[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3423 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Korea Sanctions Act of 2009''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) On May 25, 2009, North Korea announced that it had 
        detonated a nuclear explosive device. This detonation has been 
        certified by numerous credible sources.
            (2) On May 25, 2009, the United States Geological Survey 
        detected a 4.7-magnitude quake at 0054 GMT, 10 kilometers (six 
        miles) underground, and put the center of the tremor about 43 
        miles northwest of Kimchaek, North Korea (233  miles northeast 
        of Pyongyang and within a few miles from North Korea's 2006 
        nuclear test site). Geological agencies in both South Korea and 
        the United States reported that this tremor indicated a nuclear 
        explosion had taken place.
            (3) The detonation is estimated to have been between 10 and 
        20 kilotons and is much larger than North Korea's October 2006 
        test.
            (4) The United Nations Security Council unanimously 
        condemned the detonation and issued a statement that ``The 
        members of the Security Council voiced their strong opposition 
        to and condemnation of the nuclear test conducted by the 
        Democratic People's Republic of Korea on 25 May 2009, which 
        constitutes a clear violation of Resolution 1718.''. Following 
        this statement, the Security Council adopted Resolution 1874, 
        imposing further economic sanctions on North Korea and 
        authorizing United Nations Member States to inspect North 
        Korean cargo and destroy any cargo that may be involved in that 
        country's nuclear weapons program.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the underground detonation of a nuclear explosive 
        device by North Korea on May 25, 2009, is a sign of North 
        Korea's increasing hostility toward both the United States and 
        the international community and cannot be tolerated;
            (2) the United States must take a firm stand against North 
        Korea's refusal to comply with international standards 
        unanimously set by the United Nations Security Council; and
            (3) North Korea's actions warrant the use of both 
        unilateral and multilateral sanctions by both the United States 
        and the international community.

SEC. 3. IMPOSITION OF CERTAIN SANCTIONS AGAINST NORTH KOREA.

    (a) In General.--Notwithstanding any other provision of law, 
including paragraph (1) of subsection (b) of section 102 of the Arms 
Export Control Act (22 U.S.C. 2799aa-1) (relating to a Presidential 
determination), the sanctions described in paragraph (2) of such 
subsection shall apply, beginning on the date of the enactment of this 
Act, with respect to North Korea as a result of the detonation by that 
country of a nuclear explosive device on May 25, 2009.
    (b) Waiver.--The President may waive the imposition of sanctions 
against North Korea under subsection (a) of this section if the 
President certifies in writing to the Committee on Foreign Affairs of 
the House of Representatives and the Committee on Foreign Relations of 
the Senate that such imposition would--
            (1) be detrimental to the national security of the United 
        States;
            (2) be seriously prejudicial to the achievement of United 
        States nonproliferation objectives or otherwise jeopardize the 
        common defense and security; or
            (3) have a serious adverse effect on vital United States 
        interests.
    (c) Nuclear Explosive Device Defined.--In this Act, the term 
``nuclear explosive device'' has the meaning given such term in section 
830(4) of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 
6305(4)).
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