Sections of the 2019 National Defense Authorization Act relevant to U.S. policy toward North Korea include a limitation on the use of funds to reduce the number of U.S. service members deployed to South Korea; and a requirement for a report on North Korea's nuclear capabilities. These sections are below:
SEC. 1264. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO ARE DEPLOYED TO THE REPUBLIC OF KOREA.
None of the funds authorized to be appropriated by this Act may be used to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea below 22,000 unless the Secretary of Defense first certifies to the congressional defense committees the following:
(1) Such a reduction is in the national security interest of the United States and will not significantly undermine the security of United States allies in the region.
(2) The Secretary has appropriately consulted with allies of the United States, including the Republic of Korea and Japan, regarding such a reduction.
SEC. 1265. REPORTS ON NUCLEAR CAPABILITIES OF THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA.
(a) Baseline Report.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, the Secretary of State, and the Secretary of Energy, shall submit to the appropriate committees of Congress a report on the status of the nuclear program of the Democratic People's Republic of Korea to establish a baseline of progress for negotiations with the Democratic People's Republic of Korea with respect to denuclearization.
(b) Elements.—The report required by subsection (a) shall include the following, to the extent known or suspected:
(1) A description of the location, quantity, capability, and operational status of the nuclear weapons and other weapons of mass destruction, including chemical and biological weapons, of the Democratic People's Republic of Korea.
(2) A description of the location of the research, development, production, and testing facilities, including covert facilities, for the nuclear weapons and other weapons of mass destruction, including chemical and biological weapons, of the Democratic People's Republic of Korea.
(3) A description of the location, quantity, capability, and operational status of fixed ballistic missile launch sites, and assessments of capability and readiness of mobile land and at-sea launch platforms of the Democratic People's Republic of Korea.
(4) A description of the location of the ballistic missile manufacturing and assembly facilities of the Democratic People's Republic of Korea.
(5) An assessment of any intelligence gaps and confidence levels with respect to the information required by this subsection and verification or inspection measures that may fill such gaps.
(c) Updates.—
(1) IN GENERAL.—In the case of an agreement, not later than 60 days after the date on which the agreement is reached, and every 90 days thereafter, the report required by subsection (a) shall be augmented by a written update.
(2) ELEMENTS.—Each written update under paragraph (1) shall include the following for the preceding 90-day period:
(A) A description of the number of nuclear weapons, other weapons of mass destruction, including chemical and biological weapons, and ballistic missiles verifiably dismantled, destroyed, rendered permanently unusable, or transferred out of the Democratic People's Republic of Korea.
(B) An identification of the location of research, development, production, and testing facilities for nuclear weapons and other weapons of mass destruction, including chemical and biological weapons, in the Democratic People's Republic of Korea identified and verifiably dismantled, destroyed, or rendered permanently unusable.
(C) An identification of the location of ballistic missile manufacturing and assembly facilities in the Democratic People's Republic of Korea verifiably dismantled, destroyed, or rendered permanently unusable.
(D) A description of the number of nuclear weapons and ballistic missiles that remain in or under the control of the Democratic People's Republic of Korea.
(E) An assessment of the progress made in extending the breakout period required for the Democratic People's Republic of Korea to reconstitute its nuclear weapons program and build a nuclear weapon, as such progress relates to the information required by subparagraphs (A) through (D).
(d) Verification Assessment Report.—Not later than 180 days after the date on which the report required by subsection (a) is submitted, and every 180 days thereafter, the written update required under paragraph (1) of subsection (c) shall include, in addition to the information required by subparagraphs (A) through (E) of that subsection, the following for the preceding 180-day period:
(1) An assessment of the establishment of safeguards, other control mechanisms, and other assurances secured from the Democratic People's Republic of Korea to ensure the activities of the Democratic People's Republic of Korea permitted under any agreement will not be used to further any nuclear-related military or nuclear explosive purpose, including research on or development of a nuclear explosive device.
(2) An assessment of the capacity of the United States or an international organization, including the International Atomic Energy Agency, to effectively access and investigate suspicious sites in the Democratic People's Republic of Korea or allegations of covert nuclear-related activities, including storage sites for nuclear weapons.
(e) Applicability.—Subsections (c) and (d) shall apply only in the case of an agreement.
(f) Sunset.—The section shall cease to be effective on the date that is three years after the date of the enactment of this Act.
(g) Definitions.—In this section:
(1) AGREEMENT.—The term “agreement” means an interim or final agreement between the United States and the Democratic People's Republic of Korea with respect to the denuclearization of the Democratic People's Republic of Korea that includes a commitment by the Democratic People's Republic of Korea—
(A) to reduce the nuclear arsenal of the Democratic People's Republic of Korea; or
(B) to otherwise discontinue, reduce, or suspend the nuclear program of the Democratic People's Republic of Korea.
(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
