LEED Act

II 116TH CONGRESS 1ST SESSION S. 2050 To require global economic and political pressure to support diplomatic denuclearization of the Korean Peninsula, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 28 (legislative day, JUNE 27), 2019 Mr. GARDNER (for himself and Mr. MARKEY) introduced the following bill; 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 Peninsula, and for other purposes. 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 2019’’ 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. VerDate Sep 11 2014 22:10 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 2 •S 2050 IS TITLE I—REVIEW OF STRATEGY AND POLICY TOWARD THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Sec. 101. Findings. Sec. 102. Sense of Congress. Sec. 103. Addressing the evolving threats posed by and capabilities of the Democratic People’s Republic of Korea. Sec. 104. Briefing on United States engagement with the Democratic People’s Republic of Korea. Sec. 105. Briefing and strategy relating to use of rocket fuels for ballistic mis- siles by the Democratic People’s Republic of Korea. Sec. 106. Briefing and strategy relating to efforts by the Russian Federation to block enforcement of United Nations sanctions. Sec. 107. Appropriate congressional committees defined. TITLE II—MEASURES TO ADDRESS THE THREATS POSED BY AND CAPABILITIES OF THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Sec. 201. Report on effecting a strategy to diplomatically and economically pressure the Democratic People’s Republic of Korea. Sec. 202. Authorization to alter United States relations with countries enabling the Democratic People’s Republic of Korea. Sec. 203. Authorization to terminate or reduce United States foreign assistance to countries enabling the Democratic People’s Republic of Korea. Sec. 204. Appropriate congressional committees defined. TITLE III—STRATEGY TO END USE OF NORTH KOREAN LABORERS BY OTHER COUNTRIES Sec. 301. Strategy to end use of North Korean laborers and human rights vio- lations. Sec. 302. Amendment of reporting requirement regarding strategy to promote North Korean human rights. TITLE IV—ENHANCING SANCTIONS WITH RESPECT TO THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Sec. 401. Sanctions related to enablers of the Democratic People’s Republic of Korea. Sec. 402. Modification of penalties relating to sanctions. Sec. 403. Enhancement of cargo screening criteria. Sec. 404. Enforcement of United Nations sanctions with respect to crude oil and refined petroleum products. Sec. 405. Sanctions with respect to sourcing, manufacture, trade, or distribu- tion of illicit substances. Sec. 406. Report on certain entities conducting business with the Democratic People’s Republic of Korea. Sec. 407. Enhancing the review process for changes to sanctions and rule- making. Sec. 408. Reinforcing global export controls. Sec. 409. Additional resources to detect evasion of sanctions targeting the Democratic People’s Republic of Korea. Sec. 410. Briefing on evasion of sanctions targeting the Democratic People’s Republic of Korea. VerDate Sep 11 2014 22:10 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 3 •S 2050 IS Sec. 411. Briefing on illicit use of virtual currencies by the Democratic People’s Republic of Korea. Sec. 412. Briefing on cross-border flows of fentanyl and other illicit substances. Sec. 413. Briefing on United States citizens detained by the Democratic Peo- ple’s Republic of Korea. Sec. 414. Addition of discussion of sanctions evasion to annual report of the United States-China Economic and Security Review Commis- sion. Sec. 415. Exception relating to importation of goods. Sec. 416. Appropriate congressional committees defined. Sec. 417. Effective date. TITLE V—MISCELLANEOUS Sec. 501. Authority to consolidate reports and briefings. TITLE I—REVIEW OF STRATEGY 1 AND POLICY TOWARD THE 2 DEMOCRATIC PEOPLE’S RE- 3 PUBLIC OF KOREA 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), 2375 (2017), 13 and 2397 (2017). 14 (2) The March 5, 2019, report of the Panel of 15 Experts established pursuant to United Nations Se- 16 curity Council Resolution 1874 (2009) highlighted 17 several deficiencies in the enforcement of sanctions 18 VerDate Sep 11 2014 22:10 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 4 •S 2050 IS with respect to the Democratic People’s Republic of 1 Korea. 2 (3) The Panel of Experts report illustrated that 3 the People’s Republic of China and the Russian 4 Federation are among those countries not fully im- 5 plementing multilateral sanctions and that the Rus- 6 sian Federation has impeded efforts by the United 7 States to expose and address illegal ship-to-ship 8 transfers. 9 (4) Despite known deficiencies in global sanc- 10 tions implementation, the pace of United States 11 sanctions designations with respect to the Demo- 12 cratic People’s Republic of Korea has slowed notice- 13 ably, even as relevant United States law, including 14 the North Korea Sanctions and Policy Enhancement 15 Act of 2016 (22 U.S.C. 9201 et seq.) and the Asia 16 Reassurance Initiative Act of 2018 (Public Law 17 115–409), mandates the imposition of United States 18 sanctions for behaviors described in the Panel of Ex- 19 perts report, including human rights violations and 20 malign activities in cyberspace. 21 SEC. 102. SENSE OF CONGRESS. 22 It is the sense of Congress that— 23 (1) the United States is committed to the 24 peaceful pursuit of the complete, verifiable, and irre- 25 VerDate Sep 11 2014 22:10 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 5 •S 2050 IS versible dismantlement of the illicit weapons pro- 1 grams of the Democratic People’s Republic of Korea 2 through a combination of pressure and engagement; 3 (2) meaningful advancement in relations be- 4 tween the United States and the Democratic Peo- 5 ple’s Republic of Korea is directly contingent on sig- 6 nificant progress by the Democratic People’s Repub- 7 lic of Korea toward dismantling its weapons of mass 8 destruction and associated delivery systems, ceasing 9 its human rights violations, complying with United 10 Nations Security Council resolutions, repatriating 11 United States citizens and the citizens of other 12 countries, instituting political openness, and estab- 13 lishing financial transparency; and 14 (3) the Democratic People’s Republic of Korea 15 should immediately resume efforts to identify and 16 return the remains of members of the Armed Forces 17 of the United States killed in action during the Ko- 18 rean War, and should immediately return to the 19 United States the U.S.S. Pueblo, illegally captured 20 by the Democratic People’s Republic of Korea on 21 January 23, 1968. 22 VerDate Sep 11 2014 21:39 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 6 •S 2050 IS SEC. 103. ADDRESSING THE EVOLVING THREATS POSED BY 1 AND CAPABILITIES OF THE DEMOCRATIC 2 PEOPLE’S REPUBLIC OF KOREA. 3 (a) IN GENERAL.—Not later than 60 days after the 4 date of the enactment of this Act, and every 180 days 5 thereafter until the date that is 2 years after such date 6 of enactment, the Director of National Intelligence, in con- 7 sultation with the Secretary of State and the Secretary 8 of Defense, and, as appropriate, the Secretary of the 9 Treasury and the Administrator of the Drug Enforcement 10 Administration, shall brief the appropriate congressional 11 committees on— 12 (1) the evolving threats posed by and capabili- 13 ties of the Democratic People’s Republic of Korea; 14 and 15 (2) United States efforts to mitigate and re- 16 spond to those threats and capabilities. 17 (b) ELEMENTS.—Each briefing under subsection (a) 18 shall address the following: 19 (1) An assessment of the status of the nuclear 20 and ballistic missile programs of the Democratic 21 People’s Republic of Korea, including what elements 22 constitute such programs, and any technological ad- 23 vancements, disruptions, or setbacks to such pro- 24 grams during— 25 VerDate Sep 11 2014 22:10 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 7 •S 2050 IS (A) in the case of the first such briefing, 1 the 60-day period preceding the briefing; and 2 (B) in the case of any subsequent such 3 briefing, the 180-day period preceding the brief- 4 ing. 5 (2) An assessment of the sources, methods, and 6 funding mechanisms of the Democratic People’s Re- 7 public of Korea for procuring critical components for 8 its nuclear and ballistic missile programs, including 9 liquid and solid rocket fuels and components, naviga- 10 tion and guidance systems, computer and electrical 11 components, and specialized materials. 12 (3) An assessment of— 13 (A) the cyber capabilities of the Demo- 14 cratic People’s Republic of Korea, including its 15 efforts to conduct cyber and corporate espio- 16 nage, to commit illicit commercial and financial 17 activities through international cyber systems, 18 and to suppress opposition to and spread propa- 19 ganda in support of its nuclear and ballistic 20 missile activities; and 21 (B) any foreign entities that may be en- 22 hancing the capacity of the Democratic People’s 23 Republic of Korea to conduct malicious cyber- 24 VerDate Sep 11 2014 22:10 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 8 •S 2050 IS enabled activities, including by providing inter- 1 net infrastructure. 2 (4) A summary of activities of the Democratic 3 People’s Republic of Korea relating to evading sanc- 4 tions imposed by the United States or the United 5 Nations Security Council, including an assessment 6 of the sourcing, manufacture, trade, or distribution 7 of methamphetamines, narcotics (including opioids 8 such as fentanyl), and other illicit substances and 9 any associated precursor chemicals, including by 10 state-owned entities, other entities (including univer- 11 sities), and individuals, for the purpose of financing 12 or otherwise supporting the nuclear and ballistic 13 missile programs of the Democratic People’s Repub- 14 lic of Korea. 15 SEC. 104. BRIEFING ON UNITED STATES ENGAGEMENT 16 WITH THE DEMOCRATIC PEOPLE’S REPUBLIC 17 OF KOREA. 18 Not later than 30 days after the date of the enact- 19 ment of this Act, and regularly thereafter until the date 20 that is 2 years after such date of enactment, the Secretary 21 of State shall brief the appropriate congressional commit- 22 tees on the status of any United States diplomatic engage- 23 ment with the Government of the Democratic People’s Re- 24 public of Korea, including with respect to efforts to secure 25 VerDate Sep 11 2014 22:10 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 9 •S 2050 IS the release of United States citizens detained in the Demo- 1 cratic People’s Republic of Korea. 2 SEC. 105. BRIEFING AND STRATEGY RELATING TO USE OF 3 ROCKET FUELS FOR BALLISTIC MISSILES BY 4 THE DEMOCRATIC PEOPLE’S REPUBLIC OF 5 KOREA. 6 (a) BRIEFING REQUIRED.— 7 (1) IN GENERAL.—Not later than 90 days after 8 the date of the enactment of this Act, the Director 9 of National Intelligence, in conjunction with the Sec- 10 retary of State, shall brief the appropriate congres- 11 sional committees on the use by the Democratic Peo- 12 ple’s Republic of Korea of unsymmetrical dimethyl 13 hydrazine, solid fuels, and other rocket fuels to 14 power its ballistic missiles. 15 (2) ELEMENTS.—The briefing under paragraph 16 (1) shall include the following: 17 (A) An assessment of each type of rocket 18 fuel the Democratic People’s Republic of Korea 19 uses, or potentially may use, to power its bal- 20 listic missiles, including the chemical precur- 21 sors, production process, and required produc- 22 tion equipment for each such type of rocket 23 fuel. 24 VerDate Sep 11 2014 22:10 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 10 •S 2050 IS (B) With respect to each such type of 1 rocket fuel, an assessment of the following: 2 (i) Whether the use of that type of 3 rocket fuel by the Democratic People’s Re- 4 public of Korea is prohibited under United 5 Nations Security Council resolutions, other 6 multilateral sanctions imposed with respect 7 to the Democratic People’s Republic of 8 Korea, or sanctions imposed by the United 9 States with respect to the Democratic Peo- 10 ple’s Republic of Korea. 11 (ii) Whether the Democratic People’s 12 Republic of Korea imports that type of 13 rocket fuel as a finished product or im- 14 ports chemical precursors and manufac- 15 tures the finished product. 16 (iii) The countries from which the 17 Democratic People’s Republic of Korea im- 18 ports that type of rocket fuel as a finished 19 product or from which the Democratic 20 People’s Republic of Korea imports the 21 chemical precursors and equipment to 22 manufacture that type of rocket fuel. 23 (iv) The size and locations of the 24 Democratic People’s Republic of Korea’s 25 VerDate Sep 11 2014 22:10 Jul 08, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2050.IS S2050 jbell on DSK3GLQ082PROD with BILLS 11 •S 2050 IS stockpiles, if any, of that type of rocket 1 fuel. 2 (v) Whether that type of rocket fuel 3 can be attributed to its original exporter 4 based on unique chemical signatures or 5 other relevant identifying information. 6 (b) STRATEGY REQUIRED.—The Secretary of State, 7 in consultation with the heads of relevant agencies, shall 8 develop a diplomatic strategy to end the transfer of all 9 rocket fuels and chemical precursors for [Text truncated for display. 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