III 

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 


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•SRES 399 IS 

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)), 


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•SRES 399 IS 

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 

1 Resolved, That the Senate— 

2 (1) recognizes that restrictions against the Gov3 ernment of North Korea were imposed by reason of 

4 a determination of the Secretary of State that the 

5 Government of North Korea, for purposes of section 

6 6(j) of the Export Administration Act of 1979 (as 

7 continued in effect pursuant to the International 

8 Emergency Economic Powers Act; 50 U.S.C. App. 

9 2405(j)), section 40 of the Arms Export Control Act 

10 (22 U.S.C. 2780), section 620A of the Foreign As11 sistance Act of 1961 (22 U.S.C. 2371), and other 

12 provisions of law, was a government that has repeat13 edly provided support for acts of international ter14 rorism; 

15 (2) believes that this designation should remain 

16 in effect and should not be lifted unless it can be 

17 demonstrated that the Government of North 

18 Korea— 

19 (A) is no longer engaged in the illegal 

20 transfer of missile or nuclear, biological, or 


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•SRES 399 IS 

1 chemical weapons technology, particularly to 

2 the Governments of Iran, Syria, or any other 

3 country, the government of which the Secretary 

4 of State has determined, for purposes of any of 

5 the provisions of law specified in paragraph (1), 

6 is a government that has repeatedly provided 

7 support for acts of international terrorism; 

8 (B) is no longer engaged in training, har9 boring, supplying, financing, or supporting in 

10 any way— 

11 (i) Hamas, Hezbollah, or the Japa12 nese Red Army, or any member of such or13 ganizations; 

14 (ii) any organization designated by 

15 the Secretary of State as a foreign ter16 rorist organization in accordance with sec17 tion 219(a) of the Immigration and Na18 tionality Act (8 U.S.C. 1189(a)); and 

19 (iii) any person included on the Annex 

20 to Executive Order 13224 (September 23, 

21 2001) and any other person identified 

22 under section 1 of that Executive Order 

23 whose property and interests in property 

24 are blocked by that section (commonly 


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•SRES 399 IS 

1 known as a ‘‘specially designated global 

2 terrorist’’); 

3 (C) is no longer engaged in the counter4 feiting of United States currency ‘‘supernotes’’; 

5 (D) has made inoperable Bureau No. 39 

6 under the North Korean Workers Party headed 

7 by Kim Jong Il, which is charged with laun8 dering illicit funds obtained by narcotics traf9 ficking and other criminal activities; 

10 (E) has released United States permanent 

11 resident Kim Dong-Shik who, according to the 

12 findings of a South Korean court, was abducted 

13 by North Korean agents on the Chinese border 

14 in January 2000; 

15 (F) has released or fully accounted to the 

16 satisfaction of the Government of the United 

17 States and the Government of the Republic of 

18 Korea for the whereabouts of the 15 Japanese 

19 nationals recognized as abduction victims by the 

20 National Police Agency (NPA) of Japan; 

21 (G) has released or fully accounted to the 

22 satisfaction of the Government of the United 

23 States and the Government of the Republic of 

24 Korea for the whereabouts of an estimated 600 

25 surviving South Korean prisoners of war, comVerDate Aug 31 2005 22:36 Dec 10, 2007 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SR399.IS SR399

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1 rades-in-arms of United States and Allied 

2 forces, who have been held in North Korea 

3 against their will and in violation of the Armi4 stice Agreement since hostilities ended in July 

5 1953; and 

6 (H) has ceased and desisted from engaging 

7 in further terrorist activities subsequent to the 

8 1987 bombing of Korean Air Flight 858 over 

9 Burma, the 1996 murder in Vladivostok, Rus10 sia, of South Korean diplomat Choi Duck-keun, 

11 following Pyongyang’s threats of retaliation for 

12 the deaths of North Korean commandoes whose 

13 submarine ran aground in South Korea, and 

14 the 1997 assassination on the streets of Seoul 

15 of North Korean defector Lee Han Young; and 

16 (3) believes that the United States Government 

17 should not provide any financial assistance to North 

18 Korea (except for adequately monitored humani19 tarian assistance in the form of food and medicine) 

20 unless the Secretary of State certifies that— 

21 (A) appropriate guidance has been pro22 vided to all foreign embassies and consular of23 fices regarding their responsibility under section 

24 303 of the North Korean Human Rights Act of 

25 2004 (22 U.S.C. 7843) to facilitate the submisVerDate Aug 31 2005 22:36 Dec 10, 2007 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SR399.IS SR399

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1 sion of applications by citizens of North Korea 

2 seeking protection as refugees under section 

3 207 of the Immigration and Nationality Act (8 

4 U.S.C. 1157); 

5 (B) such guidance has been published in 

6 the Federal Register; and 

7 (C) the facilities described in subparagraph 

8 (A) are carrying out the responsibility described 

9 in subparagraph (A) in good faith. 

Æ 


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