(This measure has not been amended since it was reported to the Senate on February 14, 2013. The summary of that version is repeated here.)
North Korea Nonproliferation and Accountability Act of 2013 - Expresses the sense of Congress that:
Directs the Secretary of State to conduct and submit to Congress a comprehensive report on U.S. policy towards North Korea.
States that nothing in this Act shall be construed as a declaration of war or an authorization for the use of force against North Korea.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 298 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 298
To prevent nuclear proliferation in North Korea, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2013
Mr. Menendez (for himself, Mr. Corker, Mr. Cardin, Mr. Rubio, Mrs.
Feinstein, Mrs. Boxer, Mr. Inhofe, and Mr. Donnelly) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To prevent nuclear proliferation in North Korea, and for other
purposes.
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 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 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported with amendments favorably.
Committee on Foreign Relations. Reported by Senator Menendez with amendments. Without written report.
Committee on Foreign Relations. Reported by Senator Menendez with amendments. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 16.
Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(consideration: CR S816-817; text as passed Senate: CR S816-817)
Passed Senate with amendments by Unanimous Consent. (consideration: CR S816-817; text as passed Senate: CR S816-817)
Received in the House.
Message on Senate action sent to the House.
Referred to the House Committee on Foreign Affairs.
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