,,ii #aafth ,,congress #ast ,session ,s4 #bjej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bh 7legislative day1 ,june #bg71 #bjai,mr4 ,gardner 7for himself and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to require global economic and political pressure to support diplomatic denuclearization of the ,korean ,peninsula1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,leverage to ,enhance ,effective ,diplomacy ,act of #bjai or the ,,leed ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,review of strategy and policy toward the ,democratic ,people's ,republic of ,korea ,sec4 #aja4 ,findings4 ,sec4 #ajb4 ,sense of ,congress4 ,sec4 #ajc4 ,addressing the evolving threats posed by and capabilities of the ,democratic ,people's ,republic of ,korea4 ,sec4 #ajd4 ,briefing on ,united ,states engagement with the ,democratic ,people's ,republic of ,korea4 ,sec4 #aje4 ,briefing and strategy relating to use of rocket fuels for ballistic missiles by the ,democratic ,people's ,republic of ,korea4 ,sec4 #ajf4 ,briefing and strategy relating to efforts by the ,russian ,federation to block enforcement of ,united ,nations sanctions4 ,sec4 #ajg4 ,appropriate congressional committees defined4 ,,title ,,ii--,measures to address the threats posed by and capabilities of the ,democratic ,people's ,republic of ,korea ,sec4 #bja4 ,report on effecting a strategy to diplomatically and economically pressure the ,democratic ,people's ,republic of ,korea4 ,sec4 #bjb4 ,authorization to alter ,united ,states relations with countries enabling the ,democratic ,people's ,republic of ,korea4 ,sec4 #bjc4 ,authorization to terminate or reduce ,united ,states foreign assistance to countries enabling the ,democratic ,people's ,republic of ,korea4 ,sec4 #bjd4 ,appropriate congressional committees defined4 ,,title ,,iii--,strategy to end use of ,north ,korean laborers by other countries ,sec4 #cja4 ,strategy to end use of ,north ,korean laborers and human rights violations4 ,sec4 #cjb4 ,amendment of reporting requirement regarding strategy to promote ,north ,korean human rights4 ,,title ,,iv--,enhancing sanctions with respect to the ,democratic ,people's ,republic of ,korea ,sec4 #dja4 ,sanctions related to enablers of the ,democratic ,people's ,republic of ,korea4 ,sec4 #djb4 ,modification of penalties relating to sanctions4 ,sec4 #djc4 ,enhancement of cargo screening criteria4 ,sec4 #djd4 ,enforcement of ,united ,nations sanctions with respect to crude oil and refined petroleum products4 ,sec4 #dje4 ,sanctions with respect to sourcing1 manufacture1 trade1 or distribution of illicit substances4 ,sec4 #djf4 ,report on certain entities conducting business with the ,democratic ,people's ,republic of ,korea4 ,sec4 #djg4 ,enhancing the review process for changes to sanctions and rulemaking4 ,sec4 #djh4 ,reinforcing global export controls4 ,sec4 #dji4 ,additional resources to detect evasion of sanctions targeting the ,democratic ,people's ,republic of ,korea4 ,sec4 #daj4 ,briefing on evasion of sanctions targeting the ,democratic ,people's ,republic of ,korea4 ,sec4 #daa4 ,briefing on illicit use of virtual currencies by the ,democratic ,people's ,republic of ,korea4 ,sec4 #dab4 ,briefing on cross-border flows of fentanyl and other illicit substances4 ,sec4 #dac4 ,briefing on ,united ,states citizens detained by the ,democratic ,people's ,republic of ,korea4 ,sec4 #dad4 ,addition of discussion of sanctions evasion to annual report of the ,united ,states-,china ,economic and ,security ,review ,commission4 ,sec4 #dae4 ,exception relating to importation of goods4 ,sec4 #daf4 ,appropriate congressional committees defined4 ,sec4 #dag4 ,effective date4 ,,title ,v--,miscellaneous ,sec4 #eja4 ,authority to consolidate reports and briefings4 ,i ,review of strategy and policy toward the ,democratic ,people's ,republic of ,korea #aja4 ,findings ,congress makes the following findings3 7#a7 ,the ,government of the ,democratic ,people's ,republic of ,korea has flagrantly defied the international community by illicitly developing its nuclear and ballistic missile programs1 in violation of ,united ,nations ,security ,council ,resolutions #agah 7#bjjf71 #ahgd 7#bjji71 #bjhg 7#bjac71 #bjid 7#bjac71 #bbgj 7#bjaf71 #bcba 7#bjaf71 #bcga 7#bjag71 #bcge 7#bjag71 and #bcig 7#bjag74 7#b7 ,the ,march #e1 #bjai1 report of the ,panel of ,experts established pursuant to ,united ,nations ,security ,council ,resolution #ahgd 7#bjji7 highlighted several deficiencies in the enforcement of sanctions with respect to the ,democratic ,people's ,republic of ,korea4 7#c7 ,the ,panel of ,experts report illustrated that the ,people's ,republic of ,china and the ,russian ,federation are among those countries not fully implementing multilateral sanctions and that the ,russian ,federation has impeded efforts by the ,united ,states to expose and address illegal ship-to-ship transfers4 7#d7 ,despite known deficiencies in global sanctions implementation1 the pace of ,united ,states sanctions designations with respect to the ,democratic ,people's ,republic of ,korea has slowed noticeably1 even as relevant ,united ,states law1 including the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibja et seq47 and the ,asia ,reassurance ,initiative ,act of #bjah 7,public ,law #aae-dji71 mandates the imposition of ,united ,states sanctions for behaviors described in the ,panel of ,experts report1 including human rights violations and malign activities in cyberspace4 #ajb4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states is committed to the peaceful pursuit of the complete1 verifiable1 and irreversible dismantlement of the illicit weapons programs of the ,democratic ,people's ,republic of ,korea through a combination of pressure and engagement2 7#b7 meaningful advancement in relations between the ,united ,states and the ,democratic ,people's ,republic of ,korea is directly contingent on significant progress by the ,democratic ,people's ,republic of ,korea toward dismantling its weapons of mass destruction and associated delivery systems1 ceasing its human rights violations1 complying with ,united ,nations ,security ,council resolutions1 repatriating ,united ,states citizens and the citizens of other countries1 instituting political openness1 and establishing financial transparency2 and 7#c7 the ,democratic ,people's ,republic of ,korea should immediately resume efforts to identify and return the remains of members of the ,armed ,forces of the ,united ,states killed in action during the ,korean ,war1 and should immediately return to the ,united ,states the ,u4,s4,s4 ,pueblo1 illegally captured by the ,democratic ,people's ,republic of ,korea on ,january #bc1 #aifh4 #ajc4 ,addressing the evolving threats posed by and capabilities of the ,democratic ,people's ,republic of ,korea 7a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 and every #ahj days thereafter until the date that is #b years after such date of enactment1 the ,director of ,national ,intelligence1 in consultation with the ,secretary of ,state and the ,secretary of ,defense1 and1 as appropriate1 the ,secretary of the ,treasury and the ,administrator of the ,drug ,enforcement ,administration1 shall brief the appropriate congressional committees on-- 7#a7 the evolving threats posed by and capabilities of the ,democratic ,people's ,republic of ,korea2 and 7#b7 ,united ,states efforts to mitigate and respond to those threats and capabilities4 7b7 ,elements ,each briefing under subsection 7a7 shall address the following3 7#a7 ,an assessment of the status of the nuclear and ballistic missile programs of the ,democratic ,people's ,republic of ,korea1 including what elements constitute such programs1 and any technological advancements1 disruptions1 or setbacks to such programs during-- 7,a7 in the case of the first such briefing1 the #fj-;day period preceding the briefing2 and 7,b7 in the case of any subsequent such briefing1 the #ahj-;day period preceding the briefing4 7#b7 ,an assessment of the sources1 methods1 and funding mechanisms of the ,democratic ,people's ,republic of ,korea for procuring critical components for its nuclear and ballistic missile programs1 including liquid and solid rocket fuels and components1 navigation and guidance systems1 computer and electrical components1 and specialized materials4 7#c7 ,an assessment of-- 7,a7 the cyber capabilities of the ,democratic ,people's ,republic of ,korea1 including its efforts to conduct cyber and corporate espionage1 to commit illicit commercial and financial activities through international cyber systems1 and to suppress opposition to and spread propaganda in support of its nuclear and ballistic missile activities2 and 7,b7 any foreign entities that may be enhancing the capacity of the ,democratic ,people's ,republic of ,korea to conduct malicious cyber-enabled activities1 including by providing internet infrastructure4 7#d7 ,a summary of activities of the ,democratic ,people's ,republic of ,korea relating to evading sanctions imposed by the ,united ,states or the ,united ,nations ,security ,council1 including an assessment of the sourcing1 manufacture1 trade1 or distribution of methamphetamines1 narcotics 7including opioids such as fentanyl71 and other illicit substances and any associated precursor chemicals1 including by state-owned entities1 other entities 7including universities71 and individuals1 for the purpose of financing or otherwise supporting the nuclear and ballistic missile programs of the ,democratic ,people's ,republic of ,korea4 #ajd4 ,briefing on ,united ,states engagement with the ,democratic ,people's ,republic of ,korea ,not later than #cj days after the date of the enactment of this ,act1 and regularly thereafter until the date that is #b years after such date of enactment1 the ,secretary of ,state 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 ,korea1 including with respect to efforts to secure the release of ,united ,states citizens detained in the ,democratic ,people's ,republic of ,korea4 #aje4 ,briefing and strategy relating to use of rocket fuels for ballistic missiles by the ,democratic ,people's ,republic of ,korea 7a7 ,briefing required 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in conjunction with the ,secretary of ,state1 shall brief the appropriate congressional committees on the use by the ,democratic ,people's ,republic of ,korea of unsymmetrical dimethyl hydrazine1 solid fuels1 and other rocket fuels to power its ballistic missiles4 7#b7 ,elements ,the briefing under paragraph 7#a7 shall include the following3 7,a7 ,an assessment of each type of rocket fuel the ,democratic ,people's ,republic of ,korea uses1 or potentially may use1 to power its ballistic missiles1 including the chemical precursors1 production process1 and required production equipment for each such type of rocket fuel4 7,b7 ,with respect to each such type of rocket fuel1 an assessment of the following3 7i7 ,whether the use of that type of rocket fuel by the ,democratic ,people's ,republic of ,korea is prohibited under ,united ,nations ,security ,council resolutions1 other multilateral sanctions imposed with respect to the ,democratic ,people's ,republic of ,korea1 or sanctions imposed by the ,united ,states with respect to the ,democratic ,people's ,republic of ,korea4 7ii7 ,whether the ,democratic ,people's ,republic of ,korea imports that type of rocket fuel as a finished product or imports chemical precursors and manufactures the finished product4 7iii7 ,the countries from which the ,democratic ,people's ,republic of ,korea imports that type of rocket fuel as a finished product or from which the ,democratic ,people's ,republic of ,korea imports the chemical precursors and equipment to manufacture that type of rocket fuel4 7iv7 ,the size and locations of the ,democratic ,people's ,republic of ,korea's stockpiles1 if any1 of that type of rocket fuel4 7v7 ,whether that type of rocket fuel can be attributed to its original exporter based on unique chemical signatures or other relevant identifying information4 7b7 ,strategy required ,the ,secretary of ,state1 in consultation with the heads of relevant agencies1 shall develop a diplomatic strategy to end the transfer of all rocket fuels and chemical precursors for rocket fuels to the ,democratic ,people's ,republic of ,korea4 7c7 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states ,ambassador to the ,united ,nations should introduce a resolution to the ,united ,nations ,security ,council to request that the ,panel of ,experts on the ,democratic ,people's ,republic of ,korea established by ,united ,nations ,security ,council ,resolution #ahgd 7#bjji7 investigate the importation and manufacture by the ,democratic ,people's ,republic of ,korea of rocket and ballistic missile fuels1 including unsymmetrical dimethyl hydrazine1 solid fuels1 and other fuels or their chemical precursors4 #ajf4 ,briefing and strategy relating to efforts by the ,russian ,federation to block enforcement of ,united ,nations sanctions 7a7 ,briefing required 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall brief the appropriate congressional committees on the efforts of the ,russian ,federation to undercut enforcement of ,united ,nations sanctions with respect to the ,democratic ,people's ,republic of ,korea1 with particular focus on the limit set by the ,united ,nations ,security ,council on the supply1 sale1 or transfer to the ,democratic ,people's ,republic of ,korea of all refined petroleum products in excess of an aggregate amount of #ejj1jjj barrels during any #ab-month period beginning on or after ,january #a1 #bjah4 7#b7 ,elements ,the briefing under paragraph 7#a7 shall include the following3 7,a7 ,an assessment of the likelihood that the patterns of behavior illustrated by ,annexes #a-c to the ,march #e1 #bjai1 report of the ,panel of ,experts established pursuant to ,united ,nations ,security ,council ,resolution #ahgd 7#bjji71 including efforts of the ,russian ,federation to dismiss findings1 will continue4 7,b7 ,a description of steps being taken to ensure1 despite the opposition of the ,russian ,federation1 a timely decision by the ,united ,nations ,security ,council to act to halt all refined petroleum product exports to the ,democratic ,people's ,republic of ,korea in each #ab-month period that the limit described in paragraph 7#a7 is exceeded4 7,c7 ,a description of any other ,united ,nations sanctions with respect to the ,democratic ,people's ,republic of ,korea being disregarded or actively undercut by the ,russian ,federation4 7b7 ,strategy required ,the ,secretary of ,state1 in consultation with the heads of relevant agencies1 shall develop a diplomatic strategy to counter efforts by the ,russian ,federation to undercut enforcement of ,united ,nations sanctions1 including the limit described in subsection 7a77#a71 with respect to the ,democratic ,people's ,republic of ,korea4 #ajg4 ,appropriate congressional committees defined ,in this title1 the term appropriate congressional committees means the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 ,,ii ,measures to address the threats posed by and capabilities of the ,democratic ,people's ,republic of ,korea #bja4 ,report on effecting a strategy to diplomatically and economically pressure the ,democratic ,people's ,republic of ,korea 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and every #ahj days thereafter1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on actions taken by the ,united ,states to diplomatically and economically pressure the ,democratic ,people's ,republic of ,korea4 7b7 ,elements ,each report required by subsection 7a7 shall include the following3 7#a7 ,a description of the actions taken by the ,secretary of ,state to consult with governments around the world1 with the purpose of inducing those governments to diplomatically and economically pressure the ,democratic ,people's ,republic of ,korea4 7#b7 ,a description of the actions taken by those governments to implement measures to diplomatically and economically pressure the ,democratic ,people's ,republic of ,korea4 7#c7 ,a list of countries the governments of which the ,secretary has determined to be noncooperative with respect to implementing measures to diplomatically and economically pressure the ,democratic ,people's ,republic of ,korea4 7#d7 ,a plan of action to engage with1 and increase cooperation with respect to the ,democratic ,people's ,republic of ,korea by1 the governments of the countries on the list required by paragraph 7#c74 7c7 ,form of report ,each report required by subsection 7a7 shall be submitted in unclassified form but may include a classified annex4 #bjb4 ,authorization to alter ,united ,states relations with countries enabling the ,democratic ,people's ,republic of ,korea 7a7 ,in general ,the ,secretary of ,state may take such actions as are necessary to induce countries on the list required by section #bja7;b77#c7 to take measures to diplomatically and economically pressure the ,democratic ,people's ,republic of ,korea4 7b7 ,actions included ,actions described in subsection 7a7 may include-- 7#a7 reduction of the diplomatic presence in the ,united ,states of countries on the list required by section #bja7;b77#c72 and 7#b7 reduction of the diplomatic presence of the ,united ,states in those countries4 7c7 ,consultation ,not less than #ae days before taking any action under subsection 7a71 the ,secretary shall consult with the appropriate congressional committees with respect to the action4 7d7 ,sense of congress ,it is the sense of ,congress that inaction by certain countries in the ,indo-,pacific region to reduce cooperation with the ,democratic ,people's ,republic of ,korea hinders the deepening of strategic relationships with the ,united ,states4 #bjc4 ,authorization to terminate or reduce ,united ,states foreign assistance to countries enabling the ,democratic ,people's ,republic of ,korea 7a7 ,in general ,the ,secretary of ,state may terminate or reduce ,united ,states foreign assistance to countries on the list required by section #bja7;b77#c74 7b7 ,assistance included ,assistance terminated or reduced under subsection 7a7 may include-- 7#a7 assistance under chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdf et seq42 relating to the ,economic ,support ,fund72 7#b7 military assistance provided pursuant to section #bc of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfc2 relating to the ,foreign ,military ,financing ,program72 and 7#c7 assistance provided under chapter #e of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdg et seq42 relating to international military education and training74 7c7 ,consultation ,not less than #ae days before taking any action under subsection 7a71 the ,secretary shall consult with the appropriate congressional committees with respect to the action4 7d7 ,sense of congress ,it is the sense of ,congress that inaction by certain countries in the ,indo-,pacific region to reduce cooperation with the ,democratic ,people's ,republic of ,korea hinders the deepening of strategic relationships with the ,united ,states4 #bjd4 ,appropriate congressional committees defined ,in this title1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 ,,iii ,strategy to end use of ,north ,korean laborers by other countries #cja4 ,strategy to end use of ,north ,korean laborers and human rights violations 7a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,state shall brief the appropriate congressional committees on a strategy for leveraging the sanctions imposed pursuant to section #cjb;,b of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibda;b7 to convince countries that import ,north ,korean laborers in a manner described in section #ajd7;b77#a77,l7 of that ,act 7#bb ,u4,s4,c4 #ibad7;b77#a77,l77 to end that practice4 7b7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives4 #cjb4 ,amendment of reporting requirement regarding strategy to promote ,north ,korean human rights 7#a7 ,in general ,section #cjb7;b7 of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibda7;b77 is amended-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking #ajd7;b77#a77,m74 and inserting #ajd7;b77#a77,l72 and2 and 7,c7 by adding at the end the following new paragraphs3 7#d7 a list of countries that have not repatriated to the ,democratic ,people's ,republic of ,korea-- 7,a7 all nationals of the ,democratic ,people's ,republic of ,korea earning income in their jurisdictions2 and 7,b7 all safety oversight attachs of the ,democratic ,people's ,republic of ,korea2 and 7#e7 for each country on the list required by paragraph 7#d7-- 7,a7 a list of the entities that employ significant numbers of nationals of the ,democratic ,people's ,republic of ,korea earning income in the jurisdiction of that country2 and 7,b7 an assessment of which national or local government agencies and officials are involved in facilitating the work1 presence1 or authorization for work of nationals of the ,democratic ,people's ,republic of ,korea earning income in the jurisdiction of the country and of safety oversight attachs of the ,democratic ,people's ,republic of ,korea4 4 7#b7 ,frequency of reports clarified ,section #cjb7;a7 of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibda7;a77 is amended by striking periodically and inserting every #abj days4 ,,iv ,enhancing sanctions with respect to the ,democratic ,people's ,republic of ,korea #dja4 ,sanctions related to enablers of the ,democratic ,people's ,republic of ,korea ,section #ajd7;d7 of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibad7;d77 is amended to read as follows3 7d7 ,application to certain persons1 subsidiaries1 and agents ,the designation of a person under subsection 7a7 or 7b7 and the blocking of property and interests in property under subsection 7c7 shall apply with respect to a person who is determined-- 7#a7 to be owned or controlled by1 or to have acted or purported to have acted for or on behalf of1 directly or indirectly1 any person whose property and interests in property are blocked pursuant to this section2 or 7#b7 to knowingly assist1 sponsor1 or provide significant financial1 material1 or technological support to or for a person designated under-- 7,a7 subsection 7a7 or 7b72 7,b7 an applicable ,executive order2 or 7,c7 an applicable ,united ,nations ,security ,council resolution4 4 #djb4 ,modification of penalties relating to sanctions ,section #ajd7;f7 of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibad7;f77 is amended to read as follows3 7f7 ,penalties 7#a7 ,prohibited conduct ,it shall be unlawful for any person-- 7,a7 to engage in1 conspire or attempt to engage in1 or cause any of the conduct described in paragraphs 7#a7 through 7#ad7 of subsection 7a72 7,b7 to knowingly evade or avoid a prohibition on such conduct or the imposition of a sanction or penalty relating to such conduct2 or 7,c7 to violate1 attempt to violate1 conspire to violate1 or cause a violation of any license1 order1 regulation1 or prohibition issued to carry out this section4 7#b7 ,civil penalties ,a person who engages in an unlawful act described in paragraph 7#a7 shall be subject to a civil penalty in an amount not to exceed the greater of-- 7,a7 #ejj1jjj2 or 7,b7 an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed4 7#c7 ,criminal penalties ,a person who willfully engages in an unlawful act described in paragraph 7#a7 shall1 upon conviction1 be fined not more than #a1jjj1jjj and1 in the case of an individual1 imprisoned for not more than #bj years1 or both4 7#d7 ,rule of construction ,the civil and criminal penalties under paragraphs 7#b7 and 7#c7 for engaging an unlawful act described in paragraph 7#a7 shall be imposed with respect to a person without regard to whether the ,president has designated the person for the imposition of sanctions under this section or pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq474 4 #djc4 ,enhancement of cargo screening criteria ,section #bje7;c77#a7 of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibbe7;c77#a77 is amended-- 7#a7 in subparagraph 7,b71 by striking 2 or and inserting a semicolon2 7#b7 in subparagraph 7,c71 by striking the period and inserting 2 or2 and 7#c7 by adding at the end the following3 7,d7 originates in a jurisdiction or a geographical area that the ,secretary determines is otherwise of concern with respect to evasion of sanctions mandated with respect to ,north ,korea4 4 #djd4 ,enforcement of ,united ,nations sanctions with respect to crude oil and refined petroleum products 7a7 ,in general ,title ,,ii of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibba et seq47 is amended by inserting the following3 #bab4 ,enforcement of ,united ,nations sanctions with respect to crude oil and refined petroleum products 7a7 ,in general ,the ,president shall impose one or more of the sanctions described in subsection 7c7 on a person described in subsection 7b74 7b7 ,person described ,a person described in this subsection is a person that-- 7#a7 the ,president determines knowingly1 on or after the date of the enactment of the ,leverage to ,enhance ,effective ,diplomacy ,act of #bjai1 directly or indirectly1 supplies1 sells1 or transfers crude oil to any entity or instrumentality of the ,government of ,north ,korea or any person representing that government2 and 7#b7 is organized under the laws of a jurisdiction that the ,president determines to have exported more than the aggregate amount of #d1jjj1jjj barrels of crude oil during any #ab-month period to ,north ,korea4 7c7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,asset blocking ,the ,president may block and prohibit all transactions in all property and interests in property of a person described in subsection 7b7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,ban on investment in equity or debt ,the ,president may1 pursuant to such regulations or guidelines as the ,president may prescribe1 prohibit any ,united ,states person from investing in or purchasing significant amounts of equity or debt instruments of the person described in subsection 7b74 7#c7 ,exclusion of corporate officers ,the ,president may direct the ,secretary of ,state to deny a visa to1 and the ,secretary of ,homeland ,security to exclude from the ,united ,states1 any alien that the ,president determines is a corporate officer or principal of1 or a shareholder with a controlling interest in1 the person described in subsection 7b74 7#d7 ,sanctions on principal executive officers ,the ,president may impose on the principal executive officer or officers of the person described in subsection 7b71 or on persons performing similar functions and with similar authorities as such officer or officers1 any of the sanctions under this subsection4 7d7 ,waivers 7#a7 ,efforts to enforce united nations limits ,the ,president may waive the application of sanctions under subsection 7a7 if the ,president certifies to ,congress that the jurisdiction described in subsection 7b77#b7 is applying appropriate effort to-- 7,a7 fulfill its obligation under international law to prohibit its nationals1 individuals otherwise subject to its jurisdiction1 entities incorporated in its territory or subject to its jurisdiction1 and vessels flying its flag from facilitating or engaging in ship-to-ship transfers to or from ,north ,korea-flagged vessels of any goods or items that are being supplied1 sold1 or transferred to or from ,north ,korea1 including refined petroleum products and coal2 and 7,b7 reduce1 towards the limit established by the ,united ,nations ,security ,council1 the aggregate amount of crude oil exported from or re-exported through the jurisdiction to ,north ,korea4 7#b7 ,national security ,the ,president may waive the application of sanctions under subsection 7a7 if the ,president certifies to ,congress that the waiver is important to the national security interest of the ,united ,states4 7#c7 ,briefing required ,if the ,president waives the application of sanctions under paragraph 7#a7 or 7#b71 the ,president shall brief the following committees on the waiver3 7,a7 ,the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,foreign ,relations of the ,senate4 7,b7 ,the ,committee on ,financial ,services and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7e7 ,united ,states person defined ,in this section1 the term ,united ,states person means-- 7#a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7#b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 4 7b7 ,clerical amendment ,the table of contents for the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf is amended by inserting after the item relating to section #baa the following3 ,sec4 #bab4 ,enforcement of ,united ,nations sanctions with respect to crude oil and refined petroleum products4 4 #dje4 ,sanctions with respect to sourcing1 manufacture1 trade1 or distribution of illicit substances ,section #ajd7;a77#f7 of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibad7;a77#f77 is amended by striking narcotics trafficking and inserting trafficking of1 or facilitation of the souring1 manufacture1 trade1 or distribution of methamphetamines1 narcotics including opioids such as fentanyl1 and other illicit substances14 #djf4 ,report on certain entities conducting business with the ,democratic ,people's ,republic of ,korea 7a7 ,in general ,not later than #ij days after the date of the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a report that includes the following3 7#a7 ,a list of entities that1 during the #ab-month period preceding submission of the report1 have imported or exported any goods1 services1 or technology to or from the ,democratic ,people's ,republic of ,korea valued at more than #ajj1jjj1jjj4 7#b7 ,a list of entities in the ,people's ,republic of ,china1 the ,russian ,federation1 and other countries outside of the ,democratic ,people's ,republic of ,korea that are known to employ significant numbers of laborers from the ,democratic ,people's ,republic of ,korea4 7#c7 ,for each country that hosts significant numbers of such laborers1 a list of specific economic sectors in which such laborers are most commonly used4 7b7 ,form ,the report required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7c7 ,briefing ,the ,president shall brief the appropriate congressional committees1 in a classified setting if necessary1 not later than #cj days after the delivery of the report required by subsection 7a7 on whether the entities identified in subsection 7a77#b7 meet the criteria for designation for the imposition of sanctions under applicable provisions of law4 #djg4 ,enhancing the review process for changes to sanctions and rulemaking ,section #bjh of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7#bb ,u4,s4,c4 #ibbh7 is amended by adding at the end the following3 7e7 ,certification requirement for removal of certain persons from the list of specially designated nationals and blocked persons 7#a7 ,in general ,on and after the date of the enactment of the ,leverage to ,enhance ,effective ,diplomacy ,act of #bjai1 the ,president may not remove a person described in paragraph 7#b7 from the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,asset ,control of the ,department of the ,treasury unless and until the ,president submits to the appropriate congressional committees a certification described in paragraph 7#c7 with respect to the person4 7#b7 ,persons described ,a person described in this paragraph is a person the property and interests in property of which are blocked pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 under this ,act1 an applicable ,executive order1 or an applicable ,united ,nations ,security ,council resolution4 7#c7 ,certification described ,a certification described in this paragraph with respect to a person is a certification that the person is not engaging in conduct-- 7,a7 for which the person was included on the list of specially designated nationals and blocked persons by the ,office of ,foreign ,assets ,control2 or 7,b7 that violates applicable ,united ,states or international laws4 7#d7 ,form ,a certification described in paragraph 7#c7 shall be submitted in unclassified form1 but may include a classified annex4 7f7 ,certification requirement for removal of designation of ,north ,korea as a jurisdiction of primary money laundering concern 7#a7 ,in general ,the ,president may not terminate the designation of ,north ,korea as a jurisdiction of primary money laundering concern pursuant to section #ecah;,a of title #ca1 ,united ,states ,code1 unless the ,president submits to the appropriate congressional committees a certification described in paragraph 7#b7 with respect to ,north ,korea4 7#b7 ,certification described ,a certification described in this paragraph is a certification that the ,government of ,north ,korea-- 7,a7 is no longer using state-controlled financial institutions and front companies to conduct transactions that support the proliferation of weapons of mass destruction and ballistic missiles2 7,b7 has instituted sufficient bank supervision and controls with respect to anti-money laundering and combating the financing of terrorism2 7,c7 is cooperating with ,united ,states law enforcement and regulatory officials in obtaining information about transactions originating in or routed through or to ,north ,korea2 and 7,d7 is no longer relying on the illicit and corrupt activity of high-level officials to support its government4 7#c7 ,form ,the certification described in paragraph 7#b7 shall be submitted in unclassified form1 but may include a classified annex4 7g7 ,applicability of congressional review of certain agency rulemaking relating to ,north ,korea ,notwithstanding any other provision of law1 any rule to amend or otherwise alter any provision of part #eaj of title #ca1 ,code of ,federal ,regulations1 that is published on or after the date of the enactment of the ,leverage to ,enhance ,effective ,diplomacy ,act of #bjai shall be deemed to be a rule or major rule 7as the case may be7 for purposes of chapter #h of title #e1 ,united ,states ,code1 and shall be subject to all applicable requirements of that chapter4 4 #djh4 ,reinforcing global export controls ,there are authorized to be appropriated to the ,secretary of ,state such sums as may be necessary to assess and1 where necessary1 to enhance the adequacy of the export control regimes of ,united ,nations member countries1 including through the use of action plans to encourage and assist countries in adopting and using authorities necessary to enforce sanctions and export controls required by ,united ,nations ,security ,council resolutions4 #dji4 ,additional resources to detect evasion of sanctions targeting the ,democratic ,people's ,republic of ,korea 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,state and the ,secretary of the ,treasury such sums as may be necessary to enhance the ability of the ,department of ,state and the ,department of the ,treasury to detect evasion of sanctions targeting the ,democratic ,people's ,republic of ,korea1 including through actions described in subsection 7b74 7b7 ,assignment of detailees ,the ,secretary of the ,treasury should assign one additional detailee to each ,united ,states embassy or consulate in each country that the ,secretary1 in consultation with the ,secretary of ,state1 assesses to be commonly linked to evasion of sanctions targeting the ,democratic ,people's ,republic of ,korea4 7c7 ,sense of congress ,it is the sense of ,congress that the ,united ,states should devote additional maritime patrol and reconnaissance aircraft to areas known to be associated with maritime forms of sanctions evasion by the ,democratic ,people's ,republic of ,korea1 including ship-to-ship transfers of refined petroleum products1 oil1 coal1 and other goods and the export of arms by the ,democratic ,people's ,republic of ,korea1 to enhance the capability of the ,united ,states to detect and publicize such activities4 #daj4 ,briefing on evasion of sanctions targeting the ,democratic ,people's ,republic of ,korea 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter until the date that is #e years after such date of enactment1 the ,secretary of ,state and the ,secretary of the ,treasury shall brief the appropriate congressional committees regarding evasion of sanctions targeting the ,democratic ,people's ,republic of ,korea4 7b7 ,elements ,each briefing required by subsection 7a7 shall-- 7#a7 cover each country described in section #dji7;b7 by discussing any known or suspected cases or types of sanctions evasion that implicate that country2 and 7#b7 be based on the input of detailees assigned as described in that section4 #daa4 ,briefing on illicit use of virtual currencies by the ,democratic ,people's ,republic of ,korea 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall brief the appropriate congressional committees on the illicit use of virtual currencies by the ,democratic ,people's ,republic of ,korea4 7b7 ,elements ,the briefing required by subsection 7a7 shall-- 7#a7 to the extent possible1 provide an estimate of the amount of fiat currency that the ,democratic ,people's ,republic of ,korea has been able to generate as of the date of the briefing through conversion of virtual currency obtained by illicit means including cyberattacks2 7#b7 describe known pathways through which the ,democratic ,people's ,republic of ,korea executes such conversions1 with an emphasis on identifying virtual currency exchanges used by the ,democratic ,people's ,republic of ,korea or its agents2 and 7#c7 cover any known instances of purchases of goods or services by the ,democratic ,people's ,republic of ,korea using virtual currency without converting that currency to fiat currency before the purchases4 #dab4 ,briefing on cross-border flows of fentanyl and other illicit substances 7a7 ,in general ,not later than #ahj days after the date of the date of the enactment of this ,act1 the ,secretary of the ,treasury shall brief the appropriate congressional committees on the methods by which the ,democratic ,people's ,republic of ,korea produces and exports methamphetamines and other narcotics1 including opioids such as fentanyl4 7b7 ,elements ,the briefing required by subsection 7a7 shall-- 7#a7 provide estimates of the amounts of illicit substances exported by the ,democratic ,people's ,republic of ,korea and the associated revenues2 7#b7 describe known pathways through which the ,democratic ,people's ,republic of ,korea procures precursors for and conducts exports of such substances1 with particular focus on exports into the ,people's ,republic of ,china2 and 7#c7 assess the extent to which such pathways differ from pathways used by the ,democratic ,people's ,republic of ,korea to export arms and other goods the export of which is prohibited4 #dac4 ,briefing on ,united ,states citizens detained by the ,democratic ,people's ,republic of ,korea 7a7 ,in general ,notwithstanding any other provision of law1 not later than #cj days after the date of the enactment of this ,act1 and every #ahj days thereafter until the date that is #b years after such date of enactment1 the ,secretary of ,state shall brief the appropriate congressional committees on ,united ,states citizens detained by the ,government of the ,democratic ,people's ,republic of ,korea1 including ,united ,states citizens who are also citizens of other countries4 7b7 ,elements ,each briefing required by subsection 7a7 shall1 to the extent practicable and appropriate1 include1 with respect to each ,united ,states citizen detained by the ,government of the ,democratic ,people's ,republic of ,korea1 the following3 7#a7 ,the name of the ,united ,states citizen4 7#b7 ,a description of the circumstances surrounding the detention of the ,united ,states citizen4 7#c7 ,an assessment of the health and welfare of the ,united ,states citizen4 7#d7 ,an assessment of whether any ,united ,states ,government officials or foreign government officials have been provided access to the ,united ,states citizen4 7#e7 ,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 citizen4 7#f7 ,a summary of official communications by ,united ,states ,government officials or foreign government officials1 or other persons acting on behalf of those officials1 regarding the ,united ,states citizen1 including efforts to secure the release of the ,united ,states citizen4 7c7 ,interim briefings ,during periods between briefings under subsection 7a71 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 ,korea4 #dad4 ,addition of discussion of sanctions evasion to annual report of the ,united ,states-,china ,economic and ,security ,review ,commission ,section #abch7;c77#b7 of the ,floyd ,d4 ,spence ,national ,defense ,authorization ,act for ,fiscal ,year #bjja 7as enacted into law by ,public ,law #ajf-cih2 #bb ,u4,s4,c4 #gjjb7;c77#b77 is amended by adding at the end the following3 7,l7 ,the evasion of sanctions targeting the ,democratic ,people's ,republic of ,korea by or involving the ,people's ,republic of ,china4 4 #dae4 ,exception relating to importation of goods 7a7 ,in general ,no provision affecting sanctions under this title or an amendment made by this title shall apply to sanctions on the importation of goods4 7b7 ,good defined ,in this section1 the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 #daf4 ,appropriate congressional committees defined ,in this title1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives4 #dag4 ,effective date ,the amendments made by this title shall take effect on the date of the enactment of this ,act and apply with respect to conduct engaged on or after such date of enactment4 ,v ,miscellaneous #eja4 ,authority to consolidate reports and briefings ,any reports or briefings required to be submitted to ,congress under this ,act or any amendments made by this ,act that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report or briefing4 ,the consolidated report or briefing shall contain all information required under this ,act or any amendment made by this ,act with respect to the reports comprising such consolidated report or briefing4