Text: H.R.757 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-122 (02/18/2016)

 
[114th Congress Public Law 122]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 93]]

Public Law 114-122
114th Congress

                                 An Act


 
To improve the enforcement of sanctions against the Government of North 
  Korea, and for other purposes. <<NOTE: Feb. 18, 2016 -  [H.R. 757]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: North Korea 
Sanctions and Policy Enhancement Act of 2016. Human rights.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 22 USC 9201 note.>>  Short Title.--This Act may be cited 
as the ``North Korea Sanctions and Policy Enhancement Act of 2016''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.

       TITLE I--INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES

Sec. 101. Statement of policy.
Sec. 102. Investigations.
Sec. 103. Reporting requirements.
Sec. 104. Designation of persons.
Sec. 105. Forfeiture of property.

  TITLE II--SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS 
                     ABUSES, AND ILLICIT ACTIVITIES

Sec. 201. Determinations with respect to North Korea as a jurisdiction 
           of primary money laundering concern.
Sec. 202. Ensuring the consistent enforcement of United Nations Security 
           Council resolutions and financial restrictions on North 
           Korea.
Sec. 203. Proliferation prevention sanctions.
Sec. 204. Procurement sanctions.
Sec. 205. Enhanced inspection authorities.
Sec. 206. Travel sanctions.
Sec. 207. Travel recommendations for United States citizens to North 
           Korea.
Sec. 208. Exemptions, waivers, and removals of designation.
Sec. 209. Report on and imposition of sanctions to address persons 
           responsible for knowingly engaging in significant activities 
           undermining cybersecurity.
Sec. 210. Codification of sanctions with respect to North Korean 
           activities undermining cybersecurity.
Sec. 211. Sense of Congress on trilateral cooperation between the United 
           States, South Korea, and Japan.

                  TITLE III--PROMOTION OF HUMAN RIGHTS

Sec. 301. Information technology.
Sec. 302. Strategy to promote North Korean human rights.
Sec. 303. Report on North Korean prison camps.
Sec. 304. Report on and imposition of sanctions with respect to serious 
           human rights abuses or censorship in North Korea.

                      TITLE IV--GENERAL AUTHORITIES

Sec. 401. Suspension of sanctions and other measures.
Sec. 402. Termination of sanctions and other measures.

[[Page 130 STAT. 94]]

Sec. 403. Authorization of appropriations.
Sec. 404. Rulemaking.
Sec. 405. Authority to consolidate reports.
Sec. 406. Effective date.

SEC. 2. <<NOTE: 22 USC 9201.>>  FINDINGS; PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Government of North Korea--
                    (A) has repeatedly violated its commitments to the 
                complete, verifiable, and irreversible dismantlement of 
                its nuclear weapons programs; and
                    (B) has willfully violated multiple United Nations 
                Security Council resolutions calling for North Korea to 
                cease development, testing, and production of weapons of 
                mass destruction.
            (2) Based on its past actions, including the transfer of 
        sensitive nuclear and missile technology to state sponsors of 
        terrorism, North Korea poses a grave risk for the proliferation 
        of nuclear weapons and other weapons of mass destruction.
            (3) The Government of North Korea has been implicated 
        repeatedly in money laundering and other illicit activities, 
        including--
                    (A) prohibited arms sales;
                    (B) narcotics trafficking;
                    (C) the counterfeiting of United States currency;
                    (D) significant activities undermining 
                cybersecurity; and
                    (E) the counterfeiting of intellectual property of 
                United States persons.
            (4) North Korea has--
                    (A) unilaterally withdrawn from the Agreement 
                Concerning a Military Armistice in Korea, signed at 
                Panmunjom July 27, 1953 (commonly referred to as the 
                ``Korean War Armistice Agreement''); and
                    (B) committed provocations against South Korea--
                          (i) by sinking the warship Cheonan and killing 
                      46 of her crew on March 26, 2010;
                          (ii) by shelling Yeonpyeong Island and killing 
                      4 South Korean civilians on November 23, 2010;
                          (iii) by its involvement in the ``DarkSeoul'' 
                      cyberattacks against the financial and 
                      communications interests of South Korea on March 
                      20, 2013; and
                          (iv) by planting land mines near a guard post 
                      in the South Korean portion of the demilitarized 
                      zone that maimed 2 South Korean soldiers on August 
                      4, 2015.
            (5) North Korea maintains a system of brutal political 
        prison camps that contain as many as 200,000 men, women, and 
        children, who are--
                    (A) kept in atrocious living conditions with 
                insufficient food, clothing, and medical care; and
                    (B) under constant fear of torture or arbitrary 
                execution.
            (6) North Korea has prioritized weapons programs and the 
        procurement of luxury goods--
                    (A) in defiance of United Nations Security Council 
                Resolutions 1695 (2006), 1718 (2006), 1874 (2009), 2087 
                (2013), and 2094 (2013); and

[[Page 130 STAT. 95]]

                    (B) in gross disregard of the needs of the people of 
                North Korea.
            (7) Persons, including financial institutions, who engage in 
        transactions with, or provide financial services to, the 
        Government of North Korea and its financial institutions without 
        establishing sufficient financial safeguards against North 
        Korea's use of such transactions to promote proliferation, 
        weapons trafficking, human rights violations, illicit activity, 
        and the purchase of luxury goods--
                    (A) aid and abet North Korea's misuse of the 
                international financial system; and
                    (B) violate the intent of the United Nations 
                Security Council resolutions referred to in paragraph 
                (6)(A).
            (8) The Government of North Korea has provided technical 
        support and conducted destructive and coercive cyberattacks, 
        including against Sony Pictures Entertainment and other United 
        States persons.
            (9) The conduct of the Government of North Korea poses an 
        imminent threat to--
                    (A) the security of the United States and its 
                allies;
                    (B) the global economy;
                    (C) the safety of members of the United States Armed 
                Forces;
                    (D) the integrity of the global financial system;
                    (E) the integrity of global nonproliferation 
                programs; and
                    (F) the people of North Korea.
            (10) The Government of North Korea has sponsored acts of 
        international terrorism, including--
                    (A) attempts to assassinate defectors and human 
                rights activists; and
                    (B) the shipment of weapons to terrorists and state 
                sponsors of terrorism.

    (b) Purposes.--The purposes of this Act are--
            (1) to use nonmilitary means to address the crisis described 
        in subsection (a);
            (2) to provide diplomatic leverage to negotiate necessary 
        changes in the conduct of the Government of North Korea;
            (3) to ease the suffering of the people of North Korea; and
            (4) to reaffirm the purposes set forth in section 4 of the 
        North Korean Human Rights Act of 2004 (22 U.S.C. 7802).
SEC. 3. <<NOTE: 22 USC 9202.>>  DEFINITIONS.

    In this Act:
            (1) Applicable executive order.--The term ``applicable 
        Executive order'' means--
                    (A) Executive Order 13382 (50 U.S.C. 1701 note; 
                relating to blocking property of weapons of mass 
                destruction proliferators and their supporters), 
                Executive Order 13466 (50 U.S.C. 1701 note; relating to 
                continuing certain restrictions with respect to North 
                Korea and North Korean nationals), Executive Order 13551 
                (50 U.S.C. 1701 note; relating to blocking property of 
                certain persons with respect to North Korea), Executive 
                Order 13570 (50 U.S.C. 1701 note; relating to 
                prohibiting certain transactions with respect to North 
                Korea), Executive Order 13619 (50 U.S.C.

[[Page 130 STAT. 96]]

                1701 note; relating to blocking property of persons 
                threatening the peace, security, or stability of Burma), 
                Executive Order 13687 (50 U.S.C. 1701 note; relating to 
                imposing additional sanctions with respect to North 
                Korea), or Executive Order 13694 (50 U.S.C. 1701 note; 
                relating to blocking the property of certain persons 
                engaging in significant malicious cyber-enabled 
                activities), to the extent that such Executive order--
                          (i) authorizes the imposition of sanctions on 
                      persons for conduct with respect to North Korea;
                          (ii) prohibits transactions or activities 
                      involving the Government of North Korea; or
                          (iii) otherwise imposes sanctions with respect 
                      to North Korea; and
                    (B) any Executive order adopted on or after the date 
                of the enactment of this Act, to the extent that such 
                Executive order--
                          (i) authorizes the imposition of sanctions on 
                      persons for conduct with respect to North Korea;
                          (ii) prohibits transactions or activities 
                      involving the Government of North Korea; or
                          (iii) otherwise imposes sanctions with respect 
                      to North Korea.
            (2) Applicable united nations security council resolution.--
        The term ``applicable United Nations Security Council 
        resolution'' means--
                    (A) United Nations Security Council Resolution 1695 
                (2006), 1718 (2006), 1874 (2009), 2087 (2013), or 2094 
                (2013); and
                    (B) any United Nations Security Council resolution 
                adopted on or after the date of the enactment of this 
                Act that--
                          (i) authorizes the imposition of sanctions on 
                      persons for conduct with respect to North Korea;
                          (ii) prohibits transactions or activities 
                      involving the Government of North Korea; or
                          (iii) otherwise imposes sanctions with respect 
                      to North Korea.
            (3) 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, the Committee 
                on Financial Services, and the Committee on Ways and 
                Means of the House of Representatives.
            (4) Designated person.--The term ``designated person'' means 
        a person designated under subsection (a) or (b) of section 104 
        for purposes of applying 1 or more of the sanctions described in 
        title I or II with respect to the person.
            (5) Government of north korea.--The term ``Government of 
        North Korea'' means the Government of North Korea and its 
        agencies, instrumentalities, and controlled entities.
            (6) Humanitarian assistance.--The term ``humanitarian 
        assistance'' means assistance to meet humanitarian needs, 
        including needs for food, medicine, medical supplies, clothing, 
        and shelter.

[[Page 130 STAT. 97]]

            (7) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (8) Luxury goods.--The term ``luxury goods''--
                    (A) has the meaning given such term in section 
                746.4(b)(1) of title 15, Code of Federal Regulations; 
                and
                    (B) includes the items listed in Supplement No. 1 to 
                part 746 of such title, and any similar items.
            (9) Monetary instruments.--The term ``monetary instruments'' 
        has the meaning given such term in section 5312(a) of title 31, 
        United States Code.
            (10) North korea.--The term ``North Korea'' means the 
        Democratic People's Republic of Korea.
            (11) North korean financial institution.--The term ``North 
        Korean financial institution'' means any financial institution 
        that--
                    (A) is organized under the laws of North Korea or 
                any jurisdiction within North Korea (including a foreign 
                branch of such an institution);
                    (B) is located in North Korea, except for a 
                financial institution that is excluded by the President 
                in accordance with section 208(c);
                    (C) is owned or controlled by the Government of 
                North Korea, regardless of location; or
                    (D) is owned or controlled by a financial 
                institution described in subparagraph (A), (B), or (C), 
                regardless of location.
            (12) Significant activities undermining cybersecurity.--The 
        term ``significant activities undermining cybersecurity'' 
        includes--
                    (A) significant efforts to--
                          (i) deny access to or degrade, disrupt, or 
                      destroy an information and communications 
                      technology system or network; or
                          (ii) exfiltrate information from such a system 
                      or network without authorization;
                    (B) significant destructive malware attacks;
                    (C) significant denial of service activities; and
                    (D) such other significant activities described in 
                regulations promulgated to implement section 104.
            (13) South korea.--The term ``South Korea'' means the 
        Republic of Korea.
            (14) 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; 
                or
                    (B) an entity organized under the laws of the United 
                States or of any jurisdiction within the United States, 
                including a foreign branch of such an entity.

[[Page 130 STAT. 98]]

       TITLE I--INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES

SEC. 101. <<NOTE: 22 USC 9211.>>  STATEMENT OF POLICY.

    In order to achieve the peaceful disarmament of North Korea, 
Congress finds that it is necessary--
            (1) to encourage all member states of the United Nations to 
        fully and promptly implement United Nations Security Council 
        Resolution 2094 (2013);
            (2) to sanction the persons, including financial 
        institutions, that facilitate proliferation, illicit activities, 
        arms trafficking, cyberterrorism, imports of luxury goods, 
        serious human rights abuses, cash smuggling, and censorship by 
        the Government of North Korea;
            (3) to authorize the President to sanction persons who fail 
        to exercise due diligence to ensure that such financial 
        institutions and member states do not facilitate proliferation, 
        arms trafficking, kleptocracy, or imports of luxury goods by the 
        Government of North Korea;
            (4) to deny the Government of North Korea access to the 
        funds it uses to develop or obtain nuclear weapons, ballistic 
        missiles, cyberwarfare capabilities, and luxury goods instead of 
        providing for the needs of the people of North Korea; and
            (5) to enforce sanctions in a manner that does not 
        significantly hinder or delay the efforts of legitimate United 
        States or foreign humanitarian organizations from providing 
        assistance to meet the needs of civilians facing humanitarian 
        crisis, including access to food, health care, shelter, and 
        clean drinking water, to prevent or alleviate human suffering.
SEC. 102. <<NOTE: President. 22 USC 9212.>>  INVESTIGATIONS.

    (a) Initiation.--The President shall initiate an investigation into 
the possible designation of a person under section 104(a) upon receipt 
by the President of credible information indicating that such person has 
engaged in conduct described in section 104(a).
    (b) Personnel.--The President may direct the Secretary of State, the 
Secretary of the Treasury, and the heads of other Federal departments 
and agencies as may be necessary to assign sufficient experienced and 
qualified investigators, attorneys, and technical personnel--
            (1) to investigate the conduct described in subsections (a) 
        and (b) of section 104; and
            (2) to coordinate and ensure the effective enforcement of 
        this Act.
SEC. 103. <<NOTE: 22 USC 9213.>>  REPORTING REQUIREMENTS.

    (a) Presidential Briefings to Congress.--Not later than 180 days 
after the date of the enactment of this Act, and periodically 
thereafter, the President shall provide a briefing to the appropriate 
congressional committees on efforts to implement this Act.
    (b) Report From Secretary of State.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of State shall 
conduct, coordinate, and submit to Congress a comprehensive report on 
United States policy towards North Korea that--

[[Page 130 STAT. 99]]

            (1) is based on a full and complete interagency review of 
        current policies and possible alternatives, including with 
        respect to North Korea's weapons of mass destruction and missile 
        programs, human rights atrocities, and significant activities 
        undermining cybersecurity; and
            (2) includes recommendations for such legislative or 
        administrative action as the Secretary considers appropriate 
        based on the results of the review.
SEC. 104. <<NOTE: President. 22 USC 9214.>>  DESIGNATION OF 
                        PERSONS.

    (a) Mandatory Designations.--Except as provided in section 208, the 
President shall designate under this subsection any person that the 
President determines--
            (1) knowingly, directly or indirectly, imports, exports, or 
        reexports to, into, or from North Korea any goods, services, or 
        technology controlled for export by the United States because of 
        the use of such goods, services, or technology for weapons of 
        mass destruction or delivery systems for such weapons and 
        materially contributes to the use, development, production, 
        possession, or acquisition by any person of a nuclear, 
        radiological, chemical, or biological weapon or any device or 
        system designed in whole or in part to deliver such a weapon;
            (2) knowingly, directly or indirectly, provides training, 
        advice, or other services or assistance, or engages in 
        significant financial transactions, relating to the manufacture, 
        maintenance, or use of any such weapon, device, or system to be 
        imported, exported, or reexported to, into, or from North Korea;
            (3) knowingly, directly or indirectly, imports, exports, or 
        reexports luxury goods to or into North Korea;
            (4) knowingly engages in, is responsible for, or facilitates 
        censorship by the Government of North Korea;
            (5) knowingly engages in, is responsible for, or facilitates 
        serious human rights abuses by the Government of North Korea;
            (6) knowingly, directly or indirectly, engages in money 
        laundering, the counterfeiting of goods or currency, bulk cash 
        smuggling, or narcotics trafficking that supports the Government 
        of North Korea or any senior official or person acting for or on 
        behalf of that Government;
            (7) knowingly engages in significant activities undermining 
        cybersecurity through the use of computer networks or systems 
        against foreign persons, governments, or other entities on 
        behalf of the Government of North Korea;
            (8) knowingly, directly or indirectly, sells, supplies, or 
        transfers to or from the Government of North Korea or any person 
        acting for or on behalf of that Government, a significant amount 
        of precious metal, graphite, raw or semi-finished metals or 
        aluminum, steel, coal, or software, for use by or in industrial 
        processes directly related to weapons of mass destruction and 
        delivery systems for such weapons, other proliferation 
        activities, the Korean Workers' Party, armed forces, internal 
        security, or intelligence activities, or the operation and 
        maintenance of political prison camps or forced labor camps, 
        including outside of North Korea;
            (9) knowingly, directly or indirectly, imports, exports, or 
        reexports to, into, or from North Korea any arms or related 
        materiel; or

[[Page 130 STAT. 100]]

            (10) knowingly attempts to engage in any of the conduct 
        described in paragraphs (1) through (9).

    (b) Additional Discretionary Designations.--
            (1) Prohibited conduct described.--Except as provided in 
        section 208, the President may designate under this subsection 
        any person that the President determines--
                    (A) knowingly engages in, contributes to, assists, 
                sponsors, or provides financial, material or 
                technological support for, or goods and services in 
                support of, any person designated pursuant to an 
                applicable United Nations Security Council resolution;
                    (B) knowingly contributed to--
                          (i) the bribery of an official of the 
                      Government of North Korea or any person acting for 
                      on behalf of that official;
                          (ii) the misappropriation, theft, or 
                      embezzlement of public funds by, or for the 
                      benefit of, an official of the Government of North 
                      Korea or any person acting for or on behalf of 
                      that official; or
                          (iii) the use of any proceeds of any activity 
                      described in clause (i) or (ii); or
                    (C) knowingly and materially assisted, sponsored, or 
                provided significant financial, material, or 
                technological support for, or goods or services to or in 
                support of, the activities described in subparagraph (A) 
                or (B).
            (2) Effect of designation.--With respect to any person 
        designated under this subsection, the President may--
                    (A) apply the sanctions described in section 204, 
                205(c), or 206 to the person to the same extent and in 
                the same manner as if the person were designated under 
                subsection (a);
                    (B) apply any applicable special measures described 
                in section 5318A of title 31, United States Code;
                    (C) prohibit any transactions in foreign exchange--
                          (i) that are subject to the jurisdiction of 
                      the United States; and
                          (ii) in which such person has any interest; 
                      and
                    (D) prohibit any transfers of credit or payments 
                between financial institutions or by, through, or to any 
                financial institution, to the extent that such transfers 
                or payments--
                          (i) are subject to the jurisdiction of the 
                      United States; and
                          (ii) involve any interest of such person.

    (c) Asset Blocking.--The President shall exercise all of the powers 
granted to the President under the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and 
prohibit all transactions in property and interests in property of a 
designated person, the Government of North Korea, or the Workers' Party 
of Korea, 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.
    (d) Application to Subsidiaries and Agents.--The designation of a 
person under subsection (a) or (b) and the blocking of property and 
interests in property under subsection (c) shall apply with respect to a 
person who is determined to be owned or controlled

[[Page 130 STAT. 101]]

by, or to have acted or purported to have acted for or on behalf of, 
directly or indirectly, any person whose property and interests in 
property are blocked pursuant to this section.
    (e) Transaction Licensing.--The President shall deny or revoke any 
license for any transaction that the President determines to lack 
sufficient financial controls to ensure that such transaction will not 
facilitate any activity described in subsection (a) or (b).
    (f) Penalties.--The penalties provided for in subsections (b) and 
(c) of section 206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705) shall apply to any person who violates, attempts to 
violate, conspires to violate, or causes a violation of any prohibition 
of this section, or an order or regulation prescribed under this 
section, to the same extent that such penalties apply to a person that 
commits an unlawful act described in section 206(a) of such Act (50 
U.S.C. 1705(a)).
SEC. 105. FORFEITURE OF PROPERTY.

    (a) Amendment to Property Subject to Forfeiture.--Section 981(a)(1) 
of title 18, United States Code, is amended by adding at the end the 
following:
            ``(I) Any property, real or personal, that is involved in a 
        violation or attempted violation, or which constitutes or is 
        derived from proceeds traceable to a prohibition imposed 
        pursuant to section 104(a) of the North Korea Sanctions and 
        Policy Enhancement Act of 2016.''.

    (b) Amendment to Definition of Civil Forfeiture Statute.--Section 
983(i)(2)(D) of title 18, United States Code, is amended to read as 
follows:
                    ``(D) the Trading with the Enemy Act (50 U.S.C. 4301 
                et seq.), the International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.), or the North Korea 
                Sanctions Enforcement Act of 2016; or''.

    (c) Amendment to Definition of Specified Unlawful Activity.--Section 
1956(c)(7)(D) of title 18, United States Code, is amended--
            (1) by striking ``or section 92 of'' and inserting ``section 
        92 of''; and
            (2) by adding at the end the following: ``, or section 
        104(a) of the North Korea Sanctions Enforcement Act of 2016 
        (relating to prohibited activities with respect to North 
        Korea);''.

  TITLE II--SANCTIONS AGAINST NORTH KOREAN PROLIFERATION, HUMAN RIGHTS 
                     ABUSES, AND ILLICIT ACTIVITIES

SEC. 201. <<NOTE: 22 USC 9221.>>  DETERMINATIONS WITH RESPECT TO 
                        NORTH KOREA AS A JURISDICTION OF PRIMARY 
                        MONEY LAUNDERING CONCERN.

    (a) Findings.--Congress makes the following findings:
            (1) The Under Secretary of the Treasury for Terrorism and 
        Financial Intelligence, who is responsible for safeguarding the 
        financial system against illicit use, money laundering, 
        terrorist financing, and the proliferation of weapons of mass

[[Page 130 STAT. 102]]

        destruction, and has repeatedly expressed concern about North 
        Korea's misuse of the international financial system--
                    (A) in 2006--
                          (i) stated, ``Given [North Korea's] 
                      counterfeiting of U.S. currency, narcotics 
                      trafficking and use of accounts world-wide to 
                      conduct proliferation-related transactions, the 
                      line between illicit and licit North Korean money 
                      is nearly invisible.''; and
                          (ii) urged financial institutions worldwide to 
                      ``think carefully about the risks of doing any 
                      North Korea-related business'';
                    (B) in 2011, stated that North Korea--
                          (i) ``remains intent on engaging in 
                      proliferation, selling arms as well as bringing in 
                      material''; and
                          (ii) was ``aggressively pursuing the effort to 
                      establish front companies.''; and
                    (C) in 2013, stated--
                          (i) in reference to North Korea's distribution 
                      of high-quality counterfeit United States 
                      currency, that ``North Korea is continuing to try 
                      to pass a supernote into the international 
                      financial system''; and
                          (ii) the Department of the Treasury would soon 
                      introduce new currency with improved security 
                      features to protect against counterfeiting by the 
                      Government of North Korea.
            (2) The Financial Action Task Force, an intergovernmental 
        body whose purpose is to develop and promote national and 
        international policies to combat money laundering and terrorist 
        financing, has repeatedly--
                    (A) expressed concern at deficiencies in North 
                Korea's regimes to combat money laundering and terrorist 
                financing;
                    (B) urged North Korea to adopt a plan of action to 
                address significant deficiencies in those regimes and 
                the serious threat those deficiencies pose to the 
                integrity of the international financial system;
                    (C) urged all jurisdictions to apply countermeasures 
                to protect the international financial system from 
                ongoing and substantial money laundering and terrorist 
                financing risks emanating from North Korea;
                    (D) urged all jurisdictions to advise their 
                financial institutions to give special attention to 
                business relationships and transactions with North 
                Korea, including North Korean companies and financial 
                institutions; and
                    (E) called on all jurisdictions--
                          (i) to protect against correspondent 
                      relationships being used to bypass or evade 
                      countermeasures and risk mitigation practices; and
                          (ii) to take into account money laundering and 
                      terrorist financing risks when considering 
                      requests by North Korean financial institutions to 
                      open branches and subsidiaries in their respective 
                      jurisdictions.
            (3) On March 7, 2013, the United Nations Security Council 
        unanimously adopted Resolution 2094, which--
                    (A) welcomed the Financial Action Task Force's--
                          (i) recommendation on financial sanctions 
                      related to proliferation; and

[[Page 130 STAT. 103]]

                          (ii) guidance on the implementation of such 
                      sanctions;
                    (B) decided that United Nations member states should 
                apply enhanced monitoring and other legal measures to 
                prevent the provision of financial services or the 
                transfer of property that could contribute to activities 
                prohibited by applicable United Nations Security Council 
                resolutions; and
                    (C) called upon United Nations member states to 
                prohibit North Korean financial institutions from 
                establishing or maintaining correspondent relationships 
                with financial institutions in their respective 
                jurisdictions to prevent the provision of financial 
                services if such member states have information that 
                provides reasonable grounds to believe that such 
                activities could contribute to--
                          (i) activities prohibited by an applicable 
                      United Nations Security Council resolution; or
                          (ii) the evasion of such prohibitions.

    (b) Sense of Congress Regarding the Designation of North Korea as a 
Jurisdiction of Primary Money Laundering Concern.--Congress--
            (1) acknowledges the efforts of the United Nations Security 
        Council to impose limitations on, and to require the enhanced 
        monitoring of, transactions involving North Korean financial 
        institutions that could contribute to sanctioned activities;
            (2) urges the President, in the strongest terms--
                    (A) to immediately designate North Korea as a 
                jurisdiction of primary money laundering concern; and
                    (B) to adopt stringent special measures to safeguard 
                the financial system against the risks posed by North 
                Korea's willful evasion of sanctions and its illicit 
                activities; and
            (3) urges the President to seek the prompt implementation by 
        other countries of enhanced monitoring and due diligence to 
        prevent North Korea's misuse of the international financial 
        system, including by sharing information about activities, 
        transactions, and property that could contribute to--
                    (A) activities sanctioned by applicable United 
                Nations Security Council resolutions; or
                    (B) the evasion of such sanctions.

    (c) <<NOTE: Consultations.>>  Determinations Regarding North 
Korea.--
            (1) In general.-- <<NOTE: Deadline.>> Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of the Treasury, in consultation with the Secretary of State and 
        the Attorney General, and in accordance with section 5318A of 
        title 31, United States Code, shall determine whether reasonable 
        grounds exist for concluding that North Korea is a jurisdiction 
        of primary money laundering concern.
            (2) Enhanced due diligence and reporting requirements.--If 
        the Secretary of the Treasury determines under paragraph (1) 
        that reasonable grounds exist for concluding that North Korea is 
        a jurisdiction of primary money laundering concern, the 
        Secretary, in consultation with the Federal functional 
        regulators (as defined in section 509 of the Gramm-Leach-Bliley 
        Act (15 U.S.C. 6809)), shall impose 1 or more of the special 
        measures described in section 5318A(b) of title

[[Page 130 STAT. 104]]

        31, United States Code, with respect to the jurisdiction of 
        North Korea.
            (3) Report required.--
                    (A) In general.--Not later than 90 days after the 
                date on which the Secretary of the Treasury makes a 
                determination under paragraph (1), the Secretary shall 
                submit to the appropriate congressional committees a 
                report that contains the reasons for such determination.
                    (B) Form.--The report submitted under subparagraph 
                (A) shall be submitted in unclassified form, but may 
                include a classified annex.
SEC. 202. <<NOTE: 22 USC 9222.>>  ENSURING THE CONSISTENT 
                        ENFORCEMENT OF UNITED NATIONS SECURITY 
                        COUNCIL RESOLUTIONS AND FINANCIAL 
                        RESTRICTIONS ON NORTH KOREA.

    (a) Findings.--Congress makes the following findings:
            (1) All member states of the United Nations are obligated to 
        implement and enforce applicable United Nations Security Council 
        resolutions fully and promptly, including by blocking the 
        property of, and ensuring that any property is prevented from 
        being made available to, persons designated for the blocking of 
        property by the Security Council under applicable United Nations 
        Security Council resolutions.
            (2) As of May 2015, 158 of the 193 member states of the 
        United Nations had not submitted reports on measures taken to 
        implement North Korea-specific United Nations Security Council 
        resolutions 1718, 1874, and 2094.
            (3) A recent report by the Government Accountability Office 
        (GAO-15-485)--
                    (A) finds that officials of the United States and 
                representatives of the United Nations Panel of Experts 
                established pursuant to United Nations Security Council 
                Resolution 1874 (2009), which monitors and facilitates 
                implementation of United Nations sanctions on North 
                Korea, ``agree that the lack of detailed reports from 
                all member states is an impediment to the UN's effective 
                implementation of its sanctions''; and
                    (B) notes that ``many member states lack the 
                technical capacity to enforce sanctions and prepare 
                reports'' on the implementation of United Nations 
                sanctions on North Korea.
            (4) All member states share a common interest in protecting 
        the international financial system from the risks of money 
        laundering and illicit transactions emanating from North Korea.
            (5) The United States dollar and the euro are the world's 
        principal reserve currencies, and the United States and the 
        European Union are primarily responsible for the protection of 
        the international financial system from the risks described in 
        paragraph (4).
            (6) The cooperation of the People's Republic of China, as 
        North Korea's principal trading partner, is essential to--
                    (A) the enforcement of applicable United Nations 
                Security Council resolutions; and
                    (B) the protection of the international financial 
                system.
            (7) The report of the Panel of Experts expressed concern 
        about the ability of banks to detect and prevent illicit 
        transfers

[[Page 130 STAT. 105]]

        involving North Korea if such banks are located in member states 
        with less effective regulators or member states that are unable 
        to afford effective compliance.
            (8) North Korea has historically exploited inconsistencies 
        between jurisdictions in the interpretation and enforcement of 
        financial regulations and applicable United Nations Security 
        Council resolutions to circumvent sanctions and launder the 
        proceeds of illicit activities.
            (9) Amroggang Development Bank, Bank of East Land, and 
        Tanchon Commercial Bank have been designated by the Secretary of 
        the Treasury, the United Nations Security Council, and the 
        European Union as having materially contributed to the 
        proliferation of weapons of mass destruction.
            (10) Korea Daesong Bank and Korea Kwangson Banking 
        Corporation have been designated by the Secretary of the 
        Treasury and the European Union as having materially contributed 
        to the proliferation of weapons of mass destruction.
            (11) The Foreign Trade Bank of North Korea has been 
        designated by the Secretary of the Treasury for facilitating 
        transactions on behalf of persons linked to its proliferation 
        network and for serving as ``a key financial node''.
            (12) Daedong Credit Bank has been designated by the 
        Secretary of the Treasury for activities prohibited by 
        applicable United Nations Security Council resolutions, 
        including the use of deceptive financial practices to facilitate 
        transactions on behalf of persons linked to North Korea's 
        proliferation network.

    (b) Sense of Congress.--It is the sense of Congress that the 
President should intensify diplomatic efforts in appropriate 
international fora, such as the United Nations, and bilaterally, to 
develop and implement a coordinated, consistent, multilateral strategy 
for protecting the global financial system against risks emanating from 
North Korea, including--
            (1) the cessation of any financial services the continuation 
        of which is inconsistent with applicable United Nations Security 
        Council resolutions;
            (2) the cessation of any financial services to persons, 
        including financial institutions, that present unacceptable 
        risks of facilitating money laundering and illicit activity by 
        the Government of North Korea;
            (3) the blocking by all member states, in accordance with 
        the legal process of the state in which the property is held, of 
        any property required to be blocked under applicable United 
        Nations Security Council resolutions;
            (4) the blocking of any property derived from illicit 
        activity, or from the misappropriation, theft, or embezzlement 
        of public funds by, or for the benefit of, officials of the 
        Government of North Korea;
            (5) the blocking of any property involved in significant 
        activities undermining cybersecurity by the Government of North 
        Korea, directly or indirectly, against United States persons, or 
        the theft of intellectual property by the Government of North 
        Korea, directly or indirectly from United States persons; and
            (6) the blocking of any property of persons directly or 
        indirectly involved in censorship or human rights abuses by the 
        Government of North Korea.

[[Page 130 STAT. 106]]

    (c) Strategy to Improve International Implementation and Enforcement 
of United Nations North Korea-specific Sanctions.-- 
<<NOTE: President. Coordination.>> The President shall direct the 
Secretary of State, in coordination with other Federal departments and 
agencies, as appropriate, to develop a strategy to improve international 
implementation and enforcement of United Nations North Korea-specific 
sanctions. The strategy should include elements--
            (1) to increase the number of countries submitting reports 
        to the United Nations Panel of Experts established pursuant to 
        United Nations Security Council Resolution 1874 (2009), 
        including developing a list of targeted countries where 
        effective implementation and enforcement of United Nations 
        sanctions would reduce the threat from North Korea;
            (2) to encourage member states of the United Nations to 
        cooperate and share information with the panel in order to help 
        facilitate investigations;
            (3) to expand cooperation with the Panel of Experts;
            (4) to provide technical assistance to member states to 
        implement United Nations sanctions, including developing the 
        capacity to enforce sanctions through improved export control 
        regulations, border security, and customs systems;
            (5) to harness existing United States Government initiatives 
        and assistance programs, as appropriate, to improve sanctions 
        implementation and enforcement; and
            (6) to increase outreach to the people of North Korea, and 
        to support the engagement of independent, non-governmental 
        journalistic, humanitarian, and other institutions in North 
        Korea.

    (d) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report that 
describes the actions undertaken to implement the strategy required by 
subsection (c).
SEC. 203. <<NOTE: 22 USC 9223.>>  PROLIFERATION PREVENTION 
                        SANCTIONS.

    (a) Export of Certain Goods or Technology.--A validated license 
shall be required for the export to North Korea of any goods or 
technology otherwise covered under section 6(j) of the Export 
Administration Act of 1979 (50 U.S.C. 4605(j)). No defense exports may 
be approved for the Government of North Korea.
    (b) Transactions in Lethal Military Equipment.--
            (1) In general.--The President shall withhold assistance 
        under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
        seq.) to the government of any country that provides lethal 
        military equipment to the Government of North Korea.
            (2) Applicability.--The prohibition under paragraph (1) with 
        respect to a government shall terminate on the date that is 1 
        year after the date on which the prohibition under paragraph (1) 
        is applied to that government.

    (c) Waiver.--Notwithstanding any other provision of law, the 
Secretary of State may waive the prohibitions under this section with 
respect to a country if the Secretary--
            (1) <<NOTE: Determination.>>  determines that such waiver is 
        in the national interest of the United States; and
            (2) submits a written report to the appropriate 
        congressional committees that describes--

[[Page 130 STAT. 107]]

                    (A) the steps that the relevant agencies are taking 
                to curtail the trade described in subsection (b)(1); and
                    (B) why such waiver is in the national interest of 
                the United States.

    (d) Exception.--The prohibitions under this section shall not apply 
to the provision of assistance for human rights, democracy, rule of law, 
or emergency humanitarian purposes.
SEC. 204. <<NOTE: 22 USC 9224.>>  PROCUREMENT SANCTIONS.

    (a) In General.--Except as provided in this section, the head of an 
executive agency may not procure, or enter into any contract for the 
procurement of, any goods or services from any person designated under 
section 104(a).
    (b) Federal Acquisition Regulation.--
            (1) In general.-- <<NOTE: Certification.>> The Federal 
        Acquisition Regulation issued pursuant to section 1303(a)(1) of 
        title 41, United States Code, shall be revised to require that 
        each person that is a prospective contractor submit a 
        certification that such person does not engage in any activity 
        described in section 104(a).
            (2) Applicability.--The revision required under paragraph 
        (1) shall apply with respect to contracts for which 
        solicitations are issued on or after the date that is 90 days 
        after the date of the enactment of this Act.

    (c) Remedies.--
            (1) Inclusion on list.--The Administrator of General 
        Services shall include, on the List of Parties Excluded from 
        Federal Procurement and Nonprocurement Programs maintained by 
        the Administrator under part 9 of the Federal Acquisition 
        Regulation, each person that is debarred, suspended, or proposed 
        for debarment or suspension by the head of an executive agency 
        on the basis of a determination of a false certification under 
        subsection (b).
            (2) Contract termination; suspension.-- 
        <<NOTE: Determination.>> If the head of an executive agency 
        determines that a person has submitted a false certification 
        under subsection (b) after the date on which the Federal 
        Acquisition Regulation is revised to implement the requirements 
        of this section, the head of such executive agency shall--
                    (A) terminate any contract with such person; and
                    (B) debar or suspend such person from eligibility 
                for Federal contracts for a period of not longer than 2 
                years.
            (3) Applicable procedures.--Any debarment or suspension 
        under paragraph (2)(B) shall be subject to the procedures that 
        apply to debarment and suspension under subpart 9.4 of the 
        Federal Acquisition Regulation.

    (d) Clarification Regarding Certain Products.--The remedies 
specified in subsection (c) shall not apply with respect to the 
procurement of any eligible product (as defined in section 308(4) of the 
Trade Agreements Act of 1979 (19 U.S.C. 2518(4)) of any foreign country 
or instrumentality designated under section 301(b) of such Act (19 
U.S.C. 2511(b)).
    (e) Rule of Construction.--Nothing in this subsection may be 
construed to limit the use of other remedies available to the head of an 
executive agency or any other official of the Federal Government on the 
basis of a determination of a false certification under subsection (b).

[[Page 130 STAT. 108]]

    (f) Executive Agency Defined.--In this section, the term ``executive 
agency'' has the meaning given such term in section 133 of title 41, 
United States Code.
SEC. 205. <<NOTE: 22 USC 9225.>>  ENHANCED INSPECTION AUTHORITIES.

    (a) <<NOTE: President.>>  Report Required.--Not later than 180 days 
after the date of the enactment of this Act, and annually thereafter, 
the President shall submit to the appropriate congressional committees a 
report that identifies foreign ports and airports at which inspections 
of ships, aircraft, and conveyances originating in North Korea, carrying 
North Korean property, or operated by the Government of North Korea are 
not sufficient to effectively prevent the facilitation of any of the 
activities described in section 104(a).

    (b) Enhanced Customs Inspection Requirements.--The Secretary of 
Homeland Security may require enhanced inspections of any goods entering 
the United States that have been transported through a port or airport 
identified by the President under subsection (a).
    (c) Seizure and Forfeiture.--A vessel, aircraft, or conveyance used 
to facilitate any of the activities described in section 104(a) under 
the jurisdiction of the United States may be seized and forfeited 
under--
            (1) chapter 46 of title 18, United States Code; or
            (2) title V of the Tariff Act of 1930 (19 U.S.C. 1501 et 
        seq.).
SEC. 206. <<NOTE: 22 USC 9226.>>  TRAVEL SANCTIONS.

    The Secretary of State may deny a visa to, and the Secretary of 
Homeland Security may deny entry into the United States of, any alien 
who is--
            (1) a designated person;
            (2) a corporate officer of a designated person; or
            (3) a principal shareholder with a controlling interest in a 
        designated person.
SEC. 207. <<NOTE: 22 USC 9227.>>  TRAVEL RECOMMENDATIONS FOR 
                        UNITED STATES CITIZENS TO NORTH KOREA.

    The Secretary of State shall expand the scope and frequency of 
issuance of travel warnings for all United States citizens to North 
Korea. The expanded travel warnings, which should be issued or updated 
not less frequently than every 90 days, should include--
            (1) <<NOTE: Time period.>>  publicly released or credible 
        open source information regarding the detention of United States 
        citizens by North Korean authorities, including available 
        information on circumstances of arrest and detention, duration, 
        legal proceedings, and conditions under which a United States 
        citizen has been, or continues to be, detained by North Korean 
        authorities, including present-day cases and cases occurring 
        during the 10-year period ending on the date of the enactment of 
        this Act;
            (2) publicly released or credible open source information on 
        the past and present detention and abduction or alleged 
        abduction of citizens of the United States, South Korea, or 
        Japan by North Korean authorities;
            (3) unclassified information about the nature of the North 
        Korean regime, as described in congressionally mandated reports 
        and annual reports issued by the Department of State and the 
        United Nations, including information about North

[[Page 130 STAT. 109]]

        Korea's weapons of mass destruction programs, illicit 
        activities, international sanctions violations, and human rights 
        situation; and
            (4) any other information that the Secretary deems useful to 
        provide United States citizens with a comprehensive picture of 
        the nature of the North Korean regime.
SEC. 208. <<NOTE: 22 USC 9228.>>  EXEMPTIONS, WAIVERS, AND 
                        REMOVALS OF DESIGNATION.

    (a) Exemptions.--The following activities shall be exempt from 
sanctions under sections 104, 206, 209, and 304:
            (1) Activities subject to the reporting requirements under 
        title V of the National Security Act of 1947 (50 U.S.C. 3091 et 
        seq.), or to any authorized intelligence activities of the 
        United States.
            (2) Any transaction 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, or under the Convention on 
        Consular Relations, done at Vienna April 24, 1963, and entered 
        into force March 19, 1967, or under other international 
        agreements.
            (3) Any activities incidental to the POW/MIA accounting 
        mission in North 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 North Korea.

    (b) Humanitarian Waiver.--
            (1) In general.-- <<NOTE: President. Time 
        period. Determination.>> The President may waive, for renewable 
        periods of between 30 days and 1 year, the application of the 
        sanctions authorized under section 104, 204, 205, 206, 209(b), 
        or 304(b) 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 section 4 of the North Korean 
        Human Rights Act of 2004 (22 U.S.C. 7802).
            (2) Content of written determination.--A written 
        determination submitted under paragraph (1) 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 North Korea 
        or dealings with the Government of North Korea not reasonably 
        related to humanitarian assistance or such purposes.
            (3) Clarification of permitted activities under waiver.--An 
        internationally recognized humanitarian organization shall not 
        be subject to sanctions under section 104, 204, 205, 206, 
        209(b), or 304(b) for--
                    (A) engaging in a financial transaction relating to 
                humanitarian assistance or for humanitarian purposes 
                pursuant to a waiver issued under paragraph (1);

[[Page 130 STAT. 110]]

                    (B) transporting goods or services that are 
                necessary to carry out operations relating to 
                humanitarian assistance or humanitarian purposes 
                pursuant to such a waiver; or
                    (C) 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 Act.

    (c) Waiver.-- <<NOTE: President. Time period. Determination.>> The 
President may waive, on a case-by-case basis, for renewable periods of 
between 30 days and 1 year, the application of the sanctions authorized 
under section 104, 201(c)(2), 204, 205, 206, 209(b), or 304(b) if the 
President submits to the appropriate congressional committees a written 
determination that the waiver--
            (1) is important to the national security interests of the 
        United States; or
            (2) will further the enforcement of this Act or is for an 
        important law enforcement purpose.

    (d) Financial Services for Humanitarian and Consular 
Activities. <<NOTE: President. Regulations.>> --The President may 
promulgate such regulations, rules, and policies as may be necessary to 
facilitate the provision of financial services by a foreign financial 
institution that is not a North Korean financial institution in support 
of activities conducted pursuant to an exemption or waiver under this 
section.
SEC. 209. <<NOTE: President. 22 USC 9229.>>  REPORT ON AND 
                        IMPOSITION OF SANCTIONS TO ADDRESS PERSONS 
                        RESPONSIBLE FOR KNOWINGLY ENGAGING IN 
                        SIGNIFICANT ACTIVITIES UNDERMINING 
                        CYBERSECURITY.

    (a) Report Required.--
            (1) In general.--The President shall submit to the 
        appropriate congressional committees a report that describes 
        significant activities undermining cybersecurity aimed against 
        the United States Government or any United States person and 
        conducted by the Government of North Korea, or a person owned or 
        controlled, directly or indirectly, by the Government of North 
        Korea or any person acting for or on behalf of that Government.
            (2) Information.--The report required under paragraph (1) 
        shall include--
                    (A) the identity and nationality of persons that 
                have knowingly engaged in, directed, or provided 
                material support to conduct significant activities 
                undermining cybersecurity described in paragraph (1);
                    (B) a description of the conduct engaged in by each 
                person identified;
                    (C) <<NOTE: Assessment.>>  an assessment of the 
                extent to which a foreign government has provided 
                material support to the Government of North Korea or any 
                person acting for or on behalf of that Government to 
                conduct significant activities undermining 
                cybersecurity; and
                    (D) <<NOTE: Strategy.>>  a United States strategy to 
                counter North Korea's efforts to conduct significant 
                activities undermining cybersecurity against the United 
                States, that includes efforts to engage foreign 
                governments to halt the capability of the Government of 
                North Korea and persons acting for or on behalf of that 
                Government to conduct significant activities undermining 
                cybersecurity.
            (3) Submission and form.--

[[Page 130 STAT. 111]]

                    (A) Submission.--The report required under paragraph 
                (1) shall be submitted not later than 90 days after the 
                date of the enactment of this Act, and every 180 days 
                thereafter.
                    (B) Form.--The report required under paragraph (1) 
                shall be submitted in an unclassified form, but may 
                include a classified annex.

    (b) Designation of Persons.--The President shall designate under 
section 104(a) any person identified in the report required under 
subsection (a)(1) that knowingly engages in significant activities 
undermining cybersecurity through the use of computer networks or 
systems against foreign persons, governments, or other entities on 
behalf of the Government of North Korea.
SEC. 210. <<NOTE: 22 USC 9230.>>  CODIFICATION OF SANCTIONS WITH 
                        RESPECT TO NORTH KOREAN ACTIVITIES 
                        UNDERMINING CYBERSECURITY.

    (a) In General. <<NOTE: Termination date. Certification.>> --United 
States sanctions with respect to activities of the Government of North 
Korea, persons acting for or on behalf of that Government, or persons 
located in North Korea that undermine cybersecurity provided for in 
Executive Order 13687 (50 U.S.C. 1701 note; relating to imposing 
additional sanctions with respect to North Korea) or Executive Order 
13694 (50 U.S.C. 1701 note; relating to blocking the property of certain 
persons engaging in significant malicious cyber-enabled activities), as 
such Executive Orders are in effect on the day before the date of the 
enactment of this Act, shall remain in effect until the date that is 30 
days after the date on which the President submits to Congress a 
certification that the Government of North Korea, persons acting for or 
on behalf of that Government, and persons owned or controlled, directly 
or indirectly, by that Government or persons acting for or on behalf of 
that Government, are no longer engaged in the illicit activities 
described in such Executive Orders, including actions in violation of 
United Nations Security Council Resolutions 1718 (2006), 1874 (2009), 
2087 (2013), and 2094 (2013).

    (b) Rule of Construction.--Nothing in this section shall be 
construed to limit the authority of the President pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 211. <<NOTE: 22 USC 9231.>>  SENSE OF CONGRESS ON TRILATERAL 
                        COOPERATION BETWEEN THE UNITED STATES, 
                        SOUTH KOREA, AND JAPAN.

    (a) In General.--It is the sense of Congress that the President--
            (1) should seek to strengthen high-level trilateral 
        mechanisms for discussion and coordination of policy toward 
        North Korea between the Government of the United States, the 
        Government of South Korea, and the Government of Japan;
            (2) should ensure that the mechanisms specifically address 
        North Korea's nuclear, ballistic, and conventional weapons 
        programs, its human rights record, and cybersecurity threats 
        posed by North Korea;
            (3) should ensure that representatives of the United States, 
        South Korea, and Japan meet on a regular basis and include 
        representatives of the United States Department of State, the 
        United States Department of Defense, the United States 
        intelligence community, and representatives of counterpart 
        agencies in South Korea and Japan; and

[[Page 130 STAT. 112]]

            (4) should continue to brief the relevant congressional 
        committees regularly on the status of such discussions.

    (b) Relevant Committees.--The relevant committees referred to in 
subsection (a)(4) shall include--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Select Committee on Intelligence of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on Armed 
        Services, and the Permanent Select Committee on Intelligence of 
        the House of Representatives.

                  TITLE III--PROMOTION OF HUMAN RIGHTS

SEC. 301. INFORMATION TECHNOLOGY.

    Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 
7814) is amended by adding at the end the following:
    ``(d) <<NOTE: Deadline. President. Reports. Classified 
Information.>>  Information Technology Study.--Not later than 180 days 
after the date of the enactment of the North Korea Sanctions and Policy 
Enhancement Act of 2015, the President shall submit to the appropriate 
congressional committees a classified report that sets forth a detailed 
plan for making unrestricted, unmonitored, and inexpensive electronic 
mass communications available to the people of North Korea.''.
SEC. 302. <<NOTE: 22 USC 9241.>>  STRATEGY TO PROMOTE NORTH KOREAN 
                        HUMAN RIGHTS.

    (a) <<NOTE: Deadline. Reports.>>  In General.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
State, in coordination with other appropriate Federal departments and 
agencies, shall submit to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives a report that details a United States strategy to 
promote initiatives to enhance international awareness of and to address 
the human rights situation in North Korea.

    (b) Information.--The report required under subsection (a) should 
include--
            (1) <<NOTE: Lists.>>  a list of countries that forcibly 
        repatriate refugees from North Korea; and
            (2) a list of countries where North Korean laborers work, 
        including countries the governments of which have formal 
        arrangements with the Government of North Korea or any person 
        acting for or on behalf of that Government to employ North 
        Korean workers.

    (c) Strategy.--The report required under subsection (a) should 
include--
            (1) <<NOTE: Plan.>>  a plan to enhance bilateral and 
        multilateral outreach, including sustained engagement with the 
        governments of partners and allies with overseas posts to 
        routinely demarche or brief those governments on North Korea 
        human rights issues, including forced labor, trafficking, and 
        repatriation of citizens of North Korea;
            (2) public affairs and public diplomacy campaigns, including 
        options to work with news organizations and media outlets to 
        publish opinion pieces and secure public speaking opportunities 
        for United States Government officials on issues related to the 
        human rights situation in North Korea, including forced

[[Page 130 STAT. 113]]

        labor, trafficking, and repatriation of citizens of North Korea; 
        and
            (3) opportunities to coordinate and collaborate with 
        appropriate nongovernmental organizations and private sector 
        entities to raise awareness and provide assistance to North 
        Korean defectors throughout the world.
SEC. 303. <<NOTE: 22 USC 9242.>>  REPORT ON NORTH KOREAN PRISON 
                        CAMPS.

    (a) In General.--The Secretary of State shall submit to the 
appropriate congressional committees a report that describes, with 
respect to each political prison camp in North Korea, to the extent 
information is available--
            (1) the camp's estimated prisoner population;
            (2) the camp's geographical coordinates;
            (3) the reasons for the confinement of the prisoners;
            (4) the camp's primary industries and products, and the end 
        users of any goods produced in the camp;
            (5) the individuals and agencies responsible for conditions 
        in the camp;
            (6) the conditions under which prisoners are confined, with 
        respect to the adequacy of food, shelter, medical care, working 
        conditions, and reports of ill-treatment of prisoners; and
            (7) imagery, to include satellite imagery of the camp, in a 
        format that, if published, would not compromise the sources and 
        methods used by the United States intelligence community to 
        capture geospatial imagery.

    (b) Form.--The report required under subsection (a) may be included 
in the first human rights report required to be submitted to Congress 
after the date of the enactment of this Act under sections 116(d) and 
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 
2304(b)).
SEC. 304. <<NOTE: 22 USC 9243.>>  REPORT ON AND IMPOSITION OF 
                        SANCTIONS WITH RESPECT TO SERIOUS HUMAN 
                        RIGHTS ABUSES OR CENSORSHIP IN NORTH 
                        KOREA.

    (a) Report Required.--
            (1) In general.--The Secretary of State shall submit to the 
        appropriate congressional committees a report that--
                    (A) identifies each person the Secretary determines 
                to be responsible for serious human rights abuses or 
                censorship in North Korea and describes the conduct of 
                that person; and
                    (B) describes serious human rights abuses or 
                censorship undertaken by the Government of North Korea 
                or any person acting for or on behalf of that Government 
                in the most recent year ending before the submission of 
                the report.
            (2) Consideration.--In preparing the report required under 
        paragraph (1), the Secretary of State shall--
                    (A) give due consideration to the findings of the 
                United Nations Commission of Inquiry on Human Rights in 
                North Korea; and
                    (B) make specific findings with respect to the 
                responsibility of Kim Jong Un, and of each individual 
                who is a member of the National Defense Commission of 
                North Korea or the Organization and Guidance Department 
                of the Workers' Party of Korea, for serious human rights 
                abuses and censorship.

[[Page 130 STAT. 114]]

            (3) Submission and form.--
                    (A) Submission.--The report required under paragraph 
                (1) shall be submitted not later than 120 days after the 
                date of the enactment of this Act, and every 180 days 
                thereafter for a period not to exceed 3 years, and shall 
                be included in each human rights report required under 
                sections 116(d) and 502B(b) of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)).
                    (B) Form.--The report required under paragraph (1) 
                shall be submitted in unclassified form, but may include 
                a classified annex.
                    (C) <<NOTE: Web posting.>>  Public availability.--
                The Secretary of State shall publish the unclassified 
                part of the report required under paragraph (1) on the 
                website of the Department of State.

    (b) Designation of Persons. <<NOTE: President.>> --The President 
shall designate under section 104(a) any person listed in the report 
required under subsection (a)(1) that--
            (1) knowingly engages in, is responsible for, or facilitates 
        censorship by the Government of North Korea; or
            (2) knowingly engages in, is responsible for, or facilitates 
        serious human rights abuses by the Government of North Korea.

    (c) Sense of Congress.--It is the sense of Congress that the 
President should--
            (1) seek the prompt adoption by the United Nations Security 
        Council of a resolution calling for the blocking of the assets 
        of all persons responsible for severe human rights abuses or 
        censorship in North Korea; and
            (2) fully cooperate with the prosecution of any individual 
        listed in the report required under subsection (a)(1) before any 
        international tribunal that may be established to prosecute 
        persons responsible for severe human rights abuses or censorship 
        in North Korea.

                      TITLE IV--GENERAL AUTHORITIES

SEC. 401. <<NOTE: Certifications. President. 22 USC 9251.>>  
                        SUSPENSION OF SANCTIONS AND OTHER 
                        MEASURES.

    (a) In General.--Any sanction or other measure required under title 
I, II, or III (or any amendment made by such titles) may be suspended 
for up to 1 year upon certification by the President to the appropriate 
congressional committees that the Government of North Korea has made 
progress toward--
            (1) verifiably ceasing its counterfeiting of United States 
        currency, including the surrender or destruction of specialized 
        materials and equipment used or particularly suitable for 
        counterfeiting;
            (2) taking steps toward financial transparency to comply 
        with generally accepted protocols to cease and prevent the 
        laundering of monetary instruments;
            (3) taking steps toward verification of its compliance with 
        applicable United Nations Security Council resolutions;
            (4) taking steps toward accounting for and repatriating the 
        citizens of other countries--
                    (A) abducted or unlawfully held captive by the 
                Government of North Korea; or

[[Page 130 STAT. 115]]

                    (B) detained in violation of the Agreement 
                Concerning a Military Armistice in Korea, signed at 
                Panmunjom July 27, 1953 (commonly referred to as the 
                ``Korean War Armistice Agreement'');
            (5) accepting and beginning to abide by internationally 
        recognized standards for the distribution and monitoring of 
        humanitarian aid; and
            (6) taking verified steps to improve living conditions in 
        its political prison camps.

    (b) Renewal of Suspension. <<NOTE: Time period.>> --The suspension 
described in subsection (a) may be renewed for additional, consecutive 
180-day periods after the President certifies to the appropriate 
congressional committees that the Government of North Korea has 
continued to comply with the conditions described in subsection (a) 
during the previous year.
SEC. 402. <<NOTE: President. Determination. Certification. 22 USC 
                        92512.>>  TERMINATION OF SANCTIONS AND 
                        OTHER MEASURES.

    Any sanction or other measure required under title I, II, or III (or 
any amendment made by such titles) shall terminate on the date on which 
the President determines and certifies to the appropriate congressional 
committees that the Government of North Korea has--
            (1) met the requirements set forth in section 401; and
            (2) made significant progress toward--
                    (A) completely, verifiably, and irreversibly 
                dismantling all of its nuclear, chemical, biological, 
                and radiological weapons programs, including all 
                programs for the development of systems designed in 
                whole or in part for the delivery of such weapons;
                    (B) releasing all political prisoners, including the 
                citizens of North Korea detained in North Korea's 
                political prison camps;
                    (C) ceasing its censorship of peaceful political 
                activity;
                    (D) establishing an open, transparent, and 
                representative society; and
                    (E) fully accounting for and repatriating United 
                States citizens (including deceased United States 
                citizens)--
                          (i) abducted or unlawfully held captive by the 
                      Government of North Korea; or
                          (ii) detained in violation of the Agreement 
                      Concerning a Military Armistice in Korea, signed 
                      at Panmunjom July 27, 1953 (commonly referred to 
                      as the ``Korean War Armistice Agreement'').
SEC. 403. <<NOTE: 22 USC 9253.>>  AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each of 
fiscal years 2017 through 2021--
            (1) $3,000,000 to carry out section 103 of the North Korea 
        Human Rights Act of 2004 (22 U.S.C. 7813);
            (2) $3,000,000 to carry out subsections (a), (b), and (c) of 
        section 104 of that Act (22 U.S.C. 7814);
            (3) $2,000,000 to carry out subsection (d) of such section 
        104, as add by section 301 of this Act; and
            (4) $2,000,000 to carry out section 203 of the North Korea 
        Human Rights Act of 2004 (22 U.S.C. 7833).

    (b) Availability of Funds.--Amounts appropriated for each fiscal 
year pursuant to subsection (a) shall remain available until expended.

[[Page 130 STAT. 116]]

SEC. 404. <<NOTE: 22 USC 9254.>>  RULEMAKING.

    (a) In General.--The President is authorized to promulgate such 
rules and regulations as may be necessary to carry out the provisions of 
this Act (which may include regulatory exceptions), including under 
section 205 of the International Emergency Economic Powers Act (50 
U.S.C. 1704).
    (b) Rule of Construction.--Nothing in this Act, or in any amendment 
made by this Act, may be construed to limit the authority of the 
President to designate or sanction persons pursuant to an applicable 
Executive order or otherwise pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 405. <<NOTE: 22 USC 9255.>>  AUTHORITY TO CONSOLIDATE 
                        REPORTS.

    Any and all reports required to be submitted to appropriate 
congressional committees under this Act or any amendment 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 that is submitted 
to appropriate congressional committees pursuant to such deadline. The 
consolidated reports must contain all information required under this 
Act or any amendment made by this Act, in addition to all other elements 
mandated by previous law.
SEC. 406. <<NOTE: 22 USC 9201 note.>>  EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall take effect on the date of the 
enactment of this Act.

    Approved February 18, 2016.

LEGISLATIVE HISTORY--H.R. 757:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-392, Pt. 1 (Comm. on Foreign Affairs).
CONGRESSIONAL RECORD, Vol. 162 (2016):
            Jan. 11, 12, considered and passed House.
            Feb. 10, considered and passed Senate, amended.
            Feb. 12, House concurred in Senate amendment.

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