[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.

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