II 

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. 

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

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

9 North Korea declared that it had conducted its third 

10 test of a nuclear device, following its first self-deVerDate Mar 15 2010 02:03 Feb 15, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S298.IS S298

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1 clared test on October 9, 2006, and its second test 

2 on May 25, 2009. 

3 (2) United Nations Security Council Resolution 

4 1718, adopted on October 14, 2006, condemned the 

5 nuclear test proclaimed by North Korea on October 

6 9, 2006, in flagrant disregard of its relevant resolu7 tions, in particular Security Council Resolution 1695 

8 (2006), and demanded that North Korea not con9 duct any further nuclear test or launch of a ballistic 

10 missile; immediately retract its announcement of 

11 withdrawal from the Treaty on the Non-Proliferation 

12 of Nuclear Weapons, done at Washington, London, 

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

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

15 International Atomic Energy Agency (IAEA) safe16 guards. 

17 (3) United Nations Security Council Resolution 

18 1718 further decided that North Korea shall sus19 pend all activities related to its ballistic missile pro20 gram and in this context re-establish its pre-existing 

21 commitments to a moratorium on missile launching; 

22 shall abandon all nuclear weapons and existing nu23 clear programs in a complete, verifiable, and irre24 versible manner; shall act strictly in accordance with 

25 the obligations applicable to parties under the NPT 


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1 and the terms and conditions of its IAEA Safe2 guards Agreement; shall provide the IAEA trans3 parency measures extending beyond these require4 ments, including such access to individuals, docu5 mentation, equipments and facilities as may be re6 quired and deemed necessary by the IAEA; and shall 

7 abandon all other existing weapons of mass destruc8 tion (WMD) and its ballistic missile program in a 

9 complete, verifiable, and irreversible manner. 

10 (4) United Nations Security Council Resolution 

11 1718 also required United Nations Member States 

12 to prevent— 

13 (A) transfers to, and procurement from, 

14 North Korea of— 

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

16 and technology listed in the resolution; and 

17 (ii) other items, determined by the Se18 curity Council or the 1718 Committee, 

19 which could contribute to North Korea’s 

20 nuclear-related, ballistic missile-related, or 

21 other weapons of mass destruction-related 

22 programs; 

23 (B) certain military equipment or tech24 nology transfers related to the prohibited items; 

25 and 


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1 (C) the transfer of luxury goods to North 

2 Korea. 

3 (5) United Nations Security Council Resolution 

4 1718 further required United Nations Member 

5 States to prevent the entry into and transit through 

6 their territories of individuals designated by the Se7 curity Council or the 1718 Committee as being re8 sponsible for North Korea’s ballistic missile-related, 

9 nuclear-related, or other weapons of mass destruc10 tion-related programs, and the immediate freezing of 

11 funds, other financial assets, and economic resources 

12 of persons or entities designated by the Security 

13 Council or the 1718 Committee as being engaged in 

14 or providing support for such programs, or by per15 sons or entities acting on their behalf or at their di16 rection. 

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

18 Korea declared that it had conducted a second test 

19 of a nuclear device. 

20 (7) United Nations Security Council Resolution 

21 1874, adopted on June 12, 2009— 

22 (A) decided that North Korea shall aban23 don all nuclear weapons and existing nuclear 

24 programs in a complete, verifiable, and irrevers25 ible manner; 


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1 (B) authorized and required United Na2 tions Member States to seize and dispose of 

3 proscribed illicit North Korea items related to 

4 its missile, nuclear, and WMD programs identi5 fied in inspections called for by the resolution; 

6 (C) banned the export to North Korea of 

7 all arms and related material other than small 

8 arms and light weapons; and 

9 (D) decided that Member States shall— 

10 (i) prevent the provision of financial 

11 services or the transfer to, through, or 

12 from their territory of any financial or 

13 other assets or resources that could con14 tribute to North Korea’s nuclear-related, 

15 ballistic missile-related, or other WMD-re16 lated programs or activities; and 

17 (ii) deny fuel or supplies to service the 

18 vessels carrying them except where nec19 essary on humanitarian grounds. 

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

21 of past United Nations Security Council resolutions, 

22 the international community, and its Six-Party part23 ners, the Government of North Korea launched a 

24 three-stage, long-range missile, which overflew Japa25 nese territory near Okinawa and dropped debris into 


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1 the Yellow Sea, the East China Sea, and waters ad2 jacent to the Philippines. 

3 (9) The United Nations Security Council adopt4 ed Security Council Resolution 2087 on January 22, 

5 2013, which condemned North Korea’s December 

6 12, 2012, missile launch as a breach of Security 

7 Council Resolutions 1718 and 1874, demanded that 

8 North Korea ‘‘abandon all nuclear weapons and ex9 isting nuclear programs in a complete, verifiable, 

10 and irreversible manner,’’ and expressed the deter11 mination of the Security Council ‘‘to take significant 

12 action in the event of a further DPRK launch or nu13 clear test’’. 

14 (10) The transition to the leadership of Kim 

15 Jong-Un after the death of Kim Jong-Il has intro16 duced new uncertainties, yet the fundamental human 

17 rights and humanitarian conditions inside North 

18 Korea remain deplorable, thousands of North Kore19 ans remain imprisoned in modern-day gulags, North 

20 Korean refugees remain acutely vulnerable, and the 

21 findings in the North Korean Human Rights Act of 

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

23 seq.), the North Korean Human Rights Reauthoriza24 tion Act of 2008 (Public Law 110–346), and the 

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1 phen J. Solarz North Korea Human Rights Reau2 thorization Act of 2012 (Public Law 112–172) re3 main substantially accurate today. 

4 (11) There has been extensive military coopera5 tion between the Governments of North Korea and 

6 Iran that dates back to the 1980s. 

7 (12) The latest provocative and defiant action 

8 by the Government of North Korea represents a di9 rect threat to the United States and to our regional 

10 allies and partners. 

11 SEC. 3. SENSE OF CONGRESS. 

12 It is the sense of Congress that— 

13 (1) the test of a nuclear device by the Govern14 ment of North Korea on February 12, 2013, and the 

15 missile launch of December 12, 2012, represent fla16 grant violations of the sanctions regime created by 

17 United Nations Security Council Resolutions 1695 

18 (2006), 1718 (2006), and 1874 (2009), the test of 

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

20 deliberate, and provocative violation of United Na21 tions Security Resolution 2087 (2013), and the Gov22 ernment of North Korea continues to defy the 

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

24 international community; 


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1 (2) all Member States of the United Nations 

2 should immediately implement and enforce sanctions 

3 imposed by these resolutions and censure North 

4 Korea; 

5 (3) the Government of North Korea should 

6 abandon and dismantle its provocative ballistic mis7 sile and nuclear weapons programs, cease its pro8 liferation activities, and come into immediate compli9 ance with all United Nations Security Council reso10 lutions and its commitments under the 2005 Joint 

11 Statement of the Six-Party Talks; 

12 (4) restrictions against the Government of 

13 North Korea, including sanctions that ban the im14 portation into the United States of unlicensed North 

15 Korean products and goods, should remain in effect 

16 until the Government of North Korea no longer en17 gages in activities that threaten the United States, 

18 our allies and partners, and global peace and sta19 bility; 

20 (5) the United States Government should seek 

21 a new round of United Nations Security Council 

22 sanctions, including the public identification of all 

23 North Korean and foreign banks, business, and gov24 ernment agencies suspected of conduct that violates 

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1 plementing necessary measures to ensure enforce2 ment of such sanctions; 

3 (6) all United Nations Member States should— 

4 (A) further strengthen efforts to prevent 

5 the transfer of military and dual-use tech6 nologies to North Korea, including an expan7 sion of the list of sanctioned materials identi8 fied by the United Nations Panel of Experts on 

9 North Korea sanctions and the items on the 

10 Nuclear Suppliers Group lists; 

11 (B) exercise enhanced vigilance including 

12 monitoring the activities of their nationals, per13 sons in their territories, financial institutions, 

14 and other entities with or on behalf of financial 

15 institutions in North Korea, or of those that act 

16 on behalf or at the direction of financial institu17 tions in North Korea, including their branches, 

18 representatives, agents, and subsidiaries 

19 abroad; and 

20 (C) prevent transshipments that relate to 

21 North Korean military, missile, and nuclear 

22 programs and proliferation activities; 

23 (7) the United States Government should ex24 plore all appropriate measures for enhanced military 

25 operations by the United States Armed Forces in 


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1 the Asia-Pacific region, including in partnership 

2 with the armed forces of others countries in the re3 gion, to safeguard the national interests, security, 

4 and livelihood of the United States and its people, 

5 as well as those of United States allies and partners 

6 in the region; and 

7 (8) the United States Government, acting 

8 through its appropriate diplomatic representatives, 

9 should secure the agreement of the United Nations 

10 Human Rights Council and General Assembly to 

11 adopt the recommendations made in the February 1, 

12 2013, report of Marzuki Darusman, Special 

13 Rapporteur on the situation of human rights in the 

14 Democratic People’s Republic of Korea, that an in15 quiry mechanism should be established to investigate 

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

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

18 whether crimes against humanity are being per19 petrated in North Korea. 

20 SEC. 4. REPORT. 

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

22 shall conduct, coordinate, and submit to Congress a com23 prehensive report on United States policy towards North 

24 Korea based on a full and complete interagency review of 

25 current policy and possible alternatives, including North 


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1 Korea’s weapons of mass destruction and missile pro2 grams and human rights atrocities. The report shall in3 clude recommendations for such legislative or administra4 tive action as the Secretary considers appropriate in light 

5 of the results of the review. 

Æ 


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