S.Amdt. 1056

SA 1056. Mr. GARDNER (for himself, Mr. Markey, and Mr. Rubio)
submitted an amendment intended to be proposed to amendment SA 1003
proposed by Mr. McCain (for himself and Mr. Reed) to the bill H.R.
2810, to authorize appropriations for fiscal year 2018 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

Subtitle H--Matters Relating to the Democratic People's Republic of
Korea

PART I--SANCTIONS WITH RESPECT TO THE DEMOCRATIC PEOPLE'S REPUBLIC OF
KOREA AND ITS ENABLERS

SEC. 1290. FINDINGS.

Congress makes the following findings:
(1) The Government of the Democratic People's Republic of
Korea has flagrantly defied the international community by
illicitly developing its nuclear and ballistic missile
programs, in violation of United Nations Security Council
Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094
(2013), 2270 (2016), 2321 (2016), 2371 (2017), and 2375
(2017).
(2) The Government of the Democratic People's Republic of
Korea engages in gross human rights abuses against its own
people and citizens of other countries, including the United
States, the Republic of Korea, and Japan.
(3) The United States is committed to pursuing a peaceful
denuclearization of the Democratic People's Republic of Korea
through a policy of maximum pressure and engagement, in close
concert with its partners.

SEC. 1291. SANCTIONS WITH RESPECT TO THE GOVERNMENT OF THE
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA AND ITS
ENABLERS.

(a) Blocking of Property.--On and after the date that is
180 days after the date of the enactment of this Act, the
President shall block and prohibit all transactions in all
property and interests in property of a person described in
subsection (d) if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(b) Facilitation of Certain Transactions.--The President
shall prohibit the opening, and prohibit or impose strict
conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by a
foreign financial institution that the President determines
has knowingly, on or after the date that is 180 days after
the date of the enactment of this Act, conducted or
facilitated a significant transaction with respect to the
importation, exportation, sale, or transfer of goods or
services to or from the Democratic People's Republic of Korea
on behalf of a person described in subsection (d).
(c) Importation, Exportation, Sale, or Transfer of Goods
and Services.--The President shall impose sanctions pursuant
to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) with respect to a person if the President
determines that the person knowingly, on or after the date
that is 180 days after the date of the enactment of this Act,
imports, exports, purchases, or transfers goods or services
to or from a person described in subsection (d).
(d) Persons Described.--A person described in this
subsection is any of the following:
(1) The Government of the Democratic People's Republic of
Korea or any political subdivision, agency, or
instrumentality of that Government.
(2) Any person owned or controlled, directly or indirectly,
by that Government.
(3) Any person acting or purporting to act, directly or
indirectly, for or on behalf of that Government.
(4) The following entities:
(A) Dandong Zhicheng Metallic Material Co. Ltd.
(B) Dandong Kehua Economic and Trade Co.
(C) Dandong Xinyang Chemical Rubber Co.
(D) Dandong Zhongze Trade Co. Ltd.
(E) Dandong Tianfu Trade Co. Ltd.
(F) Hunchun Xinshidai Industry and Trade Co. Ltd.
(G) Dandong Qiancang Trading Co. Ltd.
(H) China Dawn Garment (Dalian) Co. Ltd.
(I) Dalian West Pacific Petrochemical.
(J) Dandong Hao Du Trading Co. Ltd.
(5) Any person affiliated with an entity described in
paragraph (4).
(6) Any person affiliated with an entity identified by the
Secretary of the Treasury as a significant importer or
exporter of goods and services to or from the Democratic
People's Republic of Korea.
(7) Any person who knowingly unloads, loads, services,
fuels, maintains, provides insurance or reinsurance for, or
otherwise engages in a significant transaction with a vessel
owned, operated, or controlled by the Government of the
Democratic People's Republic of Korea or any political
subdivision, agency, or instrumentality of that Government.
(8) Any person who knowingly engages in a significant
transaction with a person owned, operated, or controlled by
the Government of the Democratic People's Republic of Korea
or any political subdivision, agency, or instrumentality of
that Government
(e) Exemptions.--The following activities are exempt from
sanctions under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091
et seq.).
(2) Authorized intelligence activities of the United
States.
(3) Activities necessary to comply with United States
obligations under the Agreement between the United Nations
and the United States of America regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, the Convention on
Consular Relations, done at Vienna April 24, 1963, and
entered into force March 19, 1967, or any other international
agreement.
(4) Activities incidental to the POW/MIA accounting mission
in the Democratic People's Republic of Korea, including
activities by the Defense POW/MIA Accounting Agency and other
governmental or nongovernmental organizations tasked with
identifying or recovering the remains of members of the
United States Armed Forces in the Democratic People's
Republic of Korea.
(f) Waivers.--
(1) In general.--The President may waive the application of
sanctions under this section with respect to a person if the
President--
(A) determines that the person is no longer engaged in
sanctionable activities; or
(B) determines that the waiver is in the national security
interest of the United States; and
(C) submits to the appropriate congressional committees a
report on the determination and the reasons for the
determination.
(2) Humanitarian waiver.--
(A) In general.--The President may waive, for renewable
periods of not less than 30 days and not more than one year,
the application of sanctions under this section if the
President submits to the appropriate congressional committees
a written determination that the waiver is necessary for
humanitarian assistance or to carry out the humanitarian
purposes set forth in section 4 of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7802).
(B) Content of written determination.--A written
determination submitted under subparagraph (A) with respect
to a waiver shall include a description of all notification
and accountability controls that have been employed in order
to ensure that the activities covered by the waiver are
humanitarian assistance or are carried out for the purposes
set forth in section 4 of the North Korean Human Rights Act
of 2004 (22 U.S.C. 7802) and do not entail any activities in
the Democratic People's Republic of Korea or dealings with
the Government of the Democratic People's Republic of Korea
not reasonably related to humanitarian assistance or those
purposes.
(C) Clarification of permitted activities.--An
internationally recognized humanitarian organization shall
not be subject to sanctions under this section for--
(i) engaging in a financial transaction relating to
humanitarian assistance or for humanitarian purposes pursuant
to a waiver issued under subparagraph (A);
(ii) transporting goods or services that are necessary to
carry out operations relating to humanitarian assistance or
humanitarian purposes pursuant to such a waiver; or
(iii) having merely incidental contact, in the course of
providing humanitarian assistance or aid for humanitarian
purposes pursuant to such a waiver, with individuals who are
under the control of a foreign person subject to sanctions
under this section.
(g) Rule of Construction.--A person described in subsection
(d) is subject to sanctions under this section without regard
to whether the name of the person is published in the Federal
Register or incorporated into the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury.
(h) Reports.--
(1) In general.--Not later than 210 days after the date of
the enactment of this Act, and every 90 days thereafter, the
President

[[Page S5703]]

shall submit to the appropriate congressional committees a
list of persons (including foreign financial institutions)
with respect to which sanctions are imposed--
(A) in the case of the first list, before the submission of
the list; and
(B) in the case of any subsequent list, during the 90 days
preceding the submission of the list.
(2) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(B) Public availability.--The unclassified portion of the
list required by paragraph (1) shall be made available to the
public and posted on the websites of the Department of the
Treasury and the Department of State.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(2) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-through
account'' have the meanings given those terms in section
5318A of title 31, United States Code.
(3) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 561.308 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
(4) Humanitarian assistance.--The term ``humanitarian
assistance'' means assistance to meet humanitarian needs,
including needs for food, medicine, medical supplies,
clothing, and shelter.
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; and
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.

SEC. 1292. PROHIBITION ON IMPORT OF AND SANCTIONS WITH
RESPECT TO GOODS MADE WITH NORTH KOREAN LABOR.

(a) Prohibition on Import of Goods Made With North Korean
Labor.--
(1) In general.--Except as provided in paragraph (2), any
significant goods, wares, articles, or merchandise mined,
produced, or manufactured wholly or in part by the labor of
nationals or citizens of the Democratic People's Republic of
Korea shall be deemed to be mined, produced, or manufactured,
as the case may be, by convict labor, forced labor, or
indentured labor under penal sanctions for purposes of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and
shall not be entitled to entry at any of the ports of the
United States.
(2) Exception.--The prohibition under paragraph (1) shall
not apply to goods, wares, articles, or merchandise if the
Commissioner of U.S. Customs and Border Protection finds, by
clear and convincing evidence, that the goods, wares,
articles, or merchandise were not produced with trafficked
labor, convict labor, forced labor, or indentured labor under
penal sanctions.
(b) Sanctions With Respect to Persons That Use North Korean
Labor.--The President shall, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block
and prohibit all transactions in property and interests in
property of a person that the President determines mines,
produces, or manufactures goods, wares, articles, or
merchandise prohibited from entry into the United States
under subsection (a), if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person (as defined in section 1291).
(c) Trafficked Labor Defined.--In this section, the term
``trafficked labor'' means labor or services procured through
the recruitment, harboring, transportation, provision, or
obtaining of a person through the use of force, fraud, or
coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
(d) Report Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees (as defined in section 1291) a report on--
(A) the number, location, working conditions, and type of
industry of nationals or citizens of the Democratic People's
Republic of Korea working in other countries as laborers;
(B) the trends of usage, by country, of labor of nationals
or citizens of the Democratic People's Republic of Korea
during the 50-year period preceding the submission of the
report;
(C) the amount of revenue generated by the Government of
the Democratic People's Republic of Korea relating to
laborers described in subparagraph (A); and
(D) how that Government moves that revenue from other
countries into the Democratic People's Republic of Korea.
(2) Form of report; public availability.--
(A) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(B) Public availability.--The unclassified portion of the
report required by paragraph (1) shall be made available to
the public and posted on publicly available Internet websites
of the Department of the Treasury and the Department of
State.

SEC. 1293. MANDATORY DISCLOSURE OF INVESTMENTS IN THE
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA AND OTHER
SANCTIONABLE ACTIVITIES.

(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Securities and Exchange
Commission shall prescribe regulations requiring each issuer
to disclose annually, beginning with the issuer's first
fiscal year that begins after the date on which those
regulations are prescribed, whether the issuer or any
affiliate of the issuer--
(1) knowingly made any investments in the Democratic
People's Republic of Korea; or
(2) knowingly engaged in any other activities that may be
subject to sanctions under section 1291 or 1292.
(b) Information Required.--If an issuer or an affiliate of
the issuer has engaged in any activity described in
subsection (a), the issuer shall, in accordance with the
regulations prescribed by the Commission under that
subsection, disclose a detailed description of each such
activity, including--
(1) the nature and extent of the activity;
(2) the gross revenues and net profits, if any,
attributable to the activity; and
(3) whether the issuer or the affiliate of the issuer (as
the case may be) intends to continue the activity.
(c) Notice of Disclosures.--If an issuer reports under
subsection (a) that the issuer or an affiliate of the issuer
has knowingly engaged in any activity described in that
subsection, the issuer shall separately file with the
Commission, concurrently with its annual or quarterly report,
a notice that the disclosure of that activity has been
included in that annual or quarterly report that identifies
the issuer and contains the information required by
subsection (b).
(d) Public Disclosure of Information.--Upon receiving a
notice under subsection (c) that an annual or quarterly
report includes a disclosure of an activity described in
subsection (a), the Commission shall promptly--
(1) transmit the report to--
(A) the President; and
(B) the appropriate congressional committees; and
(2) make the information provided in the disclosure and the
notice available to the public by posting the information on
a publicly available Internet website of the Commission.
(e) Investigations.--Upon receiving a report under
subsection (d) that includes a disclosure of an activity
described in subsection (a), the President shall--
(1) initiate an investigation into the possible imposition
of sanctions under any provision of law relating to the
imposition of sanctions with respect to the Democratic
People's Republic of Korea; and
(2) not later than 180 days after initiating such an
investigation, make a determination with respect to whether
sanctions should be imposed with respect to the issuer or the
affiliate of the issuer (as the case may be).
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(2) Issuer.--The term ``issuer'' has the meaning given that
term in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.

PART II--REAUTHORIZATION OF NORTH KOREAN HUMAN RIGHTS ACT OF 2004

SEC. 1294. SHORT TITLE.

This part may be cited as the ``North Korean Human Rights
Reauthorization Act of 2017''.

SEC. 1295. FINDINGS.

Congress makes the following findings:
(1) In 2014, the United Nations Commission of Inquiry (in
this section referred to as the ``COI'') on Human Rights in
the Democratic People's Republic of Korea found that the
grave human rights violations still being perpetrated against
the people of the Democratic People's Republic of Korea, due
to policies established at the highest level of the state,
amount to crimes against humanity. Crimes include forced
starvation, sexual violence against women and children,
restrictions on freedom of movement, arbitrary detention,
torture, executions, and enforced disappearances, among other
hardships.
(2) The COI also noted that the Government of the People's
Republic of China is aiding and abetting in crimes against
humanity by forcibly repatriating North Korean refugees back
to the Democratic People's Republic of Korea. Upon
repatriation,

[[Page S5704]]

North Koreans are sent to prison camps, tortured, or even
executed. The Government of the People's Republic of China's
forcible repatriation of North Korean refugees violates its
obligation to uphold the principle of non-refoulement, under
the United Nations Convention Relating to the Status of
Refugees, done at Geneva July 28, 1951 (as made applicable by
the Protocol Relating to the Status of Refugees, done at New
York January 31, 1967 (19 UST 6223)).
(3) Estimates from the COI suggest that between 80,000 and
120,000 people are believed to be imprisoned in political
prison camps in the Democratic People's Republic of Korea.
Another 70,000 are believed to be held at other detention
facilities. Prisoners in both situations are subject to harsh
conditions, limited food, sexual abuse, and in most cases
hard labor.
(4) One of the most overlooked findings of the COI report
was the persecution of religious minorities, especially
Christians. There is effectively no freedom of religion in
the Democratic People's Republic of Korea, only worship of
the Kim family. Christians are subjected to particularly
acute persecution. It has been reported that Christians in
the Democratic People's Republic of Korea have been tortured,
forcibly detained, and even executed for possessing a Bible
or professing Christianity.
(5) The Democratic People's Republic of Korea profits from
its human rights abuses. One report from the Asan Institute
for Policy Studies suggests that there are nearly 50,000
North Korean workers forced to labor overseas, sometimes
without compensation, and for as much as 20 hours at a time.
Workers that received compensation were not to be paid more
than $150 per month, which is between 10 to 20 percent of the
value of the labor they performed. Based on this report, the
regime may profit as much as $360,000,000 annually from just
50,000 laborers.
(6) On July 6, 2016, the United States imposed sanctions on
North Korean leader Kim Jong Un and other senior North Korean
officials for human rights violations as required by the
North Korea Sanctions and Policy Enhancement Act of 2016
(Public Law 114-122). This was the first time that the United
States had designated North Korean entities for human rights
abuses.
(7) The North Korea Sanctions and Policy Enhancement Act of
2016 (Public Law 114-122) requires the President to impose
mandatory penalties under United States law on any person
that ``knowingly engages in, is responsible for, or
facilitates serious human rights abuses by the Government of
North Korea''.
(8) Although the United States Refugee Admissions Program
remains the largest in the world by far, the United States
has resettled only 174 refugees from the Democratic People's
Republic of Korea between January 2008 and January 2017.
Since the enactment of the North Korea Human Rights
Reauthorization Act of 2008 (Public Law 110-346), the United
States has resettled a total of 212 refugees from the
Democratic People's Republic of Korea.

SEC. 1296. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the United States Government should continue to make it
a priority to improve information access in the Democratic
People's Republic of Korea by exploring the use of new and
emerging technologies and expanding nongovernmental radio
broadcasting to the Democratic People's Republic of Korea,
including news and information, to increase information
dissemination in the Democratic People's Republic of Korea;
(2) in an effort to more efficiently and actively
participate in humanitarian burden-sharing, the Governments
of the United States and the Republic of Korea should commit
to revisit and explore new opportunities for coordinating
efforts to plan for a potential humanitarian and human rights
disaster;
(3) the United Nations has a significant role to play in
promoting and improving human rights in the Democratic
People's Republic of Korea and should press for access for
the Special Rapporteur on the situation of human rights in
the Democratic People's Republic of Korea as well as the
United Nations High Commissioner for Human Rights;
(4) because refugees among North Koreans fleeing into the
People's Republic of China face severe punishments upon their
forcible return, the United States should urge the Government
of the People's Republic of China to--
(A) immediately halt its forcible repatriation of North
Koreans;
(B) fulfill its obligations pursuant to the 1951 United
Nations Convention Relating to the Status of Refugees, the
1967 Protocol Relating to the Status of Refugees, and the
1995 Agreement on the Upgrading of the UNHCR Mission in the
People's Republic of China;
(C) allow the United Nations High Commissioner for Refugees
(UNHCR) unimpeded access to North Koreans inside China to
determine whether they are refugees and whether they require
assistance;
(D) address the concerns of the United Nations Committee
against Torture by incorporating the principle of non-
refoulement into domestic legislation; and
(E) recognize the legal status of North Korean women who
marry or have children with Chinese citizens, and ensure that
all such children are granted resident status and access to
education and other public services in accordance with
Chinese law and international standards;
(5) the President should continue to designate all
individuals found to have committed violations described in
section 104(a) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 2914(a)), regarding
complicity in censorship and human right abuses; and
(6) United States citizens should not travel to the
Democratic People's Republic of Korea, and the Department of
State should launch a public awareness campaign about the
risks and dangers of such travel.

SEC. 1297. RADIO BROADCASTING TO THE DEMOCRATIC PEOPLE'S
REPUBLIC OF KOREA.

Section 103(a) of the North Korean Human Rights Act of 2004
(22 U.S.C. 7813(a)) is amended--
(1) by striking ``that the United States should
facilitate'' and inserting the following: ``that the United
States should--
``(1) facilitate'';
(2) in paragraph (1), as redesignated by paragraph (1) of
this section--
(A) by striking ``radio broadcasting'' and inserting
``broadcasting, including news rebroadcasting,''; and
(B) by striking ``increase broadcasts'' and inserting
``increase such broadcasts, including news rebroadcasts,'';
and
(C) by striking ``Voice of America.'' and inserting the
following: ``Voice of America; and''; and
(3) by adding at the end the following new paragraph:
``(2) expand funding for nongovernmental organization
broadcasting efforts, prioritizing organizations that engage
North Korean defectors in programming and broadcast
services.''.

SEC. 1298. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

Section 104(a) of the North Korean Human Rights Act of 2004
(22 U.S.C. 7814(a)) is amended--
(1) by striking ``The President'' and inserting the
following:
``(1) In general.--The President'';
(2) by inserting ``, USB drives, micro SD cards, audio
players, video players, cell phones, wi-fi, wireless
internet, webpages, internet, wireless telecommunications,
and other electronic media that shares information'' before
the period at the end; and
(3) by adding at the end the following new paragraphs:
``(2) Distribution.--In accordance with the sense of
Congress described in section 103, the President, acting
through the Secretary of State, is authorized to distribute
or provide grants to distribute information receiving
devices, electronically readable devices, and other
informational sources into North Korea, including devices and
informational sources specified in paragraph (1). To carry
out this paragraph, the President is authorized to issue
regulations to facilitate the free-flow of information into
North Korea.
``(3) Research and development grant program.--In
accordance with the authorization described in paragraphs (1)
and (2) to increase the availability and distribution of
sources of information inside North Korea, the President,
acting through the Secretary of State, is authorized to
establish a grant program to make grants to eligible entities
to develop or distribute (or both) new products or methods to
allow North Koreans easier access to outside information.
Such program may involve public-private partnerships.
``(4) Culture.--In accordance with the sense of Congress
described in section 103, the Broadcasting Board of Governors
may broadcast American, Korean, Chinese, and other popular
music, television, movies, and popular cultural references as
part of its programming.
``(5) Rights and laws.--In accordance with the sense of
Congress described in section 103, the Broadcasting Board of
Governors shall broadcast to North Korea in the Korean
language information on rights, laws, and freedoms afforded
through the North Korean Constitution, the Universal
Declaration of Human Rights, the United Nations Commission of
Inquiry on Human Rights in the Democratic People's Republic
of Korea, and any other applicable treaties or international
agreements to which North Korea is bound.
``(6) Focus on religious minorities.--Efforts to improve
information access under this subsection should give priority
to religious communities and should be coordinated with the
Office of International Religious Freedom to ensure maximum
impact in improving the rights of religious persons in North
Korea.
``(7) Broadcasting report.--Not later than--
``(A) 180 days after the date of the enactment of this
paragraph, the Secretary of State, in consultation with the
Broadcasting Board of Governors, shall submit to the
appropriate congressional committees a report that sets forth
a detailed plan for improving broadcasting content for the
purpose of targeting new audiences and increasing
listenership; and
``(B) 1 year after the date of the enactment of this
paragraph and annually thereafter for each of the next five
years, the Secretary of State, in consultation with the
Broadcasting Board of Governors, shall submit to the
appropriate congressional committees a report including--

[[Page S5705]]

``(i) a description of the effectiveness of actions taken
pursuant to this section, including data reflecting audience
and listenership, device distribution and usage, and
technological development and advancement usage;
``(ii) the amount of funds expended by the United States
Government pursuant to section 403; and
``(iii) other appropriate information necessary to fully
inform Congress of efforts related to this section.''.

SEC. 1299. REAUTHORIZATION PROVISIONS.

(a) Support for Human Rights and Democracy Programs.--
Section 102 of the North Korean Human Rights Act of 2004 (22
U.S.C. 7812(b)(1)) is amended--
(1) in subsection (a), by adding at the end the following:
``The President is also authorized to provide grants to
entities to undertake research on the Democratic People's
Republic of Korea's denial of human rights, including on the
political and military chains of command responsible for
authorizing and implementing systemic human rights abuses,
including at prison camps and detention facilities where
political prisoners are held.''; and
(2) in subsection (b)(1), by striking ``2017'' and
inserting ``2022''.
(b) Actions to Promote Freedom of Information.--Subsections
(b)(1) and (c) of section 104 of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7814) are amended by striking
``2017'' and inserting ``2022'' each place it appears.
(c) Special Envoy on North Korean Human Rights Issues.--
Section 107(d) of the North Korean Human Rights Act of 2004
(22 U.S.C. 7817(d)) is amended by striking ``2017'' and
inserting ``2022''.
(d) Report on United States Humanitarian Assistance.--
Section 201 of the North Korean Human Rights Act of 2004 (22
U.S.C. 7831 is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2017'' and inserting ``2022'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Needs Assessment.--The report shall include a needs
assessment to inform the distribution of humanitarian
assistance inside North Korea.''.
(e) Assistance Provided Outside of North Korea.--Section
203(c)(1) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7833(c)(1)) is amended by striking ``2013 through
2017'' and inserting ``2018 through 2022''.
(f) Annual Reports.--Section 305(a) of the North Korean
Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in
the matter preceding paragraph (1) by striking ``2017'' and
inserting ``2022''.

PART III--REVIEW OF POLICY TOWARD THE DEMOCRATIC PEOPLE'S REPUBLIC OF
KOREA

SEC. 1299A. ADDRESSING THE NUCLEAR AND BALLISTIC MISSILE
THREAT POSED BY THE DEMOCRATIC PEOPLE'S
REPUBLIC OF KOREA.

(a) In General.--Not later than 60 days after the date of
the enactment of this Act, and every 90 days thereafter, the
President shall submit to the appropriate congressional
committees a report on the efforts of the President to
achieve peaceful denuclearization of the Korean Peninsula and
to eliminate the threat posed by the ballistic missile
program of the Democratic People's Republic of Korea.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) A description of the President's overall policy
objectives with regard to the Democratic People's Republic of
Korea.
(2) An assessment by the intelligence community (as defined
in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4))) of the status of the nuclear and ballistic
missile programs of the Democratic People's Republic of
Korea, including what elements constitute such programs, and
any technological advancements, disruptions, or setbacks to
such programs.
(3) A summary of all sanctions imposed by the United States
with respect to the Democratic People's Republic of Korea
relating to its nuclear and ballistic missile programs
pursuant to all applicable statutes, regulations, and
Executive orders and a strategy outlining how the President
intends to use those authorities to impose additional
sanctions with respect to the Democratic People's Republic of
Korea if necessary.
(4) A summary of all sanctions designations by the United
Nations Security Council pursuant to all applicable United
Nations Security Council resolutions.
(5) An assessment of and strategy for countering the cyber
capabilities of the Democratic People's Republic of Korea,
including its efforts to conduct cyber and corporate
espionage, to commit illicit commercial and financial
activities through international cyber systems, and to
suppress opposition to and spread propaganda in support of
the nuclear and ballistic missile activities of the
Democratic People's Republic of Korea.
(6) A summary of activities of the Democratic People's
Republic of Korea relating to evading sanctions imposed with
respect to its nuclear and ballistic missile programs.
(7) An assessment of the sources of, and the methods of the
Democratic People's Republic of Korea for procuring, critical
components for its nuclear and ballistic missile programs,
including liquid and solid rocket fuels and components,
navigation and guidance systems, computer and electrical
components, and specialized materials.
(8) A summary of the United States strategy to increase
international coordination and cooperation, whether
unilaterally, bilaterally, or multilaterally, including
sanctions enforcement and interdiction, to address the threat
posed by the nuclear and ballistic missile programs of the
Democratic People's Republic of Korea.
(9) An assessment of the adequacy of the national export
control regimes of countries that are members of the United
Nations, and multilateral export control regimes, that are
necessary to enforce sanctions imposed with respect to the
Democratic People's Republic of Korea pursuant to United
Nations Security Council resolutions and an action plan to
encourage and assist countries in adopting and using
authorities necessary to enforce export controls required by
United Nations Security Council resolutions.
(10) A summary of ongoing efforts by the United States to
identify strategies and policies, including an assessment of
the strengths and weaknesses of such strategies and policies,
to achieve peaceful denuclearization of the Korean Peninsula
and to eliminate the threat posed by the ballistic missile
program of the Democratic People's Republic of Korea.
(11) An assessment of potential roadmaps toward peaceful
denuclearization of the Korean Peninsula and the elimination
of the nuclear and ballistic missile threats posted by the
Democratic People's Republic of Korea, and specific actions
the Democratic People's Republic of Korea would need to take
for each such roadmap to become viable.
(12) A description of specific measures that the President
has taken, or anticipates taking, to implement the ``maximum
pressure and engagement'' policy.
(c) Form of Report.--Each report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.

SEC. 1299B. BRIEFINGS ON UNITED STATES ENGAGEMENT WITH THE
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.

Not later than 30 days after the date of the enactment of
this Act, and regularly thereafter, the Secretary of State or
a designee of the Secretary shall brief the appropriate
congressional committees on the status of any United States
diplomatic engagement with the Government of the Democratic
People's Republic of Korea.

SEC. 1299C. REPORT ON UNITED STATES CITIZENS DETAINED BY THE
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.

(a) In General.--Notwithstanding any other provision of
law, not later than 30 days after the date of the enactment
of this Act, and every 180 days thereafter, the Secretary of
State shall submit to the appropriate congressional
committees a report on United States citizens detained by the
Government of the Democratic People's Republic of Korea,
including United States citizens who are also citizens of
other countries.
(b) Elements.--Each report required by subsection (a) shall
include, with respect to each United States citizen detained
by the Government of the Democratic People's Republic of
Korea, the following:
(1) The name of the United States citizen.
(2) A description of the circumstances surrounding the
detention of the United States citizen.
(3) An assessment of the health and welfare of the United
States citizen.
(4) An assessment of whether any United States Government
or foreign government officials have been provided access to
the United States citizen.
(5) A summary of any communications or comments by
officials of the Government of the Democratic People's
Republic of Korea regarding the detention and welfare of the
United States citizen.
(6) A summary of official communications by United States
Government officials or foreign government officials, or
other persons acting on behalf of those officials regarding
the United States citizen, including efforts to secure the
release of the United States citizen.
(7) A summary of unofficial communications by other persons
with officials of the Government of the Democratic People's
Republic of Korea regarding the United States citizen,
including efforts to secure the release of the United States
citizen.
(c) Form of Reports.--Each report required by subsection
(a) shall be submitted in unclassified form but may include a
classified annex.
(d) Interim Briefings.--During periods between the
submission of reports under subsection (a), the Secretary of
State shall brief the appropriate congressional committees on
any significant updates on the status and welfare of any
United States citizens detained by the Government of the
Democratic People's Republic of Korea.

SEC. 1299D. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this part, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.

[[Page S5706]]

PART IV--STRATEGY TO DIPLOMATICALLY AND ECONOMICALLY ISOLATE THE
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

SEC. 1299E. REPORT ON EFFECTING A STRATEGY TO DIPLOMATICALLY
AND ECONOMICALLY ISOLATE THE DEMOCRATIC
PEOPLE'S REPUBLIC OF KOREA.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State or a designee of the Secretary shall
submit to the appropriate congressional committees a report
on actions taken by the United States to diplomatically and
economically isolate the Democratic People's Republic of
Korea.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) A description of the actions taken by the Secretary of
State, or designees of the Secretary, to consult with
governments around the world, with the purpose of inducing
those governments to diplomatically and economically isolate
the Democratic People's Republic of Korea.
(2) A description of the actions taken by those governments
to implement measures to diplomatically and economically
isolate the Democratic People's Republic of Korea.
(3) A list of countries the governments of which the
Secretary has determined to be noncooperative with respect to
implementing measures to diplomatically and economically
isolate the Democratic People's Republic of Korea.
(4) A plan of action to engage with, and increase
cooperation with respect to the Democratic People's Republic
of Korea, by the governments of the countries on the list
required by paragraph (3).
(c) Form of Report.--Each report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.

SEC. 1299F. AUTHORIZATION TO ALTER UNITED STATES RELATIONS
WITH COUNTRIES ENABLING THE DEMOCRATIC PEOPLE'S
REPUBLIC OF KOREA.

(a) In General.--The Secretary of State may take such
actions as are necessary to induce countries to take measures
to diplomatically and economically isolate the Democratic
People's Republic of Korea on the list required by section
1299E(b)(3).
(b) Actions Included.--Actions described in subsection (a)
may include--
(1) reduction of the diplomatic presence in the United
States of countries on the list required by section
1299E(b)(3); and
(2) reduction of the diplomatic presence of the United
States in those countries.
(c) Consultation.--Not less than 15 days before taking any
action under subsection (a), the Secretary shall consult with
the appropriate congressional committees with respect to the
action.

SEC. 1299G. AUTHORIZATION TO TERMINATE OR REDUCE UNITED
STATES FOREIGN ASSISTANCE TO COUNTRIES ENABLING
THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.

(a) In General.--The Secretary of State may terminate or
reduce United States foreign assistance to countries on the
list required by section 1299E(b)(3).
(b) Assistance Included.--Assistance terminated or reduced
under subsection (a) may include--
(1) assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to
the Economic Support Fund);
(2) military assistance provided pursuant to section 23 of
the Arms Export Control Act (22 U.S.C. 2763; relating to the
Foreign Military Financing Program); and
(3) assistance provided under chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.;
relating to international military education and training).
(c) Consultation.--Not less than 15 days before taking any
action under subsection (a), the Secretary shall consult with
the appropriate congressional committees with respect to the
action.

SEC. 1299H. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this part, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.

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