I 

111TH CONGRESS 

1ST SESSION H. R. 1980 

To continue restrictions against and prohibit diplomatic recognition of the 

Government of North Korea, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2009 

Ms. ROS-LEHTINEN (for herself, Mr. BURTON of Indiana, Mr. MANZULLO, 

Mr. ROYCE, Mr. BILIRAKIS, Mr. MCCOTTER, Mr. FORBES, Mr. WOLF, 

Mr. KING of New York, Mr. HOEKSTRA, Mr. ROHRABACHER, and Mr. 

POE of Texas) introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

A BILL 

To continue restrictions against and prohibit diplomatic recognition of the Government of North Korea, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘North Korea Sanctions 

5 and Diplomatic Nonrecognition Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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1 (1) North Korean negotiators in the Six-Party 

2 diplomatic process did not act in good faith by their 

3 refusal to agree to a transparent verification process 

4 for denuclearization consistent with ‘‘international 

5 standards’’, including provisions for nuclear sam6 pling, following North Korea’s removal on October 

7 11, 2008, from the list of state sponsors of terrorism 

8 maintained by the Department of State. 

9 (2) International press reports indicate that 

10 North Korea has continued to provide support to 

11 Iran in the areas of missile technology and nuclear 

12 development and has provided Iran’s surrogates, 

13 Hezbollah and Hamas, with both missile technology 

14 and training in tunneling techniques with which to 

15 attack Israel, an ally of the United States. 

16 (3) International press reports indicate that 

17 North Korea was engaged for a number of years in 

18 assistance to Syria in the construction of a nuclear 

19 reactor in the Syrian desert which was destroyed in 

20 a strike by Israeli forces on September 6, 2007. 

21 (4) North Korean negotiators continue to refuse 

22 to address in a humane and sincere manner the 

23 issue of the abduction of civilians of Japan and the 

24 Republic of Korea, both allies of the United States, 

25 as well as the abductions of citizens from a number 

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1 of other countries, including France, Lebanon, Ro2 mania, and Thailand. 

3 (5) Defectors coming out of North Korea have 

4 provided testimony that United States permanent 

5 resident, Reverend Kim Dong-shik, the spouse and 

6 father of United States citizens, was tortured and 

7 murdered inside North Korea after his abduction by 

8 Pyongyang’s agents on the Chinese border in Janu9 ary 2000 and that his remains are currently being 

10 held at a military facility inside North Korea. 

11 (6) Congress authoritatively expressed its view, 

12 in section 202(b)(2) of the North Korean Human 

13 Rights Act of 2004 (Public Law 108–333; 22 U.S.C. 

14 7832(b)(2)) that ‘‘United States nonhumanitarian 

15 assistance to North Korea shall be contingent on 

16 North Korea’s substantial progress’’ on human 

17 rights improvements, release of and accounting for 

18 abductees, family reunification, reform of North Ko19 rea’s labor camp system, and the decriminalization 

20 of political expression, none of which has occurred. 

21 (7) Congress further authoritatively expressed 

22 its view, in section 2 of the North Korean Human 

23 Rights Reauthorization Act of 2008 (Public Law 

24 110–346) that ‘‘human rights and humanitarian 

25 conditions inside North Korea are deplorable’’ and 

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1 that ‘‘North Korean refugees remain acutely vulner2 able’’. 

3 (8) Congress has determined that any missile 

4 test or launch conducted by North Korea would be 

5 in direct violation of United Nations Security Coun6 cil resolution 1695, adopted on July 16, 2006, which 

7 ‘‘condemns the multiple launches by the DPRK 

8 (North Korea) of ballistic missiles on July 5 2006 

9 local time’’, and United Nations Security Council 

10 resolution 1718, adopted on October 9, 2006, which 

11 ‘‘demands that the DPRK (North Korea) not con12 duct any further nuclear test or launch of a ballistic 

13 missile’’ and ‘‘decides that the DPRK shall suspend 

14 all activities related to its ballistic missile pro15 gramme and in this context re-establish its pre-exist16 ing commitments to a moratorium on missile launch17 ing’’, and further determines that the resulting sanc18 tions imposed under such resolution 1718 would 

19 again come into full effect following a missile test or 

20 launch. 

21 (9) Congress has further determined that a re22 turn by North Korea to the Six-Party diplomatic 

23 process following any missile test or launch by 

24 Pyongyang must include a firm and transparent 

25 commitment to the complete, verifiable and irreversmstockstill on PROD1PC66 with BILLS

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1 ible dismantlement of all of North Korea’s nuclear 

2 programs, including those derived both from pluto3 nium as well as highly enriched uranium. 

4 (10) Japanese press reports have indicated that 

5 a delegation of approximately fifteen Iranian missile 

6 experts have arrived in North Korea in March 2009 

7 ‘‘to help Pyongyang prepare for a rocket launch’’, 

8 including senior officials with the Iranian rocket and 

9 satellite producer Shahid Hemmat Industrial Group, 

10 and that they brought with them a letter from their 

11 President Mahmoud Ahmadinejad to North Korean 

12 leader Kim Jong-Il stressing the importance of co13 operating on space technology. 

14 SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE 

15 GOVERNMENT OF NORTH KOREA. 

16 Notwithstanding the decision by the Secretary of 

17 State on October 11, 2008, to rescind the designation of 

18 North Korea as a state sponsor of terrorism, restrictions 

19 against the Government of North Korea that were im20 posed by reason of a determination of the Secretary of 

21 State that the Government of North Korea, for purposes 

22 of section 6(j) of the Export Administration Act of 1979 

23 (as continued in effect pursuant to the International 

24 Emergency Economic Powers Act), section 40 of the Arms 

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1 ance Act of 1961, or other provision of law, is a govern2 ment that has repeatedly provided support for acts of 

3 international terrorism, shall remain in effect, and shall 

4 not be lifted pursuant to such provisions of law, unless 

5 the President certifies to Congress that the Government 

6 of North Korea— 

7 (1) is no longer engaged in the illegal transfer 

8 of missile or nuclear technology, particularly to the 

9 governments of Iran, Syria, or any other country, 

10 the government of which the Secretary of State has 

11 determined for purposes of section 6(j) of the Ex12 port Administration Act of 1979 (as continued in ef13 fect pursuant to the International Emergency Eco14 nomic Powers Act), section 40 of the Arms Export 

15 Control Act, section 620A of the Foreign Assistance 

16 Act of 1961, or other provision of law, is a govern17 ment that has repeatedly provided support for inter18 national acts of terrorism; 

19 (2) is no longer engaged in training in combat 

20 operations or tunneling, or harboring, supplying, fi21 nancing, or supporting in any way— 

22 (A) Hamas, Hezbollah, the Japanese Red 

23 Army, or any member of such organizations; 

24 (B) any organization designated by the 

25 Secretary of State as a foreign terrorist organimstockstill on PROD1PC66 with BILLS

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1 zation in accordance with section 219(a) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1189(a)); and 

4 (C) any person included on the annex to 

5 Executive Order 13224 (September 21, 2001) 

6 and any other person identified under section 1 

7 of that Executive Order whose property and in8 terests are blocked by that section (commonly 

9 known as a ‘‘specially designated global ter10 rorist’’); 

11 (3) is no longer engaged in the counterfeiting of 

12 United States currency ‘‘supernotes’’; 

13 (4) is no longer engaged in the international 

14 trafficking of illicit narcotics into the United States, 

15 Japan, Australia, or other allied countries of the 

16 United States; 

17 (5) has released United States citizens Euna 

18 Lee and Laura Ling, who were working as journal19 ists reporting on refugees on the North Korean bor20 der of China when they were detained by North Ko21 rean guards on March 17, 2009, and has returned 

22 the last remains of United States permanent resi23 dent, Reverend Kim Dong-shik, to his United States 

24 citizen widow, family, and church members, so that 

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1 he may be provided with a proper Christian burial 

2 in Chicago; 

3 (6) has released the Japanese nationals recog4 nized as abduction victims by the Government of 

5 Japan as well as abduction victims recognized by the 

6 Government of the Republic of Korea; 

7 (7) has released an estimated 600 surviving 

8 South Korean POWs, and any other surviving 

9 POWs from the Korean War, who have been held in 

10 North Korea against their will and in violation of 

11 the Armistice Agreement since hostilities ended in 

12 July, 1953; 

13 (8) has made concrete provisions for unre14 stricted family reunification meetings for those indi15 viduals among the two-million strong Korean-Amer16 ican community who maintain family ties with rel17 atives inside North Korea; 

18 (9) has opened the North Korean penal system, 

19 including the gulag of concentration camps holding 

20 an estimated 200,000 political and religious pris21 oners, to unrestricted and regular visits by rep22 resentatives of the International Committee of the 

23 Red Cross (ICRC); 

24 (10) has made provision for unrestricted and 

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1 tional High Commissioner for Refugees to refugees 

2 forcibly repatriated to North Korea to determine 

3 their general health and welfare; and 

4 (11) has made concrete provisions for unre5 stricted contact, including direct communications 

6 and meetings, between representatives of inter7 national and South Korean religious organizations, 

8 including Christians and Buddhists, and their co-be9 lievers inside North Korea. 

10 SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION 

11 OF NORTH KOREA. 

12 (a) FINDING.—Congress finds that the United States 

13 did not grant diplomatic recognition to North Korea upon 

14 its establishment as a client regime of the former Soviet 

15 Union in 1948. The United States has consistently contin16 ued to withhold such formal diplomatic recognition during 

17 the 59 years since the sudden and unprovoked attack by 

18 North Korean forces on the Republic of Korea on June 

19 25, 1950, an attack which led directly to the Korean War 

20 and the deaths of over 36,000 United States military per21 sonnel as well as at least 2,000,000 Koreans and over 

22 3,000 soldiers from Allied countries. 

23 (b) CONTINUATION OF DIPLOMATIC NONRECOGNI24 TION.—The diplomatic nonrecognition described in sub25 section (a), including restrictions on the establishment of 

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1 a permanent presence or United States liaison office inside 

2 North Korea, shall remain in effect, until such time as 

3 the President certifies to Congress that the Government 

4 of North Korea has met all of the benchmarks specified 

5 in section 3. 

6 SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN 

7 MISSILE LAUNCH. 

8 In the case of the launch of a missile, rocket, or other 

9 airborne object by North Korea in clear violation of United 

10 Nations Security Council resolutions 1695 and 1718, the 

11 President shall instruct the United States Permanent 

12 Representative to the United Nations to use the voice, 

13 vote, and influence of the United States to secure adoption 

14 of a United Nations Security Counsel resolution con15 demning North Korea’s action as a violation of United Na16 tions Security Council resolutions 1695 and 1718 and re17 quiring the implementation of comprehensive sanctions 

18 against North Korea. 

Æ 

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