,i #aacth ,,congress #ast ,session ,h4 ,r4 #fgc ,,in ,,the ,,house ,,of ,,representatives ,february #ac1 #bjac ,ms4 ,ros-,lehtinen 7for herself1 ,mr4 ,chabot1 ,mr4 ,connolly1 ,mr4 ,lance1 ,mr4 ,franks of ,arizona1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,bilirakis1 ,mr4 ,weber of ,texas1 and ,mr4 ,duncan of ,south ,carolina7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to continue restrictions against and prohibit diplomatic recognition of the ,government of ,north ,korea1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,north ,korea ,sanctions and ,diplomatic ,nonrecognition ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,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 standards1 including provisions for nuclear sampling1 following ,north ,korea's removal on ,october #aa1 #bjjh1 from the list of state sponsors of terrorism maintained by the ,department of ,state4 7#b7 ,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 surrogates1 ,hezbollah and ,hamas1 with both missile technology and training in tunneling techniques with which to attack ,israel1 an ally of the ,united ,states4 7#c7 ,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 #f1 #bjjg4 7#d7 ,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 ,korea1 both allies of the ,united ,states1 as well as the abductions of citizens from a number of other countries1 including ,france1 ,lebanon1 ,romania1 and ,thailand4 7#e7 ,defectors coming out of ,north ,korea have provided testimony that ,united ,states permanent resident1 ,reverend ,kim ,dong-shik1 the spouse and father of ,united ,states citizens1 was tortured and murdered inside ,north ,korea after his abduction by ,pyongyang's agents on the ,chinese border in ,january #bjjj and that his remains are currently being held at a military facility inside ,north ,korea4 7#f7 ,congress authoritatively expressed its view1 in section #bjb7;b77#b7 of the ,north ,korean ,human ,rights ,act of #bjjd 7,public ,law #ajh-ccc2 #bb ,u4,s4,c4 #ghcb7;b77#b77 that ,united ,states nonhumanitarian assistance to ,north ,korea shall be contingent on ,north ,korea's substantial progress on human rights improvements1 release of and accounting for abductees1 family reunification1 reform of ,north ,korea's labor camp system1 and the decriminalization of political expression1 none of which has occurred4 7#g7 ,congress further authoritatively expressed its view1 in section #b of the ,north ,korean ,human ,rights ,reauthorization ,act of #bjjh 7,public ,law #aaj-cdf7 that human rights and humanitarian conditions inside ,north ,korea are deplorable and that ,north ,korean refugees remain acutely vulnerable4 7#h7 ,congress has determined that any missile test or launch conducted by ,north ,korea would be in direct violation of ,united ,nations ,security ,council resolution #afie1 adopted on ,july #af1 #bjjf1 which condemns the multiple launches by the ,,dprk 7,north ,korea7 of ballistic missiles on ,july #e #bjjf local time1 and ,united ,nations ,security ,council ,resolution #agah1 adopted on ,october #i1 #bjjf1 which demands that the ,,dprk 7,north ,korea7 not conduct any further nuclear test or launch of a ballistic missile and decides that the ,,dprk shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching1 and further determines that the resulting sanctions imposed under such resolution #agah would again come into full effect following a missile test or launch4 7#i7 ,congress has further determined that a return 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 complete1 verifiable and irreversible dismantlement of all of ,north ,korea's nuclear programs1 including those derived both from plutonium as well as highly enriched uranium4 7#aj7 ,japanese press reports have indicated that a delegation of approximately fifteen ,iranian missile experts arrived in ,north ,korea in ,march #bjji to help ,pyongyang prepare for a rocket launch1 including senior officials with the ,iranian rocket and satellite producer ,shahid ,hemmat ,industrial ,group1 and that they brought with them a letter from their ,president ,mahmoud ,ahmadinejad to ,north ,korean leader ,kim ,jong-,il stressing the importance of cooperating on space technology4 7#aa7 ,north ,korea1 in defiance of the international community's efforts to end nuclear proliferation and in violation of its international obligations1 conducted a second underground nuclear test on ,may #be1 #bjji 7local time71 in violation of ,united ,nations ,security ,council ,resolution #agah1 which resulted in the passage of ,united ,nations ,security ,council ,resolution #ahgd on ,june #ab1 #bjji1 which imposed additional sanctions and inspection requirements with regard to ,north ,korea4 7#ab7 ,north ,korea1 according to ,western press reports1 transshipped missile parts1 used to run ,iran's solid fuel ballistic missile program1 to ,tehran via ,air ,iran flights which landed in ,beijing1 ,china in #bjjg4 7#ac7 ,press reports in ,march #bjaa indicated that opposition forces in ,libya1 when they took positions from ,qaddafi forces1 discovered ,north ,korean weapons caches1 including rockets and anti-aircraft guns1 unpacked from crates labeled 8bulldozer parts10 which would represent a clear violation of ,united ,nations sanctions4 7#ad7 ,on ,august #af1 #bjab1 the ,president signed into law the ,ambassador ,james ,r4 ,lilley and ,congressman ,stephen ,j4 ,solarz ,north ,korea ,human ,rights ,reauthorization ,act of #bjab 7,public ,law #aab-agb74 7#ae7 ,congress further authoritatively expressed its view in section #b of ,public ,law #aab-agb that although the transition to the leadership of ,kim ,jong-,un after the death of ,kim ,jong-,il has introduced new uncertainties and possibilities1 the fundamental human rights and humanitarian conditions inside ,north ,korea remain deplorable1 ,north ,korean refugees remain acutely vulnerable1 and the findings in the #bjjd ,act and #bjjh ,reauthorization remain substantially accurate today44 7#af7 ,notwithstanding the succession of ,kim ,jong-,un as supreme leader of ,north ,korea following the death of his father in ,december #bjaa1 ,pyongyang has continued a policy of horrendous human rights violations1 including the issuance of new shoot to kill orders for refugees attempting to cross the border into ,china and an increased reliance on public executions to intimidate the ,north ,korean populace4 7#ag7 ,the new ,kim ,jong-,un regime also displayed duplicity in its negotiations with the ,united ,states and other ,six-,party partners by launching a missile in ,april #bjab in direct violation of its ,leap ,day ,agreement to carry out a moratorium on nuclear and long-range missile tests4 7#ah7 ,pyongyang defied the international community and relevant ,united ,nations ,security ,council resolutions by launching a long-range missile on ,december #ab1 #bjab1 resulting in the unanimous passage of ,united ,nations ,security ,council ,resolution #bjhg on ,january #bb1 #bjac4 7#ai7 ,the regime in ,pyongyang further defied the international community and relevant ,united ,nations ,security ,council resolutions by conducting a nuclear test on ,february #ab1 #bjac4 7#bj7 ,according to the ,united ,states ,geological ,survey1 seismic activity was detected in ,north ,korea with an earthquake measuring #d4i magnitude1 larger than the #bjjf and #bjji explosions1 and the epicenter of the quake was close to a ,north ,korean nuclear test site4 #c4 ,continuation of restrictions against the ,government of ,north ,korea 7a7 ,finding ,congress finds that subsequent to the decision of the ,secretary of ,state on ,october #aa1 #bjjh1 to rescind the designation of ,north ,korea as a state sponsor of terrorism1 ,north ,korea has committed acts that can be defined as international terrorism or as highly provocative1 including-- 7#a7 the dispatch of a covert team of two ,north ,korean military-trained agents to ,south ,korea with orders to assassinate the late ,north ,korean defector ,hwang ,jang-yop who were apprehended by ,south ,korean officials in ,april #bjaj2 7#b7 complicity in the sinking of the ,south ,korean naval vessel ,cheonan on ,march #bf1 #bjaj1 which resulted in the deaths of #df ,south ,korean naval personnel2 7#c7 the shipment of weapons by ,north ,korea1 seized in ,bangkok in ,december #bjji1 which were bound for delivery to foreign terrorist organizations ,hezbollah and ,hamas1 according to a statement made by ,israeli ,foreign ,minister ,avigdor ,lieberman in ,tokyo on ,may #ab1 #bjaj2 7#d7 the sudden and unprovoked bombardment by ,north ,korean artillery of the civilian-populated ,south ,korean island of ,yeonpyeong-do on ,november #bc1 #bjaj1 which resulted in the deaths of two ,south ,korean civilians and two ,republic of ,korea 7,,rok7 marines2 and 7#e7 the sentencing by ,seoul ,central ,district ,court in ,january #bjaa of ,north ,korean agent ,ri ,dong ,sam to #aj years in prison for impersonating a refugee in ,august #bjaj to enter ,south ,korea under orders to assassinate leading ,north ,korean defector ,hwang ,jang-yop4 7b7 ,continuation of restrictions ,notwithstanding the decision by the ,secretary of ,state on ,october #aa1 #bjjh1 to rescind the designation of ,north ,korea as a state sponsor of terrorism1 and in light of the congressional finding described in subsection 7a71 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 terrorism1 as well as sanctions against the ,government of ,north ,korea 7including sanctions that ban the importation into the ,united ,states of ,north ,korean products and goods71 that are in effect as of the date of the enactment of this ,act shall remain in effect1 and shall not be lifted1 unless the ,president makes the certification described in subsection 7c74 7c7 ,certification ,the certification referred to in subsection 7b7 is a certification to ,congress containing a determination of the ,president that the ,government of ,north ,korea-- 7#a7 is no longer engaged in the illegal transfer of missile or nuclear technology1 particularly to the governments of ,iran1 ,syria1 or any other state sponsor of terrorism1 or to ,burma2 7#b7 is no longer engaged in training in combat operations or tunneling1 or harboring1 supplying1 financing1 or supporting in any way-- 7,a7 ,hamas1 ,hezbollah1 the ,japanese ,red ,army1 or any member of such organizations2 7,b7 any organization designated by the ,secretary of ,state as a foreign terrorist organization in accordance with section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 and 7,c7 any person included on the annex to ,executive ,order #acbbd 7,september #ba1 #bjja7 and any other person identified under section #a of that ,executive ,order whose property and interests are blocked by that section 7commonly known as a specially designated global terrorist72 7#c7 is no longer engaged in the counterfeiting of ,united ,states currency supernotes2 7#d7 is no longer engaged in the international trafficking of illicit narcotics into the ,united ,states1 ,japan1 ,australia1 or other allied countries of the ,united ,states2 7#e7 has returned the last remains of ,united ,states permanent resident1 ,reverend ,kim ,dong-shik1 to his ,united ,states citizen widow1 family1 and church members1 so that he may be provided with a proper ,christian burial in ,chicago2 7#f7 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 ,korea2 7#g7 has released an estimated #fjj surviving ,south ,korean ,p,o,ws1 and any other surviving ,p,o,ws from the ,korean ,war1 who have been held in ,north ,korea against their will and in violation of the ,armistice ,agreement since hostilities ended in ,july #aiec2 7#h7 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 ,korea2 7#i7 has opened the ,north ,korean penal system1 including the gulag of concentration camps holding an estimated #bjj1jjj political and religious prisoners1 to unrestricted and regular visits by representatives of the ,international ,committee of the ,red ,cross 7,,icrc72 7#aj7 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 welfare2 7#aa7 has made concrete provisions for unrestricted contact1 including direct communications and meetings1 between representatives of international and ,south ,korean religious organizations1 including ,christians and ,buddhists1 and their co-believers inside ,north ,korea2 and 7#ab7 has offered apologies to the government and people of the ,republic of ,korea for the deaths that ,north ,korea inflicted due to the unprovoked attacks on the ,south ,korean naval vessel ,cheonan on ,march #bf1 #bjaj1 and on the island of ,yeonpyeong-do on ,november #bc1 #bjaj4 7d7 ,sense of ,congress ,it is the sense of ,congress that1 in light of the congressional finding described in subsection 7a71 the ,secretary of ,state should redesignate ,north ,korea as a state sponsor of terrorism immediately upon the date of the enactment of this ,act4 7e7 ,state sponsor of terrorism defined ,in this section1 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 #f7;j7 of the ,export ,administration ,act of #aigi 7as continued in effect pursuant to the ,international ,emergency ,economic ,powers ,act71 section #dj of the ,arms ,export ,control ,act1 section #fbj;,a of the ,foreign ,assistance ,act of #aifa1 or any other provision of law4 #d4 ,continuation of diplomatic nonrecognition of ,north ,korea 7a7 ,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 #aidh4 ,the ,united ,states has consistently continued to withhold such formal diplomatic recognition during the #fa years since the sudden and unprovoked attack by ,north ,korean forces on the ,republic of ,korea on ,june #be1 #aiej1 an attack which led directly to the ,korean ,war and the deaths of over #cf1jjj ,united ,states military personnel as well as at least #b1jjj1jjj ,koreans and over #c1jjj soldiers from ,allied countries4 7b7 ,continuation of diplomatic nonrecognition ,no funds may be expended for the establishment of a ,united ,states diplomatic presence in ,north ,korea1 including an ,embassy1 ,consulate1 or liaison office1 until such time as the ,president certifies to ,congress that the ,government of ,north ,korea has met all of the benchmarks specified in section #c4 #e4 ,international response to a ,north ,korean missile launch or nuclear test ,given ,north ,korea's third nuclear weapons test on ,february #ab1 #bjac1 in violation of ,united ,nations ,security ,council ,resolutions #afie1 #agah1 #ahgd1 and #bjhg1 the ,president shall instruct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states to secure adoption of a ,united ,nations ,security ,council resolution condemning ,north ,korea's action as a violation of ,united ,nations ,security ,council ,resolutions #afie1 #agah1 #ahgd1 and #bjhg and requiring the implementation of comprehensive sanctions and an inspection regime against ,north ,korea4