To express the sense of the Senate that the United States should fully enforce existing sanctions, and should explore additional sanctions, with respect to North Korea and to require a review to determine whether North Korea should be re-listed as a state sponsor of terrorism.

SA 1761. Mr. KERRY (for himself, Mr. Lugar, Mr. Levin, and Mr. Webb)
proposed an amendment to the bill S. 1390, to authorize appropriations
for fiscal year 2010 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; as follows:

At the end of subtitle C of title XII, add the following:

SEC. 1232. SENSE OF THE SENATE ON ENFORCEMENT AND IMPOSITION
OF SANCTIONS WITH RESPECT TO NORTH KOREA;
REVIEW TO DETERMINE WHETHER NORTH KOREA SHOULD
BE RE-LISTED AS A STATE SPONSOR OF TERRORISM.

(a) Findings.--The Senate makes the following findings:
(1) On April 5, 2009, the Government of North Korea tested
an intermediate range ballistic missile in violation of
United Nations Security Council Resolutions 1695 (2006) and
1718 (2006).
(2) On April 5, 2009, President Barack Obama issued a
statement on North Korea, stating that ``Preventing the
proliferation of weapons of mass destruction and their means
of delivery is a high priority for my administration'', and
adding, ``North Korea has ignored its international
obligations, rejected unequivocal calls for restraint, and
further isolated itself from the community of nations''.
(3) On April 15, 2009, the Government of North Korea
announced it was expelling international inspectors from its
Yongbyon nuclear facility and ending its participation in the
Six Party Talks for the Denuclearization of the Korean
Peninsula.
(4) On May 25, 2009, the Government of North Korea
conducted a second nuclear test, in disregard of United
Nations Security Council Resolution 1718, which was issued in
2006 following the first such test and which demanded that
North Korea not conduct any further nuclear tests or launches
of a ballistic missile.
(5) The State Department's 2008 Human Rights Report on
North Korea, issued on February 25, 2009, found that human
rights conditions inside North Korea remained poor, prison
conditions are harsh and life-threatening, and citizens were
denied basic freedoms such as freedom of speech, press,
assembly, religion, and association.
(6) Pursuant to section 102(b)(2)(E) of the Arms Export
Control Act (22 U.S.C. 2799aa-1(b)(2)(E)), President George
W. Bush, on February 7, 2007, notified Congress that the
United States Government would oppose the extension of any
loan or financial or technical assistance to North Korea by
any international financial institution and the prohibition
on support for the extension of such loans or assistance
remains in effect.
(7) On June 12, 2009, the United Nations Security Council
passed Resolution 1874, condemning North Korea's nuclear
test, imposing a sweeping embargo on all arms trade with
North Korea, and requiring member states not to provide
financial support or other financial services that could
contribute to North Korea's nuclear-related or missile-
related activities or other activities related to weapons of
mass destruction.
(8) On July 15, 2009, the Sanctions Committee of the United
Nations Security Council, pursuant to United Nations Security
Council Resolution 1874, imposed a travel ban on five North
Korean individuals and asset freezes on five more North
Korean entities for their involvement in nuclear weapons and
ballistic missile development programs, marking the first
time the United Nations has imposed a travel ban on North
Koreans.
(9) On June 10, 2008, the Government of North Korea issued
a statement, subsequently conveyed directly to the United
States Government, affirming that North Korea, ``will firmly
maintain its consistent stand of opposing all forms of
terrorism and any support to it and will fulfill its
responsibility and duty in the struggle against terrorism.''.
(10) The June 10, 2008, statement by the Government of
North Korea also pledged that North Korea would take ``active
part in the international efforts to prevent substance,
equipment and technology to be used for the production of
nukes and biochemical and radioactive weapons from finding
their ways to the terrorists and the organizations that
support them''.
(11) On June 26, 2008, President George W. Bush certified
that--
(A) the Government of North Korea had not provided any
support for international terrorism during the preceding 6-
month period; and
(B) the Government of North Korea had provided assurances
that it will not support acts of international terrorism in
the future.
(12) The President's June 26 certification concluded, based
on all available information, that there was ``no credible
evidence at this time of ongoing support by the DPRK for
international terrorism'' and that ``there is no credible or
sustained reporting at this time that supports allegations
(including as cited in recent reports by the Congressional
Research Service) that the DPRK has provided direct or
witting support for Hezbollah, Tamil Tigers, or the Iranian
Revolutionary Guard''.
(13) The State Department's Country Reports on Terrorism
2008, in a section on North Korea, state, ``The Democratic
People's Republic of Korea (DPRK) was not known to have
sponsored any terrorist acts since the bombing of a Korean
Airlines flight in 1987.''.
(14) The Country Reports on Terrorism 2008 also state, ``A
state that directs WMD resources to terrorists, or one from
which enabling resources are clandestinely diverted, poses a
grave WMD terrorism threat. Although terrorist organizations
will continue to seek a WMD capability independent of state
programs, the sophisticated WMD knowledge and resources of a
state could enable a terrorist capability. State sponsors of
terrorism and all nations that fail to live up to their
international counterterrorism and nonproliferation
obligations deserve greater scrutiny as potential
facilitators of WMD terrorism.''.
(15) On October 11, 2008, the Secretary of State, pursuant
to the President's certification, removed North Korea from
its list of state sponsors of terrorism, on which North Korea
had been placed in 1988.
(b) Report on Conduct of North Korea.--Not later than 30
days after the date of the enactment of this Act, the
President shall submit to Congress a detailed report
examining the conduct of the Government of North Korea since
June 26, 2008, based on all available information, to
determine whether North Korea meets the statutory criteria
for listing as a state sponsor of terrorism. The report
shall--
(1) present any credible evidence of support by the
Government of North Korea for acts of terrorism, terrorists,
or terrorist organizations;
(2) examine what steps the Government of North Korea has
taken to fulfill its June 10, 2008, pledge to prevent weapons
of mass destruction from falling into the hands of
terrorists; and
(3) assess the effectiveness of re-listing North Korea as a
state sponsor of terrorism as a tool to accomplish the
objectives of the United States with respect to North Korea,
including completely eliminating North Korea's nuclear
weapons programs, preventing North Korean proliferation of
weapons of mass destruction, and encouraging North Korea to
abide by international norms with respect to human rights.
(c) Sense of the Senate.--It is the sense of the Senate
that--
(1) the United States should--
(A) vigorously enforce United Nations Security Council
Resolutions 1718 (2006) and 1874 (2009) and other sanctions
in place with respect to North Korea under United States law;
(B) urge all member states of the United Nations to fully
implement the sanctions imposed by United Nations Security
Council Resolutions 1718 and 1874; and
(C) explore the imposition of additional unilateral and
multilateral sanctions against North Korea in furtherance of
United States national security;
(2) the conduct of North Korea constitutes a threat to the
northeast Asian region and to international peace and
security;
(3) if the United States determines that the Government of
North Korea has provided assistance to terrorists or engaged
in state sponsored acts of terrorism, the Secretary of State
should immediately list North Korea as a state sponsor of
terrorism; and
(4) if the United States determines that the Government of
North Korea has failed to fulfill its June 10, 2008, pledges,
the Secretary of State should immediately list North Korea as
a state sponsor of terrorism.
(d) State Sponsor of Terrorism Defined.--For purposes of
this section, the term ``state sponsor of terrorism'' means a
country that has repeatedly provided support for acts of
international terrorism for purposes of--

[[Page S7932]]

(1) section 6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)) (as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.));
(2) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(3) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371).
______