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Calendar No. 16 

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 of the Senate 

FEBRUARY 14, 2013 

Reported by Mr. MENENDEZ, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘North Korea Non5 proliferation and Accountability Act of 2013’’. 

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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

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

4 North Korea declared that it had conducted its third 

5 test of a nuclear device, following its first self-de6 clared test on October 9, 2006, and its second test 

7 on May 25, 2009. 

8 (2) United Nations Security Council Resolution 

9 1718, adopted on October 14, 2006, condemned the 

10 nuclear test proclaimed by North Korea on October 

11 9, 2006, in flagrant disregard of its relevant resolu12 tions, in particular Security Council Resolution 1695 

13 (2006), and demanded that North Korea not con14 duct any further nuclear test or launch of a ballistic 

15 missile; immediately retract its announcement of 

16 withdrawal from the Treaty on the Non-Proliferation 

17 of Nuclear Weapons, done at Washington, London, 

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

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

20 International Atomic Energy Agency (IAEA) safe21 guards. 

22 (3) United Nations Security Council Resolution 

23 1718 further decided that North Korea shall sus24 pend all activities related to its ballistic missile pro25 gram and in this context re-establish its pre-existing 

26 commitments to a moratorium on missile launching; 

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1 shall abandon all nuclear weapons and existing nu2 clear programs in a complete, verifiable, and irre3 versible manner; shall act strictly in accordance with 

4 the obligations applicable to parties under the NPT 

5 and the terms and conditions of its IAEA Safe6 guards Agreement; shall provide the IAEA trans7 parency measures extending beyond these require8 ments, including such access to individuals, docu9 mentation, equipments and facilities as may be re10 quired and deemed necessary by the IAEA; and shall 

11 abandon all other existing weapons of mass destruc12 tion (WMD) and its ballistic missile program in a 

13 complete, verifiable, and irreversible manner. 

14 (4) United Nations Security Council Resolution 

15 1718 also required United Nations Member States 

16 to prevent— 

17 (A) transfers to, and procurement from, 

18 North Korea of— 

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

20 and technology listed in the resolution; and 

21 (ii) other items, determined by the Se22 curity Council or the 1718 Committee, 

23 which could contribute to North Korea’s 

24 nuclear-related, ballistic missile-related, or 

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1 other weapons of mass destruction-related 

2 programs; 

3 (B) certain military equipment or tech4 nology transfers related to the prohibited items; 

5 and 

6 (C) the transfer of luxury goods to North 

7 Korea. 

8 (5) United Nations Security Council Resolution 

9 1718 further required United Nations Member 

10 States to prevent the entry into and transit through 

11 their territories of individuals designated by the Se12 curity Council or the 1718 Committee as being re13 sponsible for North Korea’s ballistic missile-related, 

14 nuclear-related, or other weapons of mass destruc15 tion-related programs, and the immediate freezing of 

16 funds, other financial assets, and economic resources 

17 of persons or entities designated by the Security 

18 Council or the 1718 Committee as being engaged in 

19 or providing support for such programs, or by per20 sons or entities acting on their behalf or at their di21 rection. 

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

23 Korea declared that it had conducted a second test 

24 of a nuclear device. 

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1 (7) United Nations Security Council Resolution 

2 1874, adopted on June 12, 2009— 

3 (A) decided that North Korea shall aban4 don all nuclear weapons and existing nuclear 

5 programs in a complete, verifiable, and irrevers6 ible manner; 

7 (B) authorized and required United Na8 tions Member States to seize and dispose of 

9 proscribed illicit North Korea items related to 

10 its missile, nuclear, and WMD programs identi11 fied in inspections called for by the resolution; 

12 (C) banned the export to North Korea of 

13 all arms and related material other than small 

14 arms and light weapons; and 

15 (D) decided that Member States shall— 

16 (i) prevent the provision of financial 

17 services or the transfer to, through, or 

18 from their territory of any financial or 

19 other assets or resources that could con20 tribute to North Korea’s nuclear-related, 

21 ballistic missile-related, or other WMD-re22 lated programs or activities; and 

23 (ii) deny fuel or supplies to service the 

24 vessels carrying them except where nec25 essary on humanitarian grounds. 

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

2 of past United Nations Security Council resolutions, 

3 the international community, and its Six-Party part4 ners, the Government of North Korea launched a 

5 three-stage, long-range missile, which overflew Japa6 nese territory near Okinawa and dropped debris into 

7 the Yellow Sea, the East China Sea, and waters ad8 jacent to the Philippines. 

9 (9) The United Nations Security Council adopt10 ed Security Council Resolution 2087 on January 22, 

11 2013, which condemned North Korea’s December 

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

13 Council Resolutions 1718 and 1874, demanded that 

14 North Korea ‘‘abandon all nuclear weapons and ex15 isting nuclear programs in a complete, verifiable, 

16 and irreversible manner,’’ and expressed the deter17 mination of the Security Council ‘‘to take significant 

18 action in the event of a further DPRK launch or nu19 clear test’’. 

20 (10) the transition to the leadership of Kim 

21 Jong-Un after the death of Kim Jong-Il has intro22 duced new uncertainties, yet the fundamental human 

23 rights and humanitarian conditions inside North 

24 Korea remain deplorable, thousands of North Kore25 ans remain imprisoned in modern-day gulags, North 

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1 Korean refugees remain acutely vulnerable, and the 

2 findings in the North Korean Human Rights Act of 

3 2004 (Public Law 108–333; 22 U.S.C. 7801 et 

4 seq.), the North Korean Human Rights Reauthoriza5 tion Act of 2008 (Public Law 110–346), and the 

6 Ambassador James R. Lilley and Congressman Ste7 phen J. Solarz North Korea Human Rights Reau8 thorization Act of 2012 (Public Law 112–172) re9 main substantially accurate today. 

10 (11) There has been extensive military coopera11 tion between the Governments of North Korea and 

12 Iran that dates back to the 1980s. 

13 (12) The latest provocative and defiant action 

14 by the Government of North Korea represents a di15 rect threat to the United States and to our regional 

16 allies and partners. 

17 SEC. 3. SENSE OF CONGRESS. 

18 It is the sense of Congress that— 

19 (1) the test of a nuclear device by the Govern20 ment of North Korea on February 12, 2013, and the 

21 missile launch of December 12, 2012, represent fla22 grant violations of the sanctions regime created by 

23 United Nations Security Council Resolutions 1695 

24 (2006), 1718 (2006), and 1874 (2009), the test of 

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

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1 deliberate, and provocative violation of United Na2 tions Security Resolution 2087 (2013), and the Gov3 ernment of North Korea continues to defy the 

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

5 international community; 

6 (2) all Member States of the United Nations 

7 should immediately implement and enforce sanctions 

8 imposed by these resolutions and censure North 

9 Korea; 

10 (3) the Government of North Korea should 

11 abandon and dismantle its provocative ballistic mis12 sile and nuclear weapons programs, cease its pro13 liferation activities, and come into immediate compli14 ance with all United Nations Security Council reso15 lutions and its commitments under the 2005 Joint 

16 Statement of the Six-Party Talks; 

17 (4) restrictions against the Government of 

18 North Korea, including sanctions that ban the im19 portation into the United States of unlicensed North 

20 Korean products and goods, should remain in effect 

21 until the Government of North Korea no longer en22 gages in activities that threaten the United States, 

23 our allies and partners, and global peace and sta24 bility; 

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1 (5) the United States Government should seek 

2 a new round of United Nations Security Council 

3 sanctions, including the public identification of all 

4 North Korean and foreign banks, business, and gov5 ernment agencies suspected of conduct that violates 

6 United Nations Security Council resolutions, and im7 plementing necessary measures to ensure enforce8 ment of such sanctions; 

9 (6) all United Nations Member States should— 

10 (A) further strengthen efforts to prevent 

11 the transfer of military and dual-use tech12 nologies to North Korea, including an expan13 sion of the list of sanctioned materials identi14 fied by the United Nations Panel of Experts on 

15 North Korea sanctions and the items on the 

16 Nuclear Suppliers Group lists; 

17 (B) exercise enhanced vigilance including 

18 monitoring the activities of their nationals, per19 sons in their territories, financial institutions, 

20 and other entities with or on behalf of financial 

21 institutions in North Korea, or of those that act 

22 on behalf or at the direction of financial institu23 tions in North Korea, including their branches, 

24 representatives, agents, and subsidiaries 

25 abroad; and 

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1 (C) prevent transshipments that relate to 

2 North Korean military, missile, and nuclear 

3 programs and proliferation activities; 

4 (7) the United States Government should ex5 plore all appropriate measures for enhanced military 

6 operations by the United States Armed Forces ap7 propriate measures by the United States Armed 

8 Forces in the Asia-Pacific region, including in part9 nership with the armed forces of others countries in 

10 the region, to safeguard the national interests, secu11 rity, and livelihood of the United States and its peo12 ple, as well as those of United States allies and part13 ners 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 declaration 

16 of war or an authorization for the use of force against North 

17 Korea. 

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Calendar No. 16 

113TH CONGRESS 

1ST SESSION S. 298 

A BILL 

To prevent nuclear proliferation in North Korea, 

and for other purposes. 

FEBRUARY 14, 2013 

Reported with amendments 

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