IC 

113TH CONGRESS 

1ST SESSION S. 298 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2013 

Referred to the Committee on Foreign Affairs 

AN ACT 

To prevent nuclear proliferation in North Korea, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘North Korea Non3 proliferation and Accountability Act of 2013’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) On February 12, 2013, the Government of 

7 North Korea declared that it had conducted its third 

8 test of a nuclear device, following its first self-de9 clared test on October 9, 2006, and its second test 

10 on May 25, 2009. 

11 (2) United Nations Security Council Resolution 

12 1718, adopted on October 14, 2006, condemned the 

13 nuclear test proclaimed by North Korea on October 

14 9, 2006, in flagrant disregard of its relevant resolu15 tions, in particular Security Council Resolution 1695 

16 (2006), and demanded that North Korea not con17 duct any further nuclear test or launch of a ballistic 

18 missile; immediately retract its announcement of 

19 withdrawal from the Treaty on the Non-Proliferation 

20 of Nuclear Weapons, done at Washington, London, 

21 and Moscow July 1, 1968, and entered into force 

22 March 5, 1970 (NPT); and return to the NPT and 

23 International Atomic Energy Agency (IAEA) safe24 guards. 

25 (3) United Nations Security Council Resolution 

26 1718 further decided that North Korea shall susVerDate Mar 15 2010 01:27 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S298.RFH S298

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1 pend all activities related to its ballistic missile pro2 gram and in this context re-establish its pre-existing 

3 commitments to a moratorium on missile launching; 

4 shall abandon all nuclear weapons and existing nu5 clear programs in a complete, verifiable, and irre6 versible manner; shall act strictly in accordance with 

7 the obligations applicable to parties under the NPT 

8 and the terms and conditions of its IAEA Safe9 guards Agreement; shall provide the IAEA trans10 parency measures extending beyond these require11 ments, including such access to individuals, docu12 mentation, equipments and facilities as may be re13 quired and deemed necessary by the IAEA; and shall 

14 abandon all other existing weapons of mass destruc15 tion (WMD) and its ballistic missile program in a 

16 complete, verifiable, and irreversible manner. 

17 (4) United Nations Security Council Resolution 

18 1718 also required United Nations Member States 

19 to prevent— 

20 (A) transfers to, and procurement from, 

21 North Korea of— 

22 (i) items, materials, equipment, goods, 

23 and technology listed in the resolution; and 

24 (ii) other items, determined by the Se25 curity Council or the 1718 Committee, 


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1 which could contribute to North Korea’s 

2 nuclear-related, ballistic missile-related, or 

3 other weapons of mass destruction-related 

4 programs; 

5 (B) certain military equipment or tech6 nology transfers related to the prohibited items; 

7 and 

8 (C) the transfer of luxury goods to North 

9 Korea. 

10 (5) United Nations Security Council Resolution 

11 1718 further required United Nations Member 

12 States to prevent the entry into and transit through 

13 their territories of individuals designated by the Se14 curity Council or the 1718 Committee as being re15 sponsible for North Korea’s ballistic missile-related, 

16 nuclear-related, or other weapons of mass destruc17 tion-related programs, and the immediate freezing of 

18 funds, other financial assets, and economic resources 

19 of persons or entities designated by the Security 

20 Council or the 1718 Committee as being engaged in 

21 or providing support for such programs, or by per22 sons or entities acting on their behalf or at their di23 rection. 


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1 (6) On May 25, 2009, the Government of North 

2 Korea declared that it had conducted a second test 

3 of a nuclear device. 

4 (7) United Nations Security Council Resolution 

5 1874, adopted on June 12, 2009— 

6 (A) decided that North Korea shall aban7 don all nuclear weapons and existing nuclear 

8 programs in a complete, verifiable, and irrevers9 ible manner; 

10 (B) authorized and required United Na11 tions Member States to seize and dispose of 

12 proscribed illicit North Korea items related to 

13 its missile, nuclear, and WMD programs identi14 fied in inspections called for by the resolution; 

15 (C) banned the export to North Korea of 

16 all arms and related material other than small 

17 arms and light weapons; and 

18 (D) decided that Member States shall— 

19 (i) prevent the provision of financial 

20 services or the transfer to, through, or 

21 from their territory of any financial or 

22 other assets or resources that could con23 tribute to North Korea’s nuclear-related, 

24 ballistic missile-related, or other WMD-re25 lated programs or activities; and 


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1 (ii) deny fuel or supplies to service the 

2 vessels carrying them except where nec3 essary on humanitarian grounds. 

4 (8) On December 12, 2012, in flagrant defiance 

5 of past United Nations Security Council resolutions, 

6 the international community, and its Six-Party part7 ners, the Government of North Korea launched a 

8 three-stage, long-range missile, which overflew Japa9 nese territory near Okinawa and dropped debris into 

10 the Yellow Sea, the East China Sea, and waters ad11 jacent to the Philippines. 

12 (9) The United Nations Security Council adopt13 ed Security Council Resolution 2087 on January 22, 

14 2013, which condemned North Korea’s December 

15 12, 2012, missile launch as a breach of Security 

16 Council Resolutions 1718 and 1874, demanded that 

17 North Korea ‘‘abandon all nuclear weapons and ex18 isting nuclear programs in a complete, verifiable, 

19 and irreversible manner,’’ and expressed the deter20 mination of the Security Council ‘‘to take significant 

21 action in the event of a further DPRK launch or nu22 clear test’’. 

23 (10) the transition to the leadership of Kim 

24 Jong-Un after the death of Kim Jong-Il has intro25 duced new uncertainties, yet the fundamental human 


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1 rights and humanitarian conditions inside North 

2 Korea remain deplorable, thousands of North Kore3 ans remain imprisoned in modern-day gulags, North 

4 Korean refugees remain acutely vulnerable, and the 

5 findings in the North Korean Human Rights Act of 

6 2004 (Public Law 108–333; 22 U.S.C. 7801 et 

7 seq.), the North Korean Human Rights Reauthoriza8 tion Act of 2008 (Public Law 110–346), and the 

9 Ambassador James R. Lilley and Congressman Ste10 phen J. Solarz North Korea Human Rights Reau11 thorization Act of 2012 (Public Law 112–172) re12 main substantially accurate today. 

13 (11) There has been extensive military coopera14 tion between the Governments of North Korea and 

15 Iran that dates back to the 1980s. 

16 (12) The latest provocative and defiant action 

17 by the Government of North Korea represents a di18 rect threat to the United States and to our regional 

19 allies and partners. 

20 SEC. 3. SENSE OF CONGRESS. 

21 It is the sense of Congress that— 

22 (1) the test of a nuclear device by the Govern23 ment of North Korea on February 12, 2013, and the 

24 missile launch of December 12, 2012, represent fla25 grant violations of the sanctions regime created by 


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1 United Nations Security Council Resolutions 1695 

2 (2006), 1718 (2006), and 1874 (2009), the test of 

3 the nuclear device on February 12, 2013, is a clear, 

4 deliberate, and provocative violation of United Na5 tions Security Resolution 2087 (2013), and the Gov6 ernment of North Korea continues to defy the 

7 United Nations, its Six-Party partners, and the 

8 international community; 

9 (2) all Member States of the United Nations 

10 should immediately implement and enforce sanctions 

11 imposed by these resolutions and censure North 

12 Korea; 

13 (3) the Government of North Korea should 

14 abandon and dismantle its provocative ballistic mis15 sile and nuclear weapons programs, cease its pro16 liferation activities, and come into immediate compli17 ance with all United Nations Security Council reso18 lutions and its commitments under the 2005 Joint 

19 Statement of the Six-Party Talks; 

20 (4) restrictions against the Government of 

21 North Korea, including sanctions that ban the im22 portation into the United States of unlicensed North 

23 Korean products and goods, should remain in effect 

24 until the Government of North Korea no longer en25 gages in activities that threaten the United States, 


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1 our allies and partners, and global peace and sta2 bility; 

3 (5) the United States Government should seek 

4 a new round of United Nations Security Council 

5 sanctions, including the public identification of all 

6 North Korean and foreign banks, business, and gov7 ernment agencies suspected of conduct that violates 

8 United Nations Security Council resolutions, and im9 plementing necessary measures to ensure enforce10 ment of such sanctions; 

11 (6) all United Nations Member States should— 

12 (A) further strengthen efforts to prevent 

13 the transfer of military and dual-use tech14 nologies to North Korea, including an expan15 sion of the list of sanctioned materials identi16 fied by the United Nations Panel of Experts on 

17 North Korea sanctions and the items on the 

18 Nuclear Suppliers Group lists; 

19 (B) exercise enhanced vigilance including 

20 monitoring the activities of their nationals, per21 sons in their territories, financial institutions, 

22 and other entities with or on behalf of financial 

23 institutions in North Korea, or of those that act 

24 on behalf or at the direction of financial institu25 tions in North Korea, including their branches, 


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1 representatives, agents, and subsidiaries 

2 abroad; and 

3 (C) prevent transshipments that relate to 

4 North Korean military, missile, and nuclear 

5 programs and proliferation activities; 

6 (7) the United States Government should ex7 plore appropriate measures by the United States 

8 Armed Forces in the Asia-Pacific region, including 

9 in partnership with the armed forces of others coun10 tries in the region, to safeguard the national inter11 ests, security, and livelihood of the United States 

12 and its people, as well as those of United States al13 lies and partners in the region; and 

14 (8) the United States Government, acting 

15 through its appropriate diplomatic representatives, 

16 should secure the agreement of the United Nations 

17 Human Rights Council and General Assembly to 

18 adopt the recommendations made in the February 1, 

19 2013, report of Marzuki Darusman, Special 

20 Rapporteur on the situation of human rights in the 

21 Democratic People’s Republic of Korea, that an in22 quiry mechanism should be established to investigate 

23 North Korea’s ‘‘grave, widespread and systematic 

24 violations of human rights,’’ as well as to analyze 


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1 whether crimes against humanity are being per2 petrated in North Korea. 

3 SEC. 4. REPORT. 

4 Not later than May 15, 2013, the Secretary of State 

5 shall conduct, coordinate, and submit to Congress a com6 prehensive report on United States policy towards North 

7 Korea based on a full and complete interagency review of 

8 current policy and possible alternatives, including North 

9 Korea’s weapons of mass destruction and missile pro10 grams and human rights atrocities. The report shall in11 clude recommendations for such legislative or administra12 tive action as the Secretary considers appropriate in light 

13 of the results of the review. 

14 SEC. 5. RULE OF CONSTRUCTION. 

15 Nothing in this Act shall be construed as a declara16 tion of war or an authorization for the use of force against 

17 North Korea. 

Passed the Senate February 25, 2013. 

Attest: NANCY ERICKSON, 

Secretary. 


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