[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4824 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4824

 To provide for proper oversight of North Korea policy, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2022

  Mr. Menendez (for himself and Mr. Hagerty) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
 To provide for proper oversight of North Korea policy, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Korea Policy Oversight Act of 
2022''.

SEC. 2. DEFINITIONS.

     In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) Nuclear nonproliferation treaty.--The term ``nuclear 
        nonproliferation treaty'' means the Treaty on the Non-
        Proliferation of Nuclear Weapons, done at Washington, London, 
        and Moscow July 1, 1968 (21 UST 483).

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) The world faces a greater risk of nuclear conflict 
        today than at any time since the height of the Cold War, due to 
        Russia's threatened use of nuclear weapons during its invasion 
        of Ukraine, China's pursuing a rapid expansion of its nuclear 
        arsenal, Iran's continued efforts to pursue nuclear weapons, 
        and Kim Jong-un's relentless pursuit of nuclear weapons and 
        ballistic missiles in the face of global condemnation and 
        severe economic sanctions by the international community.
            (2) The North Korean nuclear program did not arise 
        instantaneously, but is the culmination of the rogue regime's 
        illegal efforts over 7 decades to acquire a viable deterrent 
        that threatens both the United States and our critical allies 
        in the Indo-Pacific region.
            (3) North Korea has conducted 6 nuclear tests since 2006, 
        with each test increasing in explosive strength and 
        sophistication.
            (4) North Korea's last nuclear test, occurring on September 
        3, 2017, was its largest nuclear explosion to date, registering 
        a 6.3 magnitude earthquake according to the United States 
        Geological Survey with an estimated yield of 140 kilotons.
            (5) According to open source analysis, North Korea has 
        produced enough fissile material for at least 30 to 60 nuclear 
        weapons.
            (6) North Korea maintains a robust ballistic missile 
        portfolio that includes a diverse array of delivery systems 
        capable of striking targets throughout the region, including 
        short-range Scuds, medium-range No-Dong missiles, an 
        increasingly capable cruise missile program, and 
        intercontinental ballistic missiles that are potentially 
        capable of targeting the United States homeland.
            (7) The Department of Defense estimates that North Korea 
        currently wields approximately 200 launchers capable of firing 
        short and medium range ballistic missiles.
            (8) Since January 2022, North Korea has conducted 13 
        ballistic missile tests, including at least three assessed in 
        open source analysis to be intercontinental ballistic missiles.
            (9) Rigorous international economic sanctions applied since 
        the passage of the North Korea Sanctions and Policy Enhancement 
        Act of 2016 (Public Law 114-122), including by the United 
        States and the United Nations Security Council, intensified 
        pressure on the regime and focused international attention on 
        the urgency of the challenge posed by the Kim regime in 
        Pyongyang.
            (10) The Government of the Democratic People's Republic of 
        Korea has flagrantly defied the international community by 
        illicitly developing its nuclear and ballistic missile 
        programs, in violation of United Nations Security Council 
        Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 
        2270 (2016), 2321 (2016), 2371 (2017), 2375 (2017), and 2397 
        (2017).
            (11) The Government of the Democratic People's Republic of 
        Korea engages in gross human rights abuses against its own 
        people and citizens of other countries, including the United 
        States, the Republic of Korea, and Japan.
            (12) In 2018 and 2019, the United States and North Korea 
        engaged in intensive diplomacy, including three leader-level 
        summits between Donald Trump and Kim Jong-Un, resulting in the 
        first leader-level commitment from North Korea to denuclearize, 
        as stated in the 2018 Singapore Joint Statement.
            (13) The stakes for the security of the United States and 
        United States allies are such that all credible diplomatic 
        options must be prioritized, resourced, and fully pursued, in 
        addition to maintaining robust and credible deterrence.
            (14) Economic pressure and sanctions provide critical 
        leverage in any such diplomatic negotiations and must be 
        maintained and strengthened until the North Korean regime takes 
        meaningful and verifiable actions toward denuclearization.
            (15) The North Korean regime has a record of failing to 
        live up to its diplomatic commitments, rejecting good faith 
        efforts by United States and international negotiators, and 
        leveraging talks to extract concessions such as sanctions 
        relief.
            (16) In order to prevent the North Korean regime from 
        further developing, using, or disseminating nuclear or 
        ballistic weapons, technology, and related material, the United 
        States Government should continue a campaign of economic 
        pressure and sanctions, counter-proliferation, containment, and 
        deterrence until North Korea completely, verifiably, and 
        irreversibly denuclearizes.
            (17) The North Korea Sanctions and Policy Enhancement Act 
        of 2016 states that there can be no sanctions relief unless 
        North Korea has ``made significant progress toward 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''.
            (18) The United States Government has successfully pursued 
        a policy of deterrence, which has kept the American people safe 
        from a nuclear attack from the Russian Federation, China, and 
        other states with nuclear weapons, which have a combined 
        nuclear arsenal of more than 7,000 warheads.
            (19) Over time, the United States policy of deterrence, 
        containment, and diplomacy to reduce nuclear weapons risks 
        protected the American people and contributed to the peaceful 
        dissolution of the Soviet Union.
            (20) The United States, the Republic of Korea, and Japan 
        are all free societies that are committed to the principles of 
        inclusive democracy, respect for human potential and individual 
        freedom, and the belief that the peaceful spread of these 
        principles will result in a safer and brighter future for all 
        of mankind.
            (21) The Governments and people of the United States, the 
        Republic of Korea, and Japan can help realize this future 
        through further strengthening their economic, political, 
        social, cultural, and security relationships.
            (22) The Governments and people of the United States, the 
        Republic of Korea, and Japan share a commitment to free and 
        open markets, high standards for the free flow of commerce and 
        trade, and the establishment of an inclusive architecture for 
        regional and global trade and development.
            (23) The United States-Japan and United States-Republic of 
        Korea security alliances have evolved considerably over many 
        decades and will continue to share greater responsibilities and 
        dedicate themselves to a secure and prosperous region and 
        world.
            (24) Robust military posture, including regular training 
        and exercises, by the United States, the Republic of Korea, and 
        Japan, is critical to ensuring peace and stability in Northeast 
        Asia.
            (25) In the absence of an imminent threat to the United 
        States or its allies, a preventive war against North Korea 
        would pose extraordinary risks to the United States and 
        security in Northeast Asia and would require consent of 
        Congress under article I of the Constitution.
            (26) With China engaging in a ``strategic breakout'', as 
        noted by United States Strategic Commander Admiral Charles 
        Richard in August 2021, the United States faces an 
        unprecedented strategic challenge in the Indo-Pacific region as 
        China's nuclear weapons program will alter the nuclear balance 
        in the Indo-Pacific, including Northeast Asia.
            (27) An effective policy of deterrence requires--
                    (A) clear, consistent, and credible messaging of 
                costs to an adversary such that it recognizes that its 
                use of nuclear weapons would result in massive 
                retaliation; and
                    (B) the vigorous use of diplomatic, economic, 
                military, and other coercive tools to ensure stable 
                deterrence and prevent an adversary from proliferating 
                material or technology.
            (28) The United States requires a comprehensive diplomatic 
        strategy that outlines the fundamental principles, actions, and 
        verification and compliance mechanisms necessary to properly 
        engage the Government of the Democratic People's Republic of 
        Korea on the full denuclearization of North Korea.

SEC. 4. STATEMENTS OF POLICY.

    (a) In General.--It is the policy of the United States--
            (1) to pursue all credible diplomatic means to achieve the 
        complete and verifiable dismantlement of North Korean nuclear 
        weapons and ballistic and cruise missile programs;
            (2) until such time as denuclearization is achieved--
                    (A) to deter North Korea from using weapons of mass 
                destruction or leveraging those weapons to coerce 
                United States allies;
                    (B) to contain attempts by North Korea to 
                proliferate such weapons and technologies;
                    (C) to ensure that the United States and allies 
                maintain credible deterrence against North Korea, 
                including the presence of United States military troops 
                in the Korean Peninsula and Japan, as well as the 
                development and deployment of new military 
                capabilities; and
                    (D) to continue the maximum pressure campaign 
                against North Korea and its enablers, in cooperation 
                with the United Nations and the international 
                community;
            (3) should diplomacy and deterrence fail to result in the 
        complete, verifiable denuclearization of North Korea, to 
        reserve the right to utilize all available options to protect 
        and defend United States national security interests and meet 
        United States treaty obligations; and
            (4) to uphold the Nuclear Nonproliferation Treaty and not 
        recognize North Korea as a legitimate nuclear weapons state.
    (b) Diplomacy.--It is the policy of the United States--
            (1) to pursue diplomatic engagement, as appropriate and 
        consistent with United States national security interests, with 
        the North Korean regime for the purposes of--
                    (A) advancing meaningful negotiations regarding 
                denuclearization, including the Government of North 
                Korea abandoning and dismantling its unlawful missile 
                and nuclear weapons programs, ceasing its proliferation 
                activities, and coming into compliance with all 
                relevant international agreements and United Nations 
                Security Council resolutions;
                    (B) reducing the risks of military miscalculation; 
                and
                    (C) creating opportunities for the development of 
                confidence building measures as part of a broader 
                effort to denuclearize North Korea;
            (2) to formulate and carry out policy affecting the Korean 
        Peninsula in close cooperation with United States allies, 
        particularly the Republic of Korea;
            (3) to encourage all nations to deny North Korea the 
        ability to maintain diplomatic missions on foreign soil until 
        such time as the Government of the Democratic People's Republic 
        of Korea takes credible and verifiable steps toward 
        denuclearization;
            (4) to encourage all nations to fully implement and enforce 
        United Nations sanctions with respect to North Korea, including 
        sanctions related to ending the practice of hosting overseas 
        North Korean workers;
            (5) to increase the effectiveness of United States 
        sanctions by seeking to work through the United Nations and 
        with other like-minded countries to ensure a multilateral 
        approach to sanctions;
            (6) to provide unmistakable assurance to Japan and the 
        Republic of Korea, including through extended deterrence 
        commitments and the presence of forward-deployed United States 
        military forces, that the United States is committed to 
        fulfilling its treaty obligations if they are attacked;
            (7) to resist actions by the People's Republic of China 
        (PRC) to use North Korea issues as a way to draw the attention 
        of the United States Government away from other important 
        regional issues and challenges;
            (8) to provide support for North Korean refugees and asylum 
        seekers in accordance with United States law;
            (9) to promote the human rights and dignity of the North 
        Korean people, including through the United Nations and other 
        multilateral institutions; and
            (10) to seek opportunities for humanitarian actions, such 
        as family reunification and the return of human remains.
    (c) Economic Pressure.--It is the policy of the United States to 
sustain and calibrate economic pressure on North Korea until the regime 
undertakes meaningful and verifiable actions toward denuclearization, 
including by--
            (1) encouraging all nations to robustly implement and 
        enforce existing United Nations sanctions;
            (2) leveraging the strength of the United States financial 
        system to deny access by the Government of the Democratic 
        People's Republic of Korea and those with whom such government 
        facilitates illicit financial transactions to the United States 
        and global markets, including through the use of secondary 
        sanctions;
            (3) encouraging all nations, consistent with United Nations 
        Security Council resolutions, to end the practice of hosting 
        North Korean citizens as guest workers, recognizing that such 
        workers are demonstrated to constitute an illicit source of 
        revenue for the Kim regime and its nuclear ambitions;
            (4) working with the international community on rigorous 
        interdiction of shipments to and from North Korea, including 
        ship-to-ship transfers, consistent with United Nations Security 
        Council resolutions that have banned nearly every major export 
        from North Korea; and
            (5) strictly implementing and enforcing United States laws 
        with respect to sanctioning entities, including Russian and 
        Chinese entities, that knowingly engage with sanctioned 
        entities from North Korea or trade in items prohibited under 
        United Nations Security Council resolutions.
    (d) Proliferation of Nuclear and Missile Technology.--It is the 
policy of the United States--
            (1) to prevent the transfer of nuclear weapons, missile 
        technology, or related material to or from North Korea and 
        other states or non-state actors;
            (2) to support the efforts of the international community 
        to detect, interdict, and prevent the transfers of nuclear or 
        missile technology or related items to or from North Korea;
            (3) to prioritize close coordination with global partners, 
        including through technical assistance and capacity building, 
        to enhance the ability of the global community to monitor, 
        interdict, and prosecute entities that engage in transfer of 
        nuclear weapons, missile technology, or related material to or 
        from North Korea; and
            (4) consistent with United States obligations under the 
        Nuclear Nonproliferation Treaty to encourage all countries that 
        are party to such treaty and International Atomic Energy Agency 
        agreements to abide by their obligations and commitments.
    (e) Alliances and Military Posture.--It is the policy of the United 
States--
            (1) to reaffirm the importance of the United States-Japan 
        and United States-Republic of Korea alliances for maintaining 
        peace and stability in the Indo-Pacific region and beyond;
            (2) to reaffirm United States extended deterrence 
        commitments to Japan and the Republic of Korea, and to back up 
        such commitments with concrete actions such as prioritizing 
        nuclear modernization to sustain credible deterrence;
            (3) to reaffirm the importance of the forward-deployed 
        presence of United States military forces in Japan and Korea, 
        and affirm close alliance coordination on any adjustment of 
        United States military posture in the region;
            (4) to strengthen United States efforts to confront 
        emerging or asymmetric challenges, including cyber and space;
            (5) to safeguard maritime security and ensure freedom of 
        navigation, commerce, and overflight in the Indo-Pacific 
        region; and
            (6) to cooperate with allies and partners in the provision 
        of public goods to the region, including humanitarian relief 
        and disaster response.
    (f) Military Measures.--It is the policy of the United States--
            (1) to keep United States security commitments to United 
        States allies in the face of North Korea's continuing threat, 
        including taking necessary actions for United States self-
        defense and the defense of United States allies, including 
        joint military exercises, modernization of weapons systems 
        deployed in the region, and robust counter-provocation planning 
        by the United States and Republic of Korea Combined Forces 
        Command;
            (2) consistent with longstanding United States interests in 
        maintaining stability in Asia, to develop and deploy effective 
        and reliable anti-ballistic missile capabilities to defend the 
        United States homeland, United States forces in the region, and 
        United States allies Japan and South Korea;
            (3) to formulate and carry out military planning and 
        operations impacting the Korean Peninsula in close cooperation 
        with United States allies, particularly the Republic of Korea 
        and Japan;
            (4) to deter North Korea in a manner that bolsters the 
        force posture and military strength of our alliance and partner 
        networks in the broader Asia-Pacific region; and
            (5) to maintain, as necessary and appropriate, credible and 
        overwhelming military options against the Government of the 
        Democratic People's Republic of Korea, consistent with efforts 
        to deter the regime from use of nuclear weapons, ballistic 
        missiles, and related technology.
    (g) Human Rights.--It is the policy of the United States--
            (1) to continue to make it a priority to improve 
        information access in North Korea by exploring the use of new 
        and emerging technologies and expanding nongovernmental radio 
        broadcasting to North Korea, including news and information, to 
        increase information dissemination in the Democratic People's 
        Republic of Korea (``DPRK'');
            (2) to commit to exploring appropriate opportunities for 
        coordinating efforts to plan for humanitarian needs in the 
        DPRK;
            (3) to press for non-choreographed access for the Special 
        Rapporteur on the situation of human rights in the DPRK and the 
        United Nations High Commissioner for Human Rights;
            (4) to continue to seek cooperation from foreign 
        governments to allow the United States to process North Korean 
        refugees overseas for United States resettlement;
            (5) to urge the Government of the People's Republic of 
        China to halt forcible repatriation of North Koreans;
            (6) to promote democracy, human rights, and a market 
        economy in North Korea;
            (7) to increase the availability of nongovernmental 
        controlled information inside North Korea; and
            (8) to uphold the North Korean regime to resolve the issue 
        of Japanese citizens abducted by the North Korean regime and to 
        emphasize the need for their safe return.
    (h) Information Dissemination Efforts.--It is the policy of the 
United States--
            (1) to increase the flow of information, news, and cultural 
        programming into North Korea, including through radio and 
        television broadcasts, digital media, and other means;
            (2) to increase the flow of information to North Korean 
        citizens, including through radio and television broadcasts, 
        digital media, and other means; and
            (3) to fulfill all requirements under United States law, 
        including the North Korea Sanctions and Policy Enhancement Act 
        of 2016, with regard to providing resources for freedom of 
        information efforts into North Korea, and to regularly consult 
        with Congress regarding such efforts.
    (i) Strategy Required.--
            (1) In general.--The President shall submit to the national 
        security committees a detailed strategy, which may include a 
        classified annex, for the implementation of policies outlined 
        in subsections (b) through (h), augmented by briefings to the 
        national security committees on a quarterly basis or as 
        requested.
            (2) National security committees defined.--In this 
        subsection, the term ``national security committees'' means--
                    (A) the Committee on Armed Services, the Select 
                Committee on Intelligence, and the Committee on Foreign 
                Relations of the Senate; and
                    (B) the Committee on Armed Services, the Permanent 
                Select Committee on Intelligence, and the Committee on 
                Foreign Affairs of the House of Representatives.

SEC. 5. DIPLOMATIC STRATEGY.

    (a) Diplomatic Strategy Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 180 days thereafter for a 
        period of two years, the President shall submit to the 
        appropriate congressional committees a report that describes--
                    (A) how the diplomatic negotiations with the 
                Government of the Democratic People's Republic of Korea 
                are expected to proceed; and
                    (B) actions taken by the United States Government 
                to address the threats posed by, and the capabilities 
                of, the Democratic People's Republic of Korea.
            (2) Elements.--Each report required under paragraph (1) 
        shall include--
                    (A) an overview of ongoing efforts by the United 
                States Government to develop diplomatic strategies to 
                ensure that North Korea returns to negotiations with 
                the United States, as well as a negotiation strategy 
                for the United States Government in the event that 
                North Korea returns to negotiations with the United 
                States, including an assessment of strategies--
                            (i) to achieve peaceful denuclearization of 
                        North Korea;
                            (ii) to eliminate the threat posed by the 
                        ballistic and cruise missile programs of the 
                        Democratic People's Republic of Korea; and
                            (iii) to continue the maximum pressure 
                        campaign, in coordination with United States 
                        allies;
                    (B) an assessment of--
                            (i) the roadmap toward peaceful 
                        denuclearization of North Korea and the 
                        elimination of the nuclear, ballistic, and 
                        cruise missile threats posed by the Democratic 
                        People's Republic of Korea;
                            (ii) specific actions that the Government 
                        of the Democratic People's Republic of Korea 
                        would need to take for such roadmap to become 
                        viable;
                            (iii) specific actions that the United 
                        States Government could possibly take for such 
                        roadmap to become viable;
                            (iv) specific actions that other countries 
                        in the Indo-Pacific, including the Republic of 
                        Korea, Japan, China, and Russia, could possibly 
                        take for such roadmap to become viable; and
                            (v) specific actions that international and 
                        regional institutions could possibly take for 
                        such roadmap to become viable; and
                    (C) a summary of the United States strategy to 
                increase international coordination and cooperation, 
                whether unilaterally, bilaterally, or multilaterally, 
                including sanctions implementation, enforcement, and 
                interdiction--
                            (i) to encourage credible diplomatic 
                        engagement by the DPRK; and
                            (ii) to address any threat posed by the 
                        nuclear, ballistic, and cruise missile programs 
                        of the Democratic People's Republic of Korea.
            (3) Form.--Each report required under this subsection shall 
        be submitted in unclassified form, but may include a classified 
        annex.
            (4) Updates.--Should the United States and North Korea 
        engage in bilateral or multilateral diplomacy to achieve, 
        implement, or verify that North Korea's denuclearization is 
        ongoing, the President shall augment the first strategy report 
        submitted with written updates on the negotiation process, to 
        be submitted to the appropriate congressional committees every 
        45 days thereafter.
    (b) Policy of the United States With Respect to Sanctions Against 
the Democratic People's Republic of Korea.--Not later than 30 days 
after terminating any sanction with respect to the activities of the 
Government of the Democratic People's Republic of Korea, a person 
acting for or on behalf of that government, or any other person as 
provided for in Executive Order 13687 or Executive Order 13722, to the 
extent relevant, the Secretary of State shall submit to the appropriate 
congressional committees a report regarding the cessation of any 
illicit activity, including any implicated by United Nations Security 
Council Resolution 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 
2270 (2016), 2321 (2016), 2371 (2017), or 2375 (2017), by that 
government or person.
    (c) Alliances and Military Posture and Extended Deterrence.--
            (1) Report on united states force posture in the united 
        states indo-pacific command area of responsibility.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, and annually 
                thereafter for a period of two years, the Secretary of 
                Defense shall submit to the appropriate congressional 
                committees a report providing an assessment of the 
                effect of any negotiations or agreements with the DPRK 
                on United States security interests and United States 
                military presence and alliance implications in the 
                United States Indo-Pacific Command area of 
                responsibility.
                    (B) Elements.--The report required under 
                subparagraph (A) shall include--
                            (i) a review of current and emerging United 
                        States national security interests in the 
                        United States Indo-Pacific Command area of 
                        responsibility;
                            (ii) a review of current United States 
                        military force posture and deployment plans of 
                        the United States Indo-Pacific Command; and
                            (iii) the views of counterpart governments, 
                        including military commanders in the region, of 
                        the impact of negotiations or agreements with 
                        the DPRK on United States extended deterrence 
                        commitments to the Republic of Korea.
            (2) Report on united states force posture in the united 
        states forces korea area of responsibility.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, and every year 
                thereafter for a period of two years, the Secretary of 
                Defense shall submit to the appropriate congressional 
                committees a report providing an assessment of the 
                effect of any negotiations or agreements with the DPRK 
                on United States security interests and United States 
                military presence and alliance implications in the 
                United States Forces Korea area of responsibility.
                    (B) Elements.--The report required under 
                subparagraph (A) shall include--
                            (i) a review of current and emerging United 
                        States national security interests in the 
                        United States Forces Korea area of 
                        responsibility;
                            (ii) a review of current United States 
                        military force posture and deployment plans of 
                        the United States Forces Korea; and
                            (iii) the views of counterpart governments, 
                        including military commanders in the region, of 
                        the impact of negotiations or agreements with 
                        the DPRK on United States extended deterrence 
                        commitments to the Republic of Korea.
            (3) Report on united states force posture in the united 
        states forces japan area of responsibility.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, and annually 
                thereafter for a period of two years, the Secretary of 
                Defense shall submit to the appropriate congressional 
                committees a report providing an assessment of the 
                effect of any negotiations or agreements with the DPRK 
                on United States security interests and United States 
                military presence and alliance implications in the 
                United States Forces Japan area of responsibility.
                    (B) Elements.--The report required under 
                subparagraph (A) shall include--
                            (i) a review of current and emerging United 
                        States national security interests in the 
                        United States Forces Japan area of 
                        responsibility;
                            (ii) a review of current United States 
                        military force posture and deployment plans of 
                        the United States Forces Japan; and
                            (iii) the views of counterpart governments, 
                        including military commanders in the region, of 
                        the impact of negotiations or agreements with 
                        the DPRK on United States extended deterrence 
                        commitments to Japan.
            (4) Authority to consolidate reports.--Any reports required 
        to be submitted under this subsection to the appropriate 
        congressional committees that are subject to a deadline for 
        submission consisting of the same unit of time may be 
        consolidated into a single report. The consolidated report 
        shall contain all information required under this Act with 
        respect to the reports comprising such consolidated report.

SEC. 6. BRIEFINGS.

    (a) Member Briefings.--
            (1) In general.--Following each round of diplomatic talks 
        between the United States and North Korea, the Secretary of 
        State and the Director of National Intelligence shall hold, for 
        the appropriate congressional committees and congressional 
        leaders, briefings on the negotiations.
            (2) Classification.--The briefings required under paragraph 
        shall be held in a classified format.
    (b) Staff Briefings.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State, with the 
        concurrence of the Director of National Intelligence, shall 
        hold monthly briefings for cleared national security staff 
        members of the appropriate congressional committees.
            (2) Classification.--The briefings required under paragraph 
        (1) shall be held in a classified format.

SEC. 7. CONGRESSIONAL HEARINGS.

    During each quarterly period that diplomatic talks undertaken 
between the United States and North Korea continue, the Committee on 
Foreign Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives shall, as appropriate, hold hearings and 
otherwise obtain information in order to fully review the negotiations.

SEC. 8. OVERSIGHT OF AGREEMENTS WITH NORTH KOREA.

    (a) Transmission to Congress of Nuclear Agreements With North Korea 
and Verification Assessment With Respect to Such Agreements.--
            (1) Transmission of agreements.--Not later than 5 days 
        after reaching an agreement with North Korea relating to the 
        nuclear and missile program of North Korea, the President shall 
        transmit to the appropriate congressional committees, the 
        majority and minority leader of the Senate and the Speaker, 
        majority leader, and minority leader of the House of 
        Representatives--
                    (A) the agreement, including all related materials 
                and annexes; and
                    (B) a verification assessment report prepared by 
                the Secretary of State in accordance with paragraph 
                (2).
            (2) Verification assessment report.--
                    (A) In general.--The Secretary of State shall 
                prepare, with respect to an agreement described in 
                paragraph (1), a report assessing--
                            (i) the extent to which the United States 
                        Government will be able to verify that North 
                        Korea is complying with its obligations and 
                        commitments under the agreement, including how 
                        North Korea might attempt to conceal its 
                        program;
                            (ii) the adequacy of the safeguards and 
                        other control mechanisms and other assurances 
                        contained in the agreement with respect to 
                        North Korean nuclear and missile programs to 
                        ensure North Korea activities are limited to 
                        the subset of activities permitted under the 
                        agreement; and
                            (iii) the capacity and capability of the 
                        United States and international organizations, 
                        such as the International Atomic Energy Agency, 
                        to effectively implement the verification 
                        regime required by or related to the agreement, 
                        including whether the United States or 
                        international organizations will have--
                                    (I) sufficient access to--
                                            (aa) all nuclear facilities 
                                        that span the entire nuclear 
                                        fuel cycle;
                                            (bb) facilities associated 
                                        with the nuclear weaponization 
                                        program;
                                            (cc) facilities associated 
                                        with its missile program; and
                                            (dd) declared and 
                                        undeclared sites; and
                                    (II) the ability to investigate 
                                suspicious sites or allegations of 
                                covert nuclear-related activities.
                    (B) Classified annex.--The report required under 
                subparagraph (A) shall be transmitted in unclassified 
                form, but shall include a classified annex prepared in 
                consultation with the Director of National 
                Intelligence, summarizing relevant classified 
                information.
    (b) Sense of Congress on North Korea Final Agreement.--It is the 
sense of Congress that any binding agreement between the United States 
and the Democratic People's Republic of Korea should be submitted to 
the United States as a treaty and subject to the advice and consent of 
the Senate in accordance with article II, section 2, clause 2 of the 
Constitution of the United States.

SEC. 9. ADDITIONAL REPORTS.

    (a) Verification and Compliance Reports.--
            (1) In general.--Not later than 90 days after entering into 
        an agreement with North Korea, the Secretary of State, with the 
        concurrence of the Director of National Intelligence, shall 
        submit to the appropriate congressional committees a report on 
        North Korea's record of verification and compliance.
            (2) Classification.--The report required under paragraph--
                    (A) may be submitted in classified form;
                    (B) shall contain an unclassified executive 
                summary; and
                    (C) may contain an unclassified annex.
    (b) Semi-Annual Report.--Not later than 180 days after entering 
into an agreement with North Korea, and not less frequently than once 
every 180 days thereafter for a period of two years, the President 
shall submit to the appropriate congressional committees and leadership 
a report on North Korea's nuclear and missile program and the 
compliance of North Korea with the agreement during the period covered 
by the report, which shall include--
            (1) a description of any action or failure to act by the 
        Government of the Democratic People's Republic of Korea that 
        breached the agreement or is in noncompliance with the terms of 
        the agreement;
            (2) a description of the status and activities of any North 
        Korea nuclear facilities related to the nuclear fuel cycle, 
        including mining and exploration, milling, conversion, 
        enrichment, fuel fabrication, reactors, reprocessing, and 
        storage;
            (3) a description of the status and activities of any North 
        Korea nuclear facilities related to the North Korean nuclear 
        weaponization program, including research and development, 
        education and training, and testing;
            (4) a description of the status and activities of any North 
        Korea missile facilities, including research and development, 
        production, testing, and basing;
            (5) a description of any delay by the Government of the 
        Democratic People's Republic of Korea of more than 1 week in 
        providing inspectors access to facilities, people, and 
        documents in North Korea as required by the agreement;
            (6) a description of any covert nuclear activities 
        undertaken by the Government of the Democratic People's 
        Republic of Korea, including any covert nuclear weapons-
        related, covert fissile material activities, covert missile 
        activities, or research and development; and
            (7) a description of any transfer or diversion by the 
        Government of the Democratic People's Republic of Korea of its 
        nuclear materials, components, technology, or equipment to 
        state or non-state actors.

SEC. 10. REPORT ON NORTH KOREAN CYBER ACTIVITIES TO FUND ITS WEAPONS 
              PROGRAM.

    (a) Finding.--As North Korea continues to be cut off from the 
international financial system, North Korea increasingly relies on new 
methods and means--such as cryptocurrency, digital currency, and 
cyberattacks--to finance its nuclear weapons and ballistic missiles 
programs. A February 2022 United Nations report found that North Korean 
hackers stole more than $50,000,000 in cryptocurrencies between 2020 
and mid-2021. The report follows the United Nations' 2019 findings that 
North Korea had accumulated an estimated $2,000,000,000 in stolen 
assets to facilitate its weapons program through cyberattacks.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        of State, in coordination with the Secretary of Defense, the 
        Director of National Intelligence, the Director of the Federal 
        Bureau of Investigation, the Secretary of the Treasury, and the 
        Attorney General, shall submit to the appropriate congressional 
        committees a report on North Korea's use of cyberattacks and 
        cryptocurrency and other digital currency to finance its 
        nuclear weapons and ballistic missiles programs, including 
        through the evasion of sanctions.
            (2) Elements.--The report required under subparagraph (A) 
        shall include--
                    (A) a review of how North Korea uses cyberattacks, 
                including stealing virtual assets, to support its 
                nuclear weapons and ballistic missiles programs;
                    (B) a discussion of how cryptocurrency exchanges 
                and exchange operators facilitate North Korean theft, 
                and recommendations for sanctioning persons and 
                entities linked to illicit cryptocurrency exchange;
                    (C) a review of how the United States Government is 
                tracing, disrupting, interdicting, and deterring these 
                attacks, including--
                            (i) efforts to deter telecommunications 
                        companies from facilitating North Korean 
                        cyberattacks directed at digital financial 
                        platforms;
                            (ii) efforts to deter over-the-counter 
                        (OTC) brokers and other actors from laundering 
                        digital assets and converting such assets to 
                        fiat currencies;
                            (iii) efforts to coordinate cryptocurrency 
                        regulations with partners and allies, including 
                        through forums like the United Nations, the 
                        Financial Action Task Force, the Group of 
                        Seven, and the Group of Twenty; and
                            (iv) efforts to increase intelligence 
                        sharing on cyber threats with partners and 
                        allies to better trace North Korean 
                        cyberattacks and cyber theft of digital assets; 
                        and
                    (D) a review of how the United States Government is 
                working with its allies and partners, as well as 
                international institutions and the private sector, to 
                trace, disrupt, interdict, and deter North Korea's 
                cyberattacks.

SEC. 11. IMPOSITION OF SANCTIONS WITH RESPECT TO USE OF CRYPTOCURRENCY 
              TO EVADE SANCTIONS IMPOSED WITH RESPECT TO NORTH KOREA 
              AND ABDUCTION BY NORTH KOREAN PERSONS OF CITIZENS OF 
              JAPAN.

    Section 104(a) of the North Korea Sanctions and Policy Enhancement 
Act of 2016 (22 U.S.C. 9214(a)) is amended--
            (1) in paragraph (14), by striking ``; or'' and inserting a 
        semicolon;
            (2) by redesignating paragraph (15) as paragraph (17);
            (3) by inserting after paragraph (14) the following:
            ``(15) knowingly uses or has used, or directly facilitates 
        or has directly facilitated the use of, cryptocurrency, a 
        digital currency, or a comparable monetary instrument to evade 
        sanctions with respect to North Korea imposed by the United 
        States or pursuant to an applicable United Nations Security 
        Council resolution;
            ``(16) is a North Korean person and knowingly participated 
        in or facilitated the abduction of a citizen of Japan; or''; 
        and
            (4) in paragraph (17), as redesignated by paragraph (2) of 
        this section, by striking ``(14)'' and inserting ``(16)''.

SEC. 12. REPORT ON THE POLITICAL, ECONOMIC, SOCIAL STABILITY OF NORTH 
              KOREA.

    Not later than 180 days after the enactment of this Act, the 
Secretary of State, the Secretary of Defense, and the Director of 
National Intelligence shall jointly submit to Congress a classified 
report on the political, economic, and social stability of North Korea.

SEC. 13. SPECIAL REPRESENTATIVE FOR NORTH KOREA.

    (a) In General.--There is established, within the Department of 
State, the Office of the Special Representative for North Korea (in 
this section referred to as the ``Office''). The head of the Office 
shall have the rank and status of ambassador and shall be appointed by 
the President, by and with the advice and consent of the Senate. The 
head of the Office shall report directly to the Secretary of State.
    (b) Duties.--The head of the Office shall have such duties and 
exercise such powers as the Secretary of State shall prescribe, 
including implementing the policy of the United States towards North 
Korea, preparations for possible negotiations with North Korea, and 
long-term planning for various scenarios with respect to the Korean 
Peninsula.
    (c) Independence of the Office.--The Office of the Special 
Representative for North Korea shall maintain management and budget 
independence and shall maintain an adequate number of dedicated staff.
    (d) Briefing.--Not later than 180 days after the date of the 
enactment of this Act, the Department of State shall brief the 
appropriate congressional committees on the structure and priorities of 
the Office, including with respect to staffing and management.
                                 <all>