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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1416 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1416

   To require the redesignation of North Korea as a state sponsor of 
terrorism, to impose sanctions with respect to North Korea, to require 
  reports on the status of North Korea's nuclear weapons program and 
         counterproliferation efforts, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 8, 2009

  Mr. Brownback (for himself, Mr. Kyl, and Mr. Gregg) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL

 
   To require the redesignation of North Korea as a state sponsor of 
terrorism, to impose sanctions with respect to North Korea, to require 
  reports on the status of North Korea's nuclear weapons program and 
         counterproliferation efforts, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``North Korea 
Accountability Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress with respect to United States policy toward 
                            North Korea.
Sec. 3. Designation of North Korea as state sponsor of terrorism.
Sec. 4. Prohibition on financial transactions with certain foreign 
                            banks.
Sec. 5. Military-to-military exchanges with Japan and South Korea.
Sec. 6. Report on financial transactions with the Government of North 
                            Korea and trade in precious metals mined in 
                            North Korea.
Sec. 7. Report on the nuclear weapons program of North Korea.
Sec. 8. Reports on counterproliferation efforts.
Sec. 9. Reports on implementation of United Nations Security Council 
                            Resolutions.
Sec. 10. Report on refugees from North Korea admitted to the United 
                            States.
Sec. 11. Sense of Congress and GAO report on implementation of North 
                            Korean Human Rights Act.
Sec. 12. Statement of policy on human rights in North Korea.
Sec. 13. Sense of Congress on the role of the Special Envoy for North 
                            Korean Human rights in negotiations with 
                            North Korea.
Sec. 14. Authorization of appropriations for deployment of ground-based 
                            missile interceptors.
Sec. 15. Authorization of appropriations for development of variant of 
                            F-22 advanced tactical fighter for sale to 
                            the Government of Japan.
Sec. 16. Authorization of appropriations for radio broadcasting to 
                            North Korea.
Sec. 17. Reallocation of appropriations within the Department of State.

SEC. 2. SENSE OF CONGRESS WITH RESPECT TO UNITED STATES POLICY TOWARD 
              NORTH KOREA.

    It is the sense of Congress that--
            (1) the Government of North Korea poses a compelling risk 
        to the security of Northeast Asia and to the interests of the 
        United States throughout the world;
            (2) the enslavement of the people of North Korea by the 
        Government of North Korea is an affront to humanity and 
        demonstrates that the Government of North Korea is dangerous to 
        its neighbors and the world;
            (3) the Six-Party Talks and related multilateral and 
        bilateral negotiations with North Korea have failed to achieve 
        the stated goal of denuclearizing the Korean Peninsula;
            (4) it should be the policy of the United States--
                    (A) to counter the threats posed by the Government 
                of North Korea; and
                    (B) to promote the emergence of a democratic 
                government for the people of North Korea; and
            (5) the Governments of Japan, South Korea, and the United 
        States maintain a mutually beneficial security guarantee under 
        which an attack on any of those countries will trigger a 
        response that is backed up by the complete range of military 
        options available to all 3 countries.

SEC. 3. DESIGNATION OF NORTH KOREA AS STATE SPONSOR OF TERRORISM.

    (a) In General.--Except as provided under subsection (b), the 
Secretary of State shall designate North Korea as a country that has 
repeatedly provided support for acts of international terrorism for 
purposes of--
            (1) section 6(j) of the Export Administration Act of 1979 
        (50 U.S.C. App. 2405(j)) (as continued in effect pursuant to 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.));
            (2) section 40 of the Arms Export Control Act (22 U.S.C. 
        2780); and
            (3) section 620A of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2371).
    (b) Waiver.--The President may waive the requirement to make the 
designation under subsection (a) upon certifying to Congress that the 
Government of North Korea--
            (1) has provided a full, complete, and accurate disclosure 
        of all aspects of its nuclear program, including its uranium 
        enrichment capabilities;
            (2)(A) has not, in the previous 5 years, engaged in the 
        illegal transfer of missile or nuclear technology, particularly 
        to the governments of Iran, Syria, or any other country the 
        government of which the Secretary of State has determined, for 
        purposes of the provisions of law described in paragraphs (1) 
        through (3) of subsection (a) or other provision of law, is a 
        government that has repeatedly provided support for 
        international acts of terrorism; and
            (B) has fully disclosed all proliferation activities in the 
        past 10 years that, if occurring today, would violate United 
        Nations Security Council Resolution 1718 (2006);
            (3) has not, in the previous 5 years, engaged in training 
        in combat operations or tunneling, or harboring, supplying, 
        financing, or supporting in any way--
                    (A) Hamas, Hezbollah, the Japanese Red Army, the 
                Liberation Tigers of Tamil Eelam, 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'');
            (4) has--
                    (A) released United States citizens Euna Lee and 
                Laura Ling, who were working as journalists reporting 
                on refugees on the border between North Korea and the 
                People's Republic of China when they were detained by 
                North Korean guards on March 17, 2009, and sentenced to 
                12 years of hard labor on June 8, 2009; and
                    (B) returned the last remains of United States 
                permanent resident, Reverend Kim Dong-shik, to his 
                United States citizen widow and family;
            (5) has released the nationals of Japan recognized as 
        abduction victims by the Government of Japan as well as 
        abduction victims recognized by the Government of South Korea;
            (6) has released an estimated 600 surviving South Korean 
        prisoners of war, and any other surviving prisoners of war 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;
            (7) 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;
            (8) 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
            (9) has ceased threatening to commit terrorist acts in its 
        public statements and state-owned media and has issued public 
        assurances that the Government of North Korea will not sponsor 
        or commit terrorism again.

SEC. 4. PROHIBITION ON FINANCIAL TRANSACTIONS WITH CERTAIN FOREIGN 
              BANKS.

    (a) In General.--Notwithstanding any other provision of law and 
subject to subsection (c), beginning on the date that is 90 days after 
the date of the enactment of this Act, the Secretary of the Treasury 
shall prohibit any financial institution from engaging in any financial 
transaction with a foreign bank that the Secretary determines is 
engaging in a financial transaction with the Government of North Korea 
or a person described in subsection (b).
    (b) Persons Described.--A person described in this subsection is a 
person the Secretary of the Treasury, in consultation with the 
Secretary of State and the Director of National Intelligence, 
determines to be--
            (1) a senior official of the Government of North Korea or 
        of the military of North Korea; or
            (2) acting as an agent of the Government of North Korea.
    (c) Notice to Financial Institutions.--The Secretary of the 
Treasury may not apply the prohibition under subsection (a) to a 
financial institution--
            (1) until the date that is 30 days after the date on which 
        the Secretary notifies the institution that the Secretary 
        intends to apply the prohibition under subsection (a); or
            (2) if the institution terminates the transaction that 
        resulted in the notification under paragraph (1) and freezes 
        any funds associated with that transaction before the 30th day 
        after receiving the notification.
    (d) Waiver.--
            (1) In general.--The Secretary of the Treasury may waive 
        the application of the prohibition under subsection (a) with 
        respect to a financial institution for a period of 1 year if 
        the Secretary notifies Congress of the waiver not less than 30 
        days before the waiver takes effect.
            (2) Renewal of waiver.--The Secretary may renew a waiver 
        granted for a financial institution under paragraph (1) 
        annually.
    (e) Definitions.--In this section:
            (1) Financial institution.--The term ``financial 
        institution'' has the meaning given that term in section 
        5312(a)(2)(6) of title 31, United States Code.
            (2) Financial transaction.--The term ``financial 
        transaction'' has the meaning given that term in section 
        1956(c)(4) of title 18, United States Code.
            (3) Foreign bank.--The term ``foreign bank'' has the 
        meaning given that term in section 1(7) of the International 
        Banking Act of 1978 (12 U.S.C. 3101(7)).

SEC. 5. MILITARY-TO-MILITARY EXCHANGES WITH JAPAN AND SOUTH KOREA.

    (a) In General.--The President shall take necessary steps to 
strengthen military cooperation with Japan and South Korea, including--
            (1) improving joint training to counter security threats 
        posed by the Government of North Korea; and
            (2) selling advanced United States military technology to 
        Japan, including the Aegis radar systems, the Patriot Advanced 
        Capability-3 and Terminal High Altitude Area Defense missile 
        defense systems, and a variant of the F-22 advanced tactical 
        fighter appropriate for exportation.
    (b) Authorization of Appropriations for International Cooperation 
With Respect to Missile Defense.--There are authorized to be 
appropriated to the Missile Defense Agency $10,000,000 for 
international cooperation with Japan and South Korea on boost phase 
missile defense programs, including the development of the Airborne 
Laser.

SEC. 6. REPORT ON FINANCIAL TRANSACTIONS WITH THE GOVERNMENT OF NORTH 
              KOREA AND TRADE IN PRECIOUS METALS MINED IN NORTH KOREA.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter for 5 years, the 
Secretary of the Treasury shall submit to Congress a report listing 
each person for which the Secretary has credible information that the 
person--
            (1)(A) is engaging in a financial transaction in any 
        currency with the Government of North Korea or a person 
        described in section 4(b); or
            (B) has engaged in such a transaction in the preceding 1-
        year period; or
            (2)(A) is trading in precious metals mined or otherwise 
        produced in North Korea;
            (B) transfers funds or uses an online payment service 
        relating to such metals; or
            (C) has traded in such metals, engaged in such a transfer, 
        or used such a service in the preceding 1-year period.
    (b) Person Defined.--For purposes of this section, the term 
``person'' includes the government of a country or subdivision thereof.

SEC. 7. REPORT ON THE NUCLEAR WEAPONS PROGRAM OF NORTH KOREA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter for 5 years, the 
Secretary of Defense, in consultation with the Secretary of State and 
the Director of National Intelligence, shall submit to Congress a 
report on the nuclear weapons program of the Government of North Korea.
    (b) Contents.--The report required under subsection (a) shall 
include the following:
            (1) An assessment of the ability of the United States Armed 
        Forces to intercept and destroy a ballistic missile launched 
        from North Korea, including a description of any deficiencies 
        that need to be addressed.
            (2) A description of advancements in the nuclear weapons 
        and ballistic missile programs of the Government of North 
        Korea, including estimates of inventory, range, and 
        capabilities expected to be developed within 5 years after the 
        report.
            (3) An assessment of the proliferation of ballistic missile 
        technology from North Korea.
            (4) An assessment of the status of the uranium enrichment 
        program in North Korea.
            (5) An assessment of the status of the Yongbyon nuclear 
        facilities, and other nuclear facilities in North Korea, 
        including--
                    (A) the extent of efforts made to disable such 
                facilities; and
                    (B) an estimate of the time in which those efforts 
                could be reversed.

SEC. 8. REPORTS ON COUNTERPROLIFERATION EFFORTS.

    (a) Report on Interdiction Authority of United States Armed 
Forces.--Not later than 90 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to Congress a report 
describing the authority of the United States Armed Forces to interdict 
or seize aircraft and vessels originating in North Korea and found in 
international airspace or waters that reasonably are suspected of 
carrying any nuclear, chemical, biological, conventional missile-
related, or space system-related technology, equipment, materials, or 
goods in violation of United Nations Security Council Resolution 1695 
(2006), United Nations Security Council Resolution 1718 (2006), or 
United Nations Security Council Resolution 1874 (2009).
    (b) Report on Nonproliferation Efforts of the United States With 
Respect to North Korea.--Not later than 90 days after the date of the 
enactment of this Act, the President shall submit to Congress a report 
describing the actions taken by the United States in response to the 
transfer of nuclear technology by North Korea to Syria and the efforts 
taken to ensure that North Korea ceases to engage in such transfers.

SEC. 9. REPORTS ON IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL 
              RESOLUTIONS.

    (a) Report on Implementation of United Nations Security Council 
Resolutions.--Not later than 90 days after the date of the enactment of 
this Act, the President shall submit to Congress a report--
            (1) assessing the status of the implementation of United 
        Nations Security Council Resolution 1695 (2006), United Nations 
        Security Council Resolution 1718 (2006), and United Nations 
        Security Council Resolution 1874 (2009); and
            (2) containing a detailed list of actions taken by the 
        United States to implement those resolutions and to encourage 
        other countries to take actions to implement the resolutions.
    (b) Report on Implementation of United Nations Security Council 
Resolutions by the People's Republic of China.--Not later than 90 days 
after the date of the enactment of this Act, the Director of National 
Intelligence shall submit to Congress a report--
            (1) assessing the compliance of the Government of the 
        People's Republic of China with the requirements imposed under 
        United Nations Security Council Resolution 1695 (2006), United 
        Nations Security Council Resolution 1718 (2006), and United 
        Nations Security Council Resolution 1874 (2009); and
            (2) describing any assistance provided by the Government of 
        the People's Republic of China to any entity in North Korea and 
        the amount of any such assistance.

SEC. 10. REPORT ON REFUGEES FROM NORTH KOREA ADMITTED TO THE UNITED 
              STATES.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, and every 30 days thereafter for 5 years, the 
Secretary of State shall submit to Congress a report on the number of 
aliens who are citizens or nationals of North Korea that were admitted 
to the United States as refugees under section 207 of the Immigration 
and Nationality Act (8 U.S.C. 1157) during the preceding 30 days.
    (b) Enforcement of Reporting Requirement.--For each month in which 
the Secretary of State does not submit the report required by 
subsection (a) to Congress before the 15th day after that report is 
due, $250,000 of amounts previously appropriated to the Bureau of 
Population, Refugees, and Migration of the Department of State and 
available for obligation shall be rescinded.

SEC. 11. SENSE OF CONGRESS AND GAO REPORT ON IMPLEMENTATION OF NORTH 
              KOREAN HUMAN RIGHTS ACT.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States has not adequately implemented the 
        North Korean Human Rights Act of 2004 (22 U.S.C. 7801 et seq.), 
        as amended by the North Korean Human Rights Reauthorization Act 
        of 2008 (Public Law 110-346; 122 Stat. 3939); and
            (2) the President should expand efforts to promote a 
        transition to democracy in North Korea.
    (b) GAO Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to Congress a report on the 
        implementation by the Secretary of State of the North Korean 
        Human Rights Act of 2004 (22 U.S.C. 7801 et seq.), as amended 
        by the North Korean Human Rights Reauthorization Act of 2008 
        (Public Law 110-346; 122 Stat. 3939).
            (2) Contents.--The report required under paragraph (1) 
        shall include the following, with respect to each of the fiscal 
        years 2005 through 2009:
                    (A) A description of the extent to which the 
                Secretary of State has implemented section 203 of the 
                North Korean Human Rights Act of 2004 (22 U.S.C. 7833) 
                (relating to assistance provided outside of North 
                Korea), including--
                            (i) an assessment of the effectiveness of 
                        the implementation of that section with respect 
                        to the purposes described in section 4 of that 
                        Act (22 U.S.C. 7802); and
                            (ii) if the Secretary has not requested 
                        funds to provide assistance under such section 
                        203, an assessment of any other funds used by 
                        the Secretary to provide such assistance.
                    (B) An evaluation of the effectiveness of the 
                implementation of title III of that Act (22 U.S.C. 7841 
                et seq.) (relating to protecting North Korean refugees) 
                that--
                            (i) considers the scope of the problem 
                        posed by refugees from North Korea, with 
                        particular consideration of--
                                    (I) the policies expressed in 
                                section 304 of that Act (22 U.S.C. 
                                7844); and
                                    (II) the information contained in 
                                reports submitted under section 305 of 
                                that Act (22 U.S.C. 7845); and
                            (ii) includes an assessment of the extent 
                        to which the Secretary has facilitated, 
                        pursuant to section 303 of that Act (22 U.S.C. 
                        7843), the submission of applications by 
                        citizens or nationals of North Korea for 
                        admission to the United States as refugees 
                        under section 207 of the Immigration and 
                        Nationality Act (8 U.S.C. 1157).

SEC. 12. STATEMENT OF POLICY ON HUMAN RIGHTS IN NORTH KOREA.

    Section 101 of the North Korean Human Rights Act of 2004 (22 U.S.C. 
7811) is amended--
            (1) in the section heading, by striking ``sense of 
        congress'' and inserting ``statement of policy''; and
            (2) by striking ``It is the sense of Congress'' and 
        inserting ``It is the policy of the United States''.

SEC. 13. SENSE OF CONGRESS ON THE ROLE OF THE SPECIAL ENVOY FOR NORTH 
              KOREAN HUMAN RIGHTS IN NEGOTIATIONS WITH NORTH KOREA.

    It is the sense of Congress that the Special Envoy for Human Rights 
in North Korea should be present at all negotiating sessions between 
the United States Government and the Government of North Korea.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS FOR DEPLOYMENT OF GROUND-BASED 
              MISSILE INTERCEPTORS.

    There are authorized to be appropriated $160,000,000 for fiscal 
year 2010 for the Department of Defense to complete the deployment of 
44 ground-based missile interceptors at Fort Greely, Alaska. Such 
amount is in addition to any other amounts authorized to be 
appropriated for fiscal year 2010 for the Department of Defense for 
such purpose.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS FOR DEVELOPMENT OF VARIANT OF 
              F-22 ADVANCED TACTICAL FIGHTER FOR SALE TO THE GOVERNMENT 
              OF JAPAN.

    (a) In General.--There are authorized to be appropriated for fiscal 
year 2010 to the Secretary of Defense for the Air Force for aircraft 
such sums as may be necessary to develop a variant of the F-22 advanced 
tactical fighter appropriate for sale to the Government of Japan.
    (b) Repeal of Prohibition on Funding for the Sale of F-22 
Fighters.--Section 8059 of the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
329; 122 Stat. 3634) is repealed.

SEC. 16. AUTHORIZATION OF APPROPRIATIONS FOR RADIO BROADCASTING TO 
              NORTH KOREA.

    (a) Authorization of Appropriations for Radio Free Asia.--There are 
authorized to be appropriated $50,000,000 to the Broadcasting Board of 
Governors for Radio Free Asia for each of the fiscal years 2010 through 
2014--
            (1) to expand radio broadcasting to North Korea and to 
        expand the content of such broadcasting; and
            (2) to operate an airborne radio transmission platform in 
        international airspace near North Korea.
    (b) Authorization of Appropriations for National Endowment for 
Democracy.--There are authorized to be appropriated $25,000,000 to the 
National Endowment for Democracy for each of the fiscal years 2010 
through 2014 to support the development of nongovernmental civilian 
broadcasts and information to be broadcast to North Korea.

SEC. 17. REALLOCATION OF APPROPRIATIONS WITHIN THE DEPARTMENT OF STATE.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of State shall reallocate $10,000,000 appropriated for 
the Bureau of East Asian and Pacific Affairs to the Bureau of 
Democracy, Human Rights, and Labor, to be expended on programs and 
activities designed to advance human rights for the people of North 
Korea.
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