[Congressional Record Volume 159, Number 26 (Monday, February 25, 2013)]
[Senate]
[Pages S816-S817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTH KOREA NONPROLIFERATION AND ACCOUNTABILITY ACT OF 2013
Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the
Senate proceed to the immediate consideration of Calendar No. 16, S.
298.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 298) to prevent nuclear proliferation in North
Korea, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations, with
an amendments, as follows:
(The part of the bill intended to be stricken is shown in
boldface brackets and the part of the bill intended to be
inserted is shown in italic.)
S. 298
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
and Accountability Act of 2013''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On February 12, 2013, the Government of North Korea
declared that it had conducted its third test of a nuclear
device, following its first self-declared test on October 9,
2006, and its second test on May 25, 2009.
(2) United Nations Security Council Resolution 1718,
adopted on October 14, 2006, condemned the nuclear test
proclaimed by North Korea on October 9, 2006, in flagrant
disregard of its relevant resolutions, in particular Security
Council Resolution 1695 (2006), and demanded that North Korea
not conduct any further nuclear test or launch of a ballistic
missile; immediately retract its announcement of withdrawal
from the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Washington, London, and Moscow July 1, 1968, and
entered into force March 5, 1970 (NPT); and return to the NPT
and International Atomic Energy Agency (IAEA) safeguards.
(3) United Nations Security Council Resolution 1718 further
decided that North Korea shall suspend all activities related
to its ballistic missile program and in this context re-
establish its pre-existing commitments to a moratorium on
missile launching; shall abandon all nuclear weapons and
existing nuclear programs in a complete, verifiable, and
irreversible manner; shall act strictly in accordance with
the obligations applicable to parties under the NPT and the
terms and conditions of its IAEA Safeguards Agreement; shall
provide the IAEA transparency measures extending beyond these
requirements, including such access to individuals,
documentation, equipments and facilities as may be required
and deemed necessary by the IAEA; and shall abandon all other
existing weapons of mass destruction (WMD) and its ballistic
missile program in a complete, verifiable, and irreversible
manner.
(4) United Nations Security Council Resolution 1718 also
required United Nations Member States to prevent--
(A) transfers to, and procurement from, North Korea of--
(i) items, materials, equipment, goods, and technology
listed in the resolution; and
(ii) other items, determined by the Security Council or the
1718 Committee, which could contribute to North Korea's
nuclear-related, ballistic missile-related, or other weapons
of mass destruction-related programs;
(B) certain military equipment or technology transfers
related to the prohibited items; and
(C) the transfer of luxury goods to North Korea.
(5) United Nations Security Council Resolution 1718 further
required United Nations Member States to prevent the entry
into and transit through their territories of individuals
designated by the Security Council or the 1718 Committee as
being responsible for North Korea's ballistic missile-
related, nuclear-related, or other weapons of mass
destruction-related programs, and the immediate freezing of
funds, other financial assets, and economic resources of
persons or entities designated by the Security Council or the
1718 Committee as being engaged in or
[[Page S817]]
providing support for such programs, or by persons or
entities acting on their behalf or at their direction.
(6) On May 25, 2009, the Government of North Korea declared
that it had conducted a second test of a nuclear device.
(7) United Nations Security Council Resolution 1874,
adopted on June 12, 2009--
(A) decided that North Korea shall abandon all nuclear
weapons and existing nuclear programs in a complete,
verifiable, and irreversible manner;
(B) authorized and required United Nations Member States to
seize and dispose of proscribed illicit North Korea items
related to its missile, nuclear, and WMD programs identified
in inspections called for by the resolution;
(C) banned the export to North Korea of all arms and
related material other than small arms and light weapons; and
(D) decided that Member States shall--
(i) prevent the provision of financial services or the
transfer to, through, or from their territory of any
financial or other assets or resources that could contribute
to North Korea's nuclear-related, ballistic missile-related,
or other WMD-related programs or activities; and
(ii) deny fuel or supplies to service the vessels carrying
them except where necessary on humanitarian grounds.
(8) On December 12, 2012, in flagrant defiance of past
United Nations Security Council resolutions, the
international community, and its Six-Party partners, the
Government of North Korea launched a three-stage, long-range
missile, which overflew Japanese territory near Okinawa and
dropped debris into the Yellow Sea, the East China Sea, and
waters adjacent to the Philippines.
(9) The United Nations Security Council adopted Security
Council Resolution 2087 on January 22, 2013, which condemned
North Korea's December 12, 2012, missile launch as a breach
of Security Council Resolutions 1718 and 1874, demanded that
North Korea ``abandon all nuclear weapons and existing
nuclear programs in a complete, verifiable, and irreversible
manner,'' and expressed the determination of the Security
Council ``to take significant action in the event of a
further DPRK launch or nuclear test''.
(10) the transition to the leadership of Kim Jong-Un after
the death of Kim Jong-Il has introduced new uncertainties,
yet the fundamental human rights and humanitarian conditions
inside North Korea remain deplorable, thousands of North
Koreans remain imprisoned in modern-day gulags, North Korean
refugees remain acutely vulnerable, and the findings in the
North Korean Human Rights Act of 2004 (Public Law 108-333; 22
U.S.C. 7801 et seq.), the North Korean Human Rights
Reauthorization Act of 2008 (Public Law 110-346), and the
Ambassador James R. Lilley and Congressman Stephen J. Solarz
North Korea Human Rights Reauthorization Act of 2012 (Public
Law 112-172) remain substantially accurate today.
(11) There has been extensive military cooperation between
the Governments of North Korea and Iran that dates back to
the 1980s.
(12) The latest provocative and defiant action by the
Government of North Korea represents a direct threat to the
United States and to our regional allies and partners.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the test of a nuclear device by the Government of North
Korea on February 12, 2013, and the missile launch of
December 12, 2012, represent flagrant violations of the
sanctions regime created by United Nations Security Council
Resolutions 1695 (2006), 1718 (2006), and 1874 (2009), the
test of the nuclear device on February 12, 2013, is a clear,
deliberate, and provocative violation of United Nations
Security Resolution 2087 (2013), and the Government of North
Korea continues to defy the United Nations, its Six-Party
partners, and the international community;
(2) all Member States of the United Nations should
immediately implement and enforce sanctions imposed by these
resolutions and censure North Korea;
(3) the Government of North Korea should abandon and
dismantle its provocative ballistic missile and nuclear
weapons programs, cease its proliferation activities, and
come into immediate compliance with all United Nations
Security Council resolutions and its commitments under the
2005 Joint Statement of the Six-Party Talks;
(4) restrictions against the Government of North Korea,
including sanctions that ban the importation into the United
States of unlicensed North Korean products and goods, should
remain in effect until the Government of North Korea no
longer engages in activities that threaten the United States,
our allies and partners, and global peace and stability;
(5) the United States Government should seek a new round of
United Nations Security Council sanctions, including the
public identification of all North Korean and foreign banks,
business, and government agencies suspected of conduct that
violates United Nations Security Council resolutions, and
implementing necessary measures to ensure enforcement of such
sanctions;
(6) all United Nations Member States should--
(A) further strengthen efforts to prevent the transfer of
military and dual-use technologies to North Korea, including
an expansion of the list of sanctioned materials identified
by the United Nations Panel of Experts on North Korea
sanctions and the items on the Nuclear Suppliers Group lists;
(B) exercise enhanced vigilance including monitoring the
activities of their nationals, persons in their territories,
financial institutions, and other entities with or on behalf
of financial institutions in North Korea, or of those that
act on behalf or at the direction of financial institutions
in North Korea, including their branches, representatives,
agents, and subsidiaries abroad; and
(C) prevent transshipments that relate to North Korean
military, missile, and nuclear programs and proliferation
activities;
(7) the United States Government should explore [all
appropriate measures for enhanced military operations by the
United States Armed Forces] appropriate measures by the
United States Armed Forces in the Asia-Pacific region,
including in partnership with the armed forces of others
countries in the region, to safeguard the national interests,
security, and livelihood of the United States and its people,
as well as those of United States allies and partners in the
region; and
(8) the United States Government, acting through its
appropriate diplomatic representatives, should secure the
agreement of the United Nations Human Rights Council and
General Assembly to adopt the recommendations made in the
February 1, 2013, report of Marzuki Darusman, Special
Rapporteur on the situation of human rights in the Democratic
People's Republic of Korea, that an inquiry mechanism should
be established to investigate North Korea's ``grave,
widespread and systematic violations of human rights,'' as
well as to analyze whether crimes against humanity are being
perpetrated in North Korea.
SEC. 4. REPORT.
Not later than May 15, 2013, the Secretary of State shall
conduct, coordinate, and submit to Congress a comprehensive
report on United States policy towards North Korea based on a
full and complete interagency review of current policy and
possible alternatives, including North Korea's weapons of
mass destruction and missile programs and human rights
atrocities. The report shall include recommendations for such
legislative or administrative action as the Secretary
considers appropriate in light of the results of the review.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as a declaration of
war or an authorization for the use of force against North
Korea.
Mr. BLUMENTHAL. Mr. President, I further ask that the committee-
reported amendment be agreed to; the bill, as amended, be read a third
time and passed; and that the motions to reconsider be made and laid
upon the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment was agreed to.
The bill (S. 298) was ordered to be engrossed for a third reading,
was read the third time, and passed.
____________________