II 111th CONGRESS 1st Session S. 1416 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.

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.

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.

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.

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)).

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.