[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.
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