calendar no. 279 th st congress session s. 1901 · sec. 401. report on effecting ... sec. 402....
TRANSCRIPT
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Calendar No. 279 115TH CONGRESS
1ST SESSION S. 1901 To require global economic and political pressure to support diplomatic
denuclearization of the Korean Peninsula, including through the imposi-
tion of sanctions with respect to the Government of the Democratic
People’s Republic of Korea and any enablers of the activities of that
Government, and to reauthorize the North Korean Human Rights Act
of 2004, and for other purposes.
IN THE SENATE OF THE UNITED STATES
OCTOBER 2, 2017
Mr. GARDNER (for himself, Mr. MARKEY, Mr. RUBIO, Mr. RISCH, Mr.
PORTMAN, and Mr. YOUNG) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
DECEMBER 7, 2017
Reported by Mr. CORKER, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL To require global economic and political pressure to support
diplomatic denuclearization of the Korean Peninsula, in-
cluding through the imposition of sanctions with respect
to the Government of the Democratic People’s Republic
of Korea and any enablers of the activities of that Gov-
ernment, and to reauthorize the North Korean Human
Rights Act of 2004, and for other purposes.
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) SHORT TITLE.—This Act may be cited as the 4
‘‘Leverage to Enhance Effective Diplomacy Act of 2017’’ 5
or the ‘‘LEED Act’’. 6
(b) TABLE OF CONTENTS.—The table of contents for 7
this Act is as follows: 8
Sec. 1. Short title; table of contents.
TITLE I—SANCTIONS WITH RESPECT TO THE DEMOCRATIC
PEOPLE’S REPUBLIC OF KOREA AND ITS ENABLERS
Sec. 101. Findings.
Sec. 102. Sanctions with respect to the Government of the Democratic People’s
Republic of Korea and its enablers.
Sec. 103. Strategy to end use of North Korean laborers by other countries.
TITLE II—REAUTHORIZATION OF NORTH KOREAN HUMAN
RIGHTS ACT OF 2004
Sec. 201. Short title.
Sec. 202. Reauthorization of the North Korean Human Rights Act of 2004.
TITLE III—REVIEW OF POLICY TOWARD THE DEMOCRATIC
PEOPLE’S REPUBLIC OF KOREA
Sec. 301. Addressing the nuclear and ballistic missile threat posed by the
Democratic People’s Republic of Korea.
Sec. 302. Briefings on United States engagement with the Democratic People’s
Republic of Korea.
Sec. 303. Report on United States citizens detained by the Democratic People’s
Republic of Korea.
Sec. 304. Report and strategy relating to use of rocket fuels for ballistic mis-
siles by the Democratic People’s Republic of Korea.
Sec. 305. Appropriate congressional committees defined.
TITLE IV—STRATEGY TO DIPLOMATICALLY AND ECONOMICALLY
ISOLATE THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Sec. 401. Report on effecting a strategy to diplomatically and economically iso-
late the Democratic People’s Republic of Korea.
Sec. 402. Authorization to alter United States relations with countries enabling
the Democratic People’s Republic of Korea.
Sec. 403. Authorization to terminate or reduce United States foreign assistance
to countries enabling the Democratic People’s Republic of
Korea.
Sec. 404. Appropriate congressional committees defined.
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TITLE I—SANCTIONS WITH RE-1
SPECT TO THE DEMOCRATIC 2
PEOPLE’S REPUBLIC OF 3
KOREA AND ITS ENABLERS 4
SEC. 101. FINDINGS. 5
Congress makes the following findings: 6
(1) The Government of the Democratic People’s 7
Republic of Korea has flagrantly defied the inter-8
national community by illicitly developing its nuclear 9
and ballistic missile programs, in violation of United 10
Nations Security Council Resolutions 1718 (2006), 11
1874 (2009), 2087 (2013), 2094 (2013), 2270 12
(2016), 2321 (2016), 2371 (2017), and 2375 13
(2017). 14
(2) The Government of the Democratic People’s 15
Republic of Korea engages in gross human rights 16
abuses against its own people and citizens of other 17
countries, including the United States, the Republic 18
of Korea, and Japan. 19
(3) The United States is committed to pursuing 20
a peaceful denuclearization of the Democratic Peo-21
ple’s Republic of Korea through a policy of max-22
imum pressure and engagement, in close concert 23
with its partners. 24
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SEC. 102. SANCTIONS WITH RESPECT TO THE GOVERN-1
MENT OF THE DEMOCRATIC PEOPLE’S RE-2
PUBLIC OF KOREA AND ITS ENABLERS. 3
(a) BLOCKING OF PROPERTY.—On and after the date 4
that is 180 days after the date of the enactment of this 5
Act, the President shall block and prohibit all transactions 6
in all property and interests in property of a person de-7
scribed in subsection (d) if such property and interests in 8
property are in the United States, come within the United 9
States, or are or come within the possession or control 10
of a United States person. 11
(b) FACILITATION OF CERTAIN TRANSACTIONS.— 12
The President shall prohibit the opening, and prohibit or 13
impose strict conditions on the maintaining, in the United 14
States of a correspondent account or a payable-through 15
account by a foreign financial institution that the Presi-16
dent determines has knowingly, on or after the date that 17
is 180 days after the date of the enactment of this Act, 18
conducted or facilitated a significant transaction with re-19
spect to the importation, exportation, sale, or transfer of 20
goods, services, or technology to or from the Democratic 21
People’s Republic of Korea on behalf of a person described 22
in subsection (d). 23
(c) IMPORTATION, EXPORTATION, SALE, OR TRANS-24
FER OF GOODS AND SERVICES.—The President shall im-25
pose sanctions pursuant to the International Emergency 26
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Economic Powers Act (50 U.S.C. 1701 et seq.) with re-1
spect to a person if the President determines that the per-2
son knowingly, on or after the date that is 180 days after 3
the date of the enactment of this Act, imports, exports, 4
purchases, or transfers goods, services, or technology to 5
or from a person described in subsection (d). 6
(d) PERSONS DESCRIBED.—A person described in 7
this subsection is any of the following: 8
(1) The Government of the Democratic People’s 9
Republic of Korea or any political subdivision, agen-10
cy, or instrumentality of that Government. 11
(2) Any person owned or controlled, directly or 12
indirectly, by that Government. 13
(3) Any person acting or purporting to act, di-14
rectly or indirectly, for or on behalf of that Govern-15
ment. 16
(4) The following entities: 17
(A) Dandong Zhicheng Metallic Material 18
Co. Ltd. 19
(B) Dandong Kehua Economic and Trade 20
Co. 21
(C) Dandong Xinyang Chemical Rubber 22
Co. 23
(D) Dandong Zhongze Trade Co. Ltd. 24
(E) Dandong Tianfu Trade Co. Ltd. 25
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(F) Hunchun Xinshidai Industry and 1
Trade Co. Ltd. 2
(G) Dandong Qiancang Trading Co. Ltd. 3
(H) Dalian West Pacific Petrochemical. 4
(I) Dandong Hao Du Trading Co. Ltd. 5
(J) Dandong Dongyuan Industrial Devel-6
opment Co. Ltd. 7
(5) Any person affiliated with an entity de-8
scribed in paragraph (4). 9
(6) Any person affiliated with an entity identi-10
fied by the Secretary of the Treasury as a signifi-11
cant importer or exporter of goods, services, or tech-12
nology to or from the Democratic People’s Republic 13
of Korea. 14
(7) Any person who knowingly unloads, loads, 15
services, fuels, maintains, provides insurance or rein-16
surance for, or otherwise engages in a significant 17
transaction with a vessel owned, operated, or con-18
trolled by the Government of the Democratic Peo-19
ple’s Republic of Korea or any political subdivision, 20
agency, or instrumentality of that Government. 21
(8) Any person who knowingly engages in a sig-22
nificant transaction with a person owned, operated, 23
or controlled by the Government of the Democratic 24
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People’s Republic of Korea or any political subdivi-1
sion, agency, or instrumentality of that Government. 2
(e) EXEMPTIONS.—The following activities are ex-3
empt from sanctions under this section: 4
(1) Activities subject to the reporting require-5
ments under title V of the National Security Act of 6
1947 (50 U.S.C. 3091 et seq.). 7
(2) Authorized intelligence activities of the 8
United States. 9
(3) Activities necessary to comply with United 10
States obligations under the Agreement between the 11
United Nations and the United States of America 12
regarding the Headquarters of the United Nations, 13
signed at Lake Success June 26, 1947, and entered 14
into force November 21, 1947, the Convention on 15
Consular Relations, done at Vienna April 24, 1963, 16
and entered into force March 19, 1967, or any other 17
international agreement. 18
(4) Activities incidental to the POW/MIA ac-19
counting mission in the Democratic People’s Repub-20
lic of Korea, including activities by the Defense 21
POW/MIA Accounting Agency and other govern-22
mental or nongovernmental organizations tasked 23
with identifying or recovering the remains of mem-24
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bers of the United States Armed Forces in the 1
Democratic People’s Republic of Korea. 2
(f) WAIVERS.— 3
(1) IN GENERAL.—The President may waive 4
the application of sanctions under this section with 5
respect to a person if the President— 6
(A)(i) determines that the person is no 7
longer engaged in sanctionable activities; or 8
(ii) determines that the waiver is in the na-9
tional security interest of the United States; 10
and 11
(B) submits to the appropriate congres-12
sional committees a report on the determination 13
and the reasons for the determination. 14
(2) HUMANITARIAN WAIVER.— 15
(A) IN GENERAL.—The President may 16
waive, for renewable periods of not less than 30 17
days and not more than one year, the applica-18
tion of sanctions under this section if the Presi-19
dent submits to the appropriate congressional 20
committees a written determination that the 21
waiver is necessary for humanitarian assistance 22
or to carry out the humanitarian purposes set 23
forth in section 4 of the North Korean Human 24
Rights Act of 2004 (22 U.S.C. 7802). 25
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(B) CONTENT OF WRITTEN DETERMINA-1
TION.—A written determination submitted 2
under subparagraph (A) with respect to a waiv-3
er shall include a description of all notification 4
and accountability controls that have been em-5
ployed in order to ensure that the activities cov-6
ered by the waiver are humanitarian assistance 7
or are carried out for the purposes set forth in 8
section 4 of the North Korean Human Rights 9
Act of 2004 (22 U.S.C. 7802) and do not entail 10
any activities in the Democratic People’s Re-11
public of Korea or dealings with the Govern-12
ment of the Democratic People’s Republic of 13
Korea not reasonably related to humanitarian 14
assistance or those purposes. 15
(C) CLARIFICATION OF PERMITTED AC-16
TIVITIES.—An internationally recognized hu-17
manitarian organization shall not be subject to 18
sanctions under this section for— 19
(i) engaging in a financial transaction 20
relating to humanitarian assistance or for 21
humanitarian purposes pursuant to a waiv-22
er issued under subparagraph (A); 23
(ii) transporting goods or services that 24
are necessary to carry out operations relat-25
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ing to humanitarian assistance or humani-1
tarian purposes pursuant to such a waiver; 2
or 3
(iii) having merely incidental contact, 4
in the course of providing humanitarian 5
assistance or aid for humanitarian pur-6
poses pursuant to such a waiver, with indi-7
viduals who are under the control of a for-8
eign person subject to sanctions under this 9
section. 10
(g) RULE OF CONSTRUCTION.—A person described in 11
subsection (d) is subject to sanctions under this section 12
without regard to whether the name of the person is pub-13
lished in the Federal Register or incorporated into the list 14
of specially designated nationals and blocked persons 15
maintained by the Office of Foreign Assets Control of the 16
Department of the Treasury. 17
(h) REPORTS.— 18
(1) IN GENERAL.—Not later than 210 days 19
after the date of the enactment of this Act, and 20
every 90 days thereafter, the President shall submit 21
to the appropriate congressional committees a list of 22
persons (including foreign financial institutions) 23
with respect to which sanctions are imposed— 24
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(A) in the case of the first list, before the 1
submission of the list; and 2
(B) in the case of any subsequent list, dur-3
ing the 90 days preceding the submission of the 4
list. 5
(2) FORM OF REPORT; PUBLIC AVAILABILITY.— 6
(A) FORM.—The list required by para-7
graph (1) shall be submitted in unclassified 8
form but may contain a classified annex. 9
(B) PUBLIC AVAILABILITY.—The unclassi-10
fied portion of the list required by paragraph 11
(1) shall be made available to the public and 12
posted on the websites of the Department of the 13
Treasury and the Department of State. 14
(i) DEFINITIONS.—In this section: 15
(1) APPROPRIATE CONGRESSIONAL COMMIT-16
TEES.—The term ‘‘appropriate congressional com-17
mittees’’ means— 18
(A) the Committee on Foreign Relations 19
and the Committee on Banking, Housing, and 20
Urban Affairs of the Senate; and 21
(B) the Committee on Foreign Affairs and 22
the Committee on Financial Services of the 23
House of Representatives. 24
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(2) CORRESPONDENT ACCOUNT; PAYABLE- 1
THROUGH ACCOUNT.—The terms ‘‘correspondent ac-2
count’’ and ‘‘payable-through account’’ have the 3
meanings given those terms in section 5318A of title 4
31, United States Code. 5
(3) FOREIGN FINANCIAL INSTITUTION.—The 6
term ‘‘foreign financial institution’’ has the meaning 7
given that term in section 561.308 of title 31, Code 8
of Federal Regulations (or any corresponding similar 9
regulation or ruling). 10
(4) HUMANITARIAN ASSISTANCE.—The term 11
‘‘humanitarian assistance’’ means assistance to meet 12
humanitarian needs, including needs for food, medi-13
cine, medical supplies, clothing, and shelter. 14
(5) KNOWINGLY.—The term ‘‘knowingly’’, with 15
respect to conduct, a circumstance, or a result, 16
means that a person has actual knowledge, or should 17
have known, of the conduct, the circumstance, or the 18
result. 19
(6) PERSON.—The term ‘‘person’’ means an in-20
dividual or entity. 21
(7) UNITED STATES PERSON.—The term 22
‘‘United States person’’ means— 23
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(A) a United States citizen or an alien law-1
fully admitted for permanent residence to the 2
United States; and 3
(B) an entity organized under the laws of 4
the United States or any jurisdiction within the 5
United States, including a foreign branch of 6
such an entity. 7
SEC. 103. STRATEGY TO END USE OF NORTH KOREAN LA-8
BORERS BY OTHER COUNTRIES. 9
(a) IN GENERAL.—Not later than 30 days after the 10
date of the enactment of this Act, the Secretary of State 11
shall submit to the Committee on Foreign Relations of the 12
Senate and the Committee on Foreign Affairs of the 13
House of Representatives a strategy for leveraging the 14
sanctions imposed pursuant to section 302B of the North 15
Korea Sanctions and Policy Enhancement Act (22 U.S.C. 16
9241b) to persuade countries that import North Korean 17
laborers in a manner described in section 302(b)(1)(L) of 18
that Act (22 U.S.C. 9241(b)(1)(L)) to end that practice. 19
(b) FORM OF REPORT.—The strategy required by 20
subsection (a) shall be submitted in unclassified form but 21
may include a classified annex. 22
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TITLE II—REAUTHORIZATION OF 1
NORTH KOREAN HUMAN 2
RIGHTS ACT OF 2004 3
SEC. 201. SHORT TITLE. 4
This title may be cited as the ‘‘North Korean Human 5
Rights Reauthorization Act of 2017’’. 6
SEC. 202. REAUTHORIZATION OF THE NORTH KOREAN 7
HUMAN RIGHTS ACT OF 2004. 8
(a) HUMAN RIGHTS AND DEMOCRACY PROGRAMS.— 9
Section 102(b)(1) of the North Korean Human Rights Act 10
of 2004 (22 U.S.C. 7812(b)(1)) is amended by striking 11
‘‘2017’’ and inserting ‘‘2022’’. 12
(b) PROMOTING FREEDOM OF INFORMATION.—Sec-13
tion 104 of the North Korean Human Rights Act of 2004 14
(22 U.S.C. 7814) is amended by striking ‘‘2017’’ each 15
place it appears and inserting ‘‘2022’’. 16
(c) REPORT BY SPECIAL ENVOY ON NORTH KOREAN 17
HUMAN RIGHTS.—Section 107(d) of the North Korean 18
Human Rights Act of 2004 (22 U.S.C. 7817(d)) is amend-19
ed by striking ‘‘2017’’ and inserting ‘‘2022’’. 20
(d) REPORT ON HUMANITARIAN ASSISTANCE.—Sec-21
tion 201(a) of the North Korean Human Rights Act of 22
2004 (22 U.S.C. 7831(a)) is amended, in the matter pre-23
ceding paragraph (1), by striking ‘‘2017’’ and inserting 24
‘‘2022’’. 25
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(e) ASSISTANCE PROVIDED OUTSIDE OF NORTH 1
KOREA.—Section 203(c)(1) of the North Korean Human 2
Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended 3
by striking ‘‘2017’’ and inserting ‘‘2022’’. 4
(f) ANNUAL REPORTING.—Section 305(a) of the 5
North Korean Human Rights Act of 2004 (22 U.S.C. 6
7845(a)) is amended, in the matter preceding paragraph 7
(1), by striking ‘‘2017’’ and inserting ‘‘2022’’. 8
TITLE III—REVIEW OF POLICY 9
TOWARD THE DEMOCRATIC 10
PEOPLE’S REPUBLIC OF 11
KOREA 12
SEC. 301. ADDRESSING THE NUCLEAR AND BALLISTIC MIS-13
SILE THREAT POSED BY THE DEMOCRATIC 14
PEOPLE’S REPUBLIC OF KOREA. 15
(a) IN GENERAL.—Not later than 60 days after the 16
date of the enactment of this Act, and every 90 days there-17
after, the President shall submit to the appropriate con-18
gressional committees a report on the efforts of the Presi-19
dent to achieve peaceful denuclearization of the Korean 20
Peninsula and to eliminate the threat posed by the ballistic 21
missile program of the Democratic People’s Republic of 22
Korea. 23
(b) ELEMENTS.—Each report required by subsection 24
(a) shall include the following: 25
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(1) A description of the President’s overall pol-1
icy objectives with regard to the Democratic People’s 2
Republic of Korea. 3
(2) An assessment by the intelligence commu-4
nity (as defined in section 3(4) of the National Secu-5
rity Act of 1947 (50 U.S.C. 3003(4))) of the status 6
of the nuclear and ballistic missile programs of the 7
Democratic People’s Republic of Korea, including 8
what elements constitute such programs, and any 9
technological advancements, disruptions, or setbacks 10
to such programs. 11
(3) A summary of all sanctions imposed by the 12
United States with respect to the Democratic Peo-13
ple’s Republic of Korea relating to its nuclear and 14
ballistic missile programs pursuant to all applicable 15
statutes, regulations, and Executive orders and a 16
strategy outlining how the President intends to use 17
those authorities to impose additional sanctions with 18
respect to the Democratic People’s Republic of 19
Korea if necessary. 20
(4) A summary of all sanctions designations by 21
the United Nations Security Council pursuant to all 22
applicable United Nations Security Council resolu-23
tions. 24
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(5) An assessment of and strategy for coun-1
tering the cyber capabilities of the Democratic Peo-2
ple’s Republic of Korea, including its efforts to con-3
duct cyber and corporate espionage, to commit illicit 4
commercial and financial activities through inter-5
national cyber systems, and to suppress opposition 6
to and spread propaganda in support of the nuclear 7
and ballistic missile activities of the Democratic Peo-8
ple’s Republic of Korea. 9
(6) A summary of activities of the Democratic 10
People’s Republic of Korea relating to evading sanc-11
tions imposed with respect to its nuclear and bal-12
listic missile programs. 13
(7) An assessment of the sources of, and the 14
methods of the Democratic People’s Republic of 15
Korea for procuring, critical components for its nu-16
clear and ballistic missile programs, including liquid 17
and solid rocket fuels and components, navigation 18
and guidance systems, computer and electrical com-19
ponents, and specialized materials. 20
(8) A summary of the United States strategy to 21
increase international coordination and cooperation, 22
whether unilaterally, bilaterally, or multilaterally, in-23
cluding sanctions enforcement and interdiction, to 24
address the threat posed by the nuclear and ballistic 25
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missile programs of the Democratic People’s Repub-1
lic of Korea. 2
(9) An assessment of the adequacy of the na-3
tional export control regimes of countries that are 4
members of the United Nations, and multilateral ex-5
port control regimes, that are necessary to enforce 6
sanctions imposed with respect to the Democratic 7
People’s Republic of Korea pursuant to United Na-8
tions Security Council resolutions and an action plan 9
to encourage and assist countries in adopting and 10
using authorities necessary to enforce export con-11
trols required by United Nations Security Council 12
resolutions. 13
(10) A summary of ongoing efforts by the 14
United States to identify strategies and policies, in-15
cluding an assessment of the strengths and weak-16
nesses of such strategies and policies, to achieve 17
peaceful denuclearization of the Korean Peninsula 18
and to eliminate the threat posed by the ballistic 19
missile program of the Democratic People’s Republic 20
of Korea. 21
(11) An assessment of potential roadmaps to-22
ward peaceful denuclearization of the Korean Penin-23
sula and the elimination of the nuclear and ballistic 24
missile threats posted by the Democratic People’s 25
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Republic of Korea, and specific actions the Demo-1
cratic People’s Republic of Korea would need to take 2
for each such roadmap to become viable. 3
(12) A description of specific measures that the 4
President has taken, or anticipates taking, to imple-5
ment the ‘‘maximum pressure and engagement’’ pol-6
icy. 7
(c) FORM OF REPORT.—Each report required by sub-8
section (a) shall be submitted in unclassified form but may 9
include a classified annex. 10
SEC. 302. BRIEFINGS ON UNITED STATES ENGAGEMENT 11
WITH THE DEMOCRATIC PEOPLE’S REPUBLIC 12
OF KOREA. 13
Not later than 30 days after the date of the enact-14
ment of this Act, and regularly thereafter, the Secretary 15
of State or a designee of the Secretary shall brief the ap-16
propriate congressional committees on the status of any 17
United States diplomatic engagement with the Govern-18
ment of the Democratic People’s Republic of Korea. 19
SEC. 303. REPORT ON UNITED STATES CITIZENS DETAINED 20
BY THE DEMOCRATIC PEOPLE’S REPUBLIC 21
OF KOREA. 22
(a) IN GENERAL.—Notwithstanding any other provi-23
sion of law, not later than 30 days after the date of the 24
enactment of this Act, and every 180 days thereafter, the 25
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Secretary of State shall submit to the appropriate congres-1
sional committees a report on United States citizens de-2
tained by the Government of the Democratic People’s Re-3
public of Korea, including United States citizens who are 4
also citizens of other countries. 5
(b) ELEMENTS.—Each report required by subsection 6
(a) shall include, with respect to each United States cit-7
izen detained by the Government of the Democratic Peo-8
ple’s Republic of Korea, the following: 9
(1) The name of the United States citizen. 10
(2) A description of the circumstances sur-11
rounding the detention of the United States citizen. 12
(3) An assessment of the health and welfare of 13
the United States citizen. 14
(4) An assessment of whether any United 15
States Government or foreign government officials 16
have been provided access to the United States cit-17
izen. 18
(5) A summary of any communications or com-19
ments by officials of the Government of the Demo-20
cratic People’s Republic of Korea regarding the de-21
tention and welfare of the United States citizen. 22
(6) A summary of official communications by 23
United States Government officials or foreign gov-24
ernment officials, or other persons acting on behalf 25
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of those officials regarding the United States citizen, 1
including efforts to secure the release of the United 2
States citizen. 3
(7) A summary of unofficial communications by 4
other persons with officials of the Government of the 5
Democratic People’s Republic of Korea regarding 6
the United States citizen, including efforts to secure 7
the release of the United States citizen. 8
(c) FORM OF REPORTS.—Each report required by 9
subsection (a) shall be submitted in unclassified form but 10
may include a classified annex. 11
(d) INTERIM BRIEFINGS.—During periods between 12
the submission of reports under subsection (a), the Sec-13
retary of State shall brief the appropriate congressional 14
committees on any significant updates on the status and 15
welfare of any United States citizens detained by the Gov-16
ernment of the Democratic People’s Republic of Korea. 17
SEC. 304. REPORT AND STRATEGY RELATING TO USE OF 18
ROCKET FUELS FOR BALLISTIC MISSILES BY 19
THE DEMOCRATIC PEOPLE’S REPUBLIC OF 20
KOREA. 21
(a) REPORT REQUIRED.— 22
(1) IN GENERAL.—Not later than 90 days after 23
the date of the enactment of this Act, and every 90 24
days thereafter, the Director of National Intel-25
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ligence, in conjunction with the Secretary of State, 1
shall submit to the appropriate congressional com-2
mittees a report on the use by the Democratic Peo-3
ple’s Republic of Korea of unsymmetrical dimethyl 4
hydrazine and other rocket fuels to power its bal-5
listic missiles. 6
(2) ELEMENTS.—Each report required by para-7
graph (1) shall include the following: 8
(A) An assessment of each type of rocket 9
fuel the Democratic People’s Republic of Korea 10
uses, or potentially may use, to power its bal-11
listic missiles, including the chemical precur-12
sors, production process, and required produc-13
tion equipment for each such type of rocket 14
fuel. 15
(B) With respect to each such type of 16
rocket fuel, an assessment of the following: 17
(i) Whether the use of that type of 18
rocket fuel by the Democratic People’s Re-19
public of Korea is prohibited under United 20
Nations Security Council resolutions, other 21
multilateral sanctions imposed on the 22
Democratic People’s Republic of Korea, or 23
sanctions imposed by the United States 24
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with respect to the Democratic People’s 1
Republic of Korea. 2
(ii) Whether the Democratic People’s 3
Republic of Korea imports that type of 4
rocket fuel as a finished product or im-5
ports chemical precursors and manufac-6
tures the finished product. 7
(iii) The countries from which the 8
Democratic People’s Republic of Korea im-9
ports that type of rocket fuel as a finished 10
product or from which the Democratic 11
People’s Republic of Korea imports the 12
chemical precursors and equipment to 13
manufacture that type of rocket fuel. 14
(iv) The size and locations of the 15
Democratic People’s Republic of Korea’s 16
stockpiles, if any, of that type of rocket 17
fuel. 18
(v) Whether that type of rocket fuel 19
can be attributed to its original exporter 20
based on unique chemical signatures or 21
other relevant identifying information. 22
(3) FORM OF REPORT.—The report required by 23
paragraph (1) shall be submitted in unclassified 24
form but may include a classified annex. 25
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(b) STRATEGY REQUIRED.—The Secretary of State, 1
in consultation with the heads of relevant agencies, shall 2
develop a diplomatic strategy to end the transfer of all 3
rocket fuels and chemical precursors for rocket fuels to 4
the Democratic People’s Republic of Korea. 5
(c) SENSE OF CONGRESS.—It is the sense of Con-6
gress that the United States Ambassador to the United 7
Nations should introduce a resolution to the United Na-8
tions Security Council— 9
(1) to request that the Panel of Experts on the 10
Democratic People’s Republic of Korea established 11
by United Nations Security Council Resolution 1874 12
(2009) investigate the importation and manufacture 13
by the Democratic People’s Republic of Korea of 14
rocket and ballistic missile fuels, including unsym-15
metrical dimethyl hydrazine and other fuels or their 16
chemical precursors; and 17
(2) to specifically prohibit the exportation to 18
the Democratic People’s Republic of Korea of un-19
symmetrical dimethyl hydrazine and any other rock-20
et fuels or precursor chemicals to rocket fuels. 21
SEC. 305. APPROPRIATE CONGRESSIONAL COMMITTEES 22
DEFINED. 23
In this title, the term ‘‘appropriate congressional 24
committees’’ means the Committee on Foreign Relations 25
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of the Senate and the Committee on Foreign Affairs of 1
the House of Representatives. 2
TITLE IV—STRATEGY TO DIP-3
LOMATICALLY AND ECONOMI-4
CALLY ISOLATE THE DEMO-5
CRATIC PEOPLE’S REPUBLIC 6
OF KOREA 7
SEC. 401. REPORT ON EFFECTING A STRATEGY TO DIP-8
LOMATICALLY AND ECONOMICALLY ISOLATE 9
THE DEMOCRATIC PEOPLE’S REPUBLIC OF 10
KOREA. 11
(a) IN GENERAL.—Not later than 90 days after the 12
date of the enactment of this Act, and every 180 days 13
thereafter, the Secretary of State or a designee of the Sec-14
retary shall submit to the appropriate congressional com-15
mittees a report on actions taken by the United States 16
to diplomatically and economically isolate the Democratic 17
People’s Republic of Korea. 18
(b) ELEMENTS.—Each report required by subsection 19
(a) shall include the following: 20
(1) A description of the actions taken by the 21
Secretary of State, or designees of the Secretary, to 22
consult with governments around the world, with the 23
purpose of inducing those governments to diplomati-24
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cally and economically isolate the Democratic Peo-1
ple’s Republic of Korea. 2
(2) A description of the actions taken by those 3
governments to implement measures to diplomati-4
cally and economically isolate the Democratic Peo-5
ple’s Republic of Korea. 6
(3) A list of countries the governments of which 7
the Secretary has determined to be noncooperative 8
with respect to implementing measures to diplomati-9
cally and economically isolate the Democratic Peo-10
ple’s Republic of Korea. 11
(4) A plan of action to engage with, and in-12
crease cooperation with respect to the Democratic 13
People’s Republic of Korea, by the governments of 14
the countries on the list required by paragraph (3). 15
(c) FORM OF REPORT.—Each report required by sub-16
section (a) shall be submitted in unclassified form but may 17
include a classified annex. 18
SEC. 402. AUTHORIZATION TO ALTER UNITED STATES RE-19
LATIONS WITH COUNTRIES ENABLING THE 20
DEMOCRATIC PEOPLE’S REPUBLIC OF 21
KOREA. 22
(a) IN GENERAL.—The Secretary of State may take 23
such actions as are necessary to induce countries to take 24
measures to diplomatically and economically isolate the 25
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Democratic People’s Republic of Korea on the list required 1
by section 401(b)(3). 2
(b) ACTIONS INCLUDED.—Actions described in sub-3
section (a) may include— 4
(1) reduction of the diplomatic presence in the 5
United States of countries on the list required by 6
section 401(b)(3); and 7
(2) reduction of the diplomatic presence of the 8
United States in those countries. 9
(c) CONSULTATION.—Not less than 15 days before 10
taking any action under subsection (a), the Secretary shall 11
consult with the appropriate congressional committees 12
with respect to the action. 13
SEC. 403. AUTHORIZATION TO TERMINATE OR REDUCE 14
UNITED STATES FOREIGN ASSISTANCE TO 15
COUNTRIES ENABLING THE DEMOCRATIC 16
PEOPLE’S REPUBLIC OF KOREA. 17
(a) IN GENERAL.—The Secretary of State may ter-18
minate or reduce United States foreign assistance to coun-19
tries on the list required by section 401(b)(3). 20
(b) ASSISTANCE INCLUDED.—Assistance terminated 21
or reduced under subsection (a) may include— 22
(1) assistance under chapter 4 of part II of the 23
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 24
seq.; relating to the Economic Support Fund); 25
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(2) military assistance provided pursuant to 1
section 23 of the Arms Export Control Act (22 2
U.S.C. 2763; relating to the Foreign Military Fi-3
nancing Program); and 4
(3) assistance provided under chapter 5 of part 5
II of the Foreign Assistance Act of 1961 (22 U.S.C. 6
2347 et seq.; relating to international military edu-7
cation and training). 8
(c) CONSULTATION.—Not less than 15 days before 9
taking any action under subsection (a), the Secretary shall 10
consult with the appropriate congressional committees 11
with respect to the action. 12
SEC. 404. APPROPRIATE CONGRESSIONAL COMMITTEES 13
DEFINED. 14
In this title, the term ‘‘appropriate congressional 15
committees’’ means— 16
(1) the Committee on Foreign Relations and 17
the Committee on Appropriations of the Senate; and 18
(2) the Committee on Foreign Affairs and the 19
Committee on Appropriations of the House of Rep-20
resentatives. 21
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 22
(a) SHORT TITLE.—This Act may be cited as the ‘‘Le-23
verage to Enhance Effective Diplomacy Act of 2017’’ or the 24
‘‘LEED Act’’. 25
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(b) TABLE OF CONTENTS.—The table of contents for 1
this Act is as follows: 2
Sec. 1. Short title; table of contents.
Sec. 2. Appropriate congressional committees defined.
TITLE I—REVIEW OF POLICY TOWARD THE DEMOCRATIC PEOPLE’S
REPUBLIC OF KOREA
Sec. 101. Findings.
Sec. 102. Addressing the evolving threats posed by and capabilities of the Demo-
cratic People’s Republic of Korea.
Sec. 103. Briefings on United States engagement with the Democratic People’s
Republic of Korea.
Sec. 104. Report on United States citizens detained by the Democratic People’s
Republic of Korea.
Sec. 105. Report and strategy relating to use of rocket fuels for ballistic missiles
by the Democratic People’s Republic of Korea.
Sec. 106. Policy of the United States with respect to sanctions with respect to the
Democratic People’s Republic of Korea.
Sec. 107. Policy of the United States with respect to negotiation on Democratic
People’s Republic of Korea’s nuclear and ballistic missile pro-
grams.
TITLE II—STRATEGY TO ADDRESS THE THREATS POSED BY AND
CAPABILITIES OF THE DEMOCRATIC PEOPLE’S REPUBLIC OF
KOREA
Sec. 201. Report on a strategy to address the threats posed by and capabilities
of the Democratic People’s Republic of Korea.
Sec. 202. Sense of Congress on participation in international organizations by
the Democratic People’s Republic of Korea.
Sec. 203. Sense of Congress to alter United States relations with countries ena-
bling the Democratic People’s Republic of Korea.
Sec. 204. Sense of Congress on termination or reduction of United States foreign
assistance to countries enabling the Democratic People’s Repub-
lic of Korea.
TITLE III—STRATEGY TO END USE OF NORTH KOREAN LABORERS
BY OTHER COUNTRIES
Sec. 301. Strategy to end use of North Korean laborers by other countries.
TITLE IV—SANCTIONS WITH RESPECT TO THE DEMOCRATIC
PEOPLE’S REPUBLIC OF KOREA
Sec. 401. Imposition of sanctions with respect to sourcing, manufacture, trade, or
distribution of illicit substances.
Sec. 402. Designation of certain entities under the North Korea Sanctions and
Policy Enhancement Act of 2016.
Sec. 403. Report on exports of crude oil and petroleum products to the Demo-
cratic People’s Republic of Korea.
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SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DE-1
FINED. 2
In this Act, the term ‘‘appropriate congressional com-3
mittees’’ means the Committee on Foreign Relations of the 4
Senate and the Committee on Foreign Affairs of the House 5
of Representatives. 6
TITLE I—REVIEW OF POLICY TO-7
WARD THE DEMOCRATIC PEO-8
PLE’S REPUBLIC OF KOREA 9
SEC. 101. FINDINGS. 10
Congress makes the following findings: 11
(1) The Government of the Democratic People’s 12
Republic of Korea has flagrantly defied the inter-13
national community by illicitly developing its nu-14
clear and ballistic missile programs, in violation of 15
United Nations Security Council Resolutions 1718 16
(2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 17
(2016), 2321 (2016), 2371 (2017), and 2375 (2017). 18
(2) The Government of the Democratic People’s 19
Republic of Korea engages in gross human rights 20
abuses against its own people and citizens of other 21
countries, including the United States, the Republic 22
of Korea, and Japan. 23
(3) The United States is committed to pursuing 24
a peaceful denuclearization of the Democratic People’s 25
Republic of Korea through a policy of maximum pres-26
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sure and engagement, in close concert with its part-1
ners. 2
SEC. 102. ADDRESSING THE EVOLVING THREATS POSED BY 3
AND CAPABILITIES OF THE DEMOCRATIC 4
PEOPLE’S REPUBLIC OF KOREA. 5
(a) IN GENERAL.—Not later than 60 days after the 6
date of the enactment of this Act, and every 180 days there-7
after, the Director of National Intelligence, in consultation 8
with the Secretary of State and the Secretary of Defense, 9
and, as appropriate, the Secretary of the Treasury and the 10
Administrator of the Drug Enforcement Administration, 11
shall submit to the appropriate congressional committees a 12
report on— 13
(1) the evolving threats posed by and capabilities 14
of the Democratic People’s Republic of Korea; and 15
(2) United States efforts to mitigate and respond 16
to those threats and capabilities. 17
(b) ELEMENTS.—Each report required by subsection 18
(a) shall include the following: 19
(1) An assessment of the status of the nuclear 20
and ballistic missile programs of the Democratic Peo-21
ple’s Republic of Korea, including what elements con-22
stitute such programs, and any technological advance-23
ments, disruptions, or setbacks to such programs dur-24
ing— 25
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(A) in the case of the first such report, the 1
60-day period preceding submission of the re-2
port; and 3
(B) in the case of any subsequent such re-4
port, the 180-day period preceding submission of 5
the report. 6
(2) An assessment of the sources of, and the 7
methods of the Democratic People’s Republic of Korea 8
for procuring, critical components for its nuclear and 9
ballistic missile programs, including liquid and solid 10
rocket fuels and components, navigation and guidance 11
systems, computer and electrical components, and spe-12
cialized materials. 13
(3) An assessment of the cyber capabilities of the 14
Democratic People’s Republic of Korea, including its 15
efforts to conduct cyber and corporate espionage, to 16
commit illicit commercial and financial activities 17
through international cyber systems, and to suppress 18
opposition to and spread propaganda in support of 19
the nuclear and ballistic missile activities of the 20
Democratic People’s Republic of Korea. 21
(4) A summary of activities of the Democratic 22
People’s Republic of Korea relating to evading sanc-23
tions imposed by the United States or the United Na-24
tions Security Council, including an assessment of the 25
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sourcing, manufacture, trade, or distribution of 1
methamphetamines, narcotics, and other illicit sub-2
stances and any associated precursor chemicals, in-3
cluding by state-owned entities, other entities (includ-4
ing universities), and individuals, for the purpose of 5
financing or otherwise supporting the nuclear and 6
ballistic missile programs of the Democratic People’s 7
Republic of Korea. 8
(c) FORM OF REPORT.—Each report required by sub-9
section (a) shall be submitted in unclassified form but may 10
include a classified annex. 11
SEC. 103. BRIEFINGS ON UNITED STATES ENGAGEMENT 12
WITH THE DEMOCRATIC PEOPLE’S REPUBLIC 13
OF KOREA. 14
Not later than 30 days after the date of the enactment 15
of this Act, and regularly thereafter, the Secretary of State 16
or a designee of the Secretary shall brief the appropriate 17
congressional committees on the status of any United States 18
diplomatic engagement with the Government of the Demo-19
cratic People’s Republic of Korea, including with respect 20
to efforts to secure the release of United States citizens de-21
tained in the Democratic People’s Republic of Korea. 22
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SEC. 104. REPORT ON UNITED STATES CITIZENS DETAINED 1
BY THE DEMOCRATIC PEOPLE’S REPUBLIC OF 2
KOREA. 3
(a) IN GENERAL.—Notwithstanding any other provi-4
sion of law, not later than 30 days after the date of the 5
enactment of this Act, and every 180 days thereafter, the 6
Secretary of State shall submit to the appropriate congres-7
sional committees a report on United States citizens de-8
tained by the Government of the Democratic People’s Re-9
public of Korea, including United States citizens who are 10
also citizens of other countries. 11
(b) ELEMENTS.—Each report required by subsection 12
(a) shall include, with respect to each United States citizen 13
detained by the Government of the Democratic People’s Re-14
public of Korea, the following: 15
(1) The name of the United States citizen. 16
(2) A description of the circumstances sur-17
rounding the detention of the United States citizen. 18
(3) An assessment of the health and welfare of 19
the United States citizen. 20
(4) An assessment of whether any United States 21
Government officials or foreign government officials 22
have been provided access to the United States citizen. 23
(5) A summary of any communications or com-24
ments by officials of the Government of the Demo-25
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cratic People’s Republic of Korea regarding the deten-1
tion and welfare of the United States citizen. 2
(6) A summary of official communications by 3
United States Government officials or foreign govern-4
ment officials, or other persons acting on behalf of 5
those officials, regarding the United States citizen, in-6
cluding efforts to secure the release of the United 7
States citizen. 8
(c) FORM OF REPORTS.—Each report required by sub-9
section (a) shall be submitted in unclassified form but may 10
include a classified annex. 11
(d) INTERIM BRIEFINGS.—During periods between the 12
submission of reports under subsection (a), the Secretary 13
of State shall brief the appropriate congressional commit-14
tees on any significant updates on the status and welfare 15
of any United States citizens detained by the Government 16
of the Democratic People’s Republic of Korea. 17
SEC. 105. REPORT AND STRATEGY RELATING TO USE OF 18
ROCKET FUELS FOR BALLISTIC MISSILES BY 19
THE DEMOCRATIC PEOPLE’S REPUBLIC OF 20
KOREA. 21
(a) REPORT REQUIRED.— 22
(1) IN GENERAL.—Not later than 90 days after 23
the date of the enactment of this Act, the Director of 24
National Intelligence, in conjunction with the Sec-25
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retary of State, shall submit to the appropriate con-1
gressional committees a report on the use by the 2
Democratic People’s Republic of Korea of unsymmet-3
rical dimethyl hydrazine and other rocket fuels to 4
power its ballistic missiles. 5
(2) ELEMENTS.—The report required by para-6
graph (1) shall include the following: 7
(A) An assessment of each type of rocket fuel 8
the Democratic People’s Republic of Korea uses, 9
or potentially may use, to power its ballistic 10
missiles, including the chemical precursors, pro-11
duction process, and required production equip-12
ment for each such type of rocket fuel. 13
(B) With respect to each such type of rocket 14
fuel, an assessment of the following: 15
(i) Whether the use of that type of rock-16
et fuel by the Democratic People’s Republic 17
of Korea is prohibited under United Na-18
tions Security Council resolutions, other 19
multilateral sanctions imposed with respect 20
to the Democratic People’s Republic of 21
Korea, or sanctions imposed by the United 22
States with respect to the Democratic Peo-23
ple’s Republic of Korea. 24
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(ii) Whether the Democratic People’s 1
Republic of Korea imports that type of rock-2
et fuel as a finished product or imports 3
chemical precursors and manufactures the 4
finished product. 5
(iii) The countries from which the 6
Democratic People’s Republic of Korea im-7
ports that type of rocket fuel as a finished 8
product or from which the Democratic Peo-9
ple’s Republic of Korea imports the chem-10
ical precursors and equipment to manufac-11
ture that type of rocket fuel. 12
(iv) The size and locations of the 13
Democratic People’s Republic of Korea’s 14
stockpiles, if any, of that type of rocket fuel. 15
(v) Whether that type of rocket fuel can 16
be attributed to its original exporter based 17
on unique chemical signatures or other rel-18
evant identifying information. 19
(3) FORM OF REPORT.—The report required by 20
paragraph (1) shall be submitted in unclassified form 21
but may include a classified annex. 22
(b) STRATEGY REQUIRED.—The Secretary of State, in 23
consultation with the heads of relevant agencies, shall de-24
velop a diplomatic strategy to end the transfer of all rocket 25
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fuels and chemical precursors for rocket fuels to the Demo-1
cratic People’s Republic of Korea. 2
(c) SENSE OF CONGRESS.—It is the sense of Congress 3
that the United States Ambassador to the United Nations 4
should introduce a resolution to the United Nations Secu-5
rity Council— 6
(1) to request that the Panel of Experts on the 7
Democratic People’s Republic of Korea established by 8
United Nations Security Council Resolution 1874 9
(2009) investigate the importation and manufacture 10
by the Democratic People’s Republic of Korea of rock-11
et and ballistic missile fuels, including unsymmetrical 12
dimethyl hydrazine and other fuels or their chemical 13
precursors; and 14
(2) to specifically prohibit the exportation to the 15
Democratic People’s Republic of Korea of unsymmet-16
rical dimethyl hydrazine and any other rocket fuels or 17
precursor chemicals to rocket fuels. 18
SEC. 106. POLICY OF THE UNITED STATES WITH RESPECT 19
TO SANCTIONS WITH RESPECT TO THE DEMO-20
CRATIC PEOPLE’S REPUBLIC OF KOREA. 21
(a) STATEMENT OF POLICY.—It is the policy of the 22
United States that sanctions with respect to activities of 23
the Government of the Democratic People’s Republic of 24
Korea, persons acting for or on behalf of that Government, 25
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or other persons, provided for in Executive Order 13687 (50 1
U.S.C. 1701 note; relating to imposing additional sanctions 2
with respect to North Korea), Executive Order 13694 (50 3
U.S.C. 1701 note; relating to blocking the property of cer-4
tain persons engaging in significant malicious cyber-en-5
abled activities), Executive Order 13722 (50 U.S.C. 1701 6
note; relating to blocking the property of the Government 7
of North Korea and the Workers’ Party of Korea, and pro-8
hibiting certain transactions with respect to North Korea), 9
or Executive Order 13810 (82 Fed. Reg. 44705; relating to 10
imposing additional sanctions with respect to North 11
Korea), as such Executive Orders are in effect on the day 12
before the date of the enactment of this Act, shall remain 13
in effect until the Democratic People’s Republic of Korea 14
is no longer engaged in the illicit activities described in 15
such Executive Orders, including actions in violation of 16
United Nations Security Council Resolutions 1718 (2006), 17
1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 18
(2016), 2371 (2017), and 2375 (2017). 19
(b) RULE OF CONSTRUCTION.—Nothing in this section 20
shall be construed to limit the authority of the President 21
pursuant to the International Emergency Economic Powers 22
Act (50 U.S.C. 1701 et seq.). 23
(c) REPORT.—Not later than 30 days after termi-24
nating any sanction with respect to the activities of the 25
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Government of the Democratic People’s Republic of Korea, 1
a person acting for or on behalf of that Government, or any 2
other person provided for in an Executive order specified 3
in subsection (a), the Secretary of State shall submit to the 4
appropriate congressional committees a report regarding 5
the cessation of illicit activities in violation of United Na-6
tions Security Council Resolutions 1718 (2006), 1874 7
(2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 8
(2016), 2371 (2017), and 2375 (2017) by that Government 9
or that person, as the case may be. 10
SEC. 107. POLICY OF THE UNITED STATES WITH RESPECT 11
TO NEGOTIATION ON DEMOCRATIC PEOPLE’S 12
REPUBLIC OF KOREA’S NUCLEAR AND BAL-13
LISTIC MISSILE PROGRAMS. 14
It is the policy of the United States that the objective 15
of negotiations with respect to the nuclear and ballistic mis-16
sile programs of the Democratic People’s Republic of Korea 17
be the complete, verifiable, and irreversible dismantlement 18
of those programs. 19
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TITLE II—STRATEGY TO AD-1
DRESS THE THREATS POSED 2
BY AND CAPABILITIES OF THE 3
DEMOCRATIC PEOPLE’S RE-4
PUBLIC OF KOREA 5
SEC. 201. REPORT ON A STRATEGY TO ADDRESS THE 6
THREATS POSED BY AND CAPABILITIES OF 7
THE DEMOCRATIC PEOPLE’S REPUBLIC OF 8
KOREA. 9
(a) IN GENERAL.—Not later than 90 days after the 10
date of the enactment of this Act, and every 180 days there-11
after, the Secretary of State or a designee of the Secretary 12
shall submit to the appropriate congressional committees a 13
report on actions taken by the United States to address the 14
threats posed by and capabilities of the Democratic People’s 15
Republic of Korea. 16
(b) ELEMENTS.—Each report required by subsection 17
(a) shall include the following: 18
(1) A summary of ongoing efforts by the United 19
States to identify strategies and policies, including an 20
assessment of the strengths and weaknesses of such 21
strategies and policies, to achieve peaceful 22
denuclearization of the Korean Peninsula and to 23
eliminate the threat posed by the ballistic missile pro-24
gram of the Democratic People’s Republic of Korea. 25
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(2) An assessment of potential roadmaps toward 1
peaceful denuclearization of the Korean Peninsula 2
and the elimination of the nuclear and ballistic mis-3
sile threats posed by the Democratic People’s Republic 4
of Korea, and specific actions the Democratic People’s 5
Republic of Korea would need to take for each such 6
roadmap to become viable. 7
(3) A summary of the United States strategy to 8
increase international coordination and cooperation, 9
whether unilaterally, bilaterally, or multilaterally, in-10
cluding sanctions enforcement and interdiction, to ad-11
dress the threat posed by the nuclear and ballistic 12
missile programs of the Democratic People’s Republic 13
of Korea. That summary shall include the following: 14
(A) A description of the actions taken by 15
the Secretary of State, or designees of the Sec-16
retary, to consult with governments around the 17
world, with the purpose of inducing those govern-18
ments to diplomatically and economically isolate 19
the Democratic People’s Republic of Korea. 20
(B) A description of the actions taken by 21
those governments to implement measures to dip-22
lomatically and economically isolate the Demo-23
cratic People’s Republic of Korea. 24
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(C) A list of countries the governments of 1
which the Secretary has determined to be non-2
cooperative with respect to implementing meas-3
ures to diplomatically and economically isolate 4
the Democratic People’s Republic of Korea. 5
(D) A plan of action to engage, and in-6
crease cooperation with respect to the Democratic 7
People’s Republic of Korea, with the governments 8
of the countries on the list required by subpara-9
graph (C). 10
(4) An assessment of the adequacy of the na-11
tional export control regimes of countries that are 12
members of the United Nations, and multilateral ex-13
port control regimes, that are necessary to enforce 14
sanctions imposed with respect to the Democratic Peo-15
ple’s Republic of Korea pursuant to United Nations 16
Security Council resolutions and an action plan to 17
encourage and assist countries in adopting and using 18
authorities necessary to enforce export controls re-19
quired by United Nations Security Council resolu-20
tions. 21
(c) FORM OF REPORT.—Each report required by sub-22
section (a) shall be submitted in unclassified form but may 23
include a classified annex. 24
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SEC. 202. SENSE OF CONGRESS ON PARTICIPATION IN 1
INTERNATIONAL ORGANIZATIONS BY THE 2
DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA. 3
It is the sense of Congress that representatives of the 4
United States shall use the voice and vote of the United 5
States in all international organizations, as appropriate, 6
to advocate for the expulsion of the Democratic People’s Re-7
public of Korea from such organizations, until such time 8
as the Democratic People’s Republic of Korea meets its com-9
mitments under United Nations Security Council Resolu-10
tions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 11
2270 (2016), 2321 (2016), 2371 (2017), and 2375 (2017). 12
SEC. 203. SENSE OF CONGRESS TO ALTER UNITED STATES 13
RELATIONS WITH COUNTRIES ENABLING THE 14
DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA. 15
It is the sense of Congress that the Secretary of State 16
may take such actions as are necessary to induce countries 17
to take measures to diplomatically and economically isolate 18
the Democratic People’s Republic of Korea, including— 19
(1) reducing the diplomatic presence in the 20
United States of countries the governments of which 21
the Secretary has determined to be noncooperative 22
with respect to implementing measures to diplomati-23
cally and economically isolate the Democratic Peo-24
ple’s Republic of Korea; and 25
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(2) reducing the diplomatic presence of the 1
United States in those countries. 2
SEC. 204. SENSE OF CONGRESS ON TERMINATION OR RE-3
DUCTION OF UNITED STATES FOREIGN AS-4
SISTANCE TO COUNTRIES ENABLING THE 5
DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA. 6
It is the sense of Congress that the Secretary of State 7
may terminate or reduce United States foreign assistance 8
to countries enabling the Democratic People’s Republic of 9
Korea. 10
TITLE III—STRATEGY TO END 11
USE OF NORTH KOREAN LA-12
BORERS BY OTHER COUN-13
TRIES 14
SEC. 301. STRATEGY TO END USE OF NORTH KOREAN LA-15
BORERS BY OTHER COUNTRIES. 16
(a) IN GENERAL.—Not later than 60 days after the 17
date of the enactment of this Act, the Secretary of State 18
shall submit to the appropriate congressional committees a 19
strategy for leveraging the sanctions imposed pursuant to 20
section 302B of the North Korea Sanctions and Policy En-21
hancement Act (22 U.S.C. 9241b) to persuade countries that 22
import North Korean laborers in a manner described in sec-23
tion 104(b)(1)(L) of that Act (22 U.S.C. 9214(b)(1)(L)) to 24
end that practice. 25
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(b) FORM OF REPORT.—The strategy required by sub-1
section (a) shall be submitted in unclassified form but may 2
include a classified annex. 3
TITLE IV—SANCTIONS WITH RE-4
SPECT TO THE DEMOCRATIC 5
PEOPLE’S REPUBLIC OF 6
KOREA 7
SEC. 401. IMPOSITION OF SANCTIONS WITH RESPECT TO 8
SOURCING, MANUFACTURE, TRADE, OR DIS-9
TRIBUTION OF ILLICIT SUBSTANCES. 10
Section 104(b)(1) of the North Korea Sanctions and 11
Policy Enhancement Act of 2016 (22 U.S.C. 9214(b)(1)) is 12
amended— 13
(1) in subparagraph (M), by striking ‘‘; or’’ and 14
inserting a semicolon; 15
(2) in subparagraph (N), by striking the period 16
at the end and inserting ‘‘; or’’; and 17
(3) by adding at the end the following: 18
‘‘(O) knowingly facilitated the sourcing, 19
manufacture, trade, or distribution of illicit sub-20
stances for the purpose of financing or otherwise 21
supporting the nuclear and ballistic missile pro-22
grams of North Korea.’’. 23
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SEC. 402. DESIGNATION OF CERTAIN ENTITIES UNDER THE 1
NORTH KOREA SANCTIONS AND POLICY EN-2
HANCEMENT ACT OF 2016. 3
(a) IN GENERAL.—Not later than 90 days after the 4
date of the enactment of this Act, the President shall submit 5
to the appropriate congressional committees a report that 6
includes the following: 7
(1) A determination with respect to whether rea-8
sonable grounds exist, and an explanation of the rea-9
sons for any determination that such grounds do not 10
exist, to designate, pursuant to section 104 of the 11
North Korea Sanctions and Policy Enhancement Act 12
of 2016 (22 U.S.C. 9214), each of the following: 13
(A) Dandong Xinyang Chemical Rubber Co. 14
(B) Dandong Zhongze Trade Co. Ltd. 15
(C) Hunchun Xinshidai Industry and 16
Trade Co. Ltd. 17
(D) Dandong Qiancang Trading Co. Ltd. 18
(E) Dalian West Pacific Petrochemical. 19
(F) Dandong Hao Du Trading Co. Ltd. 20
(2) A list of entities that, during the 12-month 21
period preceding submission of the report, have im-22
ported or exported any goods, services, or technology 23
to or from the Democratic People’s Republic of Korea 24
valued at more than $1,000,000,000. 25
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(b) FORM.—The report required by subsection (a) shall 1
be submitted in unclassified form but may include a classi-2
fied annex. 3
SEC. 403. REPORT ON EXPORTS OF CRUDE OIL AND PETRO-4
LEUM PRODUCTS TO THE DEMOCRATIC PEO-5
PLE’S REPUBLIC OF KOREA. 6
(a) REPORT REQUIRED.—Not later than 90 days after 7
the date of the enactment of this Act, and every 90 days 8
thereafter, the President shall submit to the appropriate 9
congressional committees a report on exports of crude oil 10
and petroleum products to the Democratic People’s Republic 11
of Korea that includes— 12
(1) an estimate of the total amount of crude oil 13
and petroleum products, by volume and by dollar 14
amount, exported to the Democratic People’s Republic 15
of Korea; and 16
(2) a description of the method of transportation 17
for such crude oil and petroleum products. 18
(b) FORM.—The report required by subsection (a) shall 19
be submitted in unclassified form but may include a classi-20
fied annex. 21
Amend the title so as to read: ‘‘A bill to address the
evolving threats posed by and capabilities of the Demo-
cratic People’s Republic of Korea, to require global eco-
nomic and political pressure to support diplomatic
denuclearization of the Korean Peninsula, and for other
purposes.’’.
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Calendar N
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