[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 399 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
S. RES. 399

Expressing the sense of the Senate that certain benchmarks must be met 
 before certain restrictions against the Government of North Korea are 
 lifted, and that the United States Government should not provide any 
financial assistance to North Korea until the Secretary of State makes 
  certain certifications regarding the submission of applications for 
                            refugee status.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2007

 Mr. Brownback (for himself, Mr. Kyl, Mr. Lieberman, and Mr. Grassley) 
submitted the following resolution; which was referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
Expressing the sense of the Senate that certain benchmarks must be met 
 before certain restrictions against the Government of North Korea are 
 lifted, and that the United States Government should not provide any 
financial assistance to North Korea until the Secretary of State makes 
  certain certifications regarding the submission of applications for 
                            refugee status.

Whereas international press reports noted that Iranian officials traveled to 
        North Korea to observe the long and short-range missile tests conducted 
        by the North Korean regime on July 4, 2006, and this was confirmed by 
        Ambassador Christopher Hill, Assistant Secretary of State for East Asia 
        and the Pacific, during testimony before the Committee on Foreign 
        Relations of the Senate on July 20, 2006;
Whereas international press reports in the summer of 2006 indicated that North 
        Korea was involved in training in guerrilla warfare of Hezbollah cadres 
        who subsequently were involved in operations against Israeli forces in 
        south Lebanon;
Whereas the United Nations Security Council, under the presidency of Japan, 
        unanimously adopted Resolution 1718 on October 14, 2006, ``condemning'' 
        the nuclear weapon test conducted by North Korea on October 9, 2006, and 
        imposing sanctions on North Korea;
Whereas President George W. Bush stated in November 2006 that: ``The transfer of 
        nuclear weapons or material by North Korea to states or non-state 
        entities would be considered a grave threat to the United States, and we 
        would hold North Korea fully accountable for the consequences of such 
        action. ... It is vital that the nations of this region send a message 
        to North Korea that the proliferation of nuclear technology to hostile 
        regimes or terrorist networks will not be tolerated.'';
Whereas Secretary of State Condoleezza Rice stated in October 2006 that ``a 
        North Korean decision to try to transfer a nuclear weapon or 
        technologies either to another state or to a non-state actor'' would be 
        an ``extremely grave'' action for which the United States would ``hold 
        North Korea accountable''; and
Whereas Congress authoritatively expressed its view, in section 202(b)(2) of the 
        North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 
        7832(b)(2)), that ``United States nonhumanitarian assistance to North 
        Korea shall be contingent on North Korea's substantial progress'' on 
        human rights improvements, release of and accounting for abductees, 
        family reunification, reform of North Korea's labor camp system, and the 
        decriminalization of political expression, none of which has occurred: 
        Now, therefore, be it
    Resolved, That the Senate--
            (1) recognizes that restrictions against the Government of 
        North Korea were imposed by reason of a determination of the 
        Secretary of State that the Government of North Korea, for 
        purposes of section 6(j) of the Export Administration Act of 
        1979 (as continued in effect pursuant to the International 
        Emergency Economic Powers Act; 50 U.S.C. App. 2405(j)), section 
        40 of the Arms Export Control Act (22 U.S.C. 2780), section 
        620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), 
        and other provisions of law, was a government that has 
        repeatedly provided support for acts of international 
        terrorism;
            (2) believes that this designation should remain in effect 
        and should not be lifted unless it can be demonstrated that the 
        Government of North Korea--
                    (A) is no longer engaged in the illegal transfer of 
                missile or nuclear, biological, or chemical weapons 
                technology, particularly to the Governments of Iran, 
                Syria, or any other country, the government of which 
                the Secretary of State has determined, for purposes of 
                any of the provisions of law specified in paragraph 
                (1), is a government that has repeatedly provided 
                support for acts of international terrorism;
                    (B) is no longer engaged in training, harboring, 
                supplying, financing, or supporting in any way--
                            (i) Hamas, Hezbollah, or the Japanese Red 
                        Army, or any member of such organizations;
                            (ii) any organization designated by the 
                        Secretary of State as a foreign terrorist 
                        organization in accordance with section 219(a) 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1189(a)); and
                            (iii) any person included on the Annex to 
                        Executive Order 13224 (September 23, 2001) and 
                        any other person identified under section 1 of 
                        that Executive Order whose property and 
                        interests in property are blocked by that 
                        section (commonly known as a ``specially 
                        designated global terrorist'');
                    (C) is no longer engaged in the counterfeiting of 
                United States currency ``supernotes'';
                    (D) has made inoperable Bureau No. 39 under the 
                North Korean Workers Party headed by Kim Jong Il, which 
                is charged with laundering illicit funds obtained by 
                narcotics trafficking and other criminal activities;
                    (E) has released United States permanent resident 
                Kim Dong-Shik who, according to the findings of a South 
                Korean court, was abducted by North Korean agents on 
                the Chinese border in January 2000;
                    (F) has released or fully accounted to the 
                satisfaction of the Government of the United States and 
                the Government of the Republic of Korea for the 
                whereabouts of the 15 Japanese nationals recognized as 
                abduction victims by the National Police Agency (NPA) 
                of Japan;
                    (G) has released or fully accounted to the 
                satisfaction of the Government of the United States and 
                the Government of the Republic of Korea for the 
                whereabouts of an estimated 600 surviving South Korean 
                prisoners of war, comrades-in-arms of United States and 
                Allied forces, who have been held in North Korea 
                against their will and in violation of the Armistice 
                Agreement since hostilities ended in July 1953; and
                    (H) has ceased and desisted from engaging in 
                further terrorist activities subsequent to the 1987 
                bombing of Korean Air Flight 858 over Burma, the 1996 
                murder in Vladivostok, Russia, of South Korean diplomat 
                Choi Duck-keun, following Pyongyang's threats of 
                retaliation for the deaths of North Korean commandoes 
                whose submarine ran aground in South Korea, and the 
                1997 assassination on the streets of Seoul of North 
                Korean defector Lee Han Young; and
            (3) believes that the United States Government should not 
        provide any financial assistance to North Korea (except for 
        adequately monitored humanitarian assistance in the form of 
        food and medicine) unless the Secretary of State certifies 
        that--
                    (A) appropriate guidance has been provided to all 
                foreign embassies and consular offices regarding their 
                responsibility under section 303 of the North Korean 
                Human Rights Act of 2004 (22 U.S.C. 7843) to facilitate 
                the submission of applications by citizens of North 
                Korea seeking protection as refugees under section 207 
                of the Immigration and Nationality Act (8 U.S.C. 1157);
                    (B) such guidance has been published in the Federal 
                Register; and
                    (C) the facilities described in subparagraph (A) 
                are carrying out the responsibility described in 
                subparagraph (A) in good faith.
                                 <all>