remained intransigent and gave no indication of any
willingness to allow diplomatic efforts to succeed.
The U.N. Security Council then decided to act.
On July 15, the United Nations Security Council sent a strong,
unambiguous, and unified message to the North Koreans that their latest
provocations are unacceptable.
The Security Council unanimously passed Resolution 1695. This
resolution condemned unequivocally the North Korean missile launches.
In addition, the Security Council demanded that North Korea
reestablish its moratorium on missile launches. It also requires all
U.N. member states to do everything they can to prevent the procurement
and transfer of missiles, missile-related items, materials, goods,
technology, or financial resources to or from North Korea's missile and
WMD programs.
As Ambassador Bolton stated:
The United States expects that the DPRK and all other UN
Member States will immediately act in accordance with the
requirements of this resolution.
However, soon afterwards, North Korea announced that it had no
intention of abiding by the resolution's requirements--yet another act
of defiance and brinkmanship.
North Korea's continued defiance of the international community
leaves our Nation with no alternative but to act.
For all these reasons, I rise today to call up the North Korea
Nonproliferation Act of 2006, which I originally introduced last week.
This legislation will add North Korea to the list of countries
currently covered by the Iran and Syria Nonproliferation Act.
Under this bill, the President would be required to submit a report
to Congress every 6 months listing all foreign persons believed to have
transferred to or acquired from North Korea materials that could
contribute to the production of missiles, nuclear weapons, other
weapons of mass destruction, and certain conventional weapons.
This legislation also authorizes the President to impose sanctions on
all foreign persons identified on this list.
These sanctions include prohibitions on U.S. Government procurement
from such persons and the issuance of U.S. Government export licenses
for exports to such persons.
Ultimately, the bill will lead to U.S. sanctions on any foreign
persons or foreign companies that transfer missile and WMD-related
items, as well as certain advanced conventional weapons, to North
Korea, or that buy such items from North Korea.
The U.S. is already doing this with respect to transfers of these
items to and from Iran and Syria under the Iran and Syria
Nonproliferation Act. The time has come for us to treat transfers of
these items to North Korea no less seriously than we already treat
transfers of these same items to Iran and Syria.
Of course, no transfers of missile and WMD-related items to or from
North Korea should be taking place now that the Security Council has
forbidden all such commerce with that country.
Experience teaches us, however, that detennined proliferators are
likely to ignore these new U.N. sanctions, which is why this
legislation is so criticaUy important. It will provide a partial remedy
in such cases, and should deter violations of the new U.N. sanctions on
North Korea.
The North Korea Nonproliferation Act of 2006 will reinforce Security
Council Resolution 1695 and demonstrate that the United States is,
indeed, doing all that it can to stop the transfer of these dangerous
materials to and from North Korea.
The U.N. Security Council has spoken. The United States must now step
up its efforts to fulfill its responsibility to protect the American
homeland from the North Korean threat.
Section 4 of this bill calls on all other countries to consider
measures similar to the ones that we will adopt pursuant to this law to
reinforce Security Council Resolution 1695.
[[Page S8208]]
I would hope that, in particular, countries such as Japan that are
especially threatened by North Korea's provocative actions will
consider taking steps like those provided for under this legislation to
deter the transfer by others to or from North Korea of sensitive items
with weapons applications.
These items in the hands of Kim Jong Il pose a direct threat to the
American people, the people of the region, and peace and security in
East Asia.
If we are in earnest about protecting the American homeland, then
it's imperative that we prevent the North Korean regime from acquiring
these dangerous materials. I thank the cosponsors of this bill:
Chairman Lugar, as well as Senators Inouye, Brownback, Biden, Bunning,
Akaka, and Dole, as well as the rest of my Senate colleagues for their
support.
____________________