I 

111TH CONGRESS 

1ST SESSION H. R. 3423 

To impose certain sanctions on North Korea as a result of the detonation 

by that country of a nuclear explosive device on May 25, 2009, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2009 

Mr. MCMAHON (for himself and Mr. INGLIS) introduced the following bill; 

which was referred to the Committee on Foreign Affairs, and in addition 

to the Committee on Financial Services, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To impose certain sanctions on North Korea as a result 

of the detonation by that country of a nuclear explosive 

device on May 25, 2009, 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 Act of 2009’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) On May 25, 2009, North Korea announced 

2 that it had detonated a nuclear explosive device. 

3 This detonation has been certified by numerous 

4 credible sources. 

5 (2) On May 25, 2009, the United States Geo6 logical Survey detected a 4.7-magnitude quake at 

7 0054 GMT, 10 kilometers (six miles) underground, 

8 and put the center of the tremor about 43 miles 

9 northwest of Kimchaek, North Korea (233 miles 

10 northeast of Pyongyang and within a few miles from 

11 North Korea’s 2006 nuclear test site). Geological 

12 agencies in both South Korea and the United States 

13 reported that this tremor indicated a nuclear explo14 sion had taken place. 

15 (3) The detonation is estimated to have been 

16 between 10 and 20 kilotons and is much larger than 

17 North Korea’s October 2006 test. 

18 (4) The United Nations Security Council unani19 mously condemned the detonation and issued a 

20 statement that ‘‘The members of the Security Coun21 cil voiced their strong opposition to and condemna22 tion of the nuclear test conducted by the Democratic 

23 People’s Republic of Korea on 25 May 2009, which 

24 constitutes a clear violation of Resolution 1718.’’. 

25 Following this statement, the Security Council 


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1 adopted Resolution 1874, imposing further economic 

2 sanctions on North Korea and authorizing United 

3 Nations Member States to inspect North Korean 

4 cargo and destroy any cargo that may be involved in 

5 that country’s nuclear weapons program. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the underground detonation of a nuclear ex9 plosive device by North Korea on May 25, 2009, is 

10 a sign of North Korea’s increasing hostility toward 

11 both the United States and the international com12 munity and cannot be tolerated; 

13 (2) the United States must take a firm stand 

14 against North Korea’s refusal to comply with inter15 national standards unanimously set by the United 

16 Nations Security Council; and 

17 (3) North Korea’s actions warrant the use of 

18 both unilateral and multilateral sanctions by both 

19 the United States and the international community. 

20 SEC. 3. IMPOSITION OF CERTAIN SANCTIONS AGAINST 

21 NORTH KOREA. 

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, including paragraph (1) of subsection (b) of 

24 section 102 of the Arms Export Control Act (22 U.S.C. 

25 2799aa–1) (relating to a Presidential determination), the 


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1 sanctions described in paragraph (2) of such subsection 

2 shall apply, beginning on the date of the enactment of this 

3 Act, with respect to North Korea as a result of the detona4 tion by that country of a nuclear explosive device on May 

5 25, 2009. 

6 (b) WAIVER.—The President may waive the imposi7 tion of sanctions against North Korea under subsection 

8 (a) of this section if the President certifies in writing to 

9 the Committee on Foreign Affairs of the House of Rep10 resentatives and the Committee on Foreign Relations of 

11 the Senate that such imposition would— 

12 (1) be detrimental to the national security of 

13 the United States; 

14 (2) be seriously prejudicial to the achievement 

15 of United States nonproliferation objectives or other16 wise jeopardize the common defense and security; or 

17 (3) have a serious adverse effect on vital United 

18 States interests. 

19 (c) NUCLEAR EXPLOSIVE DEVICE DEFINED.—In 

20 this Act, the term ‘‘nuclear explosive device’’ has the 

21 meaning given such term in section 830(4) of the Nuclear 

22 Proliferation Prevention Act of 1994 (22 U.S.C. 6305(4)). 

Æ 


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