I 
111TH CONGRESS 
2D SESSION 
H. R. 5350 
To continue restrictions against and prohibit diplomatic recognition of the 
Government of North Korea, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2010 
Ms. ROS-LEHTINEN (for herself, Mr. BURTON of Indiana, Mrs. BACHMANN, 
Mr. PENCE, Mr. MACK, Mr. MANZULLO, Mr. ROYCE, and Mr. ROHR-
ABACHER) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs 
A BILL 
To continue restrictions against and prohibit diplomatic rec-
ognition of the Government of North Korea, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘North Korea Sanctions 
and Diplomatic Nonrecognition Act of 2010’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) North Korean negotiators in the Six-Party 
diplomatic process did not act in good faith by their 
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refusal to agree to a transparent verification process 
for denuclearization consistent with ‘‘international 
standards’’, including provisions for nuclear sam-
pling, following North Korea’s removal on October 
11, 2008, from the list of state sponsors of terrorism 
maintained by the Department of State. 
(2) International press reports indicate that 
North Korea has continued to provide support to 
Iran in the areas of missile technology and nuclear 
development and has provided Iran’s surrogates, 
Hezbollah and Hamas, with both missile technology 
and training in tunneling techniques with which to 
attack Israel, an ally of the United States. 
(3) International press reports indicate that 
North Korea was engaged for a number of years in 
assistance to Syria in the construction of a nuclear 
reactor in the Syrian desert which was destroyed in 
a strike by Israeli forces on September 6, 2007. 
(4) North Korean negotiators continue to refuse 
to address in a humane and sincere manner the 
issue of the abduction of civilians of Japan and the 
Republic of Korea, both allies of the United States, 
as well as the abductions of citizens from a number 
of other countries, including France, Lebanon, Ro-
mania, and Thailand. 
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(5) Defectors coming out of North Korea have 
provided testimony that United States permanent 
resident, Reverend Kim Dong-shik, the spouse and 
father of United States citizens, was tortured and 
murdered inside North Korea after his abduction by 
Pyongyang’s agents on the Chinese border in Janu-
ary 2000 and that his remains are currently being 
held at a military facility inside North Korea. 
(6) 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)) 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 Ko-
rea’s labor camp system, and the decriminalization 
of political expression, none of which has occurred. 
(7) Congress further authoritatively expressed 
its view, in section 2 of the North Korean Human 
Rights Reauthorization Act of 2008 (Public Law 
110–346) that ‘‘human rights and humanitarian 
conditions inside North Korea are deplorable’’ and 
that ‘‘North Korean refugees remain acutely vulner-
able’’. 
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(8) Congress has determined that any missile 
test or launch conducted by North Korea would be 
in direct violation of United Nations Security Coun-
cil resolution 1695, adopted on July 16, 2006, which 
‘‘condemns the multiple launches by the DPRK 
(North Korea) of ballistic missiles on July 5 2006 
local time’’, and United Nations Security Council 
Resolution 1718, adopted on October 9, 2006, which 
‘‘demands that the DPRK (North Korea) not con-
duct any further nuclear test or launch of a ballistic 
missile’’ and ‘‘decides that the DPRK shall suspend 
all activities related to its ballistic missile pro-
gramme and in this context re-establish its pre-exist-
ing commitments to a moratorium on missile launch-
ing’’, and further determines that the resulting sanc-
tions imposed under such resolution 1718 would 
again come into full effect following a missile test or 
launch. 
(9) Congress has further determined that a re-
turn by North Korea to the Six-Party diplomatic 
process following any missile test or launch by 
Pyongyang must include a firm and transparent 
commitment to the complete, verifiable and irrevers-
ible dismantlement of all of North Korea’s nuclear 
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programs, including those derived both from pluto-
nium as well as highly enriched uranium. 
(10) Japanese press reports have indicated that 
a delegation of approximately fifteen Iranian missile 
experts arrived in North Korea in March 2009 ‘‘to 
help Pyongyang prepare for a rocket launch’’, in-
cluding senior officials with the Iranian rocket and 
satellite producer Shahid Hemmat Industrial Group, 
and that they brought with them a letter from their 
President Mahmoud Ahmadinejad to North Korean 
leader Kim Jong-Il stressing the importance of co-
operating on space technology. 
(11) North Korea, in defiance of the inter-
national community’s efforts to end nuclear pro-
liferation and in violation of its international obliga-
tions, conducted a second underground nuclear test 
on May 25, 2009 (local time), in violation of United 
Nations Security Council Resolution 1718, which re-
sulted in the passage of United Nations Security 
Council Resolution 1874 on June 12, 2009, which 
imposed additional sanctions and inspection require-
ments with regard to North Korea. 
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SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE 
GOVERNMENT OF NORTH KOREA. 
(a) FINDING.—Congress finds that subsequent to the 
decision of the Secretary of State on October 11, 2008, 
to rescind the designation of North Korea as a state spon-
sor of terrorism, North Korea has committed acts that can 
be defined as international terrorism or as highly provoca-
tive, including— 
(1) the dispatch of a covert team of two North 
Korean military-trained agents to South Korea with 
orders to assassinate North Korean defector Hwang 
Jang-yop who were apprehended by South Korean 
officials in April 2010; 
(2) complicity in the sinking of the South Ko-
rean naval vessel Cheonan on March 26, 2010, 
which resulted in the deaths of 46 South Korean 
naval personnel; and 
(3) the shipment of weapons by North Korea, 
seized in Bangkok in December 2009, which were 
bound for delivery to foreign terrorist organizations 
Hezbollah and Hamas, according to a statement 
made by Israeli Foreign Minister Avigdor Lieberman 
in Tokyo on May 12, 2010. 
(b) CONTINUATION
OF
RESTRICTIONS.—Notwith-
standing the decision by the Secretary of State on October 
11, 2008, to rescind the designation of North Korea as 
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a state sponsor of terrorism, and in light of the congres-
sional finding described in subsection (a), restrictions 
against the Government of North Korea that were im-
posed by reason of a determination of the Secretary of 
State that the Government of North Korea is a state spon-
sor of terrorism and that are in effect as of the date of 
the enactment of this Act shall remain in effect, and shall 
not be lifted, unless the President makes the certification 
described in subsection (c). 
(c) CERTIFICATION.—The certification referred to in 
subsection (b) is a certification to Congress containing a 
determination of the President that the Government of 
North Korea— 
(1) is no longer engaged in the illegal transfer 
of missile or nuclear technology, particularly to the 
governments of Iran, Syria, or any other state spon-
sor of terrorism; 
(2) is no longer engaged in training in combat 
operations or tunneling, or harboring, supplying, fi-
nancing, or supporting in any way— 
(A) Hamas, Hezbollah, the Japanese Red 
Army, or any member of such organizations; 
(B) any organization designated by the 
Secretary of State as a foreign terrorist organi-
zation in accordance with section 219(a) of the 
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Immigration and Nationality Act (8 U.S.C. 
1189(a)); and 
(C) any person included on the annex to 
Executive Order 13224 (September 21, 2001) 
and any other person identified under section 1 
of that Executive Order whose property and in-
terests are blocked by that section (commonly 
known as a ‘‘specially designated global ter-
rorist’’); 
(3) is no longer engaged in the counterfeiting of 
United States currency ‘‘supernotes’’; 
(4) is no longer engaged in the international 
trafficking of illicit narcotics into the United States, 
Japan, Australia, or other allied countries of the 
United States; 
(5) has returned the last remains of United 
States permanent resident, Reverend Kim Dong- 
shik, to his United States citizen widow, family, and 
church members, so that he may be provided with a 
proper Christian burial in Chicago; 
(6) has released the Japanese nationals recog-
nized as abduction victims by the Government of 
Japan as well as abduction victims recognized by the 
Government of the Republic of Korea; 
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(7) has released an estimated 600 surviving 
South Korean POWs, and any other surviving 
POWs from the Korean War, who have been held in 
North Korea against their will and in violation of 
the Armistice Agreement since hostilities ended in 
July, 1953; 
(8) has made concrete provisions for unre-
stricted family reunification meetings for those indi-
viduals among the two-million strong Korean-Amer-
ican community who maintain family ties with rel-
atives inside North Korea; 
(9) has opened the North Korean penal system, 
including the gulag of concentration camps holding 
an estimated 200,000 political and religious pris-
oners, to unrestricted and regular visits by rep-
resentatives of the International Committee of the 
Red Cross (ICRC); 
(10) has made provision for unrestricted and 
regular access by representatives of the United Na-
tional High Commissioner for Refugees to refugees 
forcibly repatriated to North Korea to determine 
their general health and welfare; and 
(11) has made concrete provisions for unre-
stricted contact, including direct communications 
and meetings, between representatives of inter-
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national and South Korean religious organizations, 
including Christians and Buddhists, and their co-be-
lievers inside North Korea. 
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in light of the congressional finding described 
in subsection (a), the Secretary of State should redesig-
nate North Korea as a state sponsor of terrorism imme-
diately upon the date of the enactment of this Act. 
(e) STATE SPONSOR OF TERRORISM DEFINED.—In 
this section, the term ‘‘state sponsor of terrorism’’ means 
any country the government of which the Secretary of 
State determines has repeatedly provided support for acts 
of international terrorism pursuant to section 6(j) of the 
Export Administration Act of 1979 (as continued in effect 
pursuant to the International Emergency Economic Pow-
ers Act), section 40 of the Arms Export Control Act, sec-
tion 620A of the Foreign Assistance Act of 1961, or any 
other provision of law. 
SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION 
OF NORTH KOREA. 
(a) FINDING.—Congress finds that the United States 
did not grant diplomatic recognition to North Korea upon 
its establishment as a client regime of the former Soviet 
Union in 1948. The United States has consistently contin-
ued to withhold such formal diplomatic recognition during 
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the 60 years since the sudden and unprovoked attack by 
North Korean forces on the Republic of Korea on June 
25, 1950, an attack which led directly to the Korean War 
and the deaths of over 36,000 United States military per-
sonnel as well as at least 2,000,000 Koreans and over 
3,000 soldiers from Allied countries. 
(b) CONTINUATION OF DIPLOMATIC NONRECOGNI-
TION.—The diplomatic nonrecognition described in sub-
section (a), including restrictions on the establishment of 
a permanent presence or United States liaison office inside 
North Korea, shall remain in effect, until such time as 
the President certifies to Congress that the Government 
of North Korea has met all of the benchmarks specified 
in section 3. 
SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN 
MISSILE LAUNCH OR NUCLEAR TEST. 
In the case of the launch of a missile, rocket, or other 
airborne object by North Korea or the conducting of a nu-
clear test in violation of United Nations Security Council 
Resolutions 1695, 1718, and 1874, the President shall in-
struct the United States Permanent Representative to the 
United Nations to use the voice, vote, and influence of the 
United States to secure adoption of a United Nations Se-
curity Council resolution condemning North Korea’s ac-
tion as a violation of United Nations Security Council Res-
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