National Defense Authorization Act for Fiscal Year 2010 PL 111-084

National Defense Authorization Act for Fiscal Year 2010 – PL 111-084 AND Conference Report 111-288 to accompany H.R. 2647 October 7, 2009

This bill became Public Law 111-84 on October 28, 2009.

Excerpts Related to North Korea

Subtitle C—Missile Defense Programs

SEC. 231. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE.

It is the sense of Congress that—

(1) the United States should develop, test, field, and maintain operationally-effective and cost-effective ballistic missile defense systems that are capable of defending the United States, its forward-deployed forces, allies, and other friendly nations from the threat of ballistic missile attacks from nations such as North Korea and Iran;

(2) the missile defense force structure and inventory levels of such missile defense systems should be determined based on an assessment of ballistic missile threats and a determination by senior military leaders, combatant commanders, and defense officials of the requirements and capabilities needed to address those threats; and

(3) the test and evaluation program for such missile defense systems should be operationally realistic and provide a high level of confidence in the capability of such systems (including their continuing effectiveness over the course of their service lives), and adequate resources should be available for that test and evaluation program (including interceptor missiles and targets for flight tests). (Page 44)

The Report Comments:

“Sense of Congress on Ballistic Missile Defense” (sec.231.)

The House bill contained a provision (sec. 224) that would express the sense of Congress reaffirming support for protecting the United States against limited ballistic missile attack. The Senate amendment contained a related provision (sec. 241) that would express the sense of the Congress on the development, testing, fielding, and maintenance of ballistic missile defense systems that are capable of defending the United States, its forward deployed forces, allies, and other friendly nations from the threat of ballistic missile attacks from nations such as North Korea and Iran. The House recedes with a clarifying amendment. The conferees note that the terms ‘‘operationally effective’’ and ‘‘cost effective’’ encompass the qualities of affordable, reliable, suitable, and survivable missile defense systems. (Page 699)

Subtitle C-Other Matters

SEC. 1255. REPORT AND SENSE OF CONGRESS ON NORTH KOREA.

(a) 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) if North Korea does not meet the statutory criteria for being listed as a state sponsor of terrorism, examine whether relisting North Korea as a state sponsor of terrorism would undermine the effectiveness of the state sponsor of terrorism designation in general and undermine United States efforts regarding existing state sponsors of terrorism.

(b) SENSE OF CONGRESS.—It is the sense of Congress 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; and

(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.

(c) 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—

(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). (Page 367)

The Report Comments:

“Report and Sense of Congress on North” (sec.1255.)

The Senate Amendment contained a provision (SEC.1233) that would require the President to submit to Congress a report examining the conduct of the Government of North Korea to determine whether North Korea meets the statutory criteria for listing as a state sponsor of terrorism. The provision also expresses the sense of the Senate that the United States should enforce United Nations Security Council Resolution 1718 and 1874, urge other member states of the United Nations to fully implement those sanctions, and explore imposition of additional sanctions. It also expresses the sense that North Korea should be immediately relisted as a state sponsor of terrorism if it is determined that the Government of North Korea has provided assistance to terrorists or engaged in terrorism, or if it failed to fulfill the pledges it made in its statement of June 10, 2008.

The House bill contained no similar provision. The House recedes with an amendment that would: (1) narrow the sense of the Congress; and (2) modify an element of the report to require an examination of whether relisting North Korea as a state sponsor of terrorism, if North Korea does not meet the statutory criteria for listing, would undermine the effectiveness of the state sponsor of terrorism designation in general and undermine United States efforts regarding existing state sponsors of terrorism. (Page 845)

LEGISLATIVE PROVISIONS ADOPTED SEC.3101. NATIONAL NUCELAR SECURITY ADMINISTRATION

The conferees note, regretfully, that no funds are provided for nonproliferation work in North Korea. If the North Koreans return to the Six-Party Talks and real progress is possible to disable and dismantle the North Korean nuclear weapons program, the conferees would consider a reprogramming or other request for funds to address the North Korean nuclear weapons program at such time. (Page 904)