[Congressional Record (Bound Edition), Volume 153 (2007), Part 25]
[Senate]
[Page 33561]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE RESOLUTION 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

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

                              S. Res. 399

       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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