[Congressional Record Volume 162, Number 26 (Friday, February 12, 2016)]
[House]
[Pages H779-H789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTH KOREA SANCTIONS ENFORCEMENT ACT OF 2016
Mr. ROYCE. Mr. Speaker, I move to suspend the rules and concur in the
Senate amendment to the bill (H.R. 757) to improve the enforcement of
sanctions against the Government of North Korea, and for other
purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) 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.
Sec. 403. Authorization of appropriations.
Sec. 404. Rulemaking.
Sec. 405. Authority to consolidate reports.
Sec. 406. Effective date.
SEC. 2. 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
(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--
[[Page H780]]
(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. 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. 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.
(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.
TITLE I--INVESTIGATIONS, PROHIBITED CONDUCT, AND PENALTIES
SEC. 101. 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. 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. 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--
(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. 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;
[[Page H781]]
(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
(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 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. 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
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
(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--
[[Page H782]]
(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) Determinations Regarding North Korea.--
(1) In general.--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 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. 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 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.
(c) Strategy to Improve International Implementation and
Enforcement of United Nations North Korea-specific
Sanctions.--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. 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) 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--
(A) the steps that the relevant agencies are taking to
curtail the trade described in subsection (b)(1); and
[[Page H783]]
(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. 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.--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.--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).
(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. ENHANCED INSPECTION AUTHORITIES.
(a) 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. 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. 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) 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
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. 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.--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);
(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.--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.--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. 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) an assessment of the extent to which a foreign
government has provided material support
[[Page H784]]
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) 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.--
(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. CODIFICATION OF SANCTIONS WITH RESPECT TO NORTH
KOREAN ACTIVITIES UNDERMINING CYBERSECURITY.
(a) In General.--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. 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
(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) 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. STRATEGY TO PROMOTE NORTH KOREAN HUMAN RIGHTS.
(a) 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) 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) 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 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. 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. 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.
(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) 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.--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.
[[Page H785]]
TITLE IV--GENERAL AUTHORITIES
SEC. 401. 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
(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.--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. 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. 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.
SEC. 404. 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. 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. 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on this resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE. I yield myself such time as I may consume.
Mr. Speaker, for 3 years the Committee on Foreign Affairs that I
chair has worked with great determination to build support for this
North Korea sanctions legislation.
I want to thank my Democratic colleagues, and I especially want to
thank the gentleman from New York (Mr. Engel), our ranking member, for
his support in this legislation.
I also thank Senators Corker, Cardin, and Gardner, for their
leadership in the Senate and for their strong additions, particularly
on human rights and on cyber attacks by the brutal and hostile North
Korean regime.
Today Congress--Democrats and Republicans, House and Senate--unites
to put this North Korean sanctions legislation on the President's desk.
Last month this bill passed the House with 418 votes, and this week it
passed the Senate 96-0.
Mr. Speaker, these overwhelming votes reflect bipartisan frustration
with our North Korea policy, a policy of strategic patience that isn't
working. Today Congress unites to say it is time for a new approach.
Mr. Speaker, last month North Korea conducted its fourth known
nuclear test, and last weekend it concluded a long-range missile test.
On Tuesday, our Director of National Intelligence, James Clapper,
testified that North Korea has restarted a plutonium reactor and
expanded that production of weapons-grade nuclear fuel.
The threat to the United States and our allies is real. The
tyrannical regime of Kim Jong-un has developed increasingly destructive
weapons: its miniaturized nuclear warheads that fit onto its most
reliable missiles. We cannot stand by any longer.
The legislation we consider today, H.R. 757, is the most
comprehensive North Korea sanctions legislation to come before this
body. My bill uses targeted financial and economic pressure to isolate
Kim Jong-un and his top officials from the assets they maintain in
foreign banks and from the hard currency that sustains their rule.
These assets are gained, in part, from illicit activities on the part
of North Korea, like counterfeiting U.S. currency and selling weapons
around the world, and they are used to advance the North Korean nuclear
program.
They also pay for the luxurious lifestyle of the ruling elites and
the continued repression of the North Korean people by their police
state.
In 2005, the Treasury Department blacklisted a small bank in Macao
called Banco Delta Asia, which not only froze North Korea's money in
the bank, but also scared away other financial institutions from
dealing with the Government of North Korea for fear that they, too,
would be blacklisted. Unfortunately, this effective policy was shelved
for ill-fated negotiations, but this bill can get us back to a winning
strategy.
Equally important to the strong sanctions in this bill are its
critical human rights provisions. North Korea operates a brutal system
of gulags that hold as many as 120,000 men, women, and children.
If a North Korean is suspected of any kind of dissenting opinion,
even telling a joke about the regime, his entire family for three
generations is punished. North Korea is a human rights house of
horrors.
Two years ago the U.N. Commission of Inquiry released the most
comprehensive report on North Korea to date, and their finding was that
the Kim Jong-un regime and the whole family regime has, for decades,
pursued policies involving crimes--and this is the words of the United
Nations report--crimes that shock the conscience of humanity.
[[Page H786]]
This amended version requires the administration to develop a
strategy to promote North Korean human rights, including a list of
countries that use North Korean slave labor.
The implementation of this bill will help sever a key subsidy for
North Korea's weapons of mass destruction program, for only when the
North Korean leadership realizes that its criminal activities are
untenable will the prospects for peace and security in northeast Asia
improve.
I reserve the balance of my time, Mr. Speaker.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of this measure.
First of all, let me thank Chairman Royce for authoring the bill. I
am proud to be the lead Democratic cosponsor, and I am glad that we are
almost to the finish line.
Just over a month ago we passed this bill and sent it to the Senate.
The Senate acted quickly to make minor adjustments, and today we will
pass this bipartisan legislation and send it to the President's desk.
This process is a great example of what we can accomplish when we
work in a bipartisan way to advance American security. As I have said
many times before, I am proud of the members on both sides of the aisle
of the Committee on Foreign Affairs because we have worked in a
bipartisan manner.
I would caution all Members about leveling political charges when it
comes to North Korea. I am reminded of the old adage that people who
live in glass houses shouldn't throw stones.
We all know North Korea is a problem, but let's not kid ourselves.
This problem has grown under many administrations, in Congresses of
both parties. So when we talk about how we got here, we need to really
focus in a bipartisan manner. That is what we are trying to do.
The Kim regime is dangerous. North Korea's nuclear program threatens
regional stability and global security. It worries me to think what
North Korea's leaders plan to do with their nuclear arsenal or who they
might be willing to sell nuclear material to.
While it is bad enough on its own, North Korea's nuclear program is
just the top item on a long list of dangerous and illegal activity by
that regime.
From cyber attacks to money laundering and counterfeiting, from human
rights abuses, as Chairman Royce has pointed out, to the regular
attacks on South Korea, the Kim regime runs roughshod over the rules
and norms that guide the global order. Yet, they haven't been deterred
by some of the toughest sanctions imaginable or the near-universal
condemnation of the global community or the deepening isolation of
North Korea from the rest of the world. So we are left to tighten the
screws even further. That is what we are trying to do today.
We need to work with South Korea and Japan on a tough, coordinated
response. We need to take every opportunity to collaborate on this
issue with the Chinese, who wield considerable influence over North
Korea, and we need to dial up our own sanctions and toughen sanctions
enforcement. That is exactly what this bill does.
North Korea is always looking for ways to get around our sanctions.
The sanctions in this bill would focus especially on North Korean
elites who conduct shady transactions with shell corporations, then
cover up the money trail. In Pyongyang, the capital, these cronies of
the Kim regime pocket the cash while the rest of the North Korean
people suffer.
I have been to North Korea twice, and it is just sickening that the
regime and its friends profit from these crimes while the rest of the
country is literally starving.
On that point, this bill includes important exceptions for the
humanitarian aid that benefits the North Korean people. Our anger is
not with the people of North Korea. In fact, the United States does a
great deal to provide aid to this oppressed population.
But they deserve better from their leaders. That is why we should
send this bill to the President. That is why we should continue to make
North Korea a top foreign policy priority.
The Kim family has ruled North Korea for many, many, many years. Kim
Jong-un seems to be the worst of the lot, with the repressions, the
assassinations, the political stranglehold that he keeps the whole
country in, and the fact that many people get caught, as Chairman Royce
pointed out, in the gulag. Families are oppressed. It is just a
nightmare of horrors.
The North Korean people deserve better from their leaders. That is
why we should send this bill to the President and why we should
continue to make North Korea a top foreign policy priority.
I am proud to support this bill. I am proud to be the lead Democrat
on the bill. I urge my colleagues to do the same.
Mr. Speaker, I reserve the balance of my time.
Mr. ROYCE. Mr. Speaker, before yielding to our next speaker, I also
want to note that this bill effectively reauthorizes and extends the
North Korean Human Rights Act of 2004, which I have worked to support
for more than a dozen years.
That groundbreaking law, which was reauthorized in 2008 and again in
2012 by our chairman emeritus, Ileana Ros-Lehtinen, emphasized that
human rights, the free flow of information, and the protection of those
who escaped are not only important to the people of North Korea, they
are also critical to changing North Korea's strategic calculus and
trying to force that rogue regime to address the needs of its own
people instead of threatening its neighbors.
Mr. Speaker, I yield 3 minutes to the gentleman from New Jersey (Mr.
Smith), chairman of the Foreign Affairs Subcommittee on Africa, Global
Health, Global Human Rights, and International Organizations.
{time} 0930
Mr. SMITH of New Jersey. I thank the gentleman for yielding.
Mr. Speaker, the North Korean dictatorship is an existential threat
that requires significantly enhanced vigilance and response.
The North Korea Sanctions Enforcement Act of 2016, authored by
Chairman Ed Royce, will ensure that the Obama administration takes
meaningful action to mitigate North Korea's cruelty, human rights
abuse, and military danger.
The U.S. can no longer sit on the sidelines while Kim Jong-un
proliferates nuclear and missile technology and abuses and starves the
North Korean people.
North Korea violates every single human right enshrined in the
Universal Declaration of Human Rights. North Korea is listed by the
State Department as a tier 3 country with respect to human trafficking.
It is designated as one of eight Countries of Particular Concern for
engaging in egregious violations of religious freedom.
Mr. Speaker, I have chaired four hearings on human rights abuses in
North Korea. It is, as Chairman Royce noted, a house of horrors.
The U.N. Commission of Inquiry on North Korea recommended that the
U.N. impose targeted sanctions on North Korean leaders responsible for
these crimes against humanity. However, China blocks effective U.N.
actions. This, in part, is why the Congress and the administration must
act now. North Korean human rights abusers must be identified and
listed so that sanctions can be appropriately applied.
North Korea's launch of a long-range rocket last week reenergized
concern over that country's intercontinental ballistic missile program.
The launch was strongly condemned by the U.N. Security Council, which
vowed to apply further sanctions. Hopefully, the Security Council's
investigation now underway will also look at partner nations who
purchase North Korean missile technology.
Iran, to whom the administration has just released billions of
dollars, is one of North Korea's nuclear partners. We should be very
concerned about that. At some point, the Iranians will acquire fissile
material beyond what they are allowed to produce, they may
clandestinely purchase actual warheads from North Korea, or, perhaps,
Iran will get enriched uranium--their stash--back from Russia.
At a Foreign Affairs Committee hearing yesterday, Mr. Speaker--and
Chairman Royce has had well over 35 oversight hearings on Iran--I asked
President Obama's coordinator for implementation of the Iran nuclear
deal where Iran's stockpile of enriched uranium was sent. Where did it
go? Is it in
[[Page H787]]
Russia? What city? Do we--or the IAEA--have onsite access to where it
is stored for verifications purposes? Remember President Reagan? He
said: Trust and verify. Onsite verification.
Shockingly, Ambassador Mull said he didn't know where the enriched
uranium is. He did say it was on a Russian ship somewhere heading to a
port or to a final destination. But its specific location--we don't
have a clue.
Yesterday's revelation was yet another flaw in an egregiously flawed
Iran nuclear deal. We know that there is a connection between North
Korea and Iran. So our vigilance must be stepped up significantly. This
bill is a major step. It is in fact bipartisan: Eliot Engel, again,
working side-by-side with the chairman to make sure a good bill is
produced.
Mr. ENGEL. Mr. Speaker, I reserve the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield 3 minutes to the gentleman from South
Carolina (Mr. Wilson), a member of the Foreign Affairs Committee and
chairman of the Armed Services Subcommittee on Emerging Threats and
Capabilities.
Mr. WILSON of South Carolina. I thank Chairman Ed Royce for his
leadership on freedom and liberty.
Mr. Speaker, I strongly support the North Korea Sanctions Enforcement
Act of 2016.
Recently, we have seen overwhelming evidence that the monarchy in
North Korea, led by an unstable dictator, has become increasingly
hostile, threatening its neighbors, which are American allies.
Sadly, just last week, it successfully tested a long-range rocket
which is capable of reaching California. This recent missile test comes
after years of ignoring nonproliferation agreements and conducting
nuclear tests without facing any meaningful consequences.
As America continues to fight the global war on terrorism, we should
not allow an unpredictable rogue leader to continue unchecked. We must
change course to a strategy of peace through strength to protect
American families.
In 2003, I was one of the few Members of Congress to visit Pyongyang,
North Korea, along with Ranking Member Eliot Engel and Chairman Jeff
Miller. I saw firsthand the struggle and oppression its citizens have
endured under Communist totalitarian rule. Compared to the dynamic
capital of South Korea, North Korea is the ultimate example of another
socialist failure.
The North Korea Sanctions Enforcement Act strengthens our Nation's
ability to sanction the agents, government, and financial institutions
that enable North Korea's dangerous activities.
I am grateful to Chairman Ed Royce for introducing the North Korea
Sanctions Enforcement Act, unanimously supported in the U.S. Senate
with bipartisan support, which puts pressure on the regime by
restricting them from selling weapons of mass destruction, importing
and exporting conventional weapons, and engaging in further
cyberattacks. It also directs the State Department to hold the
administration accountable by creating a strategy to improve
enforcement of existing sanctions.
This legislation is an important first step to achieving peace
through strength in the region. I look forward to working with my
colleagues on the Foreign Affairs Committee and the Armed Services
Committee to promote positive change and stability in Northeast Asia so
that all Koreans can have a bright future.
Mr. ROYCE. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Poe), chairman of the Foreign Affairs Subcommittee on Terrorism,
Nonproliferation, and Trade.
Mr. POE of Texas. Mr. Speaker, I want to also reiterate the
bipartisanship in which this legislation has been brought to the floor
through the work of the chairman and the ranking member, who are
experts in foreign affairs and especially countries like North Korea.
Mr. Speaker, when I had a chance last year to visit with the Pacific
Command, I talked to the four-star Admiral in Pacific Command and asked
him this question: Of the five entities that are threats to the United
States--Russia, China, Iran, ISIS, and North Korea--which of those
concerns you the most? He quickly said: North Korea. Because they are
an unstable regime.
This legislation will help, hopefully, have that unstable dictator,
who murders his own people, is trigger happy, and is developing all
types of weapons and puts them on the open market to sell them to other
nations that want to cause mischief in the world, stop this conduct in
North Korea.
Yes, North Korea has nuclear weapons. They are developing missiles to
deliver those nuclear weapons. About a year or a year and a half ago,
the dictator of North Korea said he wanted that first intercontinental
ballistic missile to go to Austin, Texas. I take that a little
personal, Mr. Speaker. I don't know why he picked Austin. Anyway, they
are working on their delivery capability. They have no intention of
stopping.
So, the international community must tell the dictator of North
Korea: You can't do this. You can't be a menace to not only your own
people, or the people in South Korea and the entire region, but the
world.
This legislation is an important step in stopping the mischief-making
and trigger-happy dictator of North Korea.
And that is just the way it is.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
Let me first start with Mr. Joe Wilson of South Carolina, who was on
the trip with me, as he mentioned, to North Korea.
We drove in from the airport on a bus. Joe was sitting at the front
of it. We saw all these hostile billboards. We couldn't, of course,
read it--it was in Korean--but we could look at the pictures.
One of the pictures had an American soldier on the ground and a North
Korean soldier with a bayonet right through the American soldier's
head. The reason why we knew it was an American soldier is because it
said USA on the soldier's uniform.
Mr. Wilson sat in the front and very carefully maneuvered his camera
and snapped a picture. We have that picture. If the North Koreans had
known what we were doing, they probably would have confiscated the
camera, but they didn't. I just wanted to mention that.
There were, I believe, six of us on that trip. It was a bipartisan
trip. It was an eye-opener. I went back a few years later, but I
remember the gentleman from South Carolina sitting there and very
skillfully maneuvering that camera. That is a good picture that we
should probably blow up and let our colleagues see so that they
understand the regime they are dealing with. This was not Kim Jung-un.
His father was in power at the time.
So, it seems to be getting progressively worse. The father was known
as the ``Dear Leader.'' The grandfather, who was the person most
responsible for their revolution, was also heralded. Wherever we went
in North Korea, there were pictures of the two of them on the walls,
whether it was in schools or at the hotel. It is a very eerie feeling.
It kind of brings you back, for those who read the book ``Nineteen
Eighty-Four'' when we were kids, which was in the future and now is in
the past. But for those people who read that book, to me, that sort of
describes the Korean regime. It is really a scary, scary thing.
The work we are doing here today is so important. It is so important
to send a message. It is so important to let the world know that we
haven't forgotten this. This remains a bipartisan priority for the U.S.
Congress.
The Kim regime must understand that if it continues to defy the
global consensus and ignore its obligation under international law,
there will be consequences. The elites in North Korea must be shown
that if they try to skirt sanctions, we will find new ways to go after
them. Anyone who wants to do business with North Korea must be warned
that we will crack down on those who help sustain this brutal regime.
The only way forward for North Korea is for its leaders to give up
their illegal and dangerous pursuits and come back to the negotiating
table.
I am proud that Congress is sending this bill to the President, and I
hope we will ramp up engagement with our partners and allies and make
it clear that North Korea's present course can only lead to deeper
isolation for the country's leaders and, sadly, continued suffering for
the country's people.
[[Page H788]]
I think the most stark difference that I have seen in all the years I
have been in Congress was when we went to the North Korean capital of
Pyongyang and then traveled to the capital of South Korea--Seoul--where
Congressman Wilson's wife and other spouses were waiting.
Seoul is a city that is vibrant. It is much like New York City,
Chicago, or any of the big cities in our country, where the people are
well-dressed and well-fed and shops are open. It looks like a real
western-style city. Of course, it is Asia, but it reminds one of Tokyo
or cities like that.
When you go to North Korea, it is just like going back into 1950's
East Germany. That is just the feeling that you get. You see hotels and
buildings that were constructed poorly and couldn't be occupied. When
we came back about 18 months later, it was still just the way it was 18
months before. You hardly see a car. Traffic lights don't work. It is
just bizarre--I think that is the word--and the poor North Korean
people are the ones who are really suffering. The contrast between
Pyongyang, which is the capital of North Korea, and Seoul, the capital
of South Korea, was just unbelievable. It was like night and day. It is
on the same peninsula, it is the same Korean people, and yet it is like
night and day.
{time} 0945
I think they say pictures are worth a thousand words. There is a
picture of the Korean Peninsula at night. It was taken by satellite,
and if you take a look, you see that South Korea is vibrant. There are
all kinds of lights. It is lit up. North Korea is absolutely black,
absolutely dark--no lights, no energy, no power.
What a contrast--two Koreas, same people. One is a bastion of
democracy in South Korea--the chairman and I have visited South Korea--
and one, a brutal, brutal dictatorship.
So I hope that this bill overwhelmingly passes. I hope that we have
strong support from both sides of the aisle.
We want to let the people of North Korea know that we are with them,
not with the brutal regime, and that is why we are doing this
legislation today.
So I thank Chairman Royce. I urge everyone to vote ``yes.''
I yield back the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to again thank Ranking Member Eliot Engel
for his leadership on this issue. He is my coauthor on this bill.
I would just like to concur in his thoughts about the shocking nature
of this totalitarian regime, not just in terms of the way it has
treated its people, but also its hostility towards South Korea and
towards the United States and to the West; and to just share the
thought, as he has expressed, this level of struggle that the people
themselves in North Korea live in under this totalitarian state.
When I was in North Korea, I had an opportunity to see something that
struck me just in terms of the malnutrition. The NGO community tells us
that close to 50 percent of those children are malnourished. What I saw
in terms of the malnourishment, the NGO community says malnourished to
the point that it affects their ability to learn.
The malnourishment can be seen everywhere. The actual height
differential between the average person in North Korea, it is 4 inches
shorter than in South Korea. That is a really stark thing to see as you
are in North Korea.
But the other observation that Mr. Engel made was the overt hostility
shown to the United States and, of course, to South Korea and to the
rest of the world.
I remember seeing the Cheonan. This is a corvette. This was a South
Korean ship on which 46 South Koreans lost their lives, over 50 were
injured. It was split in half by a torpedo from a North Korean
submarine. And they actually lifted the two halves out of the water.
Inspecting that and looking at the letters, the last letters that some
of those young South Korean sailors had sent home before they perished,
it is just a reminder, it is a reminder of how brutal that regime can
be on its own people, but also on those against whom it has ill intent.
So the South Koreans have suffered from this.
And now, to see them move forward and try to expand this nuclear
weapons program, each new launch brings them closer. They say they can
hit the West Coast of the United States. They are claiming that they
will be able to hit the entire U.S. with their ICBM program. These
placards that you see and these posters actually show their missiles
coming down on the United States.
So, at this point, I think it is critical, and our colleagues in the
Senate feel the same way. I want to thank our Senate colleagues for
building upon the House bill which Eliot Engel and I have authored. And
I also appreciate the cooperation of the bipartisan House leadership to
ensure this bill's quick scheduling. It is just back from the Senate.
In the wake of North Korea's fourth nuclear test and its recent
missile launch, many of our allies also are trying to tighten the
screws now on that regime in order to slow its capability to deliver
this type of weapon. Only days ago, South Korea shuttered the Kaesong
Industrial Complex because, as they observed, it was giving the North
Korean regime the hard currency it needed in order to move forward its
weapons programs. This will end a very important revenue for the North
Korean regime. Japan has issued a new set of sanctions as well, and
China and Russia should take notice and follow this example.
It is time for the United States to stand with our partners in
northeast Asia as we press China and Russia to follow suit, and this
bill sends the message to that regime in North Korea that they must
reform and they must disarm this nuclear weapons program. By cutting
off Kim Jong-un's access to the hard currency he needs for his army and
his weapons, H.R. 757 will return us to the one strategy that has
worked: financial pressure on the North Korean regime. So I urge the
passage of this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. SALMON. Mr. Speaker, today I rise to add my strong support to
H.R. 757, the North Korea Sanctions Enforcement Act of 2016, a critical
bill to target the rogue Kim Jong Un regime in North Korea. I want to
thank Chairman Ed Royce for drafting this important piece of
legislation with Ranking Member Eliot Engel and moving swiftly to bring
it for a final vote here in the House before sending it on to the
President. North Korea needs to know that it cannot pursue a nuclear
program without a tough response from the United States and our allies
in the region.
This latest nuclear test and missile launch test fly in the face of
current international sanctions and against years and years of
negotiation to end North Korea's nuclear ambitions.
By their actions, it is clear that North Korea has every intention to
continue advancing its nuclear and missile programs, in an effort to
strengthen both domestic and international positions. This must stop
here.
This bill before us today will seize assets connected with North
Korea's proliferation program. It will staunch the flow of cash from
anyone involved in arms trafficking, luxury goods, money laundering,
and other means of weapons proliferation in North Korea.
H.R. 757 will also target the regime's horrendous and appalling human
rights abuses, by requiring the Administration to develop a strategy
that would protect human rights in North Korea and identify those in
the North Korean regime who violate basic human rights and dignity.
The time is now to take action and punish the North Korean regime for
its destructive behavior. The time to act is now. We cannot wait for
another nuclear test, another missile launch, another island shelling,
another ship sinking, or another hacking attack. If the Administration
will not act to hold the North Korean regime to account, then the
Congress must.
I am proud to vote in favor of H.R. 757 and strongly encourage all of
my House colleagues to join me.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and concur in the Senate amendment to the bill, H.R. 757.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROYCE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
[[Page H789]]
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