I 111th CONGRESS 1st Session H. R. 3423 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.

Short title

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

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.

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)).