[Congressional Record (Bound Edition), Volume 152 (2006), Part 12]
[Senate]
[Pages 15670-15671]
[From the U.S. 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 
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.

[[Page 15671]]

  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.
  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.

                          ____________________