North Korea Sanctions and Diplomatic Nonrecognition Act of 2010 (Introduced in House)
HR 5350 IH
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. ROHRABACHER) introduced the following bill; which was referred to the Committee on Foreign Affairs
To continue restrictions against and prohibit diplomatic recognition of the Government of North Korea, 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 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 refusal to agree to a transparent verification process for denuclearization consistent with `international standards', including provisions for nuclear sampling, 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, Romania, and Thailand.
(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 January 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 Korea'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 vulnerable'.
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 sponsor of terrorism, North Korea has committed acts that can be defined as international terrorism or as highly provocative, 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 Korean 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- Notwithstanding the decision by the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, and in light of the congressional finding described in subsection (a), restrictions against the Government of North Korea that were imposed by reason of a determination of the Secretary of State that the Government of North Korea is a state sponsor 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 sponsor of terrorism;
(2) is no longer engaged in training in combat operations or tunneling, or harboring, supplying, financing, 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 organization in accordance with section 219(a) of the 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 interests are blocked by that section (commonly known as a `specially designated global terrorist');
(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 recognized as abduction victims by the Government of Japan as well as abduction victims recognized by the Government of the Republic of Korea;
(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 unrestricted family reunification meetings for those individuals among the two-million strong Korean-American community who maintain family ties with relatives 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 prisoners, to unrestricted and regular visits by representatives of the International Committee of the Red Cross (ICRC);
(10) has made provision for unrestricted and regular access by representatives of the United National 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 unrestricted contact, including direct communications and meetings, between representatives of international and South Korean religious organizations, including Christians and Buddhists, and their co-believers inside North Korea.
(d) Sense of Congress- It is the sense of Congress that, in light of the congressional finding described in subsection (a), the Secretary of State should redesignate North Korea as a state sponsor of terrorism immediately upon the date of the enactment of this Act.
SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION OF NORTH KOREA.
SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN MISSILE LAUNCH OR NUCLEAR TEST.