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24–833PDF 2017

VARIOUS MEASURES

MARKUP

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED FIFTEENTH CONGRESS

FIRST SESSION

ON

H. Res. 54, H. Res. 92, H. Res. 137, H. Res. 145,

H. Res. 187, H.R. 390, H.R. 479, H.R. 672, H.R. 1644

MARCH 29, 2017

Serial No. 115–8

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

DARRELL E. ISSA, California 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

MO BROOKS, Alabama 

PAUL COOK, California 

SCOTT PERRY, Pennsylvania 

RON DESANTIS, Florida 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

ADAM KINZINGER, Illinois 

LEE M. ZELDIN, New York 

DANIEL M. DONOVAN, JR., New York 

F. JAMES SENSENBRENNER, JR., 

Wisconsin 

ANN WAGNER, Missouri 

BRIAN J. MAST, Florida 

FRANCIS ROONEY, Florida 

BRIAN K. FITZPATRICK, Pennsylvania 

THOMAS A. GARRETT, JR., Virginia 

ELIOT L. ENGEL, New York 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

KAREN BASS, California 

WILLIAM R. KEATING, Massachusetts 

DAVID N. CICILLINE, Rhode Island 

AMI BERA, California 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas 

ROBIN L. KELLY, Illinois 

BRENDAN F. BOYLE, Pennsylvania 

DINA TITUS, Nevada 

NORMA J. TORRES, California 

BRADLEY SCOTT SCHNEIDER, Illinois 

THOMAS R. SUOZZI, New York 

ADRIANO ESPAILLAT, New York 

TED LIEU, California

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

(III)

C O N T E N T S 

Page

MARKUP OF 

H. Res. 54, Reaffirming the United States-Argentina partnership and recognizing Argentina’s economic reforms .................................................................. 2

Amendment in the nature of a substitute to H. Res. 54 offered by the 

Honorable Albio Sires, a Representative in Congress from the State of 

New Jersey ........................................................................................................ 6

H. Res. 92, Condemning North Korea’s development of multiple intercontinental ballistic missiles, and for other purposes ............................................... 10

Amendment in the nature of a substitute to H. Res. 92 offered by the 

Honorable Joe Wilson, a Representative in Congress from the State of 

South Carolina .................................................................................................. 15

H. Res. 137, Honoring the life of Shimon Peres .................................................... 21

H. Res. 145, Expressing the sense of the House of Representatives regarding 

the fight against corruption in Central America ............................................... 24

Amendment in the nature of a substitute to H. Res. 145 offered by the 

Honorable Norma J. Torres, a Representative in Congress from the State 

of California ...................................................................................................... 28

H. Res. 187, Relating to efforts to respond to the famine in South Sudan ......... 31

Amendment in the nature of a substitute to H. Res. 187 offered by the 

Honorable Karen Bass, a Representative in Congress from the State 

of California ...................................................................................................... 35

H.R. 390, To provide for emergency relief to victims of genocide, crimes 

against humanity, and war crimes in Iraq and Syria, to provide accountability for perpetrators of these crimes, and for other purposes ...................... 39

Amendment in the nature of a substitute to H.R. 390 offered by the Honorable Christopher H. Smith, a Representative in Congress from the State 

of New Jersey .................................................................................................... 59

Amendment to the amendment in the nature of a substitute to H.R. 

390 offered by the Honorable Christopher H. Smith ............................. 70

H.R. 479, To require a report on the designation of the Democratic People’s 

Republic of Korea as a state sponsor of terrorism, and for other purposes .... 71

Amendment in the nature of a substitute to H.R. 479 offered by the Honorable Ted Poe, a Representative in Congress from the State of Texas ......... 83

H.R. 672, To require continued and enhanced annual reporting to Congress 

in the Annual Report on International Religious Freedom on anti-Semitic 

incidents in Europe, the safety and security of European Jewish communities, and the efforts of the United States to partner with European 

governments, the European Union, and civil society groups, to combat 

anti-Semitism, and for other purposes ............................................................... 89

Amendment to H.R. 672 offered by the Honorable Ileana Ros-Lehtinen, 

a Representative in Congress from the State of Florida ............................... 97

H.R. 1644, To enhance sanctions with respect to transactions relating to 

North Korea, and for other purposes .................................................................. 98

Amendment in the nature of a substitute to H.R. 1644 offered by the 

Honorable Edward R. Royce, a Representative in Congress from the 

State of California, and chairman, Committee on Foreign Affairs .............. 138

Amendment to the amendment in the nature of a substitute to H.R. 

1644 offered by the Honorable Ted S. Yoho, a Representative in 

Congress from the State of Florida .......................................................... 178

Amendment to the amendment in the nature of a substitute to H.R. 

1644 offered by the Honorable Gerald E. Connolly, a Representative 

in Congress from the Commonwealth of Virginia .................................. 179

Page

IV

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

APPENDIX 

Markup notice .......................................................................................................... 198

Markup minutes ...................................................................................................... 199

Markup summary .................................................................................................... 201

The Honorable David Cicilline, a Representative in Congress from the State 

of Rhode Island: Material submitted for the record .......................................... 202

The Honorable Ileana Ros-Lehtinen: Prepared statement ................................... 203

The Honorable Gerald E. Connolly, a Representative in Congress from the 

Commonwealth of Virginia: Prepared statement .............................................. 205

(1)

VARIOUS MEASURES 

WEDNESDAY, MARCH 29, 2017

HOUSE OF REPRESENTATIVES,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The committee met, pursuant to notice, at 10:45 a.m., in room 

2172 Rayburn House Office Building, Hon. Edward Royce (chairman of the committee) presiding. 

Chairman ROYCE. This committee will come to order. We will ask 

everyone to take their seats at this time. 

Pursuant to notice, we meet today to mark up nine bipartisan 

measures and, without objection, all members will have 5 days to 

submit statements or extraneous materials on today’s business. 

As members were notified yesterday, we intend to consider today’s measures en bloc. And so, without objection, the following 

items previously provided to members and in your packets will be 

considered en bloc and are considered as read: House Resolution 

54, reaffirming the United States-Argentina partnership and the 

Sires amendment 10 in the nature of a substitute; House Resolution 92, condemning North Korea’s missile development with the 

Wilson amendment in the nature of a substitute to House Resolution 92; House Resolution 137, honoring the life of Shimon Peres; 

House Resolution 145, regarding the fight against corruption in 

Central America and the Torres amendment in the nature of a substitute to House Resolution 145; House Resolution 187, relating to 

the famine in South Sudan and the Bass amendment 27 in the nature of a substitute to House Resolution 187; H.R. 390, the Iraq 

and Syria Genocide Emergency Relief and Accountability Act and 

Smith amendment 23 in the nature of a substitute and Smith 

amendment 29 to that substitute; then we have H.R. 479, the 

North Korea State Sponsor of Terrorism Designation Act and Poe 

amendment 25 in the nature of a substitute; H.R. 672, the Combating European Anti-Semitism Act and Ros-Lehtinen amendment 

to H.R. 672; and we have H.R. 1644, lastly, the Korean Interdiction 

and Modernization of Sanctions Act with Royce amendment 2 in 

the nature of a substitute, Yoho amendment 8 to that substitute 

and Connolly amendment 9 to that substitute. 

[The information referred to follows:]

2


24833a-1.eps

115TH CONGHbJSS 

1ST SESSIOJ\ H. RES. 54 

Reaffirming the United States-Argentina partnership and recognizing 

Argentina's eeonomie reforms. 

II\ THE HOUSE OF REPR.ESEXTATIVES 

JANU~~RY 23, 2017 

IV 

}Ir. SmES !for himNelf, :Mr. Dt:NCAN of South Carolina, :VIr. E:\TGEL, amllVIs. 

Ro:s-LEHTINEK) submicted che following reso!Lttiou; which was referred to 

the Committee on Foreig·n Affairs 

RESOLUTION 

Reaffirming the United States-Argentina partnership and 

recogni r.ing Argentina's economic reforms. 

'"11E'reas, on :\fovember 22, 2015, the citi?:ens of the Argentine Republic elected Mauricio Macri as their President; 

\,Vhereas President Macri has pledged to promote greater national unity, rebuild the e(~onomy, C'ombat domesti<~ ('orruption, strengthen freedom of the press, defend human 

rights abroad, attract foreign direct investment, return to 

international ere(lit markets, and reassert Argentina's 

leadership globally; 

vv11ereas President Macri has emphasi?:ed his intention to 

seck closc1· ties with the United States and restore the bilateral partnership previously enjoyed by both countries; 
3


24833a-2.eps

2 

"\"1<ereas the ~~rgentine Hepublic 1s a major non-~ATO ally 

of the rnited States; 

~Whereas United States-Argentina relations are historically 

eharacterihed by eomprehensive commereial ties and 

strong bilateral eooperation on human right~, pe<:wekeeping, science and technology, non-proliferation, and 

edueation, as well as on regional and glohal issues; 

Whereas President Banwk Obama traveled to 1\rgentina m 

March 2016 to strengthen engagement on trade and investment, reaevvable energy, climate change, seeurity, aud 

peacekeeping issues; 

vv11ereas, in an appearance vvith President :Vfacri at the Casa 

Rosada iu Buenos 1\.ires, President Obama said that "our 

countries share profound values in common-respect for 

human rights, for individual freedoms, for demoeraey, for 

justice, and for 

vv1<ereas the United States Department of the Treasury no 

longer oppo:se:s multilateral development banks lending to 

Argentina heeause of the Government of Argentina's 

"progress on key issues and positive economie policy trajectory"; 

~Whereas President J!Iacri prioritized Argentina resolving its 

15-year stamloff \v:ith private ereditors stemming from 

the 2001-2002 economic erisis; 

"'1<ereas the :VIacri Administration lifted controls on trade, 

eurreney, and poulhy, enhan(~ed the quality and transparency of government data, and eliminated subsidies on 

electrieity, water, and gas; 

Whereas, in April 20Hi, the Government of Argentina issued 

$16,500,000,000 in nevv government bonds and paid 

$0.:100,000,000 to holdout ered:itors to re~olve its aefault 
4


24833a-3.eps

q 

•J 

settlements, which facilitated ~1\rgentina's return to internati<mal finaneial markets; 

\Vhereas ~1\rgentina is lJatin America's third largest economy 

and the International Monetary Fund, in April 2016, 

daimea the lVIaeri Administration "emharketl on an ambitious, much needed transition to remove domestic Jmhalmwes and distortions and <:orreet relative priees"; 

Whereas Secretary of State Johu Kerry visited 1\.rgcntina m 

August 2016 to launch a High-Level Dialogue to develop 

and sustain eoopcration on bilateral, regional, and global 

ehallenges, including demoeratic development and proteetion of human rights in h1tin Ameriea; and 

Whereas Secrctar.Y Kerry, during his visit, stated that "the 

United States strongly supports President J\Iacri's effort 

to aeepen k\rgentina's integration \'V'ith the global eeonomy" and that "our governments w-ill be supporting policies that are aimed at strong, sustainable, and balanced 

eeonomie growth'': Now, therefore, he it 

1 Resolued. That the House of Representatives2 (1) upholds its commitment to the partnership 

3 bctwccu the U nitcd States and Argcutina and rcaf4 firms that the Argentine Republic is a major nonS NATO ally of the U nite!l States; 

6 (2) eneourages the Department of State to co7 ordinate an interagency strategy to increase coopera8 tion with the Government of Argcutina on areas of 

9 bilateral, regional, and global eoneern; 

10 (3) commends President Maurieio Macri and 

11 his Administration for making far-reaehing eeonomie 
5


24833a-4.eps

4 

1 reforms that will benefit the people of Argentina, 

2 stimulate e(~onomie growth, and ileepen Argentina's 

3 integration >vith the global economy; 

4 (4) praises the Government of Argentina for re5 solving its dispute vvith international creditors; aHd 

6 ( 5) encourages the Government of Argentina to 

7 eontinue to investigate and prose(mte those respon8 siblc for the 1994 bombing of the Argentine-Israeli 

9 Mutual Association (A~HA) in Buenos Aires, as well 

10 as the ,January 2015 death of 1\lVlLi special pros11 ecutor Alberio Kisman. 
6


24833b-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H. RES. 54 

OFFERED BY MR. SIRES OF NEW JERSEY 

Strike the preamble and insert the following: 

\,Vhereas, on ~ovember 22, 2015, the citizens of the Argentine R,epublic elected Mauricio Macri as their President; 

\,v1rereas President Maeri has pledged to promote greater national unity, rebuild the economy, combat domestic corruption, strengthen freedom of the press, defend human 

rights abroad, attract foreign direct investment, return to 

international credit markets, and reassert Argentina's 

leadership globally; 

\,Vhereas President Macri has emphasized his intention to 

seek doser ties with the United States awl restore the hilateral partnership previously cr\joycd by both countries; 

"1<ereas the ~t\rgentine R,epublic has been a major non-NATO 

ally of the United States since 1998 and is the only country designated as such in Latin America; 

"11ereas United States-Argentina relations are historically 

characterized by comprehensive commercial tics and 

strong bilateral cooperation on human rights, peacekeeping, seiem~e and tedmology, non-proliferation, and 

education, as well as on regional and global issues; 

"11ereas, in an appearance vvith President Yfacri at the Casa 

Rosada in Buenos 1\ircs in March 2016, President 

Barack Obama said that "our countries share profound 

values in common-respect for human right:-;, for indi-
7


24833b-2.eps

2 

vi!lual freedoms, for democnwy, for justiee, and for 

peace''; 

\,v11ereas Secretary of State .Tohn Keny visited Argentina in 

August 2016 to launch a High-Level Dialogue to develop 

and sustain cooperation on bilateral, regional, and global 

challeuges, iucludiug democratic development and protection of human rights in Latin America; 

"11ereas Seeretm7 Ken7, during his visit, stated that "the 

United States strongly supports President Macri's effort 

to deepen Argentina's integration >vith the global economy'" and that "our governments \vill be supporting 

policies that are aimed at strong, sustainable, and balanced economic gTowth"; 

Whereas the United States Dcpartmeut of the Treasury no 

longer opposes multilateral development hanks lending to 

Argentina because of the Government of Argentina's 

"progress on key issues and positive economic policy trajedory"; 

Whereas Presidcut Slacri prioritized Argentina resolving its 

15-year standoff \vith private creditors stemming from 

the 2001-2002 economic crisis, which facilitated Argentina's return to international financial markets; 

"11ereas the Yfacri Administration lifted controls on trade, 

currency, and poultry, enhanced the quality and transparency of government data, and eliminated subsidies on 

eled,rieity, water, aml gas: 

\,Vhereas A.rgentina is Latin America's third largest economy 

and the International Monetmy Fund, in April 2016, 

claimed the Macri Administration "embarked on au ambitious, much needed transition to remove domestic imbalanceR and diRtortionR and correct relative priceR"; and 
8


24833b-3.eps

\,v11ereas the Government of Argentina has expressed a renewed commitment to bring the peq)etrators of the 1994 

bombing of the Asoeie:wi6n Mutual Israelita Argentina 

(_AML\) buildiug, that occurred in Buenos Aires on July 

18, 1994, killing 85 people and injuring lmndreds, to justice: !\ow, therefore, be it 

Strike all after the resolving clause and insert the 

follmving: 

1 That the House of R,epresentatives2 (1) upholds its commitmeut to the partuership 

3 between the United States and ~t\rgentina and reaf4 firms that the Argentine Republic is a major non5 NATO ally of the United States; 

6 (2) encourages the Department of State to co7 ordinate a new interagency strategy to mcrease co8 operation with the Government of Argentina on 

9 areas of bilateral, regional, and global eom~ern; 

10 ( 3) commends the Government of A.rgentina for 

11 making far-reaching economic reforms that will ben12 efit the people of Argentiua, stimulate ecouomic 

13 growth, and deepen Argentina's integration >vith the 

14 global eeonorny; 

15 ( 4) praises the Government of ~t\rgentina for re16 soh~ng most of its business disputes at the ~World 

17 Bank's International Centre for the Settlement of 

18 Investment Disputes (TCSTD) thereby hastening 
9


24833b-4.eps

4 

their re-entry into world finam~ial markets to the 

2 benefit of the Argentine people; and 

3 ( 5) eneourag-es the Government of Argentina to 

4 continue to investig·ate and prosecute those respon5 sible for the 1994 bombing of the Asociacion Yfutual 

6 lsraclita 1\.rgcntina (.AlVllA) building in Buenos 

7 Aires, as well as the ,January 2015 death of AML~ 

8 spe(~ial proseeutor Alberto Kisman. 

[ZJ 
10


24833c-1.eps

115TH CONGHBSS 

1ST SESSIOK H. RES. 92 

TV 

Condenming Xorth Korea's development of multiple intercontinental ballistic 

missiles, and for other purposes. 

II\ THE HOUSE OF REPR.ESE)JTATIVES 

FEBRL.:ARY 6, 3017 

.Yir. I:VILSOK of South Carolina (for himself, lVIr. ROGERS of Alabama, lVIr. 

lVIOTJLTOK, Mr. YoHo, and Mr. SHERJVI1\Kl submit1.ed the following resolation; which was referred !o the Committee on Foreign Affairs, aud in 

addition to the Committee on Armed Services, for a period to be subsequently determined by tl1e Speaker, i11 eJ1cl1 case for consideration of such 

provisions as fall within the juris<lidion of the eornmittee <'O!Hoerned 

RESOLUTION 

Condemning North Korea's !levelopment of rrmltiple 

intercontinental ballistic missiles, and for other purposes. 

·whereas the Democ·ratie People's Republic of Korea 

(DPRK), also known as Korth Korea, possesses a hallistie missile aad nuclear weapons development program 

that poses grave threats to the United States, South 

Korea, rnited States allies, and global security; 

\Vhereas North Korea's ballistic missile program has demonstrated an increasing ability to reach the rnited 

States, aml (•onstitutes a eredihle threat to the seeurity 

of the A.meriean people; 
11


24833c-2.eps

v"1tereas North Korea has demonstrated a willingness and 

ability to proliferate its hallistie missile aml nudear 

weapons technology to a variety of countries, ineluding 

the Islamic. Republic of Iran and the Syrian Arab Republi(;, vvhid1 the Unite!l States designated as state spommrs 

of terrorism; 

\'1lereas, on ,Tannary 6, 2016, North Korea detonated a nuclear deviee, marking its fourth nuclear test to date; 

"'1tereas, on February 7, 2016, Korth Korea, utilizing a 

modified versiou of the Taepodong-2 ballistic. missile, 

launched a satellite into spaee; 

\\1wreas, on April 14, 2016, Admiral William Gortney, Commander of U.S. Korthcrn Command, in a hearing before 

the Armed Services Committee of the House of Representatives, state!l "they [North Korea] have the ability 

on the KN-08 to I assess that he has the ability to miniaturize a nuclear weapon and range the homeland '"'ith 

that warhead''; 

vmwreas, on April 28, 2016, Deputy Secretary of State 

Antony Dlinken, in a hearing before the Foreign Affairs 

Committee of the House of Representatives, testified "the 

benefits of [the trilateral] relationship are crystal clear in 

the faee of the reg-ion's most aeute dmllenge-the ehallenge from Nmih Korea and its provocative acts in the 

nuclear missile domain"; 

"11ereas, on August 24, 2016, Xorth Korea sue(~essfnlly testeel a submarine-launched ballistic missile, firing the mlssile over :300 miles from a submerged submarine; 

Whereas, on September 9, 2016, North Korea coudueted its 

fifth nuclear test, which it said was a warhead that could 

be standardized for its hallisti(; missiles; 
12


24833c-3.eps

q 

•J 

\\1<ereas, on September 15, 2016, Admiral Harry Harris, 

Commander of U.S. P:wifie Command, state!l "Combining nuclear warheads ~with ballistic missile technology 

in the hands of a volatile leader like Kim ,Jong-un, is a 

reeipe for disaster.": 

\\l1ereas, on September 16, 2016, Secretary of Defense Ashton Carter stated "Everyone e.an see that North Korea 

is determined to try to expand its missile threat to the 

peninsula, to the region, and to the lTnited States.''; 

\\1wreas in 2016 Korth Korea willfully violated multiple 

United Kations Security Council Resolutions over 20 

times, through its nuclear tests, missile tests, and satellite lauach: 

\Vhereas, on .January G, 2017, Deputy Secretary of State 

~Antony Blinken statefl that North Korea had eonduded 

24 missile tests in the past year, as well as two nuclear 

tests and "in our assessment, we have a qualitative improvt~rnent in their (~apahilities in the past year as a result of this unpreeeclentecl level of aetivity"; 

\\1lereas, on ,January 8, 2017, North Korea deelared that it 

is ready to test-launeh au intereontiucutal ballistic missile 

(ICBM); and 

\\1wreas the threat of a nudt~ar Korth Korea vvith a fmwtional and operational intercontinental ballistic missile 

program vv1th nuelear warheads poses a clireet threat to 

the 1~nited States: Now, therefore, he it 

1 Resolved, That the House of R.epresentatives2 (1) eondemns North Korea's development of 

3 multiple intercontinental ballistic. missiles (lCBMs); 
13


24833c-4.eps

4 

1 (2) urges the prompt deplo;vment of the Ter2 minal High Altitude Art~ a Defense ( THA.AD) system 

3 in South Korea to counter Korth Korea's nuclear 

4 missile threat, which supports an alliance seeurity 

5 decision; 

6 (:3) reaffirms the United States support of a 

7 layered, interoperable, multi-tier missile defense sys8 tem to protect ~\mericaus aml allies on the Koreau 

9 Peninsula; 

10 ( 4) supports continued bilateral seeurit,v coIl operation between the United States and South 

12 Korea and the eonsideration of arlditional measures 

13 to strengthen the allianee, ineluding e:x'})anded for14 eign military sales, teehnology development, and 

15 joint exereises, and other aetions as appropriate; 

16 reaffirms, in ~view of the ICBM threat by 

17 North Korea, the eommitment of the rnited States 

18 to its alliances aud trila tcral missile defc nse coopera19 tion agreements vvith South Korea and ,Japan, which 

20 are (~ritil'al for the preservation of peaee aml sta21 bility in Northeast Asia and throughout the world; 

22 (G) supports the intelligence sharing agreement 

23 betwceu Japan and South Korea signed on .:-.J ovem24 ber 2:3, 201G, eoneerning the direct exchange of in25 telligenee on Korth Korea threats; 
14


24833c-5.eps

5 

1 (7) calls upon the People's Hepublic of China to 

2 pressure North Korean leaders to (~ease their provo(~-

3 ative behavior, abandon and dismantle their nuclear 

4 and missile programs through the curtailing of vital 

5 economic support aud trade that support the Gov6 ernment of North Korea, and comply vvith all rel7 evant United Nations Se(mrit.y Coum~il He::mlutions; 

8 aud 

9 (8) calls on the Unitecl States to apply all avail10 able economic sanctions on Korth Korea and coopcr11 ate \vith allies and other countries to impose addi12 tional sanetions on Korth Korea. 
15


24833d-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H. RES. 92 

OFFERED BY MR. WILSON OF SOUTH CAROLINA 

Strike the preamble and insert the following: 

~Whereas the Democratic People's Republic of Korea 

(DPRI~), also known as Korth Korea, possesses a ballisti(~ missile aml nuclear weapons development prognnn 

that poses a grave threat to the rnited States, rnited 

States allies South Korea and ,Japan, and to regional and 

global security; 

"\v11ereas North Korea's ballistic missile progTam has demonstrated an inereasing ability to reaeh the 1~nited 

States, which constitutes a credible and growing threat to 

the security of the American people: 

Whereas North Korea has demonstrated a willingness and 

ability to proliferate its ballistic missile and nuclear 

weapons tedmology to a variety of eountries, including 

the Islamic Republic of Iran and the Syrian Arab Republic, which the United States has designated as state sponsors of terrorism; 

"\V1<ereas, on .January 6, 2016, North Korea detonated a nudear deviee, marking its fourth nuclear test to date; 

"\Vhereas, on February 7, 2016, Korth Korea, utilizing a 

modified version of the Taepodong-2 ballistic missile, 

launched a "satellite" into space; 

"\V1<ereas according to the r.S. Intelligence Community's 

2016 Worldwide Threat Ao;;ses:-:ment, North Korea is 
16


24833d-2.eps

2 

"(~ommitte!l to developing a long-range, nuclear-armed 

missile that IS capable of posing a direct threat to the 

United State~; it ha~ publicly displaye!l it~ KNOR roadmobile lCBSl on multiple occasions"; 

\,vl1ereas, on April 28, 2016, Deputy Seeretary of State 

~\_ntouy Blinkcn, in a hearing before the 11'orcigu 1lifairs 

Committee of the House of Representatives, testified "the 

benefits of [the trilateral] relationship are crystal clear in 

the face of the region's most acute ehallenge-the challenge from North Korea and its provoeative acts in the 

nudear mi~~ile domain'': 

"'1<ereas, on August 24, 2016, Xorth Korea successfully tested a submarine-launched ballistic missile, firing the mlssilc over 300 miles from a submerged submarine; 

"'11ereas, on September 9, 2016, North Korea conducted its 

fifth nudear te~t. whieh it daimed wa~ a warhead that 

eould be miniaturized for its ballistie missiles; 

"'11erea~, on September 15, 2016, Admiral Harry Harri~. 

Commander of U.S. Paeific Command, stated "Combining nuclear warheads \vith ballistic missile technology 

in the hands of a volatile leader like Kim Jong-un, is a 

recipe for disaster."; 

"'11ereas, on September 16, 2016, Secretary of Defense Ashton Carter stated "Everyone can sec that North Korea 

is determined to try to expand its missile threat to the 

penin~ula, to the region, and to the United State~."; 

Whereas in 2016 ~orth Korea willfully and repeatedly violated multiple United :.Jations Security Council resolutions, through its nuclear tests, missile tests, and satellite 

launch; 
17


24833d-3.eps

\,v11ereas, on ,January 6, 2017, Deputy Se(·.retary of State 

Antony Blinken stated that North Korea had conducted 

24 missile tests in the past year, as well as two nudear 

tests aud "in our assessment, we have a qualitative inlprovement in their capabilities in the past year as a result of this uuprecedented level of activity"; 

\,Vhereas, on January 8, 2017, North Korea declared that it 

is ready to test-launch an intercontinental ballistic missile 

(ICBM); 

"1<ereas, on February 11, 2017, :\forth Korea launched an 

intermediate-range hallistie missile off its eastern eoast 

while President Donald Trump hosted .Japanese Prime 

Minister Shimo Abe on an official visit to the rnited 

States; 

"11ereas, on February 18, 2017, the People's Republic of 

China e:mnouneed that it wonlcl suspend all eoal imports 

from North Korea, a significant source of revenue to the 

North Koreau regime; 

Whereas, on 11'ebruary 27, 2017, the United Nations Panel 

of E)q)erts on North Korea determined that "The Demoeratic People's Republic of Korea is flouting sanctions 

through trade in prohibited goods, Yvith evasion techniques that are increasing in scale, scope and sophistication.''; 

"1<ereas, on March 6, 2017, North Korea launched four intermediate range missiles, three of whieh landed approximately 200 miles off the coast of Japan; 

"11ereas South Korea and the United States have made an 

alliauce decision to deploy the Terminal High 1\ltitude 

Area Defense (THAAD) system as a self-defensive measure to ensure the security of South Korea and its people, 
18


24833d-4.eps

4 

and to proteet allianee military fon~es from the grow:mg· 

threat of :\forth Korea's nuclear weapons and ballistic 

missile progTarn; aml 

\Vhcreas a nuclear North Korea with a functional and operational intercontinental ballistic missile program would 

pose a direct threat to the United States and C nited 

States interests: Now, therefore, be it 

Strike all after the resolved clause and insert the following: 

1 That the House of Representatives2 (1) condemns North Korea's development of 

3 multiple intercontinental ballistic missiles (TCDMs); 

4 ( 2) welcomes the deplo_y1nent of the Terminal 

5 High Altitude Area Defense (TTTAAD) system in 

6 South Korea to counter North Korea's missile 

7 threat, which supports an alliance security decision; 

8 ( 8) urges the Government of the People's Re9 public of China to immediately cease its diplomatic 

10 intimidation and economic coercion against South 

11 Korea in au attempt to block the Tl:iAAD deploy12 ment; 

13 ( 4) reaffirms the Unite!l States support for a 

14 layered, integrated, multi-tier missile defense system 

15 to protect Americans and allies in Northeast Asia; 

16 ( 5) supports continued bilateral security co17 operation between the United States and South 
19


24833d-5.eps

Korea and the (~onsideration of aclditional measures 

2 to strengthen the alliance, including expanded for3 eign military sales, joint exereises, ancl other aetions 

4 as appropriate; 

5 (6) reaffirms, m •new of the TCDM threat by 

6 North Korea, the commitment of the Cnited States 

7 to its alliances and to trilateral cooperation with 

8 South Korea aml .T apan, whieh is (~ritieal for the 

9 preservation of peace and stability in Kortheast Asia 

10 and throughout the world; 

11 (7) supports and urges the full implcmeutatiou 

12 of the intelligenee sharing agreement between .Japan 

13 and South Korea signed on November 28, 2016, 

14 concernmg the direct exchange of intelligenee on 

15 North Korean threats; 

16 (8) calls upou the People's Republie of China to 

17 use its considerable leverage to pressure North Ko18 rean leaders to cease their provocative behavior aud 

19 abandon and dismantle their nuclear and missile 

20 progTams, and eomply "~th all relevant United Na21 tions Seeurity Council resolutions; 

22 (9) ealls on the United States to fully enforee 

23 all existing eeouomie sanctions on ::.Jorth Korea aud 

24 to seek to continuously adapt the sanctions regime 
20


24833d-6.eps

6 

to addre~~ eva~ive te(~hnique~ employed hy the )Jorth 

2 Korean regime; and 

3 ( 10) ealls on the Seeretm7 of State to under4 take a eomprehensive and rigorous diplomatic. effort 

5 to urge allies and other eountries to fully enforce, 

6 and build upon, existing international sanetions on 

7 North Korea. 
21


24833e-1.eps

115TH CONC+HJ<JSS 

1ST SESSIOK H. RES. 137 

Honoring the life of Shimon Peres. 

H\ THE HOUSE OP lUDPl:UJSE.:.JTATlVES 

FEBRUARY 16, 2017 

TV 

.Vlr. CTc:n.T.Tl\t<: (for l1imsrlf, Ms. HONAl\TTC:T, lVlr. CHABOT, lVls. ,JFDY CHn of 

California, ll'I,;. CLARKE of New York, Mr. COFF1\1AN, Mr. COHEN, Mr. 

COKNOILY, Mr. CosTA, Mr. DEl:TCH, Mr. DONOY/1.N, .1Ir. ELLI80N, Mr. 

ENGEL. lVIr. Ev_"NS, Mr. Fo:OTER, Ms. FRANKEL of Florida, Ms. 

GADDlul.D, Mr. GO'l"l'llJ£llVHm, Ms. MLLY of Illinois, Mr. Kll.ANNA, Mr. 

KTNn of New York, Mrs. LAVvei.BNC:JC, Mr. '!'JeD Lim: of California, Mr. 

LOWENTHAL, MrE. LOVVEY, l\h:. McCOLLUM, Mr. :.VIcG·Ov'ERN, Ms. 

MENG, Mr. lVIODLTOK, }Iiss RICE of Xew York. Mr. BoKIT"\, Ms. BosLJ£llTlNBN, Ms. Bon3AL-ALL.AlW, Ms. Scu:UWWSKY, Mr. ScllNBlDBH, 

Mr. SmJ£8, lVIr. SlVll'l'll of vVashington, Mr. SwALWELL of California, Ms. 

TITUS, Mrs. TmmEs, Ms. VEru".zqu:mz, .Ms. \VASSER1\h\.N ScHULTZ, Mr. 

\VBBJCR of Trxas, .Vlr. YAR.MUl'H, and Mr. i':BLDTN) suhmittcd tlw following resolution; which was referred \.o t!Je Commi\.tee on Foreign .elifairs 

RESOLUTION 

Honoring the life of Shimon Peres. 

\.Vhereas Shimon Peres vvas born as Szymon Perski on August 21, lD::n, in Vishnev, Poland, today part of Belarus; 

Whereas in 1934, he and hi:;; family emigrated to Israel, then 

the British-controlled Palestinian Mandate; 

vv11ereas Peres joined the pre-cursor to the Israeli army, the 

Hagauah, helped found 1\.ibbut,; Ckva, and became HJvolved in the Ha11oar Haovec1 youth movement; 
22


24833e-2.eps

\\l1ereas in 1945, Peres joined the Young Guard of Mapai, 

the politi(~al party that later heeame the Labor Party, 

and ~was elected to the steering committee; 

\Vhereas in 1945, Peres married Sonia Gelman, to whom he 

was married for more than GO years until her passing in 

2011: 

\\l1ereas in 1952, Peres was appointed deputy direetor gt'neral of the Defense Ministry of the State of Israel; 

\\l1ereas Peres was elected as a Mapai member to the 

1\.nesset in 1959. where he would go on to serve for 50 

years; 

\\1lereas Peres, vl~th David T3en-Gurion, worked to establish 

the labor party in 1968; 

\\l1ereas Peres served in the Golda Meir government m various positions; 

\Vhereas Prime Minister Yitzhak Rabin appointed Peres as 

defense minister in 1974; 

Whereas Peres led the labor party to victory in 1984, upou 

which he became Prime Minister, and then foreign miniRter in the unit;.T government created with the Likud 

party; 

\\l1ereas Peres worked to achieve a peace agreement with the 

PLO aml sueeessfully negotiated the Oslo A(~e.onls, whieh 

were signed in 1993; 

\\l1ereas for his work on the Oslo Accords Peres, along with 

Yitzhak l:~abin and Y asser Arafat was awarded the ~ obcl 

Peace Prize in 1994; 

\\11E'reas upon the murder of Prime Minister Yitzhak Rabin 

in 1995, Peres assumed the role of Prime lVliuister aud 
23


24833e-3.eps

q 

•J 

led the country through a difficult period of mourning 

and unre:::;t: 

~Whereas in 1996, Peres founded the Peres Center for Peace, 

dedicated to promoting peace-building and cooperation 

between Israelis aml Palestinians: 

\\l1ereas in 2007, now a member of the Kadima party, Peres 

was eleded as Israel's ninth President; 

Whereas in July 2012, Peres was awarded the Presidential 

Medal of Freedom; 

Whereas in lVlay 2014, Peres was mvarded the Congressional 

Gold Medal; 

\\1wreas Peres passed away on September 28, 2016, in 

Israel, leaving a legacy of strong leadership and dedication to achieving peace; and 

\v11ereas Peres is surv:ive!l by his three ehildren and multiple 

grandehiJdren and great-grandchildren: ~ow, therefore, 

be it 

1 Resol1'ed, That the House of Representatives2 ( 1) e::dends its deepest s:ympathies to the people 

3 of Israel and to tlle family of Shimon Peres in their 

4 bereavement; and 

5 (2) honors the dedication Peres showed to serv6 mg his (~ountry aml preserving the seeurity, pros7 perity, and peace of the State of Israel. 

',___) 
24


24833f-1.eps

115m CONGRI<JSS 

1ST SESSIOK H. RES. 145 

Exyressing the sense of the House of Representatives regarding the fight 

against corruption in Central America. 

IK THE HOUSE OF REPR.ESE::.JTATIVES 

FEBRUARY 16, ~017 

TV 

}1m. TORRES (for herNelf, l\fr. }100LENAA.R, lVIr. ENGEL, Mr. }ICC:AUL, lVIr. 

SmEs, Mr. VM:"\DAO, }Ir. PoE of Texas, and Mr. YorNG of Alaska) submiUed the following resoltttion; which was referred to the Committee on 

Foreign Affairs 

RESOLUTION 

EJ.q)l·essing the sense of the House of Representatives 

regarding the fight against (~orrnption in Central Ameri(~a. 

v\l1ereas aee.ording to Transpareney International's 2016 

Corruption Perception Index, the citizens of Honduras, 

Guatemala, F.l Salvador, Xicaragua, and Panama perceive high levels of government corruptiou; 

vv11ereas "\Videspread corruption in Central America weakens 

citi:oens' faith in public. institutions, limits government eapaeity to advance development goals, and allows drug 

traffickers and other criminals to thrive; 

v\1tereas the International Commission against Impunity in 

Guatemala (CICIO) was created at the request of the 

Guatemalan Government in 2007, and has strengthened 
25


24833f-2.eps

the capacity of Guatemalan institutions, especially the 

Offiee of the Attorney General, to eornbat <·orrnption; 

\Vhereas the Office of the Attorney General of Guatemala, 

under the leadership of Thelma Aldana, and CTCTG, 

umler the lea!lership of Ivu.n Velus<plez, have reeently (~ollaborated to investigate and prosecute a series of corruption eases involving high-level government offi<~ials, demonstrating that it is possible for governments in Ceutral 

America to confront entrenched corruption, and that no 

one is above the law: 

\Vhereas the Attorney General of El Salvador, Douglas 

Melendez, has made significant progress in taekling corrupticm at the highest levels; 

\Vhereas after thousands of Hondurans joined street protests 

against (:orruption and in favor of an International Cornmission against Impunity in Honduras, the Honduran 

Government reached an agreement \Vith the Organization 

of Arneriean States to ereate the :.\fission to Support the 

Fight against Corruption and Impunity in Honduras 

(MACCHI); 

Whereas lVli\CClH, uuder the leadership of ,Juan Jimenez, 

has begun to assist the Office of the Attorney General of 

Hondurai-l, umler the leadership of Oscar Chinehilla, ~with 

the investigation into the more than $300,000,000 that 

was embezzled from the Institute of Social Seenrity; and 

''11ereas the leadership of CICIG and l\iu\.CCIH aml the attorneys general of Honduras, Guatemala, and El Salvador have faeed sig11ifie.ant challenges, including eredihle 

threats against their lives, attempts to publicly dise1·edit 

their work, or efforts to remove them from their posts: 

Now, therefore, be it 
26


24833f-3.eps

q 

•J 

1 Resolved. That the House of R.epresentatives, that2 (1) e.omhating ('orrnption in the )Jorthern Tri3 angle must remain a top poliey priority for the 

4 United States in Central America; 

5 (2) the lutcrnational Commission against lmpu6 nity in Guatemala (CICIG) and the Mission to Sup7 port the Fight againNt Corruption and Impunity in 

8 Honduras (1\lACClH) arc imp01tant eontributions to 

9 this effort; 

10 (3) the Government of Guatemala is urged to 

11 eontinue to eooperate \vith CICIO and the Govern12 ment of Homluras iN urged to continue to eooperate 

13 ·with M1\._CCIH; and 

14 (4) the Governments of Honduras. Guatemala, 

15 and El Salvador are urged to16 (A) publiely support efforts to fight eor17 ruption; 

18 (B) rcspeet the independence of the .iudi19 eial branch and the Offiee of the Attorney Gen20 eral; and 

21 (C) ensure that the Offiee of the Attorney 

22 General in eaeh )Jorthern Triangle eountry re23 ceives suffieicnt domestic budget allocations to 

24 earry out their core responsibilities and that 
27


24833f-4.eps

1 

2 

4 

budgeted funds are delivered m a timely manner. 
28


24833g-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H. RES. 145 

OFFERED BYM 

Strike the preamble and insert the following: 

\,Vhereas according to Transparency International's 2016 

Corruption Perception Index, the citizens of Honduras, 

Guatemala, El Salvador, and Kiearagua pen~eive high 

levels of government corruption; 

\,vl1ereas >videspread eormption in Central America weakens 

citi11cns' faith in public institutions, limits government capacity to advance development goals, and allows drug 

traffi(~kers aml other eriminals to thrive; 

\,Vhereas the International Commission against Impunity in 

Guatemala (CICIG) was created at the request of the 

Guatemalan Government in 2007, and has strengthened 

the capacity of Guatemalan institutions, especially the 

Offi(~e of the Attorney General, to eombat (~orruption; 

\,Vhereas the Office of the Attorney General of Guatemala 

and CTCnG have recently collaborated to investigate and 

prosecute a series of corruption cases involving high-level 

government officials, demonstrating that it is possible for 

governments in Central Ameri(~a to (~onfront entrend1ed 

corruption, and that no one is above the law; 

"'11ereas the Attorney General of El Salvador has made significant progress in tackling corruption at the highest 

levels; 
29


24833g-2.eps

2 

\,v11ereas after thousands of Hondurans joined street protests 

against corruption and in favor of an International Commission against Impunity in Honduras, the Honduran 

Government reached an agreement with the Organi:.mtion 

of American States to create the Yfission to Support the 

l<'ight against Corruption and Impunity in Honduras 

(lVL~CCIH); 

"1wreas :YL~CCIII has begun to assist the Office of the Attorney General of Honduras vvith the investigation into 

the more than $:300,000,000 that was embezzled from 

the Institute of So(~ial Se(mrity; aml 

"1<ereas the leadership of CICIG and 11ACCIH and the attorneys general of Honduras, Guatemala, and El Salvador have faced significant challenges, including credible 

threats against their lives, attempts to publicly discredit 

their work, or effods to remove them from their posts: 

Now, therefore, be it 

Strike all after the resolved clause and insert the following: 

That the House of Representatives2 ( 1) reaffirms that combating corruption m the 

3 Northern Triangle is an important poliey interest for 

4 the United States; 

5 (2) acknowledges that the International Com6 m1sswn against Impunity in Guatemala (CICIG) 

7 and the Mission to Support the Fight against Cor8 n1ption and Impunity in Honduras (MACCHI) are 
30


24833g-3.eps

eurrently making- important eontributions to this ef2 fort; 

3 ( 8) urg-es the Government of Guatemala to eon4 tinue to eooperate with cacao and the Govemmeut 

5 of Honduras to eontinue to eooperate v.~th 

6 lVl.ACClH; and 

7 ( 4) eneourages the Governments of Honduras, 

8 Guatemala, and El Salvador to9 (A) publiely support efforts to fight eor10 ruption; 

11 (B) rcspcet the indcpcudcuec of the judi12 eial braneh and the Offiee of the Attorney Gen13 eral; and 

14 (C) ensure that the Offiee of the Attorney 

15 General in ead1 )Jorthern Triangle (~ountiy re16 ecivcs suffieicnt domestic. budget alloeations to 

17 earry out its core responsibilities and that 

18 budgeted funds arc delivered in a timely man19 ner. 
31


24833h-1.eps

115TH CONGRI<JSS 

1ST SESSIOl\ H. RES. 187 

Relating to efforts to respond to the famine in South Sudan. 

lK THE HOUSE OP REPR.ESE~'l'ATlVJ:<JS 

l\LWCH 9, 2017 

IV 

.Vls. HA8R (for herself, Ms. f,e;e;, .Vlr. BT8HOP of Georgia, iVlr. BR.ADY of l'emlqlvania, Mr. LEWIS of Georgia, l\fr. CAPUANO, lVIr. KEATING, lVIr. 

CICILLINE, Mr. ESPiULL.AT, Mr. Suozzr, Mr. BREXDAN F. BoYLE of 

Pennsylvania, lVIs. KELLY of Illinois, lVIr. CASTRO of Texas, Ms. 

GADBAJW, }Is. Flt.."..J\KJ£L of Florida, Mr. lVIBBKS, .Yir. SmBS, Mr. 

DRPrCH, Mr. SCHN"TDBR, Mrs. 'l'OHR.RR, Ms. Wn,RON of Florida, Mr. 

COJ\YER.S, }Is .• JACKSON LEE, lVIr. COHEN, Mr. 1VICGO\'ER)J, Mr. SMITH 

of Xew Jersey, Mr. SHERM"\N, aml Mr. R"..STIJ\GS) submicted the follmoving resolution: which was referred to the Committee on Foreig11 Affair~ 

RESOLUTION 

Relatiug to efCorts to respoud to the famine iu South Sudan. 

\\1<ereas, on February 20, 2017, famine was formally dedared in parts of South Sudan; 

\Vhereas South Sudan is the world's newest nation and for 

the past three years has ezq)erienced an ongoing armed 

coHi1ict and the deliberate hindrarwe by the Govermncut 

of South Sudan of humanitarian access to opposition 

communities in need; 
32


24833h-2.eps

2 

\\l1ereas due to this deliberate action Sonth Sudan is e:llc~erienmng a "man-made" famine (•urrently affeeting 100,000 

people; 

\Vhereas areording to the United States Ageney for International Development (USAID) food inseeurity is already 

prevalent in South Sudan and the ongoing eonfliet is exaeerhating the situation; 

Whereas the United Kations has reported that 4,HOO,OOO 

people, over 40 pereent of the population, are in urgent 

ueed of food, agrieulture, and uutritional assistance; 

\Vhereas there are 1,900,000 Internally Displaced Persons 

(IDPs) residing in South Sudan and according to the 

United Nations High Commissiou for Refugees 

(U:\fHCR.) an average of approximately 2,400 South Su-

!lanese refugee" arrive in 1~ ganda every day; 

\Vhereas 1,000,000 children in South Sudan are suffering 

from malnutrition in part due to the deliberate actions of 

the Government of South Sudan, at the same time according to United Nations International Children's Emerge11cy Fund (UKTCEF) there are more than 17,000 child 

soldiers forced into combat; 

~Whereas an anticipated 5,500,000 people are at risk for starvation by mid-year and \Vithout urgent humanitarian 

intervention civilians w-ill continue to die from acute malnutrition and millions more w-ill remain at risk; 

\\l1ereas failure to ;wt prior to the npeorning rainy season 

Ma:v to August, will further impede humanitarian efforts; 

and 

\Vhereas the areas where famine has been declared have sceu 

some of the most intense fighting: :\fow, therefore, be it 

Resoll'ed, That-
33


24833h-3.eps

q 

•J 

1 ( 1) it is the sense of the House of Represent a2 tives that3 (A) the Administrator of the United States 

4 Agenry for International Development should 

5 mcrease emergency fundiug by $100,000,000 

6 (or such funds as may be necessary) in March 

7 2017 to respond to the famine in South Sndan 

8 by providing food and other essential resources 

9 and to collaborate ''~th international relief orga10 nizations, such as the World Pood Program and 

11 others in an effort to reach ~vulnerable popu12 lations; and 

13 (B) the Administrator of the rnited States 

14 Agency for International Development should 

15 provide ernergem;y food assistanee under the 

16 Food for Peace Act, including 1vheat, rice, corn, 

17 and sorghum; and 

18 (2) the House of Representatives19 (A) calls upon the Government of South 

20 Sudan to dedare and observe a eessation of 

21 hostilities to allow food and essential supplies to 

22 reaeh affected ci1ilians; 

23 (B) urges spccificall.Y that the Govemmcut 

24 of South Sudan allow immediate and unre-
34


24833h-4.eps

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

4 

stricted humanitarian access to southern Unity, 

where the famine is eurrently underway: 

(C) condemns all threats and ~violence 

against civilian populations and aid workers; 

aud 

(D) supports efforts of the United States 

Government, working with partner~'\ in the 

interuatioual community, ineluding the C nited 

Kations, the African Union, and the European 

U rtion to facilitate humanitarian access to affected areas, and encourages greater diplomatic 

pre8sure on the parties to return to the negotiation table to stop the violence, and to allow full 

humanitarian access. 
35


24833i-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H. RES. 187 

OFFERED BY Ms. BASS OF CALIFORNIA 

Strike the preamble and insert the following: 

\,Vhereas on February 20, 2017, famine was formally declared 

in parts of South Sudan: 

\,v11ereas South Swlan is the worM's newest nation aml for 

the past three years has e)q)erienced an ongoing armed 

conf1ict and the deliberate hindrance by the Government 

of South Sudan of humanitarian access to opposition 

communities in need; 

"11ereas line to this deliberate a(~tion on the part. of the Government of South Sudan and the armed opposition to 

prolong the eonflic~t South Sudan is experieueiug a "maumade" famine currently affecting 100,000 people; 

"1<ereas according to the United States Agency for International Development (USAID) food insecurity is already 

prevalent in South Sudan and the ongoing conflict is exaeerbating the situation; 

Whereas the United 1\ations has reported that 4,900,000 

people, over 40 percent of the population, are in urgent 

need of foo!l, agrieulture, and nutritional assistanee: 

\,Vhereas there are 1,900,000 Internally Displaced Persons 

(TDPs) residing in South Sudan and according to the 

United Nations High Commission for Refugees 

(U='JHCR.) an average of approximately 2,400 South Sudanese refugees arrive in 1~ ganda every day; 
36


24833i-2.eps

2 

\,v11ereas 1,000,000 children m South Sudan are suffering 

from malnutrition in part due to the deliberate actions of 

the Government of South Smlan, at the same time e:wcording to U uited Nations lnteruational Children's Emergency Fund (UKTCEF) there are more than 17,000 child 

soldiers forced into combat; 

\,Vhereas an anticipated 5,500,000 people are at risk for starvation by mid-year and \Vithout urgent humanitarian 

intervention civilians w~ll continue to die from acute malnutrition and millions more ~will remain at risk; 

"11ereas failure to e:wt prior to the upcoming rainy season 

May to August, "~ll further impede humanitarian efforts; 

"11ereas the areas where famine has been declared have seen 

some of the most iuteuse fightiug; 

"11ereas USATD has been a leading prm~der of humanitarian 

support to South Sudan, ind1Hling more than 620,000 

tons of life-sav~ng food assistance since the conflict broke 

out in 201:1; and 

Whereas support provided by the Pood and Agriculture Organization of the rnited Kations (FAD), rNICEF, and the 

\,Vorld Food Program have been critical in reduciug the 

number of civilians at risk of severe malnutrition: Now, 

therefore, be it 

Strike all after the resolved dause and insert the following: 

1 That2 (1) it is the sense of the House of Representa3 tives that-
37


24833i-3.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

8 

(A) the Admini~trator of the United State~ 

Agency for International Development should 

eontinue to provide immediate and robu~t a~­

sistance to respond to the famine iu South 

Sudan by providing food and other essential resources aud to collaborate with international relief organizations, such as ·world Food Program 

and other~ in an effort to reaeh vTtlnerable populations; and 

(D) the Administrator of the rnited States 

Ageucy for luternational Devclopmeut should 

be encouraged to continue to provide desperately needed aml loeally appropriate food aid 

through the Food for Peace and Emergeney 

Food Seeurity Prognnn~: and 

(2) the House of Representatives-

(A) calls upon the Government of South 

Sudan to deelare and observe a eessatiou of 

hostilities to allow food and essential supplies to 

reach affected civilians: 

(B) urges speeifically that the Government 

of South Sudan allow immediate and unrestrieted humanitariau aceess to southern Unity, 

where the famine is eurrently underway; 
38


24833i-4.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

4 

(C) eondemns all threats and violenee 

against civilian populations and aiel workers, ineluding the over 70 humanitarian aid workers 

killed since the conflict began and the brutal attack hy the South Sudanese military on humanitarian aid workers, including Americans, at the 

Terrain Camp in ,July 2016; 

(D) (~ondernm; the multiple instam~es in 

which security forces have looted humanitarian 

assistance destined for civilians in need; and 

(E) supports effolt of the United States 

Government, working w"ith partners m the 

international (~ommmnty, induding the 1~nited 

Kations, the African Union, and the European 

U 1non, to faeilitate humanitarian ae(~ess to affected areas, and encourages greater diplomatic 

pressure on the parties to return to the negotiation table to stop the violence, and to allow full 

humanitarian access. 
39


24833j-1.eps

115TH CONGW<JSS 

1ST SESSIOK H. R. 390 

To provide for emergency relief to victims of genocide, crimes against humanity, and war crimes in Iraq and Syria, to pro>ide accountability for 

perpetrators of tl1csc crimes, <mel for other purposes. 

TK THE HOUSE OF REPRESEXTATTVES 

.JANU.Alty 10, '2017 

}Ir. SMITH of New Jersey (for himself, .Ms. E8HOO, Mr. MEADOW8, 1\:Ir. FoR.-

TEKBERR.Y, l\fr. SE88ION8, Mr. VM\GA8, Mr. LIPINSKI, Mr. FP\U\NK8 of 

Arizona, Mr. Pn"nJKGJ•JH, Mr. BlLHLUuS, Mr. HuurGm;;N, }Ir. VVBBBg 

of Texas, Mr. TR.OTT, Mr. DnFFY, Mr .. TonY R. TTTCR of Grorg1a, Ms. 

SLA.UGHTER, am! Mrs. COMSTOCK) intro(hwed tlw following bill; whieh 

was referred to the Committee ou Foreign Affairs, awl iu addition to the 

Committee on the .Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of 1.uch pro>isions as fall 

>ov-i.thin the jurisdiction of the committ!'e concerned 

A BILL 

To provide for emergeney relief to victims of genoeide, ernnes 

against humauit.y, and war er·imcs in Iraq and Syria, 

to prnvi.cle aeeountability for perpetrators of these erimes, 

and for other purposes. 

Re d enacted by the Senate and House of Re]Yresenta2 tiues o.fthe United States 

3 SECTION 1. SHORT TITLE. 

4 This Ad, may be (~ited as the "Ir<Hl and Syria Geno5 eide Emergeney Relief and Aeeountability Aet of 2017". 
40


24833j-2.eps

2 

SEC. 2. FINDINGS. 

2 Congress finds the follmving: 

3 (1) On Yfarch 17, 2016, Seeretary of State 

4 ,John Kerry staterl, "in my judgment, Daesh 1s re5 sponsible for genoeide against groups in areas under 

6 its eontrol, indwling Y ezidis, Christians, and Shia 

7 Muslims . . the Uuitcd States will strongly support 

8 efforts to collect, doeument, preserve, and analyze 

9 the evidenee of atrocities, and \Ne will do all we cau 

10 to see that the peqJetrators are held aeeountable". 

11 (2) Seeretary of State Kerry stated in the 

12 "Atroeities Prevention Report", transmitted to Con13 gress on :\Iareh 17, 2016, "The Department of State 

14 has a longstanding commitment to pruviaing support 

15 for the urgent humanitarian needs of eonfliet-af16 feeted populations in Iraq, S:;.rria, and across the 

17 world, ineludiug but not limited to members of eth18 nie and religious minorities.". 

19 ( 8) The Indepemlent International Commission 

20 of Inqui1y on the Syrian Arab Republic. stated in its 

21 Februmy 3, 2016, report, "The Government has 

22 committed the crimes against humanity of ex'termi23 nation, murder, rape or other forrns of se!.'"ual v-io24 lence, torture, imprisonment, enforced disappearanee 

25 and other iuhumau acts. Based on the same con26 duct, war erimes have also been eommitted. Both 
41


24833j-3.eps

q 

•J 

1 ,Jabhat Al-Nusra and some anti-Government armed 

2 gTonp;; have (~ommittea the war erime;; of murder, 

3 c1uel treatment, and torture.". 

4 (4) The International Criminal Investigative 

5 Training Assistance Program aud the Office of 

6 Overseas Prosecutor:ial Development Assistance and 

7 Training of the Department of .Tu;;tiee have provided 

8 techaical assistance to goverumental judicial and law 

9 enforcement entities in Iraq, ineluding with funding 

10 support from the Departmeut of State. 

11 (5) There were an estimated 800,000 to 

12 1,400,000 Chri;;tian;; in Iraq in 2002, 500,000 m 

13 201:3, and less than 250,000 in 2015, aceorcling to 

14 the annual International Religious Freedom Reports 

15 of the Depmirnent of State. 

16 ( 6) Although Christians were an estimated 

17 eight to 1 0 percent of the 21 ,000,000 person popu18 latiou of Syria in 2010, "media and other reports of 

19 Christians fleeing the emmtry as a result of the ei,~l 

20 war sugge;;t the Christian population is now (~on;;id21 erably lower'' as of 2015, aceording to the annual 

22 International Religious Freedom Reports of the De23 partment of State. 

24 (7) The Chaldean Catholie Archdioeese of Erbil 

25 (Iraq) is an example of an entity that has not re-
42


24833j-4.eps

4 

1 ceived funding from any government and has been 

2 proviaing assistan(~e to internally displaced families 

3 of Yezidis, Muslims, and Christians, including food, 

4 resettlement from tents to permanent housing, and 

5 rent for Y e,..;idis, medical care and educatiou for 

6 Yezidis and Muslims through clinics, schools, and a 

7 university that are open to all, and some form of 

8 these types of assistance to all of the estimated 

9 10,500 internally displaced Christian families, more 

10 than 70,000 people, in the greater Erbil region. 

11 (8) In fiscal year 2015, the rnited States Oov12 ernment adrnittea to the United States through the 

13 United States Refugee Admissions Program persons 

14 from Priority 2 groups of special humanitarian con15 cern, as designated by CongTess, ineluding16 (A) ,Jews, Evangelical Christians, Ukrain17 1an Catholies, and Ukrainian Orthodox, from 

18 the former Soviet U niou; 

19 (D) Iraqis at risk beeause they were, or 

20 

21 

22 

23 

24 

25 

are, employed in Ira<l by the United States 

Government, a media or nongovernmental organi:cation headquartered in the U11ited States, or 

au organi,..;ation or entity that received funding 

from the rnited States Government, or are related to someone who is, or was, so employed; 
43


24833j-5.eps

5 

1 (C) religious minorities in Iran; and 

2 (D) rnemben; of other groups designated 

3 by the rnited States Government, including4 (i) former political prisoners, artive 

5 members of persecuted religious minorities, 

6 human rights activists, and forced labor 

7 (~onseripts in Cuba; 

8 (ii) minors in Houduras, El Salvador, 

9 and Guatemala; 

10 (iii) ethnic miuoritics from Burma m 

11 Malaysia; 

12 (iv) Bhutanese in )Jepal; aml 

13 (v) Congolese in Rwanda. 

14 (9) Through the United States Refugee Admis15 sions Prognun, the United States Governrnent16 (A) admitted 12,G7G Iraqi refugees in fis17 cal year 2015, inelucling at least 2,11:3 Chris18 tians and 213 Yczidis: 

19 (D) admitted 9,880 Iraqi refugees in fiseal 

20 year 2016, induding at least 1,524 Christians 

21 and 39:3 Yezidis: 

22 (C) admitted 1 ,G82 Sy-rian refugees in fis23 cal year 2015, including at least 30 Christians; 

24 and 
44


24833j-6.eps

6 

1 

2 

3 

(D) admitted 12,587 S;vrian refugees in 

fiseal year 2016, induding at least 64 Christians and 2l! Y ezidis. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 ( 1) APPROPRUTE CO~GRESSIONAL COJVDHT7 TEES.-The term "appropriate (;ongressional eorn8 mittees" means9 (A) the Committee on Foreign Affairs, the 

10 Committee on the Judiciary, and the Com11 mittee on Homeland Security of the House of 

12 Representatives: aml 

13 (B) the Committee on Foreign Relations, 

14 the Committee on the .Judieiary, and the Com15 rnittee on Homeland Seeurity and Govern16 mental Affairs of the Senate. 

17 CAPACT'l'Y-nunJDTKCt.-The term "capaeity18 buildiug", with respect to cases of genocide, crimes 

19 against humanity, war erimes, and terrorism in Iraq 

20 or S}Tia, means developing domestic: skills to effi21 eiently adjudieate sueh eases, eonsistent ~with due 

22 proeess and respeet for the rule of law, through the 

23 usc of experts in international eriminal investiga24 tions and e:xperts in international eriminal law to 

25 partner with, mentor, provide teehnieal advice for, 
45


24833j-7.eps

7 

1 formally train, and prov-ide equipment and infra2 strudure where ne(~es;;my aml appropriate to, mve;.;-

3 tigators and judicial personnel in Iraq, ineluding the 

4 Kurdistan region of Iraq, and domestic investigators 

5 and lawyers iu Syria. 

6 FOREIGN TERRORIST ORGANIZATIOK.-The 

7 term "foreign terrorist organization" mean an orgaS ni~ation designated by the Secretary of State as a 

9 foreig11 terrorist organi~:ation pursuant to section 

10 219(a) of the lmmigratiou and Nationality Act (8 

11 U.S.C. 1189(a) ). 

12 ( 4) Hn.rviAc~ITARIAN, STAEILIZATIOK, ~'li'D RE13 COv~RY NEEDS.-The term "humanitarian, sta14 bilization, and recovery needs'', with respect to an 

15 individual, includes water, sanitation, hygiene, food 

16 security and nutrition, shelter and housing, medical, 

17 education, and psychosocial needs. 

18 (5) HYBRID COCR'l'.-'l'he term "hybrid court" 

19 means a court vvith a combination of domestic and 

20 international lawyers, judge;;, and personnel. 

21 (6) INTERNATIOKM.IZED DOMESTIC COrRT.-

22 The term "internationali:r.ed domestic court" means 

23 a domestic court with the support of international 

24 advisers. 
46


24833j-8.eps

8 

SEC. 4. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ 

2 AND SYRIA. 

3 (a) ASSTSTANCR To SrPPOR.T CERTATK E~TTTTRS.-

4 (1) IK cmNERAL.-The Secretary of State, <Wt5 ing through the Assistant Secretary for Democracy, 

6 Human Rights, and Labor, the L~ssistant Se(~rdary 

7 for International 1\ a reo tics and Law Enforcement 

8 Affairs, and Administrator of the United States 

9 Agency for International Development, shall provide 

10 assistance, including financial assistance, to support 

ll entities that are taking the actions described in 

12 paragraph (2) vvith respect to individuals who are 

13 suspected to have committed genocide, crnnes 

14 against humanity, or war erimes in Iraq sinee ,Janu15 ary 20U, or Syria since March 2011. 

16 (2) ACTIONS DRSCRTDRD.-The actions de17 scribed in this para~rraph arc the following: 

18 (A) Conducting criminal investigations. 

19 (B) Developing investigative and j1H1i(~ial 

20 capacities. 

21 (C) Collecting evidence. 

22 (D) Preserving the ehain of evidence for 

23 prosecution in domestic courts, hybrid courts, 

24 and internationalized domestic courts. 

25 (E) Capacity-buildiug. 
47


24833j-9.eps

9 

1 (3) AVAIL~lliiLITY OF AMOr::'·JTS.-Amounts au2 thoriz~d to b~ appropriat.~a or oth~nvis~ mad~ avail3 able for programs, projeets, and activities carried 

4 out by the Assistant Seeretary for Democraey, 

5 Human Rights, and Labor and the Assistant Sce6 retar:y for International Narcoties and Law Enforee7 m~nt Affairs ar~ authoriz~d to h~ mad~ available to 

8 earry out this subseetion. 

9 (b) ACTIONS DY FODRHi~ GOYERKMRKTS.-'f'he See1 0 retary of State, in eonsultation with the Attorney General, 

11 the Seeretary of Homeland Seeurity, and the Director of 

12 the Ft~deral Bur~au of Investig-ation, shall seek to eneonr13 age governments of foreign eountr:ies14 (1) to indude in appropriate seeurity databases 

15 and security sereening procedures of such countries 

16 information to identify individuals who are suspeeted 

17 to have eommitted genoeide, crimes against humanIS ity, or vvar crnnes in Iraq siuee Jauuary 2014 or 

19 S:vria since :VIareh 2011, ineluding individuals who 

20 are suspeet~d to b~ members of foreign terrorist or21 ganizations operating vvithin Iraq or S,yria; and 

22 (2) to proseente such individuals for genocide, 

23 e.runes against humanity, or war er·imes, as appro24 priate. 
48


24833j-10.eps

10 

1 (c) REv'1EW OF CERTMN CRilvTI~AL STATUTES.-The 

2 Attorney General, in eommltation with the Se(~retary of 

3 State, shall conduct a review of existing criminal statutes 

4 concerning genocide, crimes against humanity, and war 

5 crimes to determine the following: 

6 (1) The e::-.-tent to which United States courts 

7 are ('Urrently authorized hy statute to exereise juris8 diction over such crimes where the direct perpetra9 tors, accomplices, or 'Victims are United States na1 0 tionals, C nitecl States residents, or perso11s phys11 ically present in the territory of the United States 

12 either during the eommission of the erime or suhse13 quent to the commission of the erime. 

14 (2) v\7hat statutes are currently m effect that 

15 would apply to conduct constituting war crimes or 

16 crimes against humanity, and ·whether those statutes 

17 prm~de for e::-.-traterritorial jurisdiction, what the 

18 statute of limitatious for offenses under such stat19 utes are, what penalties apply under such statutes, 

20 and whether offemlers would he sul(jed to e::-.i,ra21 dition or mutual legal assistance treaties. 

22 (:3) The extent to which the absence of criminal 

23 statutes defining the crimes, or granting jurisdictiou, 

24 vmuld impede the prosecution of genocide, crimes 

25 against hmmmity, and war crimes in United States 
49


24833j-11.eps

11 

1 courts, including when United States military forces 

2 eaptnre persons outside the United States known to 

3 have committed such crimes in a third countr.Y that 

4 is either unable or unwilling to prosecute the crimes. 

5 ( 4) Whether additional statutory authorities arc 

6 necessary to prosecute a United States person or a 

7 foreign person '<'v'ithin the territory of the 1~nited 

8 States for genocide, crimes against humanity, and 

9 war crm1es. 

10 (d) CONSULTATION.-ln carrying out subsection (a), 

11 the Secretary of State shall consult with and consider 

12 ere!lihle information from entities deserihed in paragntph 

13 ( 1) and paragraph (2) of such subsection. 

14 (e) SENSE OF COKGRESS.-It is the sense of Con15 gres:s that an appropriate amount of the additional 

16 amount made available under the heading "Economic 

17 Support Fund'' in title IT of div-isio11 D of the Further 

18 Contiuuiug and Security Assistance Appropriations Act, 

19 2017 (Public Law 114-254) should be made available to 

20 earry out suhseetion 
50


24833j-12.eps

12 

SEC. 5. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS 

2 HUMANITARIAN, STABILIZATION, AND RE· 

3 COVERY NEEDS OF CERTAIN PERSONS IN 

4 IRAQ AND SYRIA. 

5 (a) IDENTIFICATION.-The Secretary of State. in 

6 eommltation vvith the Seeretary of Defense, the Ambas7 sador at Large for lutcrnational Hcligious J1'rccdom, the 

8 Special Advisor for Religious :Yiinorities in the Near East 

9 and South/Central Asia, the Assistant Secretary for Popu10 lation, Refugees, and Migration, the Administrator of the 

ll United States Agency for International Development, and 

12 Director of National Intelligence, shall identicy the fol13 lowing: 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(1) The threats of perseention and other warning signs of genocide, crimes against humanity, and 

1var crimes against inchvidnals-

(A) who arc or were nationals and rcs1-

dents of Iraq or Syria, and are members of the 

religions or ethnie gTonps that are minorities in 

Iraq, or minorities in Syria, and with respect to 

which the Secretary of State has determined 

the Islamic State of Iraq and Syria (ISIS) lms 

committed genocide, crimes against humanity, 

or war cnmes in Iraq or Syria smce ,January 

2014; or 
51


24833j-13.eps

B 

1 (B) who are members of other religious or 

2 ethnie gTonps that are minorities in Inu1, or mi3 nor:ities in S,yria and are identified by the Sec4 retary of State (or the Secretary's designee) as 

5 persecuted groups. 

6 (2) The humanitarian, stabilization, and recov7 ery needs of individuals deseribed in paragTaph (1). 

8 (!3) The rclig·ious and ethnic groups that arc nil9 norities in Iraq, or are minorities in S:;rria, with re10 speet to which the Secretary of State has determined 

11 ISIS has committed genocide, crimes against lm12 manity, or "\Var erimes in Iraq or SyTia sin(~e .Tanu13 ary 201 '1, or are other religious or ethnic gToups 

14 that are minorities in Iraq, or are minorities in 

15 Syria, identified by the Secretary of State (or the 

16 Secretary's clesig·nee) as a persecuted group, and are 

17 at risk of forced migTation, 1vithin or across the borIS dcrs of Iraq, or Syria, or a eouutry of first asylum, 

19 and the primary reasons for such risk. 

20 ( 4) The assistanee provided by the 1~nited 

21 States to address humanitarian, stabilization, and 

22 recovery needs of imJi~viduals described in paragraph 

23 (1) and groups described in paragraph (3), ineludiag 

24 assistance to mitigate the risks of forced migTation 

25 of sueh persons and gToups from Iraq or Syria. 
52


24833j-14.eps

14 

1 (5) The mechanisms of the United States Gov2 ernment to identify, assess, and respond to humani3 tarian, stabilization, and reeovery needs, and risks of 

4 forced migration, of indiv~duals described in para5 graph ( 1) and groups dcseribcd in paragraph ( 3). 

6 ( 6) The assistanee prcrvided by or through the 

7 Unitea Kations, induding the Funding Faeility for 

8 Immediate Stabilizatiou and Punding J:i'aeility for 

9 EA.'J)anded Stabili:>:ation, to address humanitarian, 

10 stabilization, and rceovcry needs of individuals dell seribed in paragraph ( 1) and groups described in 

12 paragraph ( :1), induding assistanee to mitigate the 

13 risks of foreed migration of sueh individuals and 

14 groups >vithin or across the borders of Iraq, or 

15 Syria, or a eountry of first asylum from Iraq or 

16 S:vria. 

17 ( 7) The entities, including faith-based entities, 

18 that arc providing assistanec to address humani19 tarian, stabili:>:ation, and reeovery needs of indiv~d20 uals des(~rihed in paragn1ph ( 1) and gToups de21 seribed in paragraph (:3 ). 

22 (8) If the rnited States Government23 (A) is funding entities dcseribcd in para24 graph (7) for puq)oses of providing assistanee 
53


24833j-15.eps

15 

1 described in such paragraph, the sources of 

2 ~meh funding: and 

3 (B) is not funding entities described in 

4 paragTaph (7) for puq)fJSes of providing assist5 aucc described in such paragraph, a justifica6 tion for not funding such entities, including 

7 whether funding sueh entities is prohibite!l 

8 under United States law. 

9 (h) ADDTTTO:-Ji\TJ COKSrTJTATTOK.-Tn carrying out 

10 subscctiou (a), the Secretary of State shall cousult with, 

11 and consider credible information from, indiv'iduals de12 serihed in paragTaph ( 1) of suhsedion (a) and entities de13 scribed in paragraph (7) of suc·h subseetion. 

14 (e) ASSISTA)JCE.-The Secretary of State and Ad15 ministrator of the United States Ageney for International 

16 Development shall provide assistance, including eash as17 sistance, to support entities described in paragTaph (7) of 

18 subscctiou (a) that the Secretary and Admiuistrator dctcr19 mine are effectively providing assistance described in such 

20 paragraph, induding entities that have reeeive!l funding 

21 from the United States Government for such purposes be22 fore the date of the enactment of this Act. 

23 (d) SENSE OJ!' OJNGRBSS.-lt is the scuse of Con24 gress that an appropriate amount of the additional 

25 amount made available under the heading "Economic 
54


24833j-16.eps

16 

1 Support Fund'' m title II of division B of the Further 

2 Continuing and See.urity Assistance Appropriations Aet, 

3 2017 (Public Law 1111-254) should be made available to 

4 carry out subsection (c). 

5 SEC. 6. REFUGEE ADMISSIONS OF NATIONALS AND RESI6 DENTS OF IRAQ OR SYRIA. 

7 (a) IN GE:mHAL.-Aliens vvho are, or were, a na8 tional aud a resident of Iraq or Syria, and who share com9 mon characteristics that identify them as targets of perse10 cution on account of membership in a religious or ethnic 

11 minority in that country, in particular being survivors of 

12 geno(•.ide, erimes against humanity, or war erirnes, or 

13 being the surviving spouse or child of an individual who 

14 was killed by a perpetrator of such a crime15 (1) are deemed to be of special humanitarian 

16 concern to the United States; and 

17 (2) shall be eligible for Priority 2 proeessing 

18 under the refugee resettlement priority system. 

19 (b) IN-COUKTHY ili'-<"D Ol~T-OF-COUKTRY PROC20 E88IKCt.-Aliem; deserihed in :,;uhsedion shall be al21 lowed to apply, and interview, for admission to the rnited 

22 States through refugee processing mechanisms in coun23 tries where aliens may apply, and interview, for admissicm 

24 to the rnited State:;; as refugees. 
55


24833j-17.eps

17 

1 (e) APPI,ICABILITY OF OTHER R,EQUIREME~TS.-

2 Alien~ who qualifY under thi~ section for Priority 2 pro<~-

3 essing under the refugee resettlement priority system may 

4 only be admitted to the United States after satisfying the 

5 requirements of section 207 of the lmmigratiou and N a6 tionality Act (8 U.S.C. 1157) and having cleared a back7 gTonnd du~ek and appropriate ~ereening, a~ determined hy 

8 the Secretary of Homeland Security. 

9 (d) WATV'"F.T\, OF CET\,TATN GROUNDS OF TNADMTS10 8lB1LlTY.-ln the ease of an alien described iu subscctiou 

11 (a), the Secretary of State, after consultation vvith the At12 torney General and the Se<~retary of Homeland Seeurity, 

13 or the Secretary of Homeland Security, after consultation 

14 with the Secretary of State and the Attorney General, may 

15 waive, in sueh Secretary's sole and um'eviewable discre16 tion, paragraph (:3)(B) (other than clause (i)(II)) of sec17 tion 212(a) of the Immigration and Nationality Act (8 

18 U.S.C. 1182(a)) with respect to activities undertaken by 

19 such an alien in the course of avoiding or evading perseeu20 tion by an organization des<~ribed m seetion 

21 212(a)(:3)(B)(v-iJ of such Act (8 U.S.C. 

22 1182(a)(:3)(D)(vi)). 

23 (c) CATJ£GORICAL lDLIGlBILl'l'Y.-'l'hc J:i\weign Oper24 ations, Export Financing, and Helated Programs Appro25 priat.ions Act, 1990 (Public Law 1 01-167) is amended-
56


24833j-18.eps

18 

1 (1) in section 599D (8 U.S.C. 1157 note)-

2 (A) in snhse(·tion (h)(:1), hy striking "aml 

3 2016" and inserting "2016, 2017, and 2018"; 

4 and 

5 (B) in subsection (c), by striking "2016." 

6 each place it appears and inserting "2018.''; 

7 and 

8 (2) in section 599E(b)(2) (tl LS.C. 1255 note), 

9 by striking "2016," and inserting "2018,". 

10 (f) HULE 01<' CONSTl:WCTlON.-Nothing in this scc11 tion may be construed to lessen the protections under 

12 United States law for bona fide refugees \vho are not de13 scribed in this section. 

14 SEC. 7. REPORTS. 

15 (a) SECTION 4(a) Ac~ (b) REPORT.-Not later than 

16 120 days after the date of the enactment of this Act. the 

17 Seeretary of State shall submit to the appropriate congres18 sional committees a report ou the followiug: 

19 ( 1) A detailed description of the efforts taken, 

20 and efforts proposed to he taken. by the Seerdary 

21 of State to implement seetion ·±(a) and seetion '±(b). 

22 (2) An assessment of the feasibility and aclvis23 ability of prosecuting individuals who arc suspected 

24 to have committed genocide, crimes against human25 ity, or war erimes in Iraq since ,January 2014 or 
57


24833j-19.eps

19 

1 S:vria since }larch 2011 in domestic courts in Iraq, 

2 hyhrid eourts, and internationalized domesti(~ ('ourts. 

3 and of the eapacity-building, and other measures, 

4 needed to ensure effective criminal investigations of 

5 such individuals. 

6 (b) SECTION HEPORT.-:.Jot later than 120 days 

7 after the date of the emwtment of this Aet, the Attorney 

8 General shall submit to the appropriate congressional 

9 committees a report on the following: 

10 ( 1) The results of the review eonducted under 

11 section '1(e). 

12 (2) 8ud1 reeornrnendations for legislative and 

13 administrative actions to implement the results of 

14 the review as the Attorney General determines ap15 propriate. 

16 (c) SECTIO~S 5 AND 6 HEPORT.-Not later than :30 

17 days after the date of the enactment of this Act, the Sec18 retary of State shall submit to the appropriate eougres19 sional committees a report on the follm:vring: 

20 ( 1) A !let ailed deseription of the efforts taken. 

21 and efforts proposed to be taken, by the Secretary 

22 of State to implement section 5. 

23 (2) A detailed description of the identifications 

24 under section 5 (a). 
58


24833j-20.eps

20 

1 A detailed description of the efforts taken, 

2 and efforts proposed to he taken, by the Seerdary 

3 of State and the Secretary of Homeland Security to 

4 implement section G. 

5 (d) l<'ORlVL-Each report required under this section 

6 shall be submitted in unclassified form, but may contain 

7 a dassifie!l annex if neeessary. 
59


24833k-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 390 

OFFERED BY MR. SMITH OF NEW JERSEY 

Strike all after the enacting clause and insert the 

follmving: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "Iraq and Syria Geno3 cide Emergency Relief and Accountability Act of 2017". 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Religious and ethnic minorities in Iraq and 

7 Syria are persecuted woups, and the Secretmy of 

8 State of State declared on :VIarch 17, 2016, that 

9 Daesh, also known as the Islarnie State of Iraq and 

10 Syria (ISIS), was responsible for genocide, crimes 

11 against humanity, and other atrocity crimes against 

12 several of these groups, including Christians aud 

13 Yezidis. 

14 (2) A(~(~ording to the Department of State's an15 nual reports on international religious freedom, the 

16 number of Christians living in Iraq has dropped 

17 from an estimated 800,000 to 1,400,000 in 2002 to 

18 fewer than 250,000 in 2015. 
60


24833k-2.eps

2 

( 8) The annual reports on international reli2 gious freedom further suggest that Christian com3 munities living in Syria, whid1 hall ac:eounted for be4 tween eight and ten perceut of Syria's total popu5 lation in 201 0, are now "considerably" smaller as a 

6 result of the civil war. 

7 ( 4) Local communities and entities have sought 

8 to mitigate the irnpaet of violenee direeted against 

9 religious and ethnic minorities in Iraq and Syria, in-

] 0 eluding the Chaldean Catholic Archdiocese of Erbil 

11 (Kurdistan Regiou of lraq), which has used private 

12 funds to provide assistance to internally displaced 

13 Christians, Yezidis, and Muslims throughout the 

14 greater Erbil region, while grmving needs and dimin15 ishing resoun~es have made it im~reasingly diffieult 

16 to continue these efforts. 

17 SEC. 3. DEFINITIONS. 

18 ln this Act: 

19 ( 1) APPROPRIATE CO~GRESSIONAL COJYDIIT20 TRES.-The term "appropriate congressional com21 mittees" means22 (A) the Committee on Foreign Affairs, the 

23 Committee on the Judiciary, the Committee ou 

24 Homeland Security, and the Permanent Select 
61


24833k-3.eps

8 

Committee on Intelligem~e of the House of Rep2 resentatives; and 

3 (B) the Committee on Foreign Relations, 

4 the Committee on the Judiciary, the Committee 

5 on Homeland Security and Governmental Af6 fairs, and the Select Committee on Intelligence 

7 of the Senate. 

8 (2) FOREIGN TERRORIST ORGA""~IZATIOK.-The 

9 term "foreign terrorist organization" mean an orga1 0 ni~ation designated by the Secretary of State as a 

11 foreign terrorist organi11ation pursuant to section 

12 219(a) of the Immigration and Nationality Act (8 

13 U.S.C. 1189(a)). 

14 (3) HUJVIANITARIAN, STABILIZATIOK, AKD RE15 C0\7ERY NEEDS.-The term "humanitarian, sta16 bili11ation, and recovery needs", with respect to an 

17 individual, includes water, sanitation, hygiene, food 

18 security and nutrition, shelter and housing, recon19 struction, medical, education, and psychosocial 

20 needs. 

21 (4) HYBRID COl~RT.-The term "hybrid court" 

22 means a court vvith a combination of domestic and 

23 international lawyers, judges, and personnel. 

24 (5) INTERNATIOKALIZED DOMESTIC COl~RT.-

25 The term "internationali~ed domestic court" means 
62


24833k-4.eps

4 

a domestie eourt with the support of international 

2 advisers. 

3 SEC. 4. STATEMENT OF POLICY. 

4 It is the policy of the United States to ensure that 

5 assistance for humanitarian, stabili~ation, and recovery 

6 uccds is directed toward those individuals and commu7 nities with the greatest need, inc.luding those individuals 

8 from eommunities of religious aml ethni(~ minorities, aml 

9 communities of religious and ethnic minorities, that have 

10 been identified as being at risk of perseeution, foreed mill gratiou, aets of gcuoeidc, crimes agaiust humauity, or war 

12 erm1es. 

13 SEC. 5. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ 

14 AND SYRIA FOR ACTS OF GENOCIDE, CRIMES 

15 AGAINST HUMANITY, AND WAR CRIMES. 

16 (a) ASSIS'l'A_'\fCE.-'l'hc Secretary of State aud the 

17 Administrator of the rnited States Ageney for InterIS uatioual Development arc authorized to provide assist19 anee, inducting finaneial and teehnieal assistanee, as nee20 essary and appropriate to support the efforts of entities, 

21 inelucling nongovernmental organizations ~with expertise in 

22 international eriminal investigations and law, to undertake 

23 the following aetivitics to address m·imcs of genocide, 

24 erimes against humanity, or war er·imes, and their eon25 stituent erimes, in Iraq sinee ,January 2014: 
63


24833k-5.eps

5 

( 1) The eondud of (~riminal investigations. 

2 (2) The development of indigenous investigative 

3 and judi(~ial skills, ind1Hling hy paitnering, diredly 

4 meutoring, and providiug equipmeut and infrastruc5 ture where neeessary, for the purpose of effectively 

6 ac~judieating cases consistent with due process aud 

7 respeet for the rule of law. 

8 ( 8) The (~olle(~tion and preservation of evidenee 

9 and the ehain of evidence, including for use in pros-

] 0 ecutions in domestic eourts, hybrid courts, and inter11 nationali:,-;ed domestic courts, consistent with the ac12 tiv-ities described in subsection (b). 

13 (h) ACTIONS BY FOREHcJ.~ GOVERKMEKTS.-The Se(~-

14 retary of State, in consultation with the Attorney General, 

15 the Seeret~ny of Homeland Seeurity, the Diredor of N a16 tionallntelligeuce, and the Director of the 11'ederal Bureau 

17 of Investigation, shall encourage governments of foreign 

18 couutries19 ( 1) to include in appropriate security databases 

20 and seeurity screening procedures of such countries 

21 information to identify individuals who are suspected 

22 to have committed crimes of genocide, cnmes 

23 agaiust humanity, or war crimes, and their con24 stituent crimes, in Iraq or S;vria, induding individ-
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6 

uals who are suspeeted to be members of foreign ter2 rorist organizations operating in Iraq or Syria; and 

3 (2) to prose(mte such individuals for ~wts of 

4 genocide, crimes against humanity, or war crimes, as 

5 appropriate. 

6 (c) RJ£VIEW 01:<' CERTAIN CRINil~AL S'l'A'l'U'l'ES.-'l'he 

7 Attorney General, in consultation vvith the Secretary of 

8 State, shall (~ondlH~t a review of existing erirninal statutes 

9 concerning genocide, crimes against humanity, and war 

10 crimes to determine the following: 

11 (1) The extent to which United States courts 

12 are currently authorized by statute to exercise juris13 dietion over sud1 (~rimes where the (lireet pel1Jetra14 tors, aceomplices, or vietims are United States na15 tionals, T~nited States residents, or persons phys16 ically present in territory of the United States either 

17 during the commission of the crime or subsequent to 

18 the eommission of the crime. 

19 ( 2) The statutes that are eurrently in effect 

20 that would apply to conduct constituting war crimes 

21 or crimes against humanity, whether those statutes 

22 provide for e2.iraterritorial jurisdiction, the statute 

23 of limitations and the penalties that apply under 

24 such statutes, and whether offenders would be sub-
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7 

jed to extradition or mutual leg-al assistarwe trea2 ties. 

3 ( 8) The extent to whid1 the absen(~e of erirninal 

4 statutes defining the crimes, or gTanting· jurisdictiou, 

5 would impede the proseeution of g·enocide, crimes 

6 agaiust humanity, aud war crimes iu United States 

7 courts, including when United States military forces 

8 eapture persons outside the United States known to 

9 have committed sueh crimes in a third country that 

10 is either unable or unwilling to prosecute the crimes. 

11 ( 4) Whether additional statutory authorities arc 

12 necessary to prosecute a rnited States person, or a 

13 foreign person >>'ithin the territory of the 1~nited 

14 States, for genoeicle, m·imes against humanity, and 

15 war (mmes. 

16 (d) CONSUL'l'ATION.-ln earrying out subscctiou (a), 

17 the Secretary of State shall eonsult with and consider 

18 credible information from entities described in such sub19 seetion. 

20 SEC. 6. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS 

21 HUMANITARIAN, STABILIZATION, AND RE22 COVERY NEEDS OF CERTAIN PERSONS IN 

23 IRAQ AND SYRIA. 

24 (a) IDENTIFICATION.-The Seeretary of State, in 

25 consultation "~th the Secretary of Defense, the Adminis-
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R 

trator of the T~nited States Agem~y for International De2 velopment, and Director of Kational Intelligence, shall 

3 seek to identify the following: 

4 ( 1) 'l'he threats of persecution and other early5 warnmg indicators of genocide, crimes against hu6 manity, and war crimes against individuals-

? (A) who are or were nationals and resi8 dents of Ira<l or S:vria, are members of religious 

9 or ethnic minority groups in such countries, 

10 and v.~th respect to which the Secretary of 

11 State has determined ISIS has committed acts 

12 of genocide, crimes against humanity, or war 

13 erimes sim~e .Tan nary 20 14; or 

14 (B) who are members of other religious or 

15 ethnie minority groups in Iraq or Syria aml are 

16 identified by the Secretary of State as per17 secuted groups. 

18 (2) 'l'he religious and etlmic minority groups iu 

19 Iraq or Syria identified pursuant to paragraph ( 1) 

20 that are at risk of forced migration, v.~thin or across 

21 the borders of Iraq, Syria, or a country of first asy22 lum, and the primary reasons for such risk. 

23 ( 3) The humanitariau, stabili~atiou, and recov24 ery needs of individuals described in paragraphs ( 1) 

25 and (2), including the assistance provided by the 
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9 

Unite!l States and by the Unite!l Nations, respe(~-

2 tively, to address the humanitarian, stabilization, 

3 and re(~overy needs, and mitig-ate the risks of fon~ea 

4 migration, of individuals described in paragraphs ( 1) 

5 and (2) and assistance provided through the Fund6 ing 11'acility for Immediate Stabili:,mtion and 11'und7 ing Faeility for EAlJanded Stabilization. 

8 ( 4) To the extent prad.ieable and appropriate, 

9 the entities, ineluding faith-based entities, that are 

10 prm~ding assistanee to address the humanitarian, 

11 stabilization, and reeovery needs of individuals de12 seribed in paragTaphs (1) and (2) and the extent to 

13 whid1 the Unite!l States is providing assistanee to or 

14 through sueh entities. 

15 (h) ADDITIO~AL COKSrLTATIOK.-ln earrymg out 

16 subsection (a), the Seeretary of State shall consult with, 

17 and consider eredible information from, individuals de18 seribed in paragraphs (1) and (2) of such subsection and 

19 entities cleseribecl in paragraph ( 4) of sueh subseetion. 

20 (c) ASSTSTANCK-The Seeretary of State and the 

21 Administrator of the rnited States Ageney for Inter22 national Development are authorized to provide assist23 ance, ineluding financial and tedmieal assistanee as nec24 essary and appropriate, to support entities deseribed in 

25 subseetion (a)(4) that the Secretary and Administrator de-
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10 

terrnine have aeeess, aml are (~apable of effe(~tively man2 aging and delivering such assistance, to the individuals de3 seribed in paragraphs (1) and (2) of sueh subse(~tion. 

4 SEC. 7. REPORTS. 

5 (a) hfPLRMRNTATTO~ RRPOR.T.-1\ot later than 90 

6 days after the date of the euactment of this Act, the Sec7 retary of State shall submit to the appropriate congresS sional (~ommittees a report on the following: 

9 ( 1) A detailed description of the efforts taken, 

10 and efforts proposed to be taken, to implement the 

11 provisious of this Act. 

12 (2) An assessment of the feasibility and aclvis13 ability of proseeuting individuals for whom eredible 

14 evidence exists of having committed acts of genocide, 

15 mimes against humanity, or war (~rimes in Iraq sinee 

16 January 2014 or Syria siuce March 2011 in domes17 tic courts in Iraq, hybrid courts, and internationalIS ized domestic courts, and of the measures needed to 

19 ensure effective criminal investigations of such indi20 v-iduals, and to effectively collect and preserve ev-i21 deuce, and preserve the chain of evidence, for pros22 ecution. 

23 ( 3) The results of the rev1ew conducted under 

24 section 5(c). 
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11 

( 4) Reeommendations for legislative remedies 

2 and administrative actions to facilitate implementa3 tion of this Ad,. 

4 (b) J<'omvr.-'l'he report required under this sectiou 

5 shall he submitted in unclassified form, but may contain 

6 a classified auuex if necessary. 

Amend the title so as to read: "A bill to provide 

emergency relief for ~victims of genocide, crimes against 

humanity, and war mimes in Ira<l and Syria, for aeeountability for peq)etrators of these crimes. and for other 

purposes.". 
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AMENDMENT TO THE AMENDMENT IN THE 

NATURE OF A SUBSTITUTE TO H.R. 390 

OFFERED BY MR. SMITH OF NEW JERSEY 

Page 1, line 18, insert before the period at the end 

the follo1.ving: ", and the nurnher of Yezidi~ living in Iraq 

has dropped from 500,000 iu 2013 to 350,000 to 

400,000 in 2015". 

Page 2, line 6, insert before the period at the end 

the following: ", and that the populatiou of approximately 

80,000 Yezidis in 2010 may now be larger because of refugee~ from Iraq". 

Page 4, line 6, after "nee!l~" in~ert "of in!livi!lual~ 

who are or were nationals and residents of Iraq or Syria, 

and of communities from those countries,". 
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115TH CONGHbJSS 

1ST SESSIOJ\ H.R.479 

To require a report on the designation of the Democratic People's Republic 

of Korea as a stat<' sponsor of terrorism, and for other purposes. 

IK THE HOUSE OF REPR.ESE~TATIVES 

JANUMtY 12, 2017 

1\Ir. POE of Texaf: I for himself amll\Ir. SHERMAN) intn•dueed the following 

bill: which was referred to the Committee on Foreign Affairs 

A BILL 

To reqmre a report on the designation of the Democratic 

People's Republic of Korea as a state sponsor of terrorio-;m, and for other purpoo-;eo-;. 

Be d enacted lJy the 8enate and !louse !({ Repn:senta2 tives United States ~c!mcrica in Congress as~;en'lbled, 

3 SECTION 1. SHORT TITLE. 

4 'l'his Act may be cited as the "North Korea State 

5 Sponsor of Terrorism Designation Act of 2017". 

6 SEC. 2. REPORT ON DESIGNATION OF GOVERNMENT OF 

7 NORTH KOREA AS A STATE SPONSOR OF TER8 RORISM. 

9 FIKDINGS.-CongTeso-; fimlo-; the follm.ving: 
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2 

1 ( 1) The Government of :\!" orth Korea was des2 ignated a state sponsor of terrorism on ,January 20, 

3 1988, for repeatedly pmviding support of acts of 

4 international terrorism. 

5 (2) However, on October 11, 2008, North Ko6 rea's designation as a state sponsor of terrorism was 

7 reseinde!l, follovving eommitments hy the GovernS meut of North Korea to completely, verifiably, aud 

9 irreversibly dismantle its nuclear weapons program, 

10 yet North Korea has failed to live up to these com11 mitments and is continuing to produce ever greater 

12 quantities of fissile material for nudear weapons and 

13 periodieally conduet testing of nuelear e:x'IJlosive de14 'i:tces. 

15 ( 3) Consequence:s of a state sponsor:s of ter16 rorism designation include a ban on arms-related ex17 ports and sales; restrictions on e:x'IJorts of dual-use 

18 items; restrictious on foreign assistance; fimmcial 

19 sanctions against tra11sactions with the designated 

20 government: impm\ition of mis('ellaneous trade and 

21 other restrietions; and potential liability in rnited 

22 States courts for acts that fall within the terrorism 

23 exception of the J1'oreigu Sovereign Immunities Aet. 

24 The criminal code also prohibits financial trans25 actions by United States persons with any govern-
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q 

•J 

1 ment designated as a state sponsor of terrorism. 

2 Issuers of seeurities must aisdose in their pnhli(~ fiJ3 ings any investments in states >vhose governments 

4 sponsor terrorism. Finally, a designation requires 

5 United States representatives to oppose any benefits 

6 or e11ciensions of credit to any designated government 

7 hy international finam,ial institutions. 

8 ( 4) On October 22, 2015, }u:nbassador Sung 

9 Kim, Special Representative for Korth Korea Poliey 

10 with the U.S. Dcpalimcnt of State, testified before 

11 the House Foreign Affairs Subcommittee on Ter12 rorism, Nonproliferation, and Trade that Korth Ko13 rea's "conduet poses a growing threat to the rnited 

14 States, our friends in the region, and the global non15 proliferation regime" and Ms. Hilary Batjer John16 son, Deputy Coordinator for Homeland Security, 

17 Screening, and Desig11ations with the U.S. DepartIS meut of State noted that "weapons transfers that 

19 violate nonproliferation or missile eontrol regimes 

20 eould be a relevant faetor for eonsiat~ration, depend21 ing on the circumstances, consistent w~th the statu22 tory criteria for desig11ation as a state sponsor of 

23 terrorism". 

24 ( 5) The Government of North Korea has har25 bored members of the ,Japanese R,ed Army since a 
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4 

1 1970 h~jacking and continues to harbor the sur2 viv:ing h~j aekers to this day. 

3 (6) On July 16, 2010, in the case of Calderon4 Cardona v. Democratic People's Republic of Korea 

5 (case number 08-01867), the United States Distriet 

6 Court for the District of Puerto Rico found that the 

7 Government of ='Jorth Korea prov:idea material supS port to the Japanese Red ~Army, designated as a for9 eign terrorist organi:T.ation between 1997 and 2001, 

10 in furtherance of a 1972 terrorist attack at Lod Air11 port, Israel that killed 26 people, including 17 

12 Amerieans. 

13 (7) On April 18, 201:3, :Yiichael Flynn, the Di14 rector of the Defense Intelligence Ageney testified 

15 that S:vria's liquid-propellant missile program de16 pends on essential foreign equipment and assistance, 

17 primarily from Korth Korean entities. Further stateIS mcHts by L" nited States Govermneut officials report 

19 that ='Jorth Korea helped Syria build the Al Kibar 

20 nudear reador, vvhieh Israel repodedly llestroyed in 

21 2007, and could have been used to produee pluto22 nium for nuelear weapons. 

23 ( 8) Of the three foreign ~wvcrnmeuts eurrcutly 

24 designated as state sponsors of terrorism, the gov25 ernments of Iran and Syria are designated as state 
75


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5 

1 sponsors of terrorism for their support of Hamas 

2 and Hezhollah. The Department of State's 2005, 

3 2007, 2010, 2012, and 201:3 "Country Reports" all 

4 cited Tran and S:vria for supplying weapons to 

5 Hezbollah through Syriau territory, and most of 

6 them also cited Iran's training of Hezbollah. 

7 (9) In the ease of Chaim Kaplan v. Hezhollah 

8 (case number O~l-646), a United States district 

9 court found in 2014 that North Korea materially 

10 supported terrorist attacks by Hezbollah, a dcs11 ignated foreign terrorist organization, against Israel 

12 in 2006. 

13 (10) In December 2009, a North Korean arms 

14 shipment aboard an Il:yushin Il-76 cargo plane was 

15 discovered and seized by authorities of the Govern16 ment of Thailand. The cargo, ~which was marked as 

17 consisting of oil-drilling equipment, contained :3:) 

18 tons of rockets, surface-to-air missiles (lVL:'L'-JP~illS), 

19 e"Xl)]osives, rocket-propelled grenades, and other 

20 weaponry. A similar shipment 'Nas impounded in the 

21 United A.rab Emirates a few months earlier in July 

22 2009. A third shipment was intercepted by the 

23 Israeli government in the Eastern Mediterranean iu 

24 November 2009. Aecording to published media re25 ports, United States and Israeli intelligenee agencies 
76


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6 

1 coneluded that the shipments were destined for Ira2 nian-baeked terrorb;ts, induding Hezhollah, Hamas, 

3 and the (~uds Foree. ~~wther large quantity of ship4 ments to both Hamas and TieJ~bollah, is believed to 

5 have becu trausfcrrcd unnoticed. 

6 (11) In ,June 2010, Major Kim Myong-ho and 

7 Major Dong }fyong-g\'.'an of North Korea's Reeon8 naissanee General Bureau pled guilty iu a South Ko9 rean eourt to attempting to assassinate Hwang 

10 J ang-yop, a North Korean dissident in exile, on the 

11 orders of Lieutenant General Kim Yong-ehol, the 

12 head of North Korea's Re(~onnaissanee General Bu13 reau. The court sentenc·ed each defendant to 10 

14 years in prison. 

15 (12) In July 2014, press reports indicated that 

16 militants from Hamas, a designated foreign terrorist 

17 organiJ~ation, attempted to negotiate a 11ew arms 

18 deal with 1\orth Korea for missiles and eommuuica19 tions equipment that would have allowed the mili20 tants to maintain their armed terrorist attaeks 

21 against Israel. Security officials announced that the 

22 deal between Hamas and "\forth Korea was worth 

23 hundreds of thousands of dollars and was handled 

24 by a Lebanese-based trading company. 
77


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7 

1 (B) On November 24, 2014, a hacker group 

2 that identified it~elf a~ the "Guardian~ of Pe1we'' 

3 leaked confidential data from the film studio Sony 

4 Pictures Entertainment. The data incluc1ed personal 

5 information about Souy Pictures employees, e-mails 

6 between employees, information about executive sala7 ries at the eornpany, eopit"s of then-unrelease!l Sony 

8 films, aud other informatiou. 

9 (14) On December 16,2015, the "Guardians of 

10 Peace" sent a message to Sony Pictures, to "clearly 

11 show it to you at the very time and places 'The 

12 Interviev1;' be ~hown ... how hitter fate those who 

13 seek fun in terror should be doomed to". The mes14 sage further stated, "The world will be frill of fear", 

15 "[ ... ] Remember the 11th of September 2001". 

16 and "\Ve recommend you to keep yourself distant 

17 from the places at that time.". The threat caused 

18 theaters across the United States to cancel showings 

19 of "The Tnterv'iew" and caused Sony Pictures to 

20 emwd the release of the film in theater~. 

21 (15) On December 19, 2015, the Federal Bu22 reau of Investigation concluded that North Korea 

23 was responsible for the cyber attack on Sony Pic24 hu·es Entertainment and the threat against the 

25 mmne theaters, and that the "Guardians of Peace" 
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8 

1 was a unit of :\forth Korea's Reconnaissanee General 

2 Bureau, ito-; foreigTl intdligenee o-;ervi(~e. 

3 (16) In Mareh 2015, the South Korean govern4 ment publicly aecnsed North Korea of responsibility 

5 for a Deecmbcr 2014 cyber attaek against multiple 

6 nuelear power plants in South Korea, stated that the 

7 athwks >.vere intended to eause a malfnnetion at the 

8 plants' reaetors, and described the attacks as acts of 

9 "eyber-terror targeting our country". 

10 (b) SE.\'SE OF CONGRESS.-lt is the sense of the 

11 Congress that the Government of North Korea likely 

12 meets the eriteria for designation as a state sponsor of 

13 terrorism and, if so, shocud be so designated. North Korea 

14 has failed to live up to its 2008 commitments to verifiably 

15 dismantle its nuelear weapons prognun and appears to 

16 have continued to support acts of international terrorism 

17 after its removal from the list of state sponsors of ter18 rorism in Oetober 2008. 

19 (e) REPORT; DETERMI::\ATION OR .JuSTIFICATION.-

20 (1) IN rmNERAL.-Not later than 90 days after 

21 the date of the enactment of this Act, the Secretmy 

22 of State shall submit to the appropriate congres23 sional committees a report that finds whether24 (A)(i) with respect to each of the acts de25 serihed in paragraphs (5) through (16) of snh-
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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

9 

section (a), the Government of North Korea, ineluding any agents or instrumentalities of the 

Government of Korth Korea, directly or indirectly, committed, conspired to commit, attempted, aided, or abetted such ad; and 

(ii) since October 2008, the Government of 

Korth Korea, indnding any agents or instrumentalities of the Govennneut of North Korea, 

directly or indirectly, committed, conspired to 

commit, attempted, aided, or abetted any other 

aet of international terrorism, ineluding 

tlmmgh-

(I) support for any organization designated as a foreign terrorist organization, 

any entity designated pursuant to Executive Order 1322'1, or any entity that other-

,,~se supports acts of international terronsm; 

(IT) direct sponsorship of aets of 

international terrori~-un; or 

(III) the provision of armaments or 

other eontrolled goods, serviees, or technology to an.Y country the govermnent of 

which is designated as a state sponsor of 

terrorism; ancl 
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1 (B) such act constitutes support for inter2 national terrorism. 

3 (2) DETEHMIKATIO~ OR .JrSTIFICATION.-If 

4 the Seeretary of State finds that the Government of 

5 North Korea, ineluding any agents or instrumeutal6 ities of the Government of ='Jorth Korea, directly or 

7 indire('tly, <~ommitted, e.onspired to ('omrnit, at8 tempted, aided, or abetted any act desc1·ibed iu 

9 elause (i) or (ii) of paragntph (1 )(A) and such aet 

10 constitutes support for interuatioual terrorism under 

11 paragraph (l)(B), the Secretary shall make a deter12 rnination of whether, based on the information in the 

13 report and all other relevant sources, the Govern14 ment of North Korea meets the criteria for designa15 tion as a state spom;or or terrorism, and in the 

16 event the Secretary does not decide to designate the 

17 Government of North Korea a state sponsor of ter18 rorism, the Secretary shall provide a detailed jus19 tification for why the Government of North Korea 

20 should not be deNignated a state sponsor of ter21 ronsm. 

22 (d) Fomvr.-The report required by subseetion (c)(l) 

23 shall be submitted in uuclassified form, but may include 

24 a classified annex, if appropriate. 
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11 

SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CXl~CmESSTONATj COi\if:\fTT4 TEE~t-The term "appropri<tte (~ongressional eorn5 mittees'' means6 (A) the Committee on Foreign Rdntions of 

7 the Senate; and 

8 (B) the Committee on Foreign Affairs of 

9 the House of Representatives. 

10 (2) FOREIGN TERRORIST ORGANIZATIOK.-The 

ll term "foreig11 terrorist organi7.ation" means an or12 ganization designated by the Secretary of State as a 

13 foreign terroriRt organization under section 219 of 

14 the Immigration and Nationality Aet (R U.S.C. 

15 1189). 

16 (3) NORTH KOREA.-The term "Korth Korea" 

17 means the Democratic People's Republic of Korea. 

18 (!1) STATE SPONSOR OF TERRORISM.-The term 

19 "state sponsor of terrorism'' means a <~ountiy the 

20 government of which the Secretmy of State has de21 termined, for purposes of section 6 (i) of the EJ.qxn·t 

22 ~\._drninistration Act of 1979 (50 U.S.C. 4605(j)) (as 

23 in effect pursuant to the International Emergency 

24 Economic Powers Act), section 620A of the Foreign 

25 ~\.ssistance Act of 19(11 (22 U.S.C. 2371), sectiou 40 

26 of the Arms Export Control Act (22 r.S.C. 2780), 
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12 

1 or any other provision of law, 1s a government that 

2 has n~peatedly provided support for ads of inter3 national terrorism. 

',__) 
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24833p-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 479 

OFFERED BY MR. POE OF TEXAS 

Strike all after the enacting clause and insert the 

follmving: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "North Korea State 

3 Sponsor of Terrorism Designation Act of 2017". 

4 SEC. 2. REPORT ON DESIGNATION OF GOVERNMENT OF 

5 NORTH KOREA AS A STATE SPONSOR OF TER· 

6 RORISM. 

7 (a) FIKDINGS.-CongTess finds the follmving: 

8 (1) The United States Government designated 

9 the Government of North Korea a state sponsor of 

10 terrorism on January 20, 1988. 

11 (2) On October 11, 2008, "\forth Korea's des12 ignation as a state sponsor of terrorism was rc13 scincled, follmving commitments by the Government 

14 of North Korea to dismantle its nudear weapons 

15 progTam. However, North Korea has failed to live up 

16 to these commitments. 

17 (3) On October 22, 2015, the United States 

18 Special Representative for "\forth Korea Poliey with 
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2 

the Department of State, testified before the House 

2 Foreign Affairs Subcommittee on Terrorism, Kon3 proliferation, aml Tra!le that Nodh Korea's "eon4 duct poses a growing threat to the C nited States, 

5 our friends in the region, and the global non6 proliferation regime" and the Deputy Coordinator 

7 for Homeland Security, Screening, and Designations 

8 >vith the U.S. Department of State noted that 

9 "weapons transfers that violate nonproliferation or 

10 missile control regimes could be a relevant factor for 

11 consideration, depending on the circumstances, con12 sistent \vith the statutory criteria for designation as 

13 a state sponsor of terrorism". 

14 ( 4) The Government of North Korea has har15 bored members of the .Japanese Red Army sinee a 

16 1970 h~jacking and continues to harbor the sur17 viving hijackers to this day. 

18 (5) On July 16, 2010, in the case of Calderon19 Cardona v. Democratic People's Republic of Korea 

20 (ease number 08-01367), the United States Distriet 

21 Court for the Distriet of Puerto Rico found that the 

22 Government of :\!" orth Korea provided material sup23 port to the Japanese Red ~\rmy, designated as a for24 eign terrorist organization between 1997 and 2001, 

25 in furtherance of a 1972 terrorist attack at Lod Air-
85


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8 

port, Israel that kille!l 26 people, im~luding 17 

2 Americans. 

3 (6) In the ease of Chaim Kaplan v. Hezbollah 

4 (case number 09-646), a United States district 

5 court found in 2014 that North Korea materially 

6 supported terrorist attacks by Hc11bollah, a des7 ignated foreign terrorist organization, against Israel 

8 in 2006. 

9 (7) In June 2010, Major Kim Myong-ho and 

10 Major Dong Yfyong-gwan of North Korea's Recon11 naissance General Bureau pled guilty iu a South Ko12 rean court to attempting to assassinate Hwang 

13 ,Jang-yop, a North Korean dissident in exile, on the 

14 orders of Lieutenant General IGm Yong-chol, the 

15 head of North Korea's Re(~onnaissanee General Bu16 reau. The court sentenced each dcfeudant to 10 

17 years in prison. 

18 (8) ln Ylarch 2015, the Govermncnt of South 

19 Korea concluded that North Korea was responsible 

20 for a December 2014 cyber attack against multiple 

21 nuclear power plants in South Korea. The South 

22 Korean Government stated that the attacks were in23 tcuded to cause a malfunction at the plants' rcac24 tors, and described the attacks as acts of "cyber-ter25 ror targeting our country". 
86


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4 

(9) On Deeemher 19, 2015, the Federal Bureau 

2 of Investigation (FBI) concluded that North Korea 

3 was responsible for a eyher attaek on Sony Pietures 

4 Entertainment and a subsequent threat of violence 

5 against theaters that showed the film "The Tnter6 view". The l<'Bl concluded that the "Guardians of 

7 Peace", which sent the threat to Sony Pictures En8 tertainrnent, was a unit of North Korea's Reeonnais9 sance General Bureau, its foreign intelligence serv10 1ce. 

11 (10) Malaysian authorities have alleged that of12 ficials from Korth Korea's secret police and Foreign 

13 Ministry were involve!l in the poisoning aml killing 

14 of the estranged half-brother of the country's leader, 

15 Kim .Tong-mun, using the (~hernieal weapon VA 

16 nerve agent, a substance banned for usc as a weapon 

17 by the United Nations Chemical "Weapons Conven18 tion, on l<'cbruary 13, 2017, in Kuala Lumpur. 

19 (b) SE~SE OF CONGRESS.-It is the sense of the 

20 Congress that the Government of North Korea likely 

21 meets the criteria for designation as a state sponsor of 

22 terrorism and, if so should be so designated. 

23 (c) DE'l'ERlVllNA'l'lOl'\.-Kot later than 90 days after 

24 the date of the enactment of this Act, the Secretary of 

25 State shall submit to the appropriate congressional com-
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5 

mittees a determination as to whether the Government of 

2 North Korea meets the criteria for designation as a state 

3 sponsor of terrorism. 

4 (d) l<'ORJVL-'l'he determination required by sub5 section (c) shall be submitted in unclassified form, but 

6 may iuclude a classified annex, if appropriate. 

7 SEC. 3. DEFINITIONS. 

8 In this Ad: 

9 ( 1) APPROPRIATE CO~GRESSIONAL COJVDIIT-

] 0 TEES.-The term "appropriate congressional com11 mittees" means12 (A) the Committee on Foreign Relations of 

13 the Senate; aml 

14 (B) the Committee on Foreign Affairs of 

15 the House of Representatives. 

16 (2) NORTH KOREA.-'l'he term "North Korea" 

17 means the Government of the Democratic People's 

18 Republic of Korea. 

19 (3) STATE SPONSOR OF TERRORISM.-The term 

20 "state sponsor of terrorism" means a country the 

21 government of which the Secretary of State has de22 terminecl, for purposes of section 6 (j) of the EJqxn·t 

23 Administratiou Act of 1979 (50 U.S.C. 4605(j)) (as 

24 in effect pursuant to the International Emergency 

25 Economic Powers Act), section 620A of the Foreign 
88


24833p-6.eps

6 

Assistanee Ad, of 1961 (22 U.S.C. 2:171), se(~tion 40 

2 of the ~~rms Export Control Act (22 r.S.C. 2780), 

3 or any other provision of law, is a government that 

4 has repeatedly provided support for acts of iuter5 national terrorism. 
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24833q-1.eps

115TH CONGW<JSS 

1ST SESSIOK H. R. 672 

To require continued and enhanced ammal reporting to Congress in the 

Annual Heport on International Helig1ous Freedom on anti-Semitic incidL•nts in Europe, tl1e saf<'ty and sr~urity of l~uropcan .J ""~sh communitief<, and tlw effort~ of the 1: nited State~ to partner with European 

governments, lhe European l:niou, and civil society groups, to combat 

anti-Semitism, and for other pltrposes. 

11\ THE HOUSE OP HEPl:tJ:1JSE~TATlVES 

.JANUARY 24, 2017 

:\Trs. Lovvt<JY (for lwrsrlf, Ms. RoR-LRH'T'TNR~, Mr. Dtcn'T'CH, Mr. RoRKAM, 

:Mr. SMITH of Nevv· .Ter~ey, }Ir. E~GEL, and 1\:If:. (}RA.'IGER) intnHIUloed 

the following bill; which was referred to the Committee on Foreign AIfair~ 

A BILL 

To require continued and enhanced annual reporting to Congress in the Annual R.eport on International Heligious 

l1'reedom on auti-Semitic incidents in Europe, the safety 

and security of European ,J ew:ish communities, and the 

efforts of the United States to partner with European 

governments, the Europeau Union, and civil soeiety 

gToups, to combat anti-Semitism, and for other purposes. 

Re it enacted by the 8enate and House of ReJYresenta2 tirf:s (!f'the United States 
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2 

SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "Combating European 

3 Anti-Semitism Act of 2017". 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) During the past deeade, there has heen a 

7 steady increase in auti-Semitic incideuts in Europe, 

8 resulting in European Jews being the targets of 

9 physical aud verbal harassment and even lethal tcr10 rorist attacks, all of which has eroded personal and 

11 communal security and the quality of daily .Je1vish 

12 life. 

13 (2) According to reporting by the European 

14 Union Ageney for Fundamental Rights (FP\J~), be15 tween 2005 and 2014, anti-Semitic incidents m16 creased in France from 508 to 851: in Germany 

17 from 60 to 173: in Belgium from 58 to 130; in Italy 

18 from 49 to 86: and in the United Kingdom from 459 

19 to 1,168. 

20 ( 3) Anti-Zionism has at times devolved into 

21 anti-Semitic attacks, prompting condemnation from 

22 many European lcadcr:s, induding French Prime 

23 Minister Manuel Valls, British Prime Minister Dav-id 

24 Cameron, and German Chaneellor Angela Merkel. 

25 ( 4) Since 2010, the Dcpalimcnt of State has 

26 adhered to the working definition of Anti-Semitism 
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24833q-3.eps

q 

•J 

1 by the European Monitoring Center on Racism and 

2 Xenophobia (ErMC). Some (~ontemporary exampleN 

3 of anti-Semitism include the follcnving: 

4 (A) Calling for, aiding, or justifying the 

5 killing or harming of Jews (often in the name 

6 of a radical ideology or an extremist view of re7 ligion). 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

(B) Making mendacious, dehumanizing, 

demoni;~ing, or stereot.n•ical allegations about 

,Jews as such, or the power of Jews as a collective, especially, but not exclusively, the myth 

about a worhl .Tewish (~onspinwy or of ,TewN 

controlling the media, economy, government, or 

other societal institutions. 

(C) Accusing Jews as a people of being responsible for real or imagined vvrongcloing committed by a single ,Jew"ish person or group, the 

State of lsmel, or even for acts committed by 

non-.J ews. 

(D) Ae(msing the .Tews as a people, or 

Israel as a state, of inventing or exaggerating 

the Holocaust. 

(E) Accusing Jewish citizens of being more 

loyal to Israel, or to the alleged priorities of 
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4 

1 ,Jews world,v:ide, than to the interest of their 

2 UWil eountries. 

3 (5) On October 16, 200"l, the President signed 

4 into law the Global Anti-Semitism Review Aet of 

5 2004. 'l'his law provides the legal foundation for a 

6 reporting requirement provided by the Department 

7 of State annually on anti-Semitism around the 

8 world. 

9 (6) In Kovember 2015, the House of Rep10 resentatives passed H. Res. 354 by a vote of 418-

11 0, urging the Secretary of State to eontinue robust 

12 Unite!l States reporting on anti-Semitism by the De13 partment of State and the Speeial Envoy to Combat 

14 and Monitor t\nti-Semitism. 

15 (7) In 2016, the International Holoeaust Re16 membrance AUianee (IHRA), comprised of 31 mem17 ber countries, adopted a working definition of anti18 Semitism whieh stated: "1\uti-Semitism is a eertain 

19 perception of ,Jews, whieh may be expressed as ha20 tred tm'.'ard ,Jews. Rhetorieal and physieal mani21 festations of anti-Semitism are directed toward Jew22 ish or non-,Jewish imlividuals and/or their property, 

23 toward Jewish community institutions and religious 

24 faeilities.". 
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5 

1 (8) The IHRA further clarified that manifesta2 tions of anti-Semitism might also target the State of 

3 Israel, conceived of as a Jewish colleetivity. Anti4 Semitism frequently charges ,Jews vvith eonspiring to 

5 harm humanity, and it is often used to blame Jews 

6 for "why things go vvrong". It is e11c-pressed in 

7 speed1, \\Titing, visual forms, <tml aetion, and ern8 ploys sinister stereotypes and negative eharacter 

9 traits. 

10 SEC. 3. SENSE OF CONGRESS. 

11 It is the sense of Congress that12 (1) it is in the national interest of the rnitea 

13 States to eombat anti-Semitism at home and abroad; 

14 (2) anti-Semitism is a ehallenge to the basie 

15 principles of tolerance, pluralism, and democraey, 

16 and the shared values that bind Americans and Eu17 ropeans together; 

18 ( 3) there is au urgent need to ensure the safety 

19 and seeurity of European ,Jewish eommunities, in20 d1Hling synagogues, sd10ols, (;emeteries, and other 

21 institutions; 

22 the United States should continue to em23 phasi~e the importanee of eombatiug auti-Semitism 

24 in multilateral bodies, including the rnited Nations, 
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24833q-6.eps

6 

1 European Union institutions, and the Organization 

2 for Seenrity and Cooperation in Europe; 

3 ( 5) the Department of State should continue to 

4 thoroughly document acts of anti-Semitism :mel anti5 Semitic incitement that occur around the world, aml 

6 should continue to encourage other countries to do 

7 the same, and share their fimlings; and 

8 (6) the Department of State should coutinue to 

9 work to encourage adoption by national government 

10 institutions and multilateral iustitutions of a work11 ing definition of anti-Semitism similar to the one 

12 adopted in the International Holo(~~mst Remern13 brance Alliance context. 

14 SEC. 4. ANNUAL REPORTING ON THE STATE OF ANTI-SEMI15 TISM IN EUROPE. 

16 Paragraph (1) of section 102(b) of the International 

17 Religions Freedom Act of 1998 (22 U.S.C. 6412) is 

18 amended by adding at the end the following uew subpara19 

20 

21 

22 

23 

24 

25 

graph: 

"(G) A~TI-8E.MITI8lVI IN ETTROPE.-In addition to the information required under clause 

(iv) of subparagraph (A), with respect to each 

European country in which verbal or physical 

threats or attacks are particularly significant 

against ,J E'\Vi sh persons, pl aees of ·worship, 
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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

7 

schools, cemeteries, and other religious institutions, a de~cription of-

"(i) the security challenges and needs 

of European ,Jew-ish communities and European law enforcement agencies iu such 

countries to better protect such communitil~s; 

"(ii) to the exteut practicable, the efforts of the rnited States Government 

over the reporting period to partner with 

European law enforcement agencies and 

(~ivil ~oeiet.y groups reganling the ~haring 

of information and best practices to cornhat anti-Semitic incidents in Europe; 

"(iii) European educational programming and public awareness initiatives that 

aim to collaborate on eclucational curricula 

and campaigns that impart shared values 

of pluralism m1d tolerance, and showcase 

the positive (;ontrihutions of ,Jew~ in (•ulture, scholarship, and art, with 

special attention to those segments of the 

population that exhibit a high degree of 

anti-Semitic animus; and 
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1 

2 

3 

8 

"(iv) efforts by European government:,; to adopt and apply a working definition of anti-Semitism.". 
97


24833r.eps

AMENDMENT TO H.R. 672 

OFFERED BY Ms. ROS-LEHTINEN OF FLORIDA 

Page 6, beginning on line 21, ~trike "dau~e (iv) of 

subparagraph (A)" and insert "clause (vii) of subparagntph (A)". 
98


24833t-1.eps

115TU COXGRESS H R 

1ST SESSIO:\' II 8 

(Ol'iginnl Signature of :llcmbor) 

To enhnnce sanctions 11ilh r<>spect to transadiow; relating to North Korea, 

and for othc1· purposes. 

IN THE HOUSE OF REPRESEN'l'ATIVES 

i\Ir. RoYcE of California (for himself, i.\Ir, ENGEL, l\Ir. Yono, and l\Ir. S!IEllliLL';} intrmluccu lhc following bill; which was referred to the Committee 

A BILL 

To enhance sanctions "ith respect to transactions relating 

to North Korea, aud for other purposes. 

1 Be it euacted lm the Se11ate and Hause of Rez;resenta2 tives aftht United States qf"ilmm·ica ·in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 'l'his Act ma;r ue cited as the ''Koreau Interdiction 

5 and Modernization of Sanctions Act''. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

See. 1. Short title. 

See. 2. Table of contents. 
99


24833t-2.eps

2 

See. 3. Definitions. 

TITLE I-SANCTIONS TO ENFORCE AKD IMPLEME:.JT UNITED NATIOKS SECURITY COUKCIL SANCTIONS AGAINST :.JORTH KOREA 

Sec. 

8ee. 

See. 

See. 

See. 

See. 

:C:ke. 

:C:ke. 

101. 

1m. 

1 o:3. 

104. 

1 0;). 

106. 

107. 

lOR. 

Modification and expansion of requirements for the designation of 

persons. 

Br·ieflng on measur·es to deny speeiali;~,ed f'inaneial messaging services 

to desig11atecl North Korean financial institutions. 

Prohibition on inclireet. eorresponclent accounts. 

Limitatim1s on foreig11 assistanee to noncmnplim1t guvennnents. 

Amendments tn enhance inspection authorities. 

R11forcing cmnplia11Ce with lTnited Katim1s shippi11g sanctions agai11st 

North Korr:a.. 

Report on eoop0ra.tion b0twe0n North Kor0a. a.ncl Iran. 

Report on implementation of United Nations Sr:cnrity Couneil rt'snlntions hy otlwr gov0rnmc:nts. 

TITLE 11-SA.'JCTIO:.JS WITH RESPECT TO HUJYIA..'J RIGHTS 

ABUSES BY THE GOVERl\1\ffi:.JT OF NORTH KOREA 

Sec. 201. Sanctions for forced labor and slavery overseas of North Koreans. 

Sec. 202. Modifications to sanctions suspension and waiver authorities. 

Sec. 20:3. Reward for informants. 

Sec. 204. Report on designation of North Korea as a state sponsor of terrorisrn. 

TITLE III-GENERAL AUTHORITIES 

See. 301. Authority to consolidate reports. 

See. 302. Rule of eonstruetion. 

See. 303. Regulatory authority. 

Sec. :304. Limitation on funds. 

SEC. 3. DEFINITIONS. 

2 (a) .AlVLI£ND~\11£N'l'S TO DJ<;I<'lNl'l'lONS lN 'l'HJ<; NORTH 

3 KORRA SANCTIONS AND POLICY ENTTAKCK\fENT ACT OF 

4 2016.-

5 ( 1) APPLICABLE EXECUTIVE ORDER.-Section 

6 :1(1)(A) of the North Korea Sam~tions and Poli(~y 

7 Enhancement Act of 2016 (22 U.S. C. 9202(1)(A)) 

8 1s amended9 (A) by strikiug "or Executive Order 

10 1:3694" and inserting ''Executive Order 

11 1:1694": and 
100


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8 

(B) hy in~ert.ing "or Exeeutive Order 

2 1:3722 (50 U.S.C. 1701 note; relating to block3 ing the property of the Government of )Jorth 

4 Korea and the Workers' Party of Korea, aud 

5 Prohibiting Certain Transactions With Respect 

6 to .:.Jorth Korea)," before "to the extent". 

7 (2) APPLICABLE UNITED NATIONS SECl~RITY 

8 COUNCIL RESOLUTIO~.-Seetion :l(2)(A) of the 

9 North Korea Sanctions and Policy Enhancement Act 

10 of 2016 (22 U.S.C. 9202(2)(A)) is amended by 

11 striking "or 2094 (2013)" and inserting ", 2094 

12 (201:3), 2270 (201 G), or 2:321 (2016)". 

13 (8) FOREIGK PERSO~.-Sedion ;) of the )Jorth 

14 Korea Sanctions and Policy Enhancement Act of 

15 2016 (22 U.S.C. 9202) i~ amended16 (A) by redesignating paragraphs ( 5) 

17 through (14) as paragraphs (6) through (15), 

18 respecti vcly; and 

19 (B) by inserting after paragraph ( 4) the 

20 folloV\~ng new paragraph: 

21 "(5) FOREIG~ PERSON.-The term 'foreign per22 son' means23 "(A) an individual who is not a L'rrited 

24 States citizen or an alien lavvfully admitted for 

25 permanent residence to the United States; or 
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4 

"(B) an entity that is not a United States 

2 person.". 

3 (4) LUXURY (}00D8.-ParagTaph (9) of seetion 

4 3 of the North Korea Sanctions and Policy Bn5 hancement Act of 2016 (22 U.S.C. 9202), as redes6 ignated by paragraph ( 3), is amended7 (A) in subparagraph (A), by striking 

8 "and" at the end; 

9 (B) in subparagraph (B), by striking the 

10 period at the end and inserting"; and"; and 

11 (C) by adding at the end the following new 

12 subparagraph: 

13 "(C) also indmles any items so designated 

14 under an applicable United Nations Security 

15 Couneil resolution.". 

16 (5) NORTH l\.DJ:U£A_'\f PERSON.-Section 3 of the 

17 North Korea Sanctions and Policy Enhancement Act 

18 of 2016 (22 U.S.C. 9202), as amended by para19 graph (:3), is further amended20 (A) by redesignating paragraphs (13) 

21 through (15) as paragraphs (14) through (16), 

22 respectively; and 

23 (B) by inserting after paragraph (12) the 

24 follovving new paragraph: 
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5 

"(18) KORTH KOREAN PERSOK.-The term 

2 'North Korean person' means3 "(A) a Korth Korean (~itizen or national; 

4 or 

5 "(D) an entity ovvned or eontrolled by the 

6 Government of Korth Korea or by a .:.J orth Ko7 rean eitizen or national.". 

8 (h) DEFINITIONS FOR PrRPOSES OF THIS ACT.-In 

9 this Aet: 

10 (1) APPT,TCATILE TTNTTED NATTONS SECDUTY 

11 COUNCIL RJ<;SOLU'l'lO~; LUXURY GOODS.-The terms 

12 "applieable United Nations Seeurity Council resolu13 tion" aml "luxury goods" have the meanings given 

14 those terms, respeetively, in section 3 of the .:.J orth 

15 Korea San(~tions and Poliey Enhaneement Aet of 

16 2016 (22 U.S.C. 9202), as amended by subsection 

17 (a). 

18 (2) "APPROPRIATE CO~GRJ<;SSlONAL COlVL\11'1'-

19 TEES; GOVERNMENT OF KORTH KOREA; l~~ITED 

20 STATES PER.SO~.-The terms "appropriate eongTes21 sional committees", "Government of Korth Korea", 

22 and "United States person" have the meanings 

23 given those terms, respectively, in section 3 of the 

24 North Korea Sanctions and Policy Enhancement Act 

25 of 2016 (22 U.S.C. 9202). 
103


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6 

(8) FOREIGK PERSO~; KORTH KOREA_.'l' PER2 80~.-The terms "foreign person" and "North Ko3 rean person" have the meanings given those terms, 

4 respectively, in paragraph (5) aud paragTaph (13) of 

5 section 3 of the Korth Korea Sanctions and Policy 

6 Enhaucement Act of 2016 (22 U.S.C. 9202(5) aud 

7 9202(1:3)), as added by subsection (a). 

8 ( 4) PROHIBITED WEAPO~S PROGRAlVI.-The 

9 term "prohibited weapons program" means10 (A) any progTam related to the develop11 ment of nuclear, chemical, or biological weap12 ons, and their means of delivery, including bal13 listie missiles: and 

14 (B) any program to develop any related 

15 

16 

materials \vith resped to a program deseribed 

in subparagraph (A). 

17 TITLE I-SANCTIONS TO ENIMPLEMENT 

SECURITY 

18 FORCE AND 

19 UNITED NATIONS 

20 COUNCIL SANCTIONS 

21 AGAINST NORTH KOREA 

22 SEC. 101. MODIFICATION AND EXPANSION OF REQUIRE23 MENTS FOR THE DESIGNATION OF PERSONS. 

24 (a) EXPLL'JSION OF lYLWDATORY DESIGKATIO~S.-

25 Section 1 04(a) of the North Korea Sanctions and Policy 
104


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7 

Enhan(~ernent A(~t of 2016 (22 1~.S.C. 9214(a)) is arnend2 ed3 (1) m paragTaph (9), by striking "or" at the 

4 eud; 

5 (2) by redesignating paragraph (1 0) as para6 graph (15); 

7 (:3) by inserting after paragraph (9) the fol8 lo\ving new paragn1.phs: 

9 " ( 10) knowingly, directly or indirectly, purl 0 chases or otherwise acquires from North Korea any 

11 significaut amounts of gold, titanium ore, vanadium 

12 ore, copper, silver, nickel, 11inc, or rare earth min13 erals: 

14 "(11) knowingly, directly or indirectly, sells or 

15 transfers to North Korea any signifi(~ant amounts of 

16 rocket, aviation, or jet fuel (except for usc by a civil17 ian passenger aircraft outside North Korea, exclu18 sivcly for cousumption during its flight to .:.Jorth 

19 Korea or its return flight); 

20 "(12) knov.ingly, directly or indirectly, provides 

21 fuel, supplies, or bunkering services to, or facilitates 

22 any significant transactions involving, a vessel or 

23 aircraft that is dcsiguatcd under an applicable Excc24 utive order or an applicable United Nations Security 

25 Council resolution, or that is owned or controlled by 
105


24833t-8.eps

a pen.;on !lesignated under an applieahle Executive 

2 order or applicable United Nations Security Council 

3 resolution; 

4 "(13) knowingly, directly or indirectly, insures, 

5 registers, facilitates the registration of, or maintains 

6 msurancc or a registration for, a vessel owned or 

7 controlled by the Government of North Korea, ex8 eept as specifieally approved by the United Nations 

9 Security Council; 

10 "(14) knmvingly, directly or indirectly, mam11 tains a correspondent account (as defined in section 

12 201A(d)(l)) "'~th any North Korem1 financial insti13 tution, except as spe(~ifieally approved by the 1~nited 

14 Nations Security Council; or"; and 

15 (4) in paragTaph (15), as so redesignated, by 

16 striking " ( 9 ) " and inserting " ( 14)" . 

17 (b) EXP ANSIO~ OF ADDITIONAL DISCRETIONARY 

18 DJ£81GNA'l'IOI\S.-Scction 104(b)(1) of the North Korea 

19 Sanctions and Policy Enhancement Act of 2016 (22 

20 U.S.C. 9214(b)(l )) is amencled21 ( 1) in subparagraph (A), by striking "pursuant 

22 to an applicable rnited Nations Security Council 

23 resolution;" and inserting the following: ''pursuant 

24 to-
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2 

3 

4 

5 

9 

"(i) an applieable United Kation~ Security Council resolution; 

"(ii) any regulation promulgate!l 

under section 404; or 

"(iii) any applicable Executive 

6 order;"; 

7 (2) in subparagraph (B)(iii), by striking "or" at 

8 the eml; 

9 (3) in subparagraph (C), by striking the period 

10 at the end and inserting a semicolon; and 

11 ( 4) by adding at the end the following new sub12 paragTaphs: 

13 "(D) knowingly, direetly or imliredly, pur14 chased or otherwise acquired from the GovernIS rnent of North Korea any eoal, iron, or iron ore, 

16 in excess of the limitations provided in applica17 ble United Kations Security Council resolutions; 

18 "(E) knowingly, directly or indirectly, pur19 chased or othenvise acquired significant types 

20 or amounts of te"Xiiles from the Government of 

21 Korth Korea; 

22 "(F) knowingly facilitated any transfer of 

23 funds or property of the Govermnent of :\1" orth 

24 Korea that significantly contributes to any v>o-
107


24833t-10.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

10 

lation of an appli(~able 1~nited Kational Seeurity 

Council resolution; 

"(G) knowingly, (liredly or indireetly, facilitated a sig·nificant transfer to or from the 

Government of North Korea of bulk cash, precious metals, gemstones, or other stores of 

value not described under subsection (a) ( 10); 

"(H) knowingly, dire(~tly or indireetly, ~old, 

transferred, or othenvise provided significant 

amounts of crude oil, condensates, refined petroleum, or other types of petroleum or petroleum h:nwoducts to the Government of "\forth 

Korea ( exeept for heavy fuel oil for humanitarian use or as excepted under subsection 

(a)(ll)); 

"(l) knowingly, directly or indirectly, engaged in, facilitated, or was responsible for the 

online commercial activities of the Govermnent 

of Korth Korea, including online gambling; 

"(,J) knov.~ngly, directly or indirectly, purchased or othenvise acquired fishing rights 

from the Government of Korth Korea; 

"(K) knowingly, directly or indirectly, provided signifieant telephonic., telegraphic., teleeommunieations or other data serviees, in whole 
108


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2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

11 

or in part, into or out of )Jorth Korea, in exeess 

of services needed for humanitarian or diplomatie purposes (other than servi(~es that are excepted under section 203 (b) ( 1) of the luternational Emergency Economic Powers Act (50 

U.S.C. 1702(b)(l))); 

"(L) knowingly, directly or indirectly, purehased or othenvise ae(plired signifi(~ant t)1les 

or amounts of food or agricultural products 

from the Government of Korth Korea; 

"(Sl) kuowiugly, directly or indirectly, engaged in, facilitated, or was responsible for the 

e},.1lortation of workers from North Korea in a 

manner intended to generate revenue, directly 

or imliredly, for use hy the Government of 

Korth Korea or by the Workers' Party of 

Korea; 

"(N) knowingly operated in Korth Korea's 

transportation, mining, energy, or financial 

services industries; or 

" ( 0) except as specifically approved by the 

United K ations Security Council, and other 

thau through a correspoudeut account as described in subsection (a) ( 14), knovvingly facilitated the operation of any branch, subsidiary, 
109


24833t-12.eps

12 

2 

or offiee of a Korth Korean finam~ial institution.". 

3 (e) lVlANDATORY AND DISCRETIONARY ASSET 

4 BLOCKL\fG.-Section 104(e) of the North Korea Sanctions 

5 and Policy Enhancement Act of 2016 (22 U.S.C. 9214(c)) 

6 is amended7 (1) by striking "of a designated person" and in8 serting "of a person designated under subseetion 

9 (a)"; 

10 (2) by striking "The President" and inserting 

11 the following: 

12 "(1) lVfAKDATORY ASSET m,OCKTNG.-The 

13 President": and 

14 ( 3) by adding at the end the follmving new 

15 paragraph: 

16 "(2) DlSCRE'l'lO.\fARY ASSET BLOCKlNG.-'l'he 

17 President may also exereise sueh powers, in the 

18 same manner and to the same extent described in 

19 paragraph ( 1), ~with respeet to a person designated 

20 under subsection (b).". 

21 (d) DESIGNATION OF ADDITIO:\f"AL PERSONS.-

22 (1) IK GENERAL.-Not later than 180 clays 

23 after the date of the enaetment of this Act, the 

24 President shall submit to the appropriate cmlgres25 sional committees a report ineluding a determination 
110


24833t-13.eps

18 

as to whether reasonable gTounds exist, and an ex2 planation of the reasons for any determination that 

3 sueh gTonnds do not exist, to designate, pursuant to 

4 section 104 of the ~orth Korea Sanctions and Policy 

5 Enhancement Act of 2016 (22 U.S.C. 9214), as 

6 amended by this section, each of the following: 

7 (A) The Korea Shipovvners' Protection and 

8 Imlemnity Assoeiation, a North Korean insur9 ance company, with respect to facilitating im1 0 ports, eJq)orts, and reeJq)Orts of arms and re11 lated materiel to and from Korth Korea, or for 

12 other activities prohibited by such section 104. 

13 (B) Chinpo Shipping Company (Private) 

14 Limited, a Singapore coqJoration, with respect 

15 to faeilitating imports, exports, aml ree},.1Jorts of 

16 arms and related materiel to and from ~orth 

17 Korea. 

18 (C) The Central Bauk of the Democratic 

19 People's Republic. of Korea, with respect to the 

20 sale of gold to, the receipt of gold from, or the 

21 import or export of gold by the Government of 

22 Korth Korea. 

23 (D) Kumgang Eeonomic Development Cor24 poration (KEG), with respect to being an entity 
111


24833t-14.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

14 

eontrolled by Bureau 8 9 of the \Vorkers' Part,y 

of the Government of North Korea. 

(E) Sam Pa, also known as Xu ,Jinghua, 

aud auy eutities owned or controlled by Sam 

Pa, \vith respect to transactions \vith KKG. 

(11') The Chamber of Commerce of the 

Democratic People's Republic. of Korea, with respeet to the exportation of workers in violation 

of seetion 104(a)(5) or of seetion 104(b)(1)(M) 

of sueh Aet, as amended by subseetion (b) of 

this seetion. 

(2) FOK\L-The report submitted under para13 gn1ph (1) may (~ontain a dassified annex. 

14 SEC. 102. BRIEFING ON MEASURES TO DENY SPECIALIZED 

15 

16 

17 

FINANCIAL MESSAGING SERVICES TO DESIGNATED NORTH KOREAN FINANCIAL INSTITUTIONS. 

18 Seetiou 201 of the .:.Jorth Korea Sanetions and Policy 

19 Enhaneement Aet of 2016 (22 U.S.C. 9221) is amended 

20 by adding at the end the follov.~ng new subseetion: 

21 "(d) BRIEFI~G.-

22 "(1) I~ GENERAL.-Not later than 180 clays 

23 after the date of the enactmeut of this subsection, 

24 and every 180 clays thereafter for 5 years, the Presi25 dent shall provide to the appropriate eongressional 
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15 

eommittees a briefing that indudes the following in2 formation: 

3 "(A) A list of ee:wh person or foreign gov4 ennnent the President has identified that di5 rectly prov-ides specialized financial messaging 

6 services to, or enables or facilitates direct or in7 direct access to such messaging services for, 

8 any North Korean finaneial institution !les9 ignated under an applicable U nitecl Nations Se1 0 eurity Council resolution. 

11 "(B) A detailed assessment of the status of 

12 efforts by the Secretary of the Treasury to work 

13 with the relevant authorities in the home juris14 dictions of sueh speeialized finaneial messaging 

15 providers to end sud1 provision or aeeess. 

16 "(2) 11'0RM.-'l'he briefing required under this 

17 subseetion may be elassified.''. 

18 SEC. 103. PROHIBITION ON INDIRECT CORRESPONDENT 

19 ACCOUNTS. 

20 (a) TN GENRTI.Ah-Title IT of the "\forth Korea Sanc21 tions and Poliey Enhaneement Aet of 2016 (22 U.S.C. 

22 9221 et seq.) is amended by inserting after section 201 

23 (as amended by section 102 of this Act) the following new 

24 seetion: 
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16 

1 "SEC. 201A. PROHIBITION ON INDIRECT CORRESPONDENT 

2 ACCOUNTS. 

3 "(a) lN GJ£NJ£RAL.-Except as provided in subsection 

4 (b), if a rnited States financial institution has or obtains 

5 knowledge that a correspondent account established, 

6 maintained, administered, or managed by that institution 

7 for a foreign finan(~ial institution is being used hy the for8 eign financial institution to provide financial services indi9 rectly to any person, foreign government, or financial in10 stitution designated under section 104, the United States 

11 financial institution shall ensure that such correspondent 

12 account is no longer used to provide such services. 

13 "(b) EXCEPTION.-A rnited States financial institu14 tion is authori;~ed to process transfers of funds to or from 

15 North Korea, or for the direct or indirect benefit of any 

16 person, foreign government, or financial institution that 

17 is designated under se(~tion 104, only if the transferIS " ( 1 ) arises from, and is ordinarily incident and 

19 necessary to give effect to, an underly'ing transaction 

20 that has been authorized by a specific or general li21 cense issued by the Seeretary of the Treasury; and 

22 " ( 2) does not involve debiting or (~re(liting a 

23 North Korean aceount. 

24 "(e) DRFTNTTTONS.-Tn this seetion: 

25 "(1) CommSPONDEN'l' ACCOUN'l'.-The term 

26 'correspondent aeeount' has the meaning given that 
114


24833t-17.eps

17 

term in 8e(~tion 5:11RA of title :11, United State8 

2 Code. 

3 "(2) 1~NITED STATES FI~ANCIAL INSTITU4 TlON.-'l'he term Tnited States financial institu5 tion' means has the meaning given that term in sec6 tion 510.310 of title 31, Code of !1'ederal Regula7 tions, as in effect on the elate of the enactment of 

8 thi8 8edion. 

9 "(3) FOREIGN FIK~'JCIAL INSTITUTIOK.-The 

10 term 'foreign financial institution' lms the meaning 

11 given that term in section 1010.605 of title 31, Code 

12 of Federal Reg11lations, as in effect on the date of 

13 the emwtrnent of thi8 seetion.". 

14 (b) CLERICAL AlVIENDMENT.-The table of contents 

15 for the Korth Korea Sandion8 and Poliey Enhan(~ernent 

16 Act of 2016 is amended by inserting after the item rclat17 ing to section 201 the follmving new item: 

"Stx:. :lOlA. Prohibition on indireet correspondent accounts.". 

18 SEC. 104. LIMITATIONS ON FOREIGN ASSISTANCE TO NON· 

19 COMPLIANT GOVERNMENTS. 

20 Section 20:3 of the :\forth Korea Sanctions and Policy 

21 Enhan(~ernent Aet of 2016 (22 1~.S.C. 922:1) i8 amended22 ( 1) in subsection (b)-

23 

24 

(A) in the heading, by striking "TRANSACTIONS I.:--.r LETH..~ MILITARY EQUIPNill.:--.rT" 
115


24833t-18.eps

18 

and inserting- "TRANSACTIONS I~ DEFENSE 

2 ARTICLES OR DEFENSE SERVICES"; 

3 (B) in paragn1.ph (1), hy striking- "that 

4 provides lethal military equipment to the Gov5 ernment of North Korea" and inserting "that 

6 provides to or receives from the Government of 

7 Korth Korea any defense article or defense 

8 serviee, as sueh terms are defined in sedion 47 

9 of the A.rms E:x'J)ort Control Act (22 U.S.C. 

10 2794)"; and 

11 (C) in paragraph (2), by striking "1 year" 

12 and inserting "2 years"; and 

13 (2) hy adding at the end the following new sub14 section: 

15 "(e) REPORT ON ARMS TRAFFICK!~(} lNvOLv'1NG 

16 NORTH KOREA.-

17 "(1) I~ GENERAL.-Not later than 180 clays 

18 after the date of the enactment of this subsection, 

19 and every 180 days thereafter for 5 years, the Sec20 retary of State shall submit to the appropriate con21 gressional committees a report that specifically cle22 scribes the compliance of foreign countries and other 

23 foreign jurisdictions with curtailing· the trade de24 scribed in subsection (b) ( 1). 
116


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19 

"(2) FORM.-The report required under para2 graph ( 1) shall be submitted in unclassified form but 

3 may eontain a da~~ified annex.". 

4 SEC. 105. AMENDMENTS TO ENHANCE INSPECTION AU5 THORITIES. 

6 Title ll of the North Korea Sauctions and Policy Bn7 hancement Act of 201G (22 U.S.C. 9221 et seq.), as 

8 amended hy ~ed,ion 10:1 of thi~ Ad,, i~ further amended 

9 by striking section 205 and inserting the following: 

] 0 "SEC. 205. ENHANCED INSPECTION AUTHORITIES. 

11 "(a) REPORT REQCIRED.-

12 "(1) T~ GENER.Ah-Not later than 180 clays 

13 after the date of the emwtment of thi~ ~ed.ion, and 

14 annually thereafter for 5 years, the President shall 

15 ~uhmit to the appropriate (~ongre~sional (~ommittee~ 

16 a report17 "(A) identif:ving the operators of foreign 

18 sea ports and airports that have19 "(i) failed to implement or enforce 

20 reg11l ations to inspect any ships, aircraft, 

21 eargo, or conveyances in transit to or from 

22 :\!" orth Korea, as required by applieable 

23 L'nited Katious Seeurity Couucil resolu24 tions: 
117


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2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

20 

''(ii) faeilitated the transfer, transshipment, or conveyance of any cargo, vessels, or ain~raft owned or (~ontrolled hy persons desig·nated under arJplicable Cnited 

"\1" ations Security Council resolutions; or 

"(iii) facilitated any of the activities 

described in section 104(a); 

"(B) deserihing the extent to whid1 the requirements of applicable United Nations Security Council resolutions to de-register any vessel 

owned, controlled, or operated by the Government of Korth Korea have been implemented by 

other foreigTl eountries: 

"(C) describing the compliance of the Islami(~ Repuhlie of Iran \vith the sanetions mandated in applicable U uited Nations Security 

Council resolutions; 

"(D) identi(ving each vessel, aircraft, aud 

conveyance that is mvned or controlled by the 

Reconnaissance General Bureau of the \Yorkers' Party of Korea; and 

"(E) describing the diplomatic and enforcement efforts by the President to secure the 

full implementation of the applicable rnited 
118


24833t-21.eps

21 

K ations Se(mrity Coum~il resolutions, as de2 scribed in subparagraphs (A) through (C). 

3 "(2) FoRJvr.-The report required under para4 graph ( 1) shall be submitted in unclassified form but 

5 may contain a classified annex. 

6 "(b) SPECU'IC 11'I~DINGS.-Each report required 

7 under subsection (a) shall include specific findings with 

8 respe(~t to the following ports and ai11Jorts: 

9 "(1) The ports of Dandong, Dalian, and any 

10 other port in the People's Republic of China that the 

11 President deems appropriate. 

12 "(2) The ports of Abaclan, Banclar-e-Abbas, 

13 Chahahar, Bandar-e-Khorneini, Bushehr Port, 

14 Asaluyeh Port, Kish, Kharg Island, Bandar-e-Lenge, 

15 and Khorramshahr, and Tehran Imam Khomeini 

16 International Airport, in the Islamic Republic of 

17 Iran. 

18 "(3) The ports of Nakhodka, Vanino, and Vlad19 ivostok, in the Russian Federation. 

20 "(4) The ports of TJatakia, Danias, and 

21 Tartous, and Damascus International AiqJort, in the 

22 SyTian ~t\rab Republic. 

23 "(c) El'\l:HNCED SECURITY TARGETING REQUIRE24 :\IE~TS.-
119


24833t-22.eps

22 

"(1) IN cm~EHAL.-Exeept as provided in para2 graph (2), the Secretary of Homeland Security may, 

3 using the Automated Targeting System operated by 

4 the ~ ational Targeting Center of U.S. Customs and 

5 Border Protection, require enhanced screening pro6 cedures to determine whether physical inspections 

7 are warranted of any cargo bound for or landed in 

8 the United States that9 "(A) has been transported through a sea 

10 port or airport the operator of which has been 

11 identified by the President in accordance with 

12 subsection (a)(l) as having repeatedly failed to 

13 eomply with applieable United Nations Seeurity 

14 Council resolutions; 

15 "(B) is aboard a vessel or ain~raft, or with16 m a conveyance that has, within the last 365 

17 days, entered the territory, waters, or airspace 

18 of North Korea, or landed in any of the sea 

19 ports or airports of .:.J orth Korea; or 

20 "(C) is registered by a country or jurisdic21 tion whose compliance has been identified by 

22 the President as deficient pursuant to sub23 section (a)(2). 

24 "(2) EXCEPTION FOR FOOD, :\IEDICINE, AND 

25 TTUMANTTATITAN STTTP:\fR~TS.-Paragraph (1) shall 
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24833t-23.eps

28 

not apply to any vessel, aireraft, or eonveyanee that 

2 has entered the territory, waters, or airspace of 

3 North Korea, or landed in any of the sea ports or 

4 airports of North Korea, exclusively for the purposes 

5 described in section 208(b)(3)(D), or to import food, 

6 medicine, or supplies into Korth Korea to meet the 

7 humanitarian needs of the :\!" orth Korean people. 

8 "(d) SEIZURE AND FORFEITURE.-A vessel, aireraft, 

9 or conveyance used to facilitate any of the activities del 0 seribed in section 1 04( a) under the jurisdiction of the 

11 United States may be seized and forfeited under12 "(1) chapter 4G of title 18, United States Code; 

13 or 

14 "(2) pmt V of title IV of the Tariff Act of 19:30 

15 (19 U.S.C. 1581 et seq.).". 

16 SEC. 106. ENFORCING COMPLIANCE WITH UNITED NATIONS 

17 SHIPPING SANCTIONS AGAINST NORTH 

18 KOREA 

19 (a) IN GENERAL.-The Ports and Waterways Safety 

20 Aet (33 U.S.C. 1221 et seq.) is amended by adding at 

21 the end the follcnving new section: 

22 "SEC. 16. PROHIBITION ON ENTRY AND OPERATION. 

23 "(a) PROHlBI'l'l0~.-

24 "(1) I~ GEKERAL.-Except as othenvise pro25 v-ided in this section, no vessel described in sub-
121


24833t-24.eps

24 

seet,ion (b) may enter or operate in the navigable wa2 ters of the United States or transfer cargo in any 

3 port or plaee under the jurisdi(~tion of the 1~ nited 

4 States. 

5 "(2) TJTMT'l'A'l'TOK OK APPLTCA'l'TOK.-

6 "(A) DJ£'1'1£Rl\ilNA'l'lOK BY SJ£CRE'l'ARY OF 

7 STATE.-Paragraph (1) shall not apply with re8 speet to a vessel cleseribed in snhseetion (b)( 2) 

9 if the Secretary of State determines that the 

10 vessel is no longer registered as deserihed in 

11 that subsectiou. 

12 "(B) 1\0'!'TCR.-The Secretary of State 

13 shall publish a notiee in the Fecleral Register of 

14 each determination made under subparagraph 

15 (A). 

16 "(b) VESSELS DESCRIBED.-A vessel referred to iu 

17 subsection (a) is a foreign vessel for which a notiee of ar18 rival is required to be filed under section 4(a)(5), aud 

19 that20 "(1) 1s on the most recent list of vessels pub21 lishecl m Federal Register under subsection (e) ( 2); 

22 or 

23 "(2) more than 180 days after the publicatiou 

24 of sueh list, is knowingly registered, pursuant to the 

25 1 958 Convention on the High Seas entered into 
122


24833t-25.eps

25 

fon~e on September :10, 1962, by a government the 

2 agents or instrumentalities of which are maintaining 

3 a registration of a vessel that is in(~luded on sueh 

4 list. 

5 "(c) TNForuvrNrTON A~D Pum,rcNrTON.-The Sec6 retary of the department iu which the Coast Guard is op7 erating, in consultation \vith the Secretary of State, 

8 shall9 "(1) maintain timely information on the reg-

] 0 istrations of all foreign vessels over 300 gToss tons 

11 that are12 "(A) owned or operated by or on behalf of 

13 the Government of North Korea or a North Ko14 rean person; 

15 "(B) owned or operated by or on behalf of 

16 auy country in which a sea port or airport is lo17 cated, the operator of which the President has 

18 identified iu the most recent report submitted 

19 under section 205(a)(1) of the North Korea 

20 

21 

22 

23 

24 

25 

Sanctions and Policy Enhancement Act of 

2016; or 

"(C) cnvned or operated by or on behalf of 

auy country identified by the President as a 

country that has not complied with the applicable United :.Jations Security Council resolutions 
123


24833t-26.eps

26 

(as sueh term is defined m sedion 8 of sueh 

2 Act); and 

3 "(2) not later than 180 days after the date of 

4 the enactment of this section, and periodically there5 after, publish in the Federal Register a list of the 

6 vessels described in paragraph ( 1). 

7 "(d) ='JOTIFICATION OF GOVERNJVIENTS.-

8 "(1) lK C+ENERAL.-The Seeretary of State 

9 shall notify each government, the agents or insbu1 0 mentalities of which are maintaining a registration 

11 of a foreign vessel that is included ou a list pub12 lished under subsection (c)(2), not later than 30 

13 days after sueh publieation, that all vessels reg14 istered under such government's authority are sub15 jed to the prohibition umler subseetion (a). 

16 "(2) ADDI'l'lO~AL ~O'l'U'ICA'l'l0~.-ln the case 

17 of a government that continues to maintain a reg18 istration for a vessel that is included on such list 

19 after receiving an initial notification under para20 graph (1 ), the Secretary shall issue an additional no21 tification to such government not later than 120 

22 days after the publication of a list under subsection 

23 (c)(2). 

24 "(e) NOTIFICATIO~ OF VESSELS.-Upon receiving a 

25 notice of arrival under section 4(a)(5) from a vessel de-
124


24833t-27.eps

27 

seribed in suhseetion (b), the Se(~retary of the department 

2 in which the Coast Guard is operating shall notify the 

3 master of sueh vessel that the vessel may not enter or op4 erate in the navigable waters of the Cnited States or 

5 transfer cargo in any port or place under the jurisdiction 

6 of the U uited States, unless7 " ( 1) the Secretary of State has made a deterS mination under suhse(~tion (a) ( 2); or 

9 "(2) the Secretary of the department in which 

10 the Coast Guard is operating allows provisional 

11 entry of the vessel, or transfer of cargo from the ves12 sel, under subsection (f). 

13 "(f) PRUVISIONAL E~TRY OR CARCJ.O TRAKSFER.-

14 Notwithstanding any other provision of this section, the 

15 Seeretary of the department in whieh the Coast Guard is 

16 operating may allow provisional entry of, or transfer of 

17 cargo from, a vessel, if such entry or transfer is necessary 

18 for the safety of the vessel or persons aboard. 

19 "(g) RIGHT OF INNOCENT PASSAGE.-This section 

20 shall not be constmed as authority to restrict the right 

21 of innocent passage as recognized under international law. 

22 "(h) FOREIGN VESSEL DEFI~ED.-In this section, 

23 the term 'foreign vessel' has the meaning given that term 

24 in section 110 of title 46, United States Code.". 

25 (b) CONFOTIMTKC+ A:'lfEND:\fENTS.-
125


24833t-28.eps

28 

(1) SPECIAL POWERS.-Seetion 4(b)(2) of the 

2 Ports and Waterways Safety Act (33 U.S.C. 

3 122:1(b)(2)) is amended by inserting· "or 16" after 

4 "sectiou 9". 

5 (2) DR~TAL OF RN'l'R:Y.-Section 13(e) of the 

6 Ports and Waterways Safety Act (33 U.S.C. 

7 1232(e)) is amended by striking "section 9" and in8 serting "sedion 9 or 16". 

9 SEC. 107. REPORT ON COOPERATION BETWEEN NORTH 

] 0 KOREA AND IRAN. 

11 (a) lN GJ£~1£RAL.-Not later than 90 days after the 

12 date of the enactment of this Act, and annually thereafter 

13 for 5 years, the President shall submit to the appropriate 

14 congressional committees a report that includes15 (1) an assessment of the extent of eooperation 

16 (including through the transfer of goods, services, or 

17 technology) between North Korea and Iran relating 

18 to their respective nuclear, ballistic missile develop19 ment, chemical or biological weapons development, 

20 or conventional weapons programs; 

21 ( 2 ) the names of any Iranian or North Korean 

22 persons that have knowingly engaged in or di23 rected24 (A) the provision of material support to 

25 such programs; or 
126


24833t-29.eps

29 

(B) the exehang-e of information between 

2 Korth Korea and Iran vvith respect to such pro3 grams; and 

4 (3) a determination whether any of the activi5 ties described in paragraphs (1) and (2) violate 

6 United Nations Security Council Resolution 2231 

7 (2015). 

8 (h) FoRJvr.-The report re<plired under suhsed,ion (a) 

9 shall be submitted in unclassified form but may contain 

10 a classified annex. 

11 SEC. 108. REPORT ON IMPLEMENTATION OF UNITED NA12 TIONS SECURITY COUNCIL RESOLUTIONS BY 

13 OTHER GOVERNMENTS. 

14 (a) IN GENERAL.-Kot later than 180 days after the 

15 date of the enaetment of this Ad, and every 1RO days 

16 thereafter for 5 years, the President shall submit to the 

17 appropriate congressional committees a report that evalu18 ates the degree to which the governments of other coun19 tries have knmvingly failed to20 (1) close the representative offices of persons 

21 designated under applicable United Nations Security 

22 Council resolutions; 

23 (2) expel any North Koreau natiouals, including 

24 diplomats, working on behalf of such persons; 
127


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80 

( 8) prohibit the opening of new brand1es, sub2 sidiaries, or representative offices of North Korean 

3 finarwial institutions \'\'ithin the jurisdid.ions of sueh 

4 governments; or 

5 ( 4) ezq)el any representatives of North Korean 

6 fiuancial institutions. 

7 (b) FORM.-The report required under subsection (a) 

8 shall he submitted in undassified form hut may eontain 

9 a classified annex. 

10 TITLE II-SANCTIONS WITH RE11 SPECT TO HUMAN RIGHTS 

12 ABUSES BY THE GOVERN13 MENT OF NORTH KOREA 

14 SEC. 201. SANCTIONS FOR FORCED LABOR AND SLAVERY 

15 OVERSEAS OF NORTH KOREANS. 

16 (a) SANCTIONS !<'OR 'l'RAI<'FlCKll'\G IN PJ£RSONS.-

17 (1) lK GENERAL.-Section :302(b) of the :\forth 

18 Korea Sanctions and Policy Enhauccmcut Act of 

19 2016 (22 U.S.C. 9241(b)) is amended20 (A) in paragraph (1 ), by striking "and" at 

21 the end; 

22 (B) in paragraph (2), by striking the pe23 riod at the end and inserting "; and"; and 

24 (C) by adding at the end the follcrvv'ing new 

25 paragTaph: 
128


24833t-31.eps

81 

" ( 8) a li~t of foreign per~on~ that employ )Jorth 

2 Korean laborers.". 

3 (2) ADDITIOKAL DETEK\H~ATIONS; RE4 PORTS.-With respect to auy couutry ideutified iu 

5 section 302(b)(2) of the Korth Korea Sanctions and 

6 Policy Enhancement Act of 2016 (22 U.S.C. 

7 9241(b)(2)), as amended by paragraph (1), the re8 port required under seetion 802(a) of ~U(~h Aet 

9 shall-

] 0 (A) include a determination whether each 

11 person identified iu sectiou 3 02 (b)( 3) of such 

12 Act (as amended by paragraph (1 )) who is a 

13 national or a eitizen of ~ueh identified eountiy 

14 meets the criteria for sanctions under15 (i) sedion 111 of the Traffieking Vi(~-

16 tims Protection Act of 2000 (22 U.S.C. 

17 7108) (relating to the prevention of traf18 ficking iu persous); or 

19 (ii) section 104(a) or 104(b)(1) of the 

20 )Jorth Korea Sanctions and Policy Rn21 hancement Act of 2016 (22 U.S.C. 

22 9214(a)), as amended by section 101 of 

23 this Act; 

24 (B) be included m the report required 

25 under section 11 O(b) of the Trafficking Victims 
129


24833t-32.eps

2 

3 

4 

5 

6 

7 

8 

9 

82 

Proted,ion A(~t of 2000 (22 CS.C. 7107(b)) 

(relating to the annual report on trafficking in 

penmns): and 

(C) be considered m any determiuatiou 

that the government of such country has made 

serious and sustained efforts to eliminate severe 

forms of trafficking in persons, as such term is 

definecl for purposes of the Traffi(~king Vi(~tirns 

Protection Act of 2000. 

10 (b) SANCTIONS OK FcmETGN PRRSO~S TTTAT EMIl PLOY NORTH 1\DRK'L'\f LABOR.-

12 (1) TN GRKER.AL.-Title TIT of the Korth Korea 

13 San(~tions and Poliey Enhaneement Ad of 2016 (22 

14 U.S.C. 9241 et seq.) is amended by inserting after 

15 se(~tion 802 the following new se(~tions: 

16 "SEC. 302A. REBUTTABLE PRESUMPTION APPLICABLE TO 

17 GOODS MADE WITH NORTH KOREAN LABOR. 

18 "(a) lN GJ£NJ£RAL.-Except as provided in subsectiou 

19 (b), any goods, wares, articles, and merchandise mined, 

20 produced, or manufactured wholly or in part by the labor 

21 of Korth Korean nationals or citizens shall be deemed to 

22 be prohibited under section 307 of the Tariff Act of 19:30 

23 (19 U.S.C. 1307) aud shall not be eutitled to entry at any 

24 of the ports of the United States. 
130


24833t-33.eps

88 

"(h) EXCEPTIOK.-The prohibition des(~ribed in sub2 section (a) shall not apply if the Commissioner of U.S. 

3 Customs and Border Proteetion finds, by dear and eon4 viuciug evidence, that the goods, wares, articles, or mer5 chandise described in such paragraph were not produced 

6 with convict labor, forced labor, or iudentured labor uuder 

7 penal sanctions. 

8 "SEC. 302B. SANCTIONS ON FOREIGN PERSONS EMPLOYING 

9 NORTH KOREAN LABOR. 

10 "(a) TN GRNRI\.Ah-Except as prm~ded in subsection 

11 (c), the President shall desiguate any person identified 

12 under section 302(b)(:3) for the imposition of sanctions 

13 umler suhsed,ion (b). 

14 "(b) hiPOSITION OF SANCTIONS.-

15 "(1) IN GENERAL.-The President shall impose 

16 the sauctious described in paragraph ( 2) with re17 spect to any person designated under subsection (a). 

18 "(2) SANCTIONS DJ<;SCJ:UBJ<;D.-'l'he sanctions 

19 described in this paragraph are sanctions pursuant 

20 to the International Emergency Economic Powers 

21 Act (50 U.S.C. 1701 et seq.) to block and prohibit 

22 all transactions in property and interests in property 

23 of a person designated under subsection (a), if such 

24 property and interests in property are in the r nited 

25 States, come "~thin the United States, or are or 
131


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84 

eome >cv'ithin the possessiOn or (~ontrol of a 1~nited 

2 States person. 

3 "(e) EXCEPTIOK.-

4 "(1) lN GBKERA.L.-A person may not be des5 ignated under subsection (a) if the President eer6 tifies to the appropriate congressional eommittees 

7 that the President has reeeived reliable assuranees 

8 from such person that9 "(A) the employment of Korth Korean la1 0 borers does not result in the direet or indireet 

11 transfer of eonvertible currency, luxury goods, 

12 or other stores of value to the Government of 

13 Korth Korea: 

14 ''(B) all wages and benefits are prov'ided 

15 direetly to the laborers, and are held, as appli16 eablc, in accounts within the jurisdiction in 

17 which they reside in locally denominated eur18 rency; and 

19 "(C) the laborers are subject to working 

20 eonditions consistent v.~th international stand21 arcLs. 

22 "(2) R,ECERTIFICATION.-Not later than 180 

23 days after the date on which the President transmits 

24 to the appropriate congressional committees an ini-
132


24833t-35.eps

tial (~ertifi(~ation under paragn1ph (1), and every 1RO 

2 days thereafter, the President shall3 "(A) tran~mit a re(~ertifieation ~tating that 

4 the conditious described in such paragraph con5 tinue to be met; or 

6 "(B) if such recertification caunot be 

7 transmitted, impose the sanctions described in 

8 ~uh~eetion (h) beginning on the date on whieh 

9 the President determines that such rece1tifi10 cation cannot be transmitted.". 

11 (2) CLERICAL AlVlENDlVlKl'\'1'.-'l'he table of con12 tents for the North Korea Sanctions and Policy Rn13 ham~ement Ad of 2016 i~ amended by in~erting 

14 after the item relating to section :302 the following 

15 new item~: 

"Sec. :302A. Rebuttable presumption ar)plieable to goods made wich North Korean labor. 

"Sec. :302B. Sanctions on foreigu persons en1ploying North Korean labor.". 

16 SEC. 202. MODIFICATIONS TO SANCTIONS SUSPENSION AND 

17 WAIVER AUTHORITIES. 

19 DESIGNATIOK.-

20 (1) EXK\IPTIO~S.-Section 208(a) of the :\forth 

21 Korea Sandions and Policy Enhancement Aet of 

22 2016 (22 U.S.C. 9228(a)) is amended in the matter 

23 preceding paragraph (1 )-
133


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86 

(A) by inserting "201A," after "104,"; 

2 and 

3 (B) by inserting "802A, 802B," after 

4 "209,". 

5 (2) lTL\fAKTTARJAN WATVETI .. -Section 208(b) 

6 of the North Korea Sanctions and Policy Enhance7 ment Act of 2016 (22 CS.C. 9228(b)(1)) is amend8 

9 

10 

11 

(A) by inserting "201A," after "104," m 

each place it appears; and 

(B) by inserting "302A, 302B," after 

12 "209(b)," in each place it appears. 

13 (8) WAIVER.-Seetion 208(e) of the )Jorth 

14 Korea Sanctions and Policy Enhancement Act of 

15 2016 (22 1~.8.C. 9228(e)) is amended in the matter 

16 preceding paragraph (1)-

17 (A) by inserting "201A,'' after "104,"; 

18 and 

19 (B) by inserting "302A, 302B," after 

20 "209(b),". 

21 (b) SUPPORT FOR F~'L'IIILY REUNIFICATIOK FOR K0-

22 REAK-AJVIERICANS.-Section 402(2) of the North Korea 

23 Sanctions and Policy Enhancement Act of 2016 (22 

24 U.S.C. 9252(2)) is amended-
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87 

(1) in subparagn1.ph (D), by striking "and" at 

2 the end; 

3 (2) in subparagraph (E), by striking the period 

4 at the end and inserting "; and"; and 

5 (3) by adding at the end the follov.~ng new sub6 paragraph: 

7 "(F) planning for unrestricted family re8 unifieation meetings, in(~luding for those indi9 viduals in the Korean-American community who 

10 maintain family ties >vith relatives in "\forth 

11 Korea.". 

12 SEC. 203. REWARD FOR INFORMANTS. 

13 Se(~tion 8 6 (b) of the State Department Basi(~ Au14 thorities Act of 1956 (22 U.S.C. 2708(b)), is amendedIS (1) in paragTaph (9), by striking "or" at the 

16 end; 

17 (2) in paragraph (10), by striking the period at 

18 the end and inserting a semicolon; and 

19 ( 3) by adding at the end the follmving new 

20 paragTaphs: 

21 "(11) the identification or location of any per22 son who, while acting at the direction of or under 

23 the control of a foreign govennnent, aids or abets a 

24 violation of section 1030 of title 18, United States 

25 Code; or 
135


24833t-38.eps

"(12) the di~n1ption of finaneial meehani~m~ of 

2 any person who has engaged in the conduct de3 ~(~rihed in ~eetion~ 1 04( a) or 1 04(h) (1) of the )Jorth 

4 Korea Sanctions and Policy Enhancement Act of 

5 2016 (22 U.S.C. 2914(a) or (b)(l )).". 

6 SEC. 204. REPORT ON DESIGNATION OF NORTH KOREA AS 

7 A STATE SPONSOR OF TERRORISM. 

8 (a) REPORT: DETERMINATION OR ,TUSTIFICATION.-

9 ( 1) IN GENERAL.-N ot later than 90 clays after 

10 the date of the enactment of this Act, the President 

11 shall submit to the appropriate congressional com12 mittees a report that includes a determination 

13 whether North Korea i~ a ~tate ~pon~or of terrorism. 

14 (2) INCLUSION.-The report required by para15 gn1ph (1) shall abo be indudecl in the fir~t annual 

16 report under section 140 of the Foreign Relations 

17 Authorization Act, Fiscal Years 1988 and 1989 (22 

18 U.S.C. 2656f) submitted on or after the date of the 

19 enactment of this Act. 

20 (3) Fcm:'IL-The report required by paragraph 

21 ( 1) shall be submitted in unclassified form but may 

22 include a classified annex. 

23 (b) STA'l'J<; SPONSOR 01'' TmmORISNl DEI<'INJ<;D.-For 

24 purposes of this section, the term "state sponsor of ter25 rorism" means a country the government of which the 
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24833t-39.eps

Seeretary of State ha~ determine!l, for purpose~ of ~eetion 

2 6(j) of the E)q)ort Administration Act of 1979 (50 U.S.C. 

3 4605(j)) (a~ in effe(~t pur~uant to the International Emer4 gency Economic Powers Act), section 620A of the J1'oreign 

5 Assistance Act of 1961 (22 U.S.C. 2371 ), section 40 of 

6 the ~\rms Export Control Act (22 U.S.C. 2780), or any 

7 other provision of law, is a government that has repeatecliy 

8 provided support for ~wt~ of international terrori~rn. 

9 

10 

TITLE III-GENERAL 

AUTHORITIES 

11 SEC. 301. AUTHORITY TO CONSOLIDATE REPORTS. 

12 Any reports required to be submitted to the appro13 priate eongTe~~ional eornrnittee~ under this Ad or any 

14 amendment made by this Act that are subject to a dead15 line for ~ubrni~~ion eon~i~ting of the ~arne unit of time may 

16 be consolidated into a single report that is submitted to 

17 appropriate congressional committees pursuant to such 

18 deadline. 'l'he consolidated reports must contain all infor19 mation required under this Act or any amendment made 

20 by this Act, in addition to all other elements mandated 

21 by previous law. 

22 SEC. 302. RULE OF CONSTRUCTION. 

23 Nothing in this Act shall be construed to limit the 

24 authority or obligation of the President to apply the sanc25 tions described in section 104 of the Korth Korea Sane-
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40 

tion~ and Poli(~y Enhmwement A(~t of 2016 (22 U.S.C. 

2 9214), as amended by section 101 of this Act, vvith regard 

3 to per~om; who meet the (~riteria for de~ignation umler 

4 such section. 

5 SEC. 303. REGULATORY AUTHORITY. 

6 (a) ll'\ GENERAL.-'l'hc President shall, not later 

7 than 180 clays after the elate of the enactment of tllis Act, 

8 promulgate reg1:uation~ a~ neee~~~ny for the implementa9 tion of this Act and the amendments made by this Act. 

10 (b) NOTTFTCATTO~ TO CoNCm.RSS.-Kot fewer than 

11 10 days before the promulgation of a regulation under 

12 subsection (a), the President shall notifY and provide to 

13 the appropriate (~ongre~~ional eomrnittee~ the propo~ed 

14 regulation, specif,ying the provisions of this Act or the 

15 amendment~ made by thi~ Ad that the regulation i~ imple16 mcnting. 

17 SEC. 304. LIMITATION ON FUNDS. 

18 No additional funds arc authori11cd to carry out the 

19 requirements of this Act or of the amendments made by 

20 this Act. Such requirements shall he carried out using 

21 amounts otherwise authorized. 
138


24833u-1.eps

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

TO H.R. 1644 

OFFERED BY MR. ROYCE OF CALIFORNIA 

Strike all after the enacting clause and insert the 

follmving: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the "Korean Interdiction 

3 and Modernization of Sanctions Act". 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

:C:ke. l. Short title. 

S0e. 2. Ta.hk of eont.mts. 

S0e. il. Ddinitions. 

TITLE I-SANCTIONS TO ENFORCE .iliD IMPLEME~T UNITED NATIOKS SECURITY COUKCIL SANCTIONS AGMNST ~ORTII KOREA 

Sec. 

Sec. 

See. 

See. 

See. 

See. 

See. 

Sec. 

101. 

1m. 

103. 

104. 

105. 

106. 

107. 

108. 

Modification and expansion of requirements for the designation of 

persons. 

Prohibition on indirect correspondent accounts. 

Lirnitations on foreign assistanee to n(meorupliant guvernrnents. 

Amendments to enhanee inspeetion authorities. 

Enforeing eomplianee with United Kations shipping sanetions against 

North Korea. 

Report on cooperation between North Korea and Iran. 

Report on implementation of United Nations Seeurity Couneil resolutions by other g·overnments. 

Briefing on measures to deny speciali~ed financial messaging services 

to designated North Korean financial insLituLions. 

TITLE ll-SA.'lCTIO~S WITH RBSPBCT TO HUlVIA.'l RIGHTS 

ABUSES BY THE GOVBRKl\iE~T 01<' NORTH KOREA 

Sec. 201. Sanctions for force<:] labor and s]a,.,ery overseas of North Koreans. 

See. ~02. 1Vfodifications to sanetim1s suspe11sion and waiver authorities. 

Sec. 20:3. Heward for informants. 

See. ~04. Determi11ation OTl designation of :..Jorth T\orea as a state sponsor of 

tf'!'l'Ol~Sm. 
139


24833u-2.eps

2 

'l'l'l'Ll£ lll-GBNBBAL AU'l'HOlU'l'IBS 

:C:ke. ilOl. Authority to eonsolidat0 rc:port.R. 

:C:ke. il02. Rnk of eonstruetion. 

:C:ke. ilO:i. Regulatory authority. 

:C:ke. il04. Limitation on funds. 

1 SEC. 3. DEFINITIONS. 

2 (a) AJVTRND:\TRN'l'S '1'0 DRFTNT'l'TONS TN 'l'TTR NCJR.'l'TT 

3 KORJ<;A SANCTIONS AND POLICY ENHAKCK\1ENT ACT m• 

4 2016.-

5 (1) ArPLICABLE EXECUTIVE ORDER.-Seetion 

6 :3 ( 1 )(A) of the North Korea Sanctions and Policy 

7 Enhancement Act of 2016 (22 U.S.C. 9202(1 )(A)) 

8 is amended9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

(A) by striking ''or Executive Order 

18694" and inserting "Exeeutive Order 

13694"; and 

(B) hy insert.ing "or Exeeutive Order 

13722 (50 U.S.C. 1701 note; relating to blocking the property of the Government of :\!" orth 

Korea and the Workers' Party of Korea, and 

Prohibiting Certain Transactions \Vith Respect 

to :\forth Korea)," before "to the extent". 

( 2) APPLICABLE UNITED NATIONS SECl~RITY 

19 COUNCIL RESOLUTIO~.-Section 3(2)(A) of the 

20 North Korea Sanctions and Policy Enhancement Act 

21 of 2016 (22 U.S.C. 9202(2)(A)) is amended by 
140


24833u-3.eps

8 

striking ''or 2094 (2018)" and inserting " 2094 

2 (201:3), 2270 (2016), or 2:321 (2016)". 

3 (8) FOREIGK PERS0~.-8edion ;) of the )Jorth 

4 Korea Sanctions and Policy Enhancement Act of 

5 2016 (22 U.S.C. 9202) is amended6 (A) by redesignating paragraphs ( 5) 

7 through (14) as paragraphs (6) through (15), 

8 respeetively; and 

9 (B) by inserting after paragraph ( 4) the 

10 folloV\~ng new paragraph: 

11 " ( 5) J1'0REIG~ PERSON .-The term 'foreign pcr12 son' means13 "(A) an individual who is not a 1~nited 

14 States citizen or an alien lavvfully admitted for 

15 permanent residenee to the United States; or 

16 "(B) an entity that is not a United States 

17 person.". 

18 ( 4) LUXURY GOODS.-Paragraph (9) of section 

19 :3 of the North Korea Sanctions and Policy En20 hancement Act of 2016 (22 U.S.C. 9202), as redes21 ignated by paragraph ( 3), is amended22 (A) in subparagraph (A), by striking 

23 "allCl" at the cud; 

24 (B) in subparagraph (B), by striking the 

25 period at the end and inserting "; and"; and 
141


24833u-4.eps

4 

(C) by adding at the eml the follmving new 

2 subparagraph: 

3 "(C) also indmles any items so designated 

4 under an applicable United Nations Security 

5 Council resolution.". 

6 (5) NORTH l\.DJ:U£A_'\f PERSON.-Sec.tion 3 of the 

7 North Korea Sanctions and Policy Enhancement Act 

8 of 2016 (22 U.S.C. 9202), as amended hy para9 graph (:3), is further amended10 (A) by redesignating paragraphs (13) 

11 through (15) as paragraphs (14) through (16), 

12 respectively; and 

13 (B) by inserting after paragn1ph (12) the 

14 follovving new paragraph: 

15 "(18) KORTH KOREAN PERSOK.-The term 

16 'North Korean person' meaus17 "(A) a Korth Korean citizen or national; 

18 or 

19 "(B) an entity owned or controlled by the 

20 Government of Korth Korea or by a "\1" orth Ko21 rean citizen or national.". 

22 (b) DEFINITIONS FOR Pl~RPOSES OF THIS ACT.-In 

23 this Ac.t: 

24 ( 1) APPLICABLE UNITED NATIONS SECl~RITY 

25 COUNCTTJ RRSOTJUTTO~; TJTJ;\,.'lTRY UOODS.-The terms 
142


24833u-5.eps

5 

"appli(~able United Nations Seeurity Couneil resolu2 tion" and "hL'mry goods" have the meanings given 

3 those terms, respeet,ively, in seetion :1 of the )Jorth 

4 Korea Sanctions and Policy Enhancement Act of 

5 2016 (22 U.S.C. 9202), as amended by subsection 

6 (a). 

7 (2) APPROPRIATE CO~GRESSIONAL COJVDIIT8 TEES; (}0\TERNJVIENT OF KORTH KOREA; r~ITED 

9 STATES PERSO~.-The terms "appropriate congres1 0 sional cornmittees", "Government of Korth Korea", 

11 and "United States person" have the meanings 

12 given those terms, respectively, in section :3 of the 

13 North Korea Sanetions and Poliey Enhaneement Aet 

14 of 2016 (22 U.S.C. 9202). 

15 (J) FOREIGK PERSO~; KORTH KOREA_.'l' PER16 SO~.-The terms "foreign person" and "North Ko17 rean person" have the meanings given those terms, 

18 respectively, in paragraph (5) and paragraph (13) of 

19 section 3 of the Korth Korea Sanctions and Policy 

20 Enhancement Act of 2016 (22 U.S.C. 9202(5) and 

21 9202(13)), as added by subsection (a). 

22 (4) PROHIBITED WEAPO~S PROGRAJVI.-The 

23 term "prohibited weapons program" means24 (A) any program related to the develop25 ment of nuclear, chemical, or biologieal weap-
143


24833u-6.eps

2 

3 

4 

5 

ons, and their means of delivery, induding hallistie missiles; and 

(B) any program to develop any related 

materials with respect to a program described 

in subparagraph (A). 

6 TITLE I-SANCTIONS TO EN7 

8 

9 

FORCE 

UNITED 

COUNCIL 

AND IMPLEMENT 

NATIONS SECURITY 

SANCTIONS 

10 AGAINST NORTH KOREA 

11 SEC. 101. MODIFICATION AND EXPANSION OF REQUIRE12 MENTS FOR THE DESIGNATION OF PERSONS. 

13 (a) EXPA.'JSION OF lVLlliDATORY DESIGKATIO~S.-

14 Section 104(a) of the North Korea Sanctions and Policy 

15 Enhan(~ement A(~t of 2016 (22 1~.S.C. 9214(a)) is amend16 eel17 

18 

19 

20 

21 

22 

23 

24 

25 

(1) in paragraph (9), by striking "or" at the 

cud; 

( 2) by redesignating paragraph ( 10) as paragraph (15); 

( 3) by inserting after paragraph ( 9) the follcnving new paragraphs: 

"(10) knowingly, directly or iudircctly, purchases or otherw'ise acquires from North Korea any 

significant amounts of gold, titanium ore, vanadium 
144


24833u-7.eps

7 

ore, (~Opper, silver, niekel, Zln(~, or rare earth rmn2 erals; 

3 "(11) knowingly, direetly or indireetly, sells or 

4 transfers to North Korea any sig·nificant amouuts of 

5 rocket, aviation, or jet fuel (except for use by a civil6 iau passenger aircraft outside North Korea, exclu7 sively for consumption during its flight to :\!" orth 

8 Korea or its return flight): 

9 "(12) knowingly, directly or indirectly, provides 

10 fuel, supplies, or bunkering senices to, or facilitates 

11 a significaut transaction or transactions to operate 

12 or maintain, a vessel or aircraft that is desig·nated 

13 under an applieahle Exeeutive order or an applieable 

14 United Nations Security Council resolution, or that 

15 is owned or (~ontrolled by a person designated umler 

16 an applicable Executive order or applicable Cnited 

17 Nations Security Council resolution; 

18 "(13) knowingly, directly or indirectly, msures, 

19 registers, facilitates the registration of, or maintains 

20 msurance or a registration for, a vessel owned or 

21 controlled by the Government of North Korea, ex22 cept as specifically approved by the United Nations 

23 Security Council; 

24 " ( 14) knovvingly, directly or indirectly, mam25 tains a correspondent account (as defined in section 
145


24833u-8.eps

R 

201A(d)(1)) ~with any North Korean finaneial insti2 tution, exc.ept as spec.ifically approved by the rnited 

3 Nations Seeurity Coun(~il; or"; and 

4 ( 4) in paragTaph ( 15), as so redesignated, by 

5 striking "(9)" and inserting "(14)". 

6 (b) EXPANSIO~ 01'' .ADDITIONAL DISCRETIONARY 

7 DESIGNATIOKS.-Sec.tion 104(b)(1) of the North Korea 

8 Sanetiom; and Poliey Enhaneement Aet of 2016 (22 

9 U.S.C. 9214(b)(1)) is amended10 (1) in subparagraph (A), by striking "pursuant 

11 to an applic.able Cnited Nations Sec.urity Counc.il 

12 resolution;" and inserting the following: "pursuant 

13 to14 "(i) an applicable United Kations Se15 (mrity Couneil resolution; 

16 

17 

18 

"(ii) any regulation promulgated 

under sec.tion 404; or 

"(iii) any applic.able Exec.utive 

19 order;"; 

20 (2) in subparagTaph (D)(iii), by striking "or" at 

21 the end; 

22 (:3) in subparagraph (C), by striking the period 

23 at the end and inserting a semic.olon; and 

24 ( 4) by adding at the end the following new sub25 paragTaphs: 
146


24833u-9.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

9 

"(D) knowingly, direetly or imliredly, purchased or otherwise acquired from the Government of )Jorth Korea signifieant <pmntities of 

coal, iron, or iron ore, in excess of the limitations provided in applicable United Nations Security Council resolutions; 

"(E) lmmvingly, directly or indirectly, purehased or othenvise ~w<plired signifi<~ant t)1les 

or amounts of textiles from the Government of 

Korth Korea; 

"(11') knowingly facilitated any transfer of 

funds or property of the Government of )Jorth 

Korea that materially eontrihutes to any violation of an applicable United National Security 

Couneil resolution; 

"(G) knowingly, directly or indirectly, facilitated a significant transfer to or from the 

Government of North Korea of bulk cash, precious metals, gemstones, or other stores of 

value not described under subsection (a)(l 0); 

"(H) knowingly, directly or indirectly, sold, 

transferred, or otherw'ise provided significant 

amounts of crude oil, condensates, refined petroleum, other types of petroleum or petroleum 

b:r1Jroducts, liquified natural gas, or other nat-
147


24833u-10.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

10 

ural gas resourees to the Government of )Jorth 

Korea (except for heavy fuel oil, gasoline, or 

diesel fuel for humanitarian use or as ex(~epted 

under subsectiou (a)(ll)); 

"(T) kno\vingly, directly or indirectly, engaged iu, facilitated, or was responsible for the 

online commercial activities of the Government 

of Korth Korea, im~luding online gambling; 

"(J) knowingly, directly or indirectly, purchased or othenvise acquired fishing rights 

from the Government of Korth Korea; 

"(K) knowingly, directly or indirectly, provided signifieant telephonic:, telegraphic:, telecommunications or other data services, in whole 

or in part, into or out of )Jorth Korea, in exeess 

of services needed for humanitarian or diplomatic purposes (other than services that are excepted under section 203(b)(l) of the luternational Emergency Economic Powers Act (50 

U.S.C. 1702(b)(l ))); 

"(L) knowingly, directly or indirectly, purchased or othenvise acquired significant t:r1)es 

or amounts of food or agricultural products 

from the Government of Korth Korea; 
148


24833u-11.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

11 

"CVI) knowingly, dire(~tly or indireetly, engaged in, facilitated, or was responsible for the 

e},.1lortation of workers from North Korea In a 

mauner intended to geuerate siguificant revenue, directly or indirectly, for use by the Govcnnneut of North Korea or by the Workers' 

Party of Korea; 

"(N) knowingly eondu(~ted a signifi(~ant 

transaction or transactions in ~orth Korea's 

transportation, mining, energy, or financial 

services iudustrics; or 

"(0) except as specifically approved by the 

United K ations Se(mrity Couneil, aml other 

than through a correspondent account as deseribed in suhse(~tion (a)(14), knowingly fe:wilitatcd the operatiou of any branch, subsidiary, 

or office of a Korth Korean financial institution.". 

19 (c) lVlANDATORY AND DISCRETIONARY ASSET 

20 DllX~l\.I~Ct.-Section 1 04( c) of the North Korea Sanctions 

21 and Policy Enhancement Act of 2016 (22 U.S.C. 9214(c)) 

22 is amended23 (1) by striking "of a designated person" and in24 serting "of a person designated under subsection 

25 (a)"; 
149


24833u-12.eps

12 

(2) by ~triking- "The Pre~i!lent" and in~erting 

2 the following: 

3 "(1) lVlAKDATORY ASSET BLOCEINCL-The 

4 President"; aud 

5 (3) by adding at the end the follmving new 

6 paragraph: 

7 "(2) DISCRETIO~ARY ASSET BLOCIITNG.-The 

8 Pre~ident may abo exen~i~e ~1wh power~, in the 

9 same manner and to the same extent described in 

10 paragraph (1 ), v.~th respect to a person designated 

11 under subsection (b).". 

12 (d) DRSTGNATTON OF' ADDTTTO~ATJ PRR.SONS.-

13 (1) lK cmNERAL.-Not later than 1RO day~ 

14 after the date of the enactment of this Act, the 

15 Pre~ident ~hall ~ubrnit to the appropriate (~ongre~-

16 sional committees a report including a determiuation 

17 as to whether reasonable grounds exist, and an ex18 planation of the reasons for any determination that 

19 such grounds do not exist, to designate, pursuant to 

20 section 104 of the "\forth Korea Sanctions and Policy 

21 Enhancement Act of 2016 (22 U.S.C. 9214), as 

22 amended by this section, each of the follmving: 

23 (A) The Korea Shipowners' Protection aud 

24 Indemnity Association, a North Korean insur25 ance company, with respect to facilitating im-
150


24833u-13.eps

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

18 

ports, exports, and reexports of arms and related materiel to and from Korth Korea, or for 

other a(~tivities prohibited hy sneh se(~tion 104. 

(B) Chiupo Shipping Company (Private) 

Limited, a Singapore coq)oration, with respect 

to facilitating imports, exports, and reexports of 

arms and related materiel to and from :\forth 

Korea. 

(C) The Central Bank of the Democratic 

People's Republic of Korea, "~th respect to the 

sale of gold to, the receipt of gold from, or the 

import or e:..lJort of gold by the Government of 

Korth Korea. 

(D) Kumgang Economic Development Corporation (KKG), vvith respeet to being an entity 

controlled by Bureau 39 of the Workers' Party 

of the Government of North Korea. 

(E) Sam Pa, also known as Xu Jinghua, 

Xu Songhua, Sa MlL'-<1, Samo, Sampa, or Sam 

King, and any entities owned or controlled by 

such individual, with respect to transactions 

with IG~G. 

(F) The Chamber of Commerce of the 

Democratic People's Republic of Korea, with respect to the exportation of workers in v~olation 
151


24833u-14.eps

2 

3 

4 

14 

of sed,ion 104(a)(5) or of sed,ion 104(b)(l)(M) 

of such Act, as amended by subsection (b) of 

this sedion. 

(2) FOK\1.-'l'he report submitted uuder para5 graph (1) may contain a classified annex. 

6 SEC. 102. PROHIBITION ON INDIRECT CORRESPONDENT 

7 ACCOUNTS. 

8 (a) IN GENERAL.-Title II of the )Jorth Korea Sam~-

9 tions and Policy Enhancement Act of 2016 (22 U.S.C. 

10 9221 et seq.) is amended by inserting after section 201 

11 the followiug uew sectiou: 

12 "SEC. 201A. PROHIBITION ON INDIRECT CORRESPONDENT 

13 ACCOUNTS. 

14 "(a) IN GENERAL.-Except as provided in subsection 

15 (b), if a 1~nited States fimtm~ial institution has or obtains 

16 knowledge that a correspondent account established, 

17 maintained, administered, or managed by that institution 

18 for a foreign financial institutiou is being used by the for19 eign financial institution to provide financial services indi20 rectly to any person, foreign government, or financial in21 stitution designated under section 104, the United States 

22 financial institution shall ensure that such correspondent 

23 account is no longer used to provide such services. 

24 "(b) EXCEPTION.-A rnited States financial institu25 tion is authori;~ed to process transfers of funds to or from 
152


24833u-15.eps

15 

North Korea, or for the !lireet or indireet benefit of any 

2 person, foreign government, or financial institution that 

3 is designated under se(~tion 104, only if the transfer4 "(1) arises from, aud is ordiuarily iucideut aud 

5 necessary to give effect to, an underly'ing transaction 

6 that has beeu authorized by a specific or geueral li7 cense issued by the Secretary of the Treasury; and 

8 " ( 2) does not involve debiting or (~re(liting a 

9 North Korean account. 

10 "(e) DRFTNTTTONS.-Tn this seetion: 

11 "(1) CORJ:t1£SPONDEN'l' ACCOUN'l'.-The term 

12 'eorrespondent aceount' has the meaning given that 

13 term in se(~tion 5:11RA of title :11, United States 

14 Code. 

15 "(2) 1~NITED STATES FI~ANCIAL INSTITU16 'l'lON.-The term Tnited States finaucial institu17 tion' means has the meaning given that term in sec18 tion 510.310 of title 31, Code of !1'ederal Regula19 tions, as in effect on the date of the enactment of 

20 this seetion. 

21 "(3) FOREIGN FIK~'JCIAL INSTITUTIOK.-The 

22 term 'foreign financial institution' has the meaning 

23 given that term in section 1010.605 of title 31, Code 

24 of Federal Regulations, as in effect on the elate of 

25 the enaetment of this section.". 
153


24833u-16.eps

16 

(h) CLERICAL AlVIENDMENT.-The table of eontent~ 

2 for the Korth Korea Sanctions and Policy Enhancement 

3 Ad of 2016 i~ amended by in~erting after the item relat4 ing to section 201 the following· new item: 

"Sec. :201A. Prohibition on indirect correspondent accounts.". 

5 SEC. 103. LIMITATIONS ON FOREIGN ASSISTANCE TO NON6 COMPLIANT GOVERNMENTS. 

7 Section 203 of the ~orth Korea Sanctions and Policy 

8 Enhancement Act of 2016 (22 r.S.C. 9223) is amended9 (1) in subsection (b)-

10 (A) in the heading, by striking "TRANS-

]] ACTIONS T~ LETTT!\TJ MTTJTTATW EQTTTPJ\TR~T" 

12 and inserting "TRANSACTIONS I~ DEFENSE 

13 AR.TTCTJES em DEFENSE SERVTCRS"; 

14 (B) in paragraph (1), by striking "that 

15 provides lethal military equipment to the Gov16 ernment of North Korea" and inserting "that 

17 provides to or receives from the Government of 

18 Korth Korea a defense article or defense serv19 1cc, as such terms arc defined in section 47 of 

20 the Arms E}qJOrt Control Act (22 U.S.C. 

21 2794)"; and 

22 (C) in paragraph (2), by striking "1 year" 

23 and inserting "2 years"; 

24 (2) in subsection (d), by striking "emergency"; 

25 and 
154


24833u-17.eps

17 

( 8) hy adding at the end the following new sub2 section: 

3 "(e) REPORT ON ARMS TRAFFICKI~Ct lNvOLv'1NCt 

4 NORTH KOR1£A.-

5 "(1) T~ <JJ<JNRTIAh-Not later than 180 days 

6 after the date of the enactmeut of this subsection, 

7 and every 180 clays thereafter for 5 years, the Sec8 retary of State shall submit to the appropriate eon9 gressional committees a report that specifically del 0 scribes the eompliance of foreign eountries and other 

11 foreign jurisdictions with the requirement to curtail 

12 the trade described in subsection (b)(1 ). 

13 "(2) FoRJvr.-The report required under para14 graph ( 1) shall be submitted in unelassified form but 

15 may eontain a dassified annex.". 

16 SEC. 104. AMENDMENTS TO ENHANCE INSPECTION AU17 THORITIES. 

18 Title ll of the North Korea Sauctions and Poliey Bn19 haneement Aet of 2016 (22 U.S.C. 9221 et seq.), as 

20 amended by section 1 02 of this Act, is further amended 

21 by striking seetion 205 and inserting the following: 

22 "SEC. 205. ENHANCED INSPECTION AUTHORITIES. 

23 "(a) REPORT R1£QCIRED.-

24 "(1) I~ GENERAL.-Not later than 180 clays 

25 after the date of the enaetment of this seetion, and 
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18 

annually thereafter for 5 years, the President shall 

2 submit to the appropriate congressional committees 

3 a report4 "(A) identifying the operators of foreigu 

5 sea ports and airports that have knmvingly6 "(i) failed to implemeut or euforce 

7 reg·ulations to inspect ships, aircraft, 

8 (~argo, or eonveyanees in transit. to or from 

9 .:.J orth Korea, as required by applicable 

10 rnited K ations Seeurity Couneil resolu11 tious; 

12 "(ii) faeilitated the transfer, trans13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

shipment., or (~onveyanee of signifimmt 

types or quantities of eargo, vessels, or air-

(~raft o\vne<l or eont.rolle<l hy persons designated under applicable Cnited Nations 

Seeurity Council resolutions; or 

"(iii) facilitated any of the aetivities 

deseribed in section 104(a); 

"(D) describing the extent to which the requirements of applieable United Nations Seeurity Couneil resolutions to de-register any vessel 

owned, eontrolled, or operated by the Government of Korth Korea have been implemented by 

other foreign eountries; 
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19 

"(C) des(~rihing the eornplianee of the Is2 lamic R,epublic of Iran \vith the sanctions man3 dated in applieable United Nations Seeurity 

4 Council resolutions; 

5 "(D) identifying vessels, aircraft, and con6 veyances owned or controlled by the Reconnais7 sance General Bureau of the "Workers' Party of 

8 Korea; and 

9 "(E) describing the diplomatic and en-

] 0 forcement efforts by the President to secure the 

11 full implementation of the applicable C nited 

12 1\ ations Security Council resolutions, as de13 seribecl in subparagTaphs (A) through (C). 

14 "(2) FORM.-The report required under para15 gn1ph (1) shall be submitted in undassifiecl form hut 

16 may contain a classified annex. 

17 "(b) SPECIFIC FI~DINGS.-Each report required 

18 under subsection (a) shall include specific findings with 

19 respect to the following ports and airports: 

20 "(1) The ports of Dandong, Dalian, and any 

21 other pmt in the People's Republic of China that the 

22 President deems appropriate. 

23 "(2) The ports of Abadan, Bandar-e-Abbas, 

24 Chabahar, Bandar-e-Khomeini, Bushehr Port, 

25 Asaluyeh Port, Kish, Kharg Island, Bandar-e-TJenge, 
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20 

and Khorramshahr, and Tehran Imam Khomeini 

2 International Airport, in the Islamic Republic of 

3 Iran. 

4 " ( 3) The ports of N akhodka, Vanino, and Vlad5 ivostok, in the Russian Federation. 

6 " ( 4) The ports of Latakia, Bauias, aud 

7 Tartous, and Damascus International Airport, in the 

8 Syrian Arab Republie. 

9 "(c) EKHANCED SECURITY TARGETING REQUIRE10 :\m~TS.-

11 "(1) lN GE~E&~.-Except as provided iu para12 graph (2), the Secretary of Homeland Security may, 

13 using the Automated Targeting System operated by 

14 the .:.Jational Targeting Center of U.S. Customs and 

15 Border Protedion, re<prire enhanee<l sereening pro16 cedures to determine whether physical iuspections 

17 are warranted of any cargo bound for or landed in 

18 the United States that19 "(A) has been transported through a sea 

20 port or airport the operator of which has been 

21 identified by the President in accordance ~with 

22 subsection (a)(l) as having repeatecliy failed to 

23 comply with applicable United Nations Security 

24 Council resolutions; 
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21 

"(B) is aboard a vessel or ain~raft, or with2 m a conveyance that has, within the last 365 

3 days, entered the territory, waters, or airspaee 

4 of North Korea, or landed in any of the sea 

5 ports or airports of "\forth Korea; or 

6 "(C) is registered by a country or jurisdic7 tion whose compliance has been identified by 

8 the President as defieient pursuant to sub9 section (a)(2). 

10 "(2) EXGEPTTON FOR FOOD, :VTRDTCTNR, AND 

11 HUlVlANlTARL'lli SHlP~\lE~TS.-Paragraph (1) shall 

12 not apply to any vessel, aircraft, or conveyance that 

13 has entered the territmy, waters, or airspa(~e of 

14 North Korea, or landed in any of the sea ports or 

15 airports of North Korea, exdusively for the purposes 

16 described in section 208(b)(3)(B), or to import food, 

17 medicine, or supplies into Korth Korea to meet the 

18 humanitarian needs of the .:.J orth Korean people. 

19 "(d) SEIZURE AND FORFEITURE.-A vessel, aircraft, 

20 or conveyance used to facilitate any of the activities de21 scribed in section 104(a) under the jurisdiction of the 

22 United States may be seized and forfeited under23 "(1) chapter 46 of title 18, United States Code; 

24 or 
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22 

"(2) part V of title IV of the Tariff Ad of 19:10 

2 (19 U.S.C. 1581 et seq.).". 

3 SEC. 105. ENFORCING COMPLIANCE WITH UNITED NATIONS 

4 SHIPPING SANCTIONS AGAINST NORTH 

5 KOREA. 

6 (a) IN GENERAL.-'l'he Ports and Waterways Safety 

7 Act (33 U.S.C. 1221 et seq.) is amended by adding at 

8 the eml the follo\ving new seetion: 

9 "SEC. 16. PROHIBITION ON ENTRY AND OPERATION. 

10 "(a) PROTTTDT'T'T0~.-

11 "(1) 1~ GK!'\ERAL.-Except as otherwise pro12 v"icled in this section, no vessel described in sub13 sed,ion (b) may enter or operate in the navigable wa14 ters of the United States or transfer cargo in any 

15 port or plaee under the jurisdi(~tion of the 1~ nited 

16 States. 

17 "(2) LIMITATIOK OK APPLICATIOK.-

18 "(A) DE'l'ERl\ilNA'l'lOK BY SECRETARY OF 

19 STATE.-Paragraph (1) shall not apply with re20 spect to a vessel described in subsection (b)(2) 

21 if the Secretary of State determines that the 

22 vessel is no longer registered as described in 

23 that subsectiou. 

24 "(B) KOTICE.-The Secretary of State 

25 shall publish a notice in the Federal Register of 
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28 

eaeh determination made under ~uhparagraph 

2 (A). 

3 "(h) VESSELS DESCRIBED.-A ve~~el referred to in 

4 subsectiou (a) is a foreigu vessel for which a uotice of ar5 rival is required to be filed under section 4(a)(5), and 

6 that7 '' ( 1) IS on the most recent list of vessels pub8 li~hed m Federal Regi~ter under ~nh~edion ( (~ )( 2); 

9 or 

10 "(2) more than 180 days after the publication 

11 of such list, is knowingly registered, pursuaut to the 

12 1 958 Convention on the High Seas entered into 

13 fon~e on September :10, 1962, by a government the 

14 agents or instrumentalities of which are maintaining 

15 a regi~tration of a ves~el that i~ in(~luded on sueh 

16 list. 

17 "(c) INFORl\L~TION A~'JD PUBLICATION.-The Sec18 rctary of the department iu which the Coast Guard is op19 erating, in consultation \vith the Secretary of State, 

20 shall21 "(1) maintain timely information on the reg22 istrations of all foreign vessels over :300 gToss tons 

23 that arc-
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24 

"(A) owne!l or operate!l by or on behalf of 

2 the Government of North Korea or a North Ko3 rean person; 

4 "(B) owned or operated by or ou behalf of 

5 any eountry in whieh a sea port or airport is lo6 rated, the operator of which the President has 

7 identified in the most reeent report submitted 

8 under seetion 205(a)(1) of the North Korea 

9 Sanctions and Poliey Enhancement Aet of 

10 2016; or 

11 "(C) owned or operated by or on behalf of 

12 any eountry identified by the President as a 

13 eountry that has not eornplied with the appliea14 ble United ~ations Security Couneil resolutions 

15 (as sueh term is defined in sedion 8 of sueh 

16 Aet); and 

17 "(2) not later than 180 clays after the elate of 

18 the enactment of this seetion, and periodieally there19 after, publish in the Federal Register a list of the 

20 vessels deseribed in paragraph (1 ). 

21 "(d) ~OTIFICATION OF GOVERNJYIENTS.-

22 "(1) lK GENERAL.-The Seeretary of State 

23 shall noti(y eaeh goverumeut, the ag·ents or instru24 mentalities of whieh are maintaining a registration 

25 of a foreign vessel that is ineluded on a list pub-
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25 

lished under suhsedion (e)(2), not later than :10 

2 days after such publication, that all vessels reg3 istered under sueh g-overnment's authority are sub4 ject to the prohibitiou uuder subsection (a). 

5 "(2) ADDT'T'TO~i\Tj ~O'T'TFTCA'l'TO~.-Tn the case 

6 of a government that continues to maintain a rcg7 istration for a vessel that is included on such list 

8 after reeeiving an initial notifi(~ation umler para9 graph ( 1), the Secretary shall issue an additional no-

] 0 tification to such government not later than 120 

11 days after the publicatiou of a list under subscctiou 

12 (c)(2). 

13 "(e) NOTIFICATIO~ OF VESSELS.-Upon reeeiving a 

14 notice of arrival under section 4( a) ( 5) from a vessel de15 seribed in suhseetion (b), the Se(~retary of the department 

16 in which the Coast Guard is opcratiug shall noti~y the 

17 master of such vessel that the vessel may not enter or op18 crate in the navigable waters of the Cnitcd States or 

19 transfer cargo in any port or place under the jurisdiction 

20 of the United States, unless21 "(1) the Secretary of State has made a deter22 mination under subsection (a)(2); or 

23 "(2) the Secretary of the dcpartmcut m which 

24 the Coast Guard is operating allows provisional 
163


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26 

entry of the ve~~el, or tran~fer of eargo from the ve~-

2 sel, under subsection (f). 

3 "(f) PRUVISIONAL E~TRY OR CARCJ.O TRAKSFER.-

4 N otwithstamling any other provision of this section, the 

5 Secretary of the department in which the Coast Guard is 

6 operating may allow provisional entry of, or transfer of 

7 cargo from, a vessel, if such entry or transfer is necessary 

8 for the ~afety of the ves~el or per~on~ aboard. 

9 "(g) RIGHT OF INNOCENT PASSAGE.-This section 

10 shall not be constmed as authority to restrict the right 

11 of innocent passage as recogni:,-;ed under international law. 

12 "(h) FORRTGN VRSSRTJ DRFT~RD.-Tn this section, 

13 the term 'foreign ve~sel' ha~ the meaning given that term 

14 in section 110 of title 46, Unit eel States Code.". 

15 (h) CONFORJYIIKCt A}LENmLENTS.-

16 (1) SPECIAL POWERS.-Section 4(b)(2) of the 

17 Ports and Waterways Safety Act (33 U.S.C. 

18 1223(b)(2)) is amended by inserting· "or Hi" after 

19 "section 9". 

20 (2) DR~TAL OF RNTR:Y.-Section 13(e) of the 

21 Ports and Waterways Safety Act (:33 U.S.C. 

22 1232(e)) is amended by striking "section 9" and in23 serting "section 9 or 16". 
164


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27 

1 SEC. 106. REPORT ON COOPERATION BETWEEN NORTH 

2 KOREA AND IRAN. 

3 (a) lN GJ£~1£RAL.-Not later than 90 days after the 

4 date of the enactment of this Act, and annually thereafter 

5 for 5 years, the President shall submit to the appropriate 

6 congressional committees a report that ineludes7 ( 1) an a~~es~ment of the extent of eooperation 

8 (including through the transfer of goods, services, or 

9 technology) between North Korea and Iran relating 

10 to their respective nuclear, ballistic missile develop11 ment, chemical or biological weapons development, 

12 or conventional weapons programs; 

13 ( 2 ) the names of any Iranian or North Korean 

14 persons that have knm,~ngly engaged in or di15 rected16 (A) the provision of material support to 

17 ~ueh program~; or 

18 (B) the exchange of information between 

19 Korth Korea and Iran \vith respect to such pro20 grams; and 

21 (:3) a determination whether any of the activi22 tie~ de~erihe!l in paragn1ph~ (1) and (2) violate 

23 United Nations Security Council Hesolution 22:31 

24 (2015). 
165


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28 

(h) FORM.-The report re<plired under suhsed,ion (a) 

2 shall be submitted in unclassified form but may contain 

3 a dassified annex. 

4 SEC. 107. REPORT ON IMPLEMENTATION OF UNITED NA5 TIONS SECURITY COUNCIL RESOLUTIONS BY 

6 OTHER GOVERNMENTS. 

7 (a) IN GENERAL.-Kot later than 180 days after the 

8 date of the enaetment of this Ad, and every 180 days 

9 thereafter for 5 years, the President shall submit to the 

10 appropriate congressional committees a report that evalu11 ates the degree to which the governments of other coun12 tries have knmvingly failed to13 ( 1) dose the representative offi(~es of persons 

14 designated under applicable United Nations Security 

15 Couneil resolutions; 

16 (2) expel any North Koreau natiouals, including 

17 diplomats, working on behalf of such persons; 

18 ( 3) prohibit the opeuiug of new branches, sub19 sicliaries, or representative offices of North Korean 

20 financial institutions \vithin the jurisdictions of such 

21 governments; or 

22 ( 4) expel any representatives of North Korean 

23 fiuancial iustitutions. 
166


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29 

(h) FORM.-The report re<plired under suhsed,ion (a) 

2 shall be submitted in unclassified form but may contain 

3 a dassified annex. 

4 SEC. 108. BRIEFING ON MEASURES TO DENY SPECIALIZED 

5 

6 

7 

FINANCIAL MESSAGING SERVICES TO DESIGNATED NORTH KOREAN FINANCIAL INSTITUTIONS. 

8 (a) IN GENERAL.-Kot later than 1RO days after the 

9 date of the enactment of tlris Act, and every 180 days 

10 thereafter for 5 years, the President shall provide to the 

11 appropriate congressional committees a briefing that in12 eludes the follm,ing information: 

13 ( 1) A list of e~wh person or foreign g-overnment 

14 the President has identified that directly provides 

15 spe<~ialized finaneial messaging servi<~es to, or en16 ables or facilitates direct or indirect access to such 

17 messaging ser·vices for, any North Korean financial 

18 institution (as such term is defined in section 3 of 

19 the Korth Korea Sanctions and Policy Enhancement 

20 Act of 2016 (22 U.S.C. 9202)) desig11ated under an 

21 applicable r1rited .:.J ations Security Council resolu22 tion. 

23 (2) A detailed assessment of the status of ef24 forts by the Secretary of the Treasury to work with 

25 the relevant authorities in the home jurisdictions of 
167


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80 

sueh speeialized finan(~ial messaging- proviclers to end 

2 such provision or access. 

3 (h) FORM.-The briefing required umler subseetion 

4 (a) may be classified. 

s TITLE II-SANCTIONS WITH RE6 SPECT TO HUMAN RIGHTS 

7 ABUSES BY THE GOVERNs MENT OF NORTH KOREA 

9 SEC. 201. SANCTIONS FOR FORCED LABOR AND SLAVERY 

] 0 OVERSEAS OF NORTH KOREANS. 

11 (a) SANCTIONS !<'OR 'l'RAI<'FICKII\G IN PJ£RSONS.-

12 (1) lt\ GENRRAh-Section :302(b) of the "\forth 

13 Korea San(~tions and Poliey Enhaneement Aet of 

14 2016 (22 U.S.C. 9241(b)) is amendedIS (A) in paragntph (1), by striking- "and" at 

16 the cud; 

17 (B) in paragraph (2), by striking the pe18 riod at the end and inserting "; and"; and 

19 (C) by adding at the end the follmving new 

20 paragTaph: 

21 "(3) a list of foreign persons that employ "\forth 

22 Korean laborers.". 

23 (2) 1\DDITIOI\AL DE'l'J£K\1l-'!ATIONS; RE24 PORTS.-\Vith respect to any country identified in 

25 section 302(b)(2) of the Korth Korea Sanctions and 
168


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81 

Poliey Enhan(~ement Ad of 2016 (22 U.S.C. 

2 9241(b)(2)), as amended by paragraph (1), the re3 port required under seetion 802(a) of s1wh Ad 

4 shall5 (A) include a determination whether each 

6 person identified iu sectiou 3 02 (b)( 3) of such 

7 Act (as amended by paragraph ( 1)) who is a 

8 national or a eitizen of sueh identified eountiy 

9 meets the criteria for sanctions under-

] 0 (i) section 111 of the Trafficking Vic11 tims Protection Act of 2000 (22 U.S.C. 

12 71 08) (relating to the prevention of traf13 fieking in persons); or 

14 (ii) section 104(a) or 104(b)(1) of the 

15 )Jorth Korea Sanetions and Poliey En16 hancemeut Act of 2016 (22 U.S.C. 

17 9214(a)), as amended by section 101 of 

18 this Act; 

19 (B) be included m the report required 

20 under section 11 O(b) of the Trafficking Victims 

21 Protection Act of 2000 (22 CS.C. 7107(b)) 

22 (relating to the annual report on trafficking in 

23 persons); aud 

24 (C) be considered m any determination 

25 that the government of such country has made 
169


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2 

3 

4 

82 

~eriou~ and ~u~tained efforts to eliminate ~evere 

forms of trafficking in persons, as such term is 

defined for purpo~e~ of the Traffi(~king- Vi(~tirn~ 

Protection Act of 2000. 

5 (b) SANCTIONS OK FcmETGN PRRSO~S TTTAT EM6 PLOY NORTH 1\DRK'L'\f LABOR.-

7 (1) IN GEKERAL.-Title III of the Korth Korea 

8 San(~tion~ and Poliey Enhaneement Ad of 2016 (22 

9 U.S.C. 9241 et seq.) is amended by inserting after 

10 section 302 the follov.~ng new sections: 

11 "SEC. 302A. REBUTTABLE PRESUMPTION APPLICABLE TO 

12 GOODS MADE WITH NORTH KOREAN LABOR. 

13 "(a) IN GENERAL.-Exeept a~ provi(led in ~ub~e(~tion 

14 (b), any goods, wares, articles, and merchandise mined, 

15 produ(~ed, or rnanufa(~tured wholly or in pad by the labor 

16 of Korth Korean nationals or citi:,-;ens shall be deemed to 

17 be prohibited under section 307 of the Tariff Act of 19:30 

18 (19 U.S.C. 1307) and shall not be entitled to entry at any 

19 of the ports of the United States. 

20 "(b) EXCRPTTOK.-The prohibition described in sub21 section (a) shall not apply if the Commissioner of U.S. 

22 Customs and Border Protection finds, by clear and con23 vincing evidence, that the goods, wares, articles, or mer24 chandise described in such paragraph were not produced 
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vvith eonvid labor, foreed labor, or indentured labor under 

2 penal sanctions. 

3 "SEC. 302B. SANCTIONS ON FOREIGN PERSONS EMPLOYING 

4 NORTH KOREAN LABOR. 

5 "(a) TN GRNRI\.Ah-Except as prm~ded in subsection 

6 (c), the President shall desiguate any person identified 

7 under section 302(b)(3) for the imposition of sanctions 

8 umler suhsed,ion (b). 

9 "(b) hiPOSITION OF SANCTIONS.-

10 "(1) TN GRNRRAJJ.-The President shall impose 

11 the sauctious described in paragraph ( 2) with re12 spect to any person designated under subsection (a). 

13 "(2) SANCTIONS DESCRIBED.-The sanetions 

14 described in this paragraph are sanctions pursuant 

15 to the International Emerg-eney Eeonomie Powers 

16 Act (50 U.S.C. 1701 et seq.) to block and prohibit 

17 all transactions in property and interests in property 

18 of a person designated under subsection (a), if such 

19 property and interests in property are in the r nited 

20 States, come "~thin the United States, or are or 

21 come within the possession or control of a rnited 

22 States person. 

23 "(c) EXCJ<;P'l'lOl'\.-

24 "(1) IN GEKERAL.-A person may not be des25 ignated under subsection (a) if the President cer-
171


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84 

tifies to the appropriate (~ongressional (~ornrnittees 

2 that the President has received reliable assurances 

3 from sueh person that4 "(A) the employmeut of Korth Koreau la5 borers does not result in the direct or indirect 

6 transfer of convertible currency, luxury goods, 

7 or other stores of value to the Government of 

8 Korth Korea: 

9 ''(B) all wages and benefits are provided 

10 directly to the laborers, and are held, as appli11 cable, in accouuts within the jurisdictiou iu 

12 which they reside in locally denominated cur13 reney; and 

14 "(C) the laborers are subject to working 

15 eonditions eonsistent ~with international stand16 ards. 

17 "(2) R,ECERTIFICATION.-Not later than 180 

18 days after the date ou which the President transmits 

19 to the appropriate congressional committees an ini20 tial certification under paragraph (1 ), and every 180 

21 days thereafter, the President shall22 "(A) transmit a recertification stating that 

23 the conditious described in such paragraph con24 tinue to be met; or 
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"(B) if sud1 re(~ertifieation (~annot he 

2 transmitted, impose the sanctions described in 

3 suhseetion (h) beginning on the date on whieh 

4 the President determines that such recertifi5 cation cannot be transmitted.". 

6 (2) CLERICAL AlVlENDlVlKl'\'1'.-'l'he table of con7 tents for the North Korea Sanctions and Policy En8 ham~ernent Ad of 2016 is amended by inserting 

9 after the item relating to section :302 the following 

10 new items: 

"Sec. :302A. Rebuttable presumption ar)plieable to goods made wich North Korean labor. 

"Sec. :302B. Sanctions on foreigu persons en1ploying North Korean labor.". 

11 SEC. 202. MODIFICATIONS TO SANCTIONS SUSPENSION AND 

12 WAIVER AUTHORITIES. 

13 (a) EXKviPTIOKS, WAIVERS, AKD REMOVALS OF 

14 DESlGNA'l'lOK.-

15 (1) EXK\IPTIO~S.-Section 208(a) of the :\forth 

16 Korea Sanctions and Policy Enhancement Act of 

17 2016 (22 U.S.C. 9228(a)) is amended in the matter 

18 preceding paragraph (1 )-

19 (A) by inserting "201A," after "104,"; 

20 and 

21 (B) by inserting "302A, 302B," after 

22 "209,". 

23 (2) lTL\fAKTTARJAN WATVETI .. -Section 208(b) 

24 of the North Korea Sanctions and Policy Enhance-
173


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86 

ment Ad of 2016 (22 CS.C. 9228(h)(1)) is arnend2 ed3 (A) hy inseding "201A," after "104," m 

4 

5 

each place it appears; and 

(D) by inserting "302A, 302D," after 

6 "209(b)," in each place it appears. 

7 (:3) WAIVER.-Section 208(c) of the :\forth 

8 Korea Sall(~tions and Poliey Enhaneement Aet of 

9 2016 (22 r.s.c. 9228(c)) is amended in the matter 

10 preceding paragraph (1 )-

11 (A) by inserting "201A," after "104,"; 

12 and 

13 (B) by inserting "802A, 802B," after 

14 "209(b),". 

15 (h) SUPPORT FOR F~'DHLY REUNIFICATIOK FOR Ko16 RJ<;AK-1\JVIERICANS.-Section 402(2) of the North Korea 

17 Sanctions and Policy Enhancement Act of 2016 (22 

18 U.S.C. 9252(2)) is amended19 (1) in subparagraph (D), by striking "and" at 

20 the end; 

21 (2) in subparagraph (E), by striking the period 

22 at the end and inserting "; and"; and 

23 (3) by adding at the end the following new sub24 paragraph: 
174


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2 

3 

4 

5 

87 

"(F) planning for unrestrieted family reunification meetings, including for those individuals in the Korean-Ameriean (~ommunity who 

maintain family ties with relatives in ~orth 

Korea.". 

6 SEC. 203. REWARD FOR INFORMANTS. 

7 Section :3G(b) of the State Department Basic Au8 thorities Ad of 1956 (22 U.S.C. 270R(b)), is amended9 ( 1) in paragraph ( 9), by striking "or" at the 

10 end; 

11 (2) in paragraph (10), by striking the period at 

12 the end and inserting a semicolon; and 

13 ( 8) by adding at the end the follmving new 

14 paragraphs: 

15 "(11) the identifieation or lo(~ation of any per16 son who, while acting at the direction of or under 

17 the control of a foreign government, aids or abets a 

18 violation of section 1030 of title 18, United States 

19 Code; or 

20 "(12) the dismption of finaneial mechanisms of 

21 any person who has engaged in the conduct de22 seribecl in seetions 104(a) or 104(b)(1) of the :\forth 

23 Korea Sanctions and Policy Enhancement Act of 

24 2016 (22 U.S.C. 2914(a) or (b)(1)).". 
175


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88 

1 SEC. 204. DETERMINATION ON DESIGNATION OF NORTH 

2 KOREA AS A STATE SPONSOR OF TERRORISM. 

3 (a) DETERlVlll'\A'l'lON.-

4 (1) TN GENER.Ah-Not later than 90 days after 

5 the date of the enactment of this Act, the Secretary 

6 of State shall submit to the appropriate COilgres7 sional eommittees a determination whether )Jorth 

8 Korea meets the criteria for designation as a state 

9 sponsor of terrorism. 

10 (2) 11'0RM.-'l'he determination required by 

11 paragraph ( 1) shall be submitted in unclassified 

12 form but may include a classified annex, if appro13 priate. 

14 (b) STATE SPONSOR OF TmmcmTSM DEFTNED.-For 

15 purposes of this section, the term "state sponsor of ter16 rorism" means a country the government of which the 

17 Seeretary of State has determine!l, for purposes of seetion 

18 6(j) of the EA.'})Ort Administration Act of 1979 (50 U.S.C. 

19 4605(j)) (as in effect pursuant to the International Emer20 gency Economic Powers Act), section 62n.:\ of the 11'oreigu 

21 Assistance Act of 1961 (22 U.S.C. 2:371), section 40 of 

22 the Arms EA.llort Control A(~t (22 U.S.C. 2780), or any 

23 other provision of law, is a government that has repeatecUy 

24 provided support for acts of international terrorism. 
176


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2 

89 

TITLE III-GENERAL 

AUTHORITIES 

3 SEC. 301. AUTHORITY TO CONSOLIDATE REPORTS. 

4 1\.ny reports required to be submitted to the appro5 pr-iate congressional committees under this Act or any 

6 amendment made by this Act that are subject to deadlines 

7 for submission consisting of similar units of time may be 

8 consolidated into a single report that is submitted to ap9 propriate eongTe~~ional eommittee~ pursuant to the earlier 

10 of such deadlines. The consolidated reports must contain 

11 all information required under this Act or any amendment 

12 made by this Act, in addition to all other elements man13 dated by pre,~ous law. 

14 SEC. 302. RULE OF CONSTRUCTION. 

15 Nothing in this Act shall be construed to limit the 

16 authority or obligation of the President to apply the sam~-

17 tions described iu section 104 of the !\ orth Korea Sanc18 tions and Policy Enhancement Act of 2016 (22 U.S.C. 

19 9214), as amended by section 101 of this Act, with regard 

20 to persons who meet the criteria for designation under 

21 ~ud1 seetion, or in any other provi~ion of law. 

22 SEC. 303. REGULATORY AUTHORITY. 

23 (a) lt\ GENRRAJJ.-The President shall, not later 

24 than 180 days after the date of the enactment of this Act, 
177


24833u-40.eps

40 

promulg-ate reg1:uations as neeess~ny for the implementa2 tion of this Act and the amendments made by this Act. 

3 (h) NOTIFICATIO~ TO CONCtRE88.-Kot fewer than 

4 10 clays before the promulgation of a regulation under 

5 subsection (a), the President shall notifY and provide to 

6 the appropriate congressional committees the proposed 

7 regulation, specif:ying the provisions of this Act or the 

8 amendments made by this Ad that the regulation is imple9 menting. 

] 0 SEC. 304. LIMITATION ON FUNDS. 

11 No additional funds arc authori11ed to carry out the 

12 requirements of this Act or of the amendments made by 

13 this Ad. Sueh requirements shall be (mrried out using 

14 amounts otherwise authorized. 
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AMENDMENT TO THE AMENDMENT IN THE 

NATURE OF A SUBSTITUTE TO H.R. 1644 

OFFERED BY MR. YOHO OF FLORIDA 

Page 6, strike lines 17 and 18 and insert the following: 

(1) in paragraph (9), by ~triking- "; or" and in2 serting "or auy defense article or defense service (as 

3 such terms are defined in section 47 of the Arms 

4 Export Coutrol Act (22 U.S.C. 2794));"; 

[ZJ 
179

Chairman ROYCE. I now recognize myself to speak on today’s 

business. 

I want to begin by thanking Representative Wilson for his leadership on House Resolution 92, which describes the growing sophistication of North Korea’s nuclear and missile program, and it reaffirms U.S. security commitments to our allies in Northeast Asia. I 

was pleased to see Secretary of State Tillerson say that the U.S. 

is rethinking our response to Kim Jong Un’s dangerous provocations. 

A good place to start would be through aggressive enforcement 

of existing sanctions, as Mr. Wilson’s resolution recognizes, including the North Korea Sanctions and Policy Enhancement Act that 

we on this committee passed out last year. 

A report last month made clear that Pyongyang is using increasingly sophisticated techniques to evade existing sanctions, including through dealings with middlemen and other countries that are 

willing to trade in money, in arms, and in slave labor and that, in 

turn, funds the North Korean regime. 

That is why Ranking Member Engel and I introduced H.R. 1644, 

the Korean Interdiction and Modernization of Sanctions Act. This 

legislation, of course, will expand U.S. sanctions to target these 

front companies that fund the regime’s nuclear and missile programs. 

The bill includes a provision that has been championed by Judge 

Poe, and that is the focus on his H.R. 479, the North Korea State 

Sponsor of Terrorism Act, which passed the House last Congress 

and which we consider again today. This legislation takes on new 

urgency as the regime has reportedly carried out targeted assassinations of North Korean defectors, including the recently widelyreported assassination of Kim Jong Un’s half-brother. 

This legislation requires the State Department to determine 

whether North Korea should be relisted as a State Sponsor of Terrorism. And I want to thank the judge, along with Chairman EmerVerDate 0ct 09 2002 14:35 Apr 18, 2017 Jkt 000000 PO 00000 Frm 00183 Fmt 6633 Sfmt 6633 F:\WORK\_FULL\032917M\24833 SHIRL

24833w.eps
180

itus Ros-Lehtinen for pressing this issue, as well as Ranking Member Engel for working on the refined text the committee is taking 

up today. 

Moving on, I want to also thank Representative Smith for H.R. 

390, the Iraq and Syria Genocide Emergency Relief and Accountability Act. More than a year after the Obama administration—

under pressure from this committee—declared that ISIS’ actions 

against religious minorities in Iraq and Syria constituted ‘‘genocide,’’ a year after that, these communities—which include Christians, Yazidis, Syrians and many others—are still in urgent need 

of assistance. This legislation here recognizes that these minority 

groups in Iraq and Syria are key to the social fabrics of the region 

and authorizes the State Department to support efforts to collect 

and preserve evidence of genocide and crimes against humanity 

carried out by ISIS so that, someday, justice may be served on the 

perpetrators. 

Next, we consider H.R. 672, which reaffirms the U.S. commitment to combatting anti-Semitism, including collaboration between 

U.S. and European law enforcement on efforts to improve security 

for Jewish communities. It also urges European allies to adopt a 

working definition of anti-Semitism, which is key to ensuring that 

this evil is effectively and uniformly confronted. 

And I also thank Representative Sires for his leadership in bringing forward House Resolution 54. This reaffirms the partnership 

between the United States and Argentina. After over a decade of 

economic mismanagement and corruption and alliances with the 

likes of Iran and Venezuela, Argentina took an important turn in 

electing a new President in 2015. Since then, Argentina has undertaken difficult economic reforms to undo the damage and return to 

global markets—and has committed to investigating the 1994 

bombing of the AMIA Jewish cultural center. 

I also want to recognize Representative Torres for her work to 

advance House Resolution 145. Corruption and impunity in Central 

America have fueled many problems across Central America and 

beyond. As this resolution highlights, the U.S. has an important interest in seeing Central American countries strengthen weak institutions to tackle corruption. 

I next want to thank Representative Cicilline for introducing 

House Resolution 137. This honors the life of Shimon Peres. This 

resolution appropriately recognizes the many achievements of this 

great Israeli politician and peacemaker, and expresses this body’s 

condolences to the people of Israel and the family of Shimon Peres 

in their bereavement. 

And lastly, I want to thank Representative Bass for House Resolution 187, highlighting the deadly famine underway in South 

Sudan and urging the U.S. Agency for International Development 

to continue providing emergency food assistance. The resolution 

emphasizes the need to respond with locally-sourced food, and I 

thank her for that, as appropriate, to ensure our efforts save as 

many lives as possible as quickly as possible. 

And I now recognize the ranking member for his remarks. 

Mr. ENGEL. Mr. Chairman, thank you for calling this markup. 

This markup today is indicative of what you and I have both tried 

to do, along with members of this committee on both sides of the 

181

aisle, and that is working in a nonpartisan way to pass legislation 

that is important to the American people. So I thank you again for 

being a good partner in that effort. 

The chairman sets the tone and you have certainly set the right 

one. 

We have nine good measures before us today and I want to 

thank our members for all their hard work. I will start by voicing 

my support for three different measures addressing the ongoing 

challenge of North Korea. They send a clear message that we need 

a careful and comprehensive strategy aimed at building peace and 

stability on the Korean Peninsula. 

I am glad to be an original cosponsor of the chairman’s measure, 

the Korean Interdiction and Modernization of Sanctions Act. This 

bill updates the North Korea Sanctions and Policy Enhancement 

Act. It seeks to build on the U.N. Security Council’s efforts to cut 

off sources of hard currency to the Kim regime and the North Korean nuclear program. 

I have had occasion to travel to North Korea twice, including 

once with our colleague and friend, Joe Wilson, and if or when you 

go there, it is like stepping backwards into a time warp. It is just 

absolutely amazing and interesting. 

I also welcome the bill offered by Chairman Poe and Ranking 

Member Sherman to ask the State Department to take another 

look at North Korea to determine whether or not they should be 

designated as a State Sponsor of Terrorism. And Mr. Wilson’s resolution condemns North Korea’s development of intercontinental 

ballistic missiles, reaffirms America’s commitment to our allies, the 

Republic of Korea and Japan, calls upon China to use its influence 

to bring the North Korea regime back to credible negotiations, and 

encourages a comprehensive diplomatic effort to see that existing 

sanctions against North Korea are fully enforced. 

Democratic and Republican administrations alike have struggled 

with this challenge but we cannot give up. In my view, we need 

sustained high-level attention and relentless diplomatic engagement, and these three measures support that approach. 

I will turn now to the resolution reaffirming the partnership between the United States and Argentina offered by Mr. Sires and 

Mr. Duncan. I have long advocated exploring the untapped potential of the U.S.-Argentina relationship and, since the election of 

Mauricio Macri in late 2015, we have made good progress. 

At the chairman’s and my urging, President Obama quickly 

ramped up engagement with the Macri administration, including a 

visit to Buenos Aires last year. 

President Macri will visit Washington next month. I look forward 

to welcoming him, and I am glad to support this measure, which 

signals our commitment to this relationship. 

Next, I am glad to support Mr. Cicilline’s resolution honoring the 

life of Shimon Peres. In a lifetime, you just don’t meet that many 

people about whom you can say this person helped shape a country, helped build a new democracy from the ground up. That was 

true of Shimon Peres. He was a giant of Jewish history. He is a 

giant of history. He was a champion of Israel and the people of 

Israel and he was a visionary for peace in progress. I attended his 

182

funeral in Israel several months ago. It is a vision we need to keep 

alive, and this measure will help to do so. 

Moving on, I want to thank Congresswoman Torres for her work 

on Central America and for offering her resolution supporting the 

fight against corruption there. A big part of our work in recent 

years to get to the root cause of child migration from Central 

America has been supporting key figures across the region, particularly the Attorneys General in Guatemala, El Salvador, and Honduras and the heads of the International Commission Against Impunity in Guatemala and the mission to support the fight against 

corruption and impunity in Honduras. This resolution underscores 

how important it is to maintain that support and signals that the 

United States stands with those who are committing to ending corrupting in those countries. 

I am also glad to support Ranking Member Bass’ resolution emphasizing the need for continued action to deal with the famine in 

South Sudan. For more than 3 years of conflict, the Government 

of South Sudan and the armed opposition have stood in the way 

of humanitarian assistance, leading to the man-made famine we 

see today. 

Without the United States and our partners, this situation 

would, frankly, be a lot worse. Another reminder of what good a 

strong foreign affairs budget can do. Still, nearly 5 million people 

are in desperate need of food assistance and, without intervention, 

that number will rise by another 1⁄2 million. 

This measure calls for continued strong support to help alleviate 

this crisis and I thank Representative Bass for her leadership. 

Next, let me thank Chairman Smith for his bill aimed at providing support for minority groups victimized by ISIS. The United 

States cannot stand by while genocide is perpetrated against Christians, Yazidis, or any other minority group. Congress said as much 

last year, as did the Obama State Department and this bill follows 

up on those efforts. 

And I was glad to join Chairman Royce to reintroduce the Caesar 

Syria Civilian Protection Act last week to press for an end to that 

conflict. 

Lastly, I am proud to cosponsor a bill introduced by my friend 

from New York, Nita Lowey, the Combating European Anti-Semitism Act. We have seen an alarming resurgence of this ancient hatred, both overseas and here at home, and we need to respond 

forcefully. This measure calls for continued and enhanced reporting 

on anti-Semitic incidents in Europe. It also makes clear why it is 

so important for the United States, other countries, and multilateral bodies to confront this problem, including ensuring the safety 

of European Jewish communities. 

Before I conclude, Mr. Chairman, I would like to reiterate my 

hope that this committee will soon take up two additional pieces 

of legislation dealing with Russia’s criminal interference in last 

year’s election. The Protecting Our Democracy Act would establish 

an independent commission to investigate this issue. Our country 

was attacked. Our democracy is under threat, and too many questions remain unanswered about contacts between the President’s 

campaign and Russian officials. I believe the issue is too important 

to let it get swallowed up by partisan politics. So, let’s get it out 

183

of Congress completely and turn this issue over to a nonpartisan 

body just like we did after the 9/11 attacks. The bill to do that is 

in our committee’s jurisdiction and I hope we can act on it in the 

not too distant future. 

I would also encourage the committee in the future to mark up 

the SECURE Our Democracy Act, which I introduced with Mr. 

Connolly. This bill, nonpartisan on its face, would punish those responsible for interfering in our elections from overseas and send a 

strong warning to anyone thinking of doing so in the future. 

With that, Mr. Chairman, I yield back and I think we have good 

measures on this markup today. 

Chairman ROYCE. Thank you, Mr. Engel. 

We go now to Ileana Ms. Ros-Lehtinen of Florida. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman and the 

ranking member. 

Last September, I had the privilege and honor to be part of the 

delegation representing our great country at the funeral of Shimon 

Peres. Several of our colleagues, as you have heard, on our committee were also part of the delegation—Ranking Member Engel, 

Ted Deutch, Lee Zeldin, Alan Lowenthal, and, of course, David 

Cicilline, who is the author of one of the important resolutions that 

we have before us today honoring the life of this icon, Shimon 

Peres. Thank you, Mr. Cicilline, for your bill. 

I also fully support H.R. 672, the Combating European Anti-Semitism Act. I am an original cosponsor of that bill authored by my 

good friend, Nita Lowey. Nita and I, along with Ranking Member 

Engel, Ted Deutch, and Chris Smith, are all founding members and 

co-chairs of the Bipartisan Task Force for Combating Anti-Semitism. We have seen a steady rise in anti-Semitic incidents across 

Europe, with the Jewish community increasingly targeted for physical and verbal abuse and, alarmingly, targeted in terrorist attacks 

as well. This bill will send a strong message that we and our European allies stand together in promoting the shared values that bind 

us together and that this form of hatred and intolerance has no 

place in today’s world. 

I also want to speak in support of my good friend, Albio Sires’, 

resolution on reaffirming the U.S.-Argentina partnership and I am 

a cosponsor of his bill. President Macri has shown great leadership 

and a commitment to truth and justice by announcing his intention 

to continue to investigate and prosecute those responsible for the 

1994 bombing of the Argentina-Israeli Mutual Association, AMIA, 

in Buenos Aires, Argentina. Earlier this month, we sadly marked 

the 25th anniversary of the terrorist attack on the Israeli Embassy 

in Buenos Aires, which was followed by the 1994 AMIA attack. It 

is no secret that the Iranian-backed terrorist group Hezbollah was 

responsible for these attacks, yet to this day, Iran and Hezbollah 

have evaded justice. It is also commendable that President Macri 

vowed to investigate the suspicious circumstances involving the 

death of Special Prosecutor Alberto Nisman. We have to help President Macri and the Argentinian Government continue his work and 

legacy by bringing those responsible for his death and the terrorist 

attacks to justice. 

I will submit the rest of my statement for the record, supporting 

the three North Korea measures before us today. 

184

Thank you very much, Mr. Chairman and ranking member for 

the time. 

Chairman ROYCE. Thank you Ms. Ros-Lehtinen. 

I think Albio Sires was seeking time from New Jersey. 

Mr. SIRES. I would like to start by thanking Chairman Royce, 

Ranking Member Engel, and their staffs for working with me to 

bring House Resolution 54 to our committee’s first markup for the 

new Congress. 

I would like to thank Chairman Duncan, who is in charge of the 

Western Hemisphere Subcommittee and led a delegation to Argentina last March to help restart relations with the Macri administration. 

House Resolution 54 reaffirms the strong U.S. partnership with 

Argentina. It acknowledges their President, Mauricio Macri, for his 

efforts to make the necessary changes and bring Argentina back 

into the international economy. 

President Macri has worked hard to stimulate growth and bring 

Argentina back as a powerful player in the region after years of 

isolationist views from the Kirchners. 

I was pleased to visit Argentina last year and see firsthand the 

changes the new government was making and it was refreshing to 

see the progress already being made. Most importantly, we received assurances from the Macri administration that they will restart investigations into the horrific 1994 bombing of the AMIA 

Jewish Center in Buenos Aires, which left 85 dead and hundreds 

more injured, and the untimely and suspicious death of prosecutor 

Alberto Nisman, who was found dead under suspicious circumstances on the eve of delivering his explosive report which outlined the connections between the bombing, Iran, and former Argentina President Cristina Kirchner’s effort to cover up these links. 

Unfortunately, the victims of these attacks and their families 

don’t have the answers to what really occurred and troubling reports of Iran’s role in the bombing deserve a thorough investigation 

that finally brings the perpetrators to justice. 

Argentina is a great partner and friend and I believe we must 

continue to support our friends and continue to grow this critical 

relationship. 

I would like to speak in support of Resolution 145 which expresses support for Central America’s fight against corruption. The 

only way to make sure the money invested in Central America 

leads to long-lasting change is to root out corruption and improve 

the rule of law. The brave Attorney General and the leaders of the 

CICIG and MACCHIH Commissions in Guatemala and Honduras 

are leading the change. 

Thelma Aldana, Oscar Chinchilla, Douglas Melendez, Ivan 

Velasquez, and Juan Jimenez are just a few of the brave leaders 

that, even after threats to their own lives, continue to fight to hold 

corrupt officials accountable and reduce the level of impunity. I 

have had the honor of meeting these individuals and have seen the 

great work that they are doing, the challenges they are up against, 

and their commitments to helping Central America. 

I commend Congresswoman Torres, who introduced this timely 

and bipartisan piece of legislation. And I urge all my colleagues to 

185

join in supporting our efforts to fight corruption in Central America. 

Once again, I thank my colleagues for their support and I urge 

your support for H.R. 54 and H.R. 145. 

Thank you. 

Mr. CONNOLLY. Thank you. 

Mr. SIRES. I would like to——

Mr. CONNOLLY. Yes, yield to me. 

Mr. SIRES [continuing]. Yield. 

Mr. CONNOLLY. I thank my friend, Mr. Sires and thank him for 

his passionate H. Res. 145. 

I want to thank the chairman and the ranking member for this 

thoughtful markup. I am pleased to support all of the bills. As cochairman of the Korea Caucus, I am particularly supportive of the 

three bills dealing with the growing threat from North Korea. I 

think it is vital that this committee speak out and that the Congress be heard and that a clear message that is unified and bipartisan be sent to the Korean Peninsula, particularly to those in 

Pyongyang. 

I also thank the chair and ranking member for accepting my 

amendment for a bit of a clarification on humanitarian aspects of 

the sanctions. 

I also want to join in commending the resolution on Shimon 

Peres. I had the privilege of meeting with him for several hours on 

my last trip to Israel and he was a statesman of incomparable ability and, by the way, a stalwart supporter of a two-state solution. 

And I was pleased, recently, to be the coauthor of the letter reaffirming that as the basis for U.S.-Middle East negotiations with 

Mr. David Price of North Carolina, signed by 191 of our colleagues. 

Finally, I want to reiterate what Mr. Engel indicated. It is great 

to start this fresh markup on a bipartisan basis and I hope we can 

continue that tradition but I also believe that Russia represents an 

insidious threat to the electoral process here in the United States. 

The sanctions legislation Mr. Elliott and I have coauthored I think 

is a bill that is properly to be scheduled for markup. I would urge 

the chairman of the majority to do that. I think that this committee 

needs to be heard from on this subject. We shouldn’t just cede it 

to the Intelligence Committees and I hope to have a dialogue with 

the majority on that subject as we move forward. 

And with that, I yield back to my friend, Mr. Sires. 

Chairman ROYCE. Thank you, Mr. Sires. Thank you, Mr. 

Connolly. 

We now go to Mr. Joe Wilson—oh, Mr. Chris Smith was seeking 

time. 

Mr. SMITH. Thank you. Thank you very much, Mr. Chairman. 

First of all, I want to say I support all the bills and I thank you 

and Eliot Engel for again bringing all of us together in a very bipartisan way for a markup for a number of important bills and resolutions. 

H.R. 390, legislation that I have introduced, the Iraq and Syria 

Genocide Emergency Relief and Accountability Act, is long overdue. 

I have chaired nine hearings over the last 3 years on the fact that 

Christians and the Yazidis have been subjected to genocide and 

last December, right before Christmas, traveled to Erbil, visited 

186

many of those who have or are now IDPs in Erbil, and frankly, 

they are not getting aid. They were not getting aid for the last several years. It was bewildering, aggravating, and angering that so 

many people would be bypassed. 

This legislation directs the administration to really provide assistance to these suffering individuals. They are Christians; they 

are Yazidis. Seventy thousand Christians in Erbil, IDPs. I went to 

one of the refugee camps, 6,000 people, not a dime from the U.S. 

Government and that is a gross oversight, indifference, or worse. 

This legislation seeks to correct that. 

Anna Eshoo is the prime cosponsor on the Democratic side and 

I am very, very grateful for her leadership. We have 35 cosponsors, 

including 12 members of this committee. 

The legislation also focuses on accountability. I have had a series 

of hearings on the whole issue of hybrid courts, as opposed to the 

ICC, although if that works, do it, but I don’t think it will. But the 

importance of collecting evidence that is actionable so that people 

who commit these atrocities can be held to account, this legislation 

does that as well and, hopefully, will make a difference in holding 

perpetrators of these crimes against humanity and these war 

crimes to account. 

It is backed by 25 plus organizations. All of the U.S. Ambassadors-at-Large for War Crimes have endorsed it. The former prosecutor for Sierra Leone, who did an outstanding job and prosecuted 

a number of people, including the former President of Liberia. 

David Crane, the chief prosecutor, has testified twice at hearings 

that I have held, he is onboard and thinks this is a very important 

bill on accountability, so we do have a good cross-section of support 

for this legislation. 

Let me also say I am a strong supporter of the Bass resolution. 

We had a hearing yesterday in my subcommittee on the famine in 

eastern Africa in South Sudan, where almost 5 million people are 

at risk and the number is growing, exacerbated by the conflict. I 

was there in Juba last August. It is a fight primarily between the 

Nuer and the Dinka tribes. It is outrageous that the ethnic conflict 

has resulted in thousands, tens of thousands, of lives being lost 

through gunfire and killings of various kinds, but it is made worse, 

a famine because of the conflicts. The same can be said for Somalia 

and other parts of east Africa, where this emerging famine, and 

that was the gist of our hearing yesterday, puts at least 24 million 

people at risk in eastern Africa. The response must be robust. 

We emphasized yesterday the importance of protecting humanitarian aid workers. I pointed that out when I went to Juba. One 

of those workers was from my district who almost got raped in the 

Terrain complex in July of last year. Others were raped. Others 

were beaten and one journalist was killed at that compound. So we 

stressed with Salva Kiir, and I did it personally when I met with 

him, the importance of a zero tolerance policy on sexual assault. It 

has not happened. They have talked about it. They have talked 

about it. It still hasn’t happened. 

Again, this famine resolution I think is extremely important. 

And finally on the issue of the escalating problem of anti-Semitism, I support the Nita Lowey bill. Last week I had another hearing. It was about the 20th hearing on combating anti-Semitism and 

187

we heard from experts in the field just how bad it is in Europe. It 

is getting bad here as well but it has become so widespread that 

even in Sweden there are a number of cities where a man cannot 

even wear traditional garb, particularly the yarmulke and it is a 

very serious problem. We need to collaborate more closely with our 

European friends and really friends everywhere, including in Argentina, where that terrible devastation of 25 years ago remains 

unresolved. And there is great evidence to suggest that it was the 

Iranians who did it. And again, that has not been resolved. 

But I think it is important that we work much closer with our 

European friends to combat anti-Semitism. Last week at the hearing, people like Rabbi Andy Baker, who is the Personal Representative for the OSCE Chair-in-Office on Combating Anti-Semitism, 

gave riveting testimony about how bad it is and getting worse. We 

need to do more. This resolution helps in that regard. 

Thank you. 

Chairman ROYCE. Thank you, Mr. Smith. 

Congresswoman Norma Torres from California. 

Mrs. TORRES. Thank you, Chairman Royce, for putting this resolution forward. And thank you Ranking Member Engel, Chairman 

Duncan, and Ranking Member Sires for your support. 

I would also like to recognize the cosponsors of this resolution, 

in particular my friend from Michigan, Congressman Moolenaar, 

who does not sit on this committee but whose leadership on this 

resolution has been so important. 

Corruption is one of the most serious and difficult challenges facing Guatemala, Honduras, and El Salvador. In recent years, the 

Attorney Generals in these countries have made important 

progress in tackling corruption at the highest levels. They have 

benefited from strong support from the United States and from the 

International Commission against Impunity in Guatemala, led by 

Ivan Velasquez, and the mission to support the fight against corruption and impunity in Honduras, led by Juan Jimenez. 

As they have sought to pursue justice, the Attorney General and 

the leadership of MACCIH and CICIG have faced retaliation in the 

form of death threats, smear campaigns, and efforts to remove 

them from their posts. That is why this resolution is needed. 

House Resolution 145 reaffirms that combating corruption in the 

Northern Triangle is a policy priority for the United States in Central America. It acknowledges that CICIG and MACCIH are currently making important contributions to anti-corruption efforts. It 

urges the Government of Guatemala to continue to cooperate with 

CICIG and the Government of Honduras to continue to cooperate 

with MACCIH. It encourages the Governments of Honduras, Guatemala, and El Salvador to publicly support efforts to fight corruption, to respect the independence of the Judicial Branch and the 

Office of the Attorney General, and to ensure that the Office of the 

Attorney General in each Northern Triangle country receives sufficient domestic budget allocations to carry out their core responsibilities and that budgeted funds are delivered in a timely manner. 

Mr. Chairman, the countries of the Northern Triangle find themselves at a crucial point. They have made significant progress and 

cannot afford to turn back the progress that has been made. This 

188

resolution will send a clear signal to the region that the United 

States continues to stand firmly on the side of the rule of law. 

Thank you and I would also like to thank all of the members 

that have put forward resolutions this morning. It is really great 

to sit here in a committee where we are working in a bipartisan 

way. Thank you all. 

And I yield back. 

Chairman ROYCE. Thank you, Congresswoman Torres. 

We go now to Congressman Joe Wilson of South Carolina. 

Mr. WILSON. Thank you Chairman Ed Royce for holding the 

markup to consider House Resolution 92. I appreciate your extraordinary leadership and also the extraordinary work of Ranking 

Member Eliot Engel. It is encouraging, as was cited by Congresswoman Torres, to see the bipartisan partnership that each of you 

have on behalf of our country. 

When I introduced this resolution in early February, it was in response to North Korea’s threat that they planned to test an intercontinental ballistic missile. This was especially disturbing because 

an ICBM has the capability of reaching the West Coast of the 

United States. 

My concern over the threat of North Korea was underscored by 

a delegation visit with Ranking Member Eliot Engel to Pyongyang, 

a very rare visit to the DPRK. We actually witnessed a dictatorship 

obsessed with regime preservation as the citizens suffer starvation 

and this is in contrast to South Korea, which has become one of 

the world’s wealthiest nations and most successful. 

Since I have introduced the resolution, North Korea has appeared to successfully test an ICBM, launched a satellite into orbit, 

four simultaneous ballistic missiles, three of which landed in Japanese territorial waters, a failed missile launch, and a test of a ballistic missile engine. The regime also claims it is planning another 

nuclear test early next month. 

Even more startling and incredible, last week the regime in 

North Korea released a propaganda video depicting a missile striking a U.S. aircraft carrier and calling for the destruction of the 

American people. 

This rapid pace of North Korea’s almost weekly aggression is 

alarming and concerning to the United States and the citizens of 

South Korea. 

After 8 years of strategic patience, which only emboldened the totalitarian dictatorship even more, I am grateful that President 

Donald Trump is taking the regime and its threat seriously. Secretary of Defense Jim Mattis and Secretary of State Rex Tillerson 

recently visited our allies in Japan and South Korea and the 

United States Ambassador to the United Nations, Nikki Haley, has 

led the efforts to strengthening international sanctions against 

North Korea. 

The administration has also demonstrated peace through 

strength by backing up their commitments to our allies with action. 

We have begun deploying the THAAD missile defense system, recently resumed our annual military training exercises with South 

Korea, and deployed attack drones to protect our servicemembers 

stationed in the region, along with the people of South Korea. 

189

As we attempt to check the growing influence and missile capability of North Korea, Congress, too, has a vital role to play, continuing by passing House Resolution 92 forcefully condemning 

North Korea, put sanctions on the regime and the individuals or 

businesses that sustain it. That is why I appreciate that Chairman 

Ed Royce and Congressman Judge Ted Poe have introduced complementary legislation that makes it clear the United States must 

stand strong against North Korea and for the extraordinary people 

of South Korea. 

I am grateful that the committee is considering House Resolution 

92 and urge the committee to successfully report out the resolution. 

Thank you very much, Mr. Chairman. 

Chairman ROYCE. Thank you. 

We now go to Mr. David Cicilline, Congressman from Rhode Island. 

Mr. CICILLINE. Thank you, Mr. Chairman and Ranking Member 

Engel for holding this markup today. As always, I am pleased that 

this committee has come together in the in the spirit of bipartisanship to pass legislation that deals with a variety of important 

issues. All of the measures being considered today are worthy and 

help advance important causes of which this committee has jurisdiction. 

I am proud to be a cosponsor of many of these bills and the lead 

sponsor of House Resolution 137, which honors the life of Israeli 

leader, Shimon Peres. This resolution, which has the support of 48 

bipartisan cosponsors, including many members of this committee, 

recognizes the important achievements of Shimon Peres in building 

the State of Israel, leading it as its Prime Minister and later President, and striving to achieve peace. 

Shimon Peres was devoted to the cause of the Jewish State and 

worked tirelessly to achieve a lasting peace in the Middle East. He 

was a founding father to the State of Israel and remained, throughout his life, one of its greatest champions. He was a central architect of the Oslo Accords and was respected around the world for his 

strong leadership as Prime Minister and President of Israel. His 

example should be an inspiration to us all. 

Shimon Peres was an immigrant, who left Poland in the early 

1920s to seek a better life of what was then the British-controlled 

Palestinian Mandate. 

After the recognition of the State of Israel by the international 

community, Peres became one of its leading political figures and 

helped guide the country through the hope and turmoil of its early 

days. 

Along with David Ben-Gurion, Peres helped establish the Labor 

Party in 1968 and then went on to serve his country for nearly 50 

years in various capacities, including as defense minister, a member of the Parliament, the Knesset Prime Minister, and ultimately 

President. 

Mr. Peres was instrumental in negotiating the Oslo Accords 

which set the framework negotiating settlement and close working 

relationships between Israel and the Palestinian people. 

Mr. Peres was a pillar of stability, as he led the Israeli people 

as Prime Minister during the frightening and turbulent period following the tragic murder of Yitzhak Rabin in 1995. 

190

And in 1996, still resolved to achieve a lasting peace, he founded 

the Peres Center for Peace dedicated to promoting peace-building 

and cooperation between Israelis and Palestinians. 

Mr. Peres once said that life’s purpose was ‘‘to find a cause that 

is larger than yourself and then to give your life to it.’’ And he 

truly embodied that sentiment. 

I had the pleasure of meeting Shimon Peres numerous times over 

the years and the last time we spoke in March 2015, we discussed 

our mutual hopes for a peaceful future for Israel. With this resolution, we honor the outstanding work that Shimon Peres did over 

the course of his inspirational life and I urge us all to live by his 

example, dedicating our lives to a cause we believe in and hope 

that we may honor his memory by assisting the Israelis and Palestinians in achieving a lasting peace. 

I want to thank the chairman and ranking member for bringing 

this resolution before the committee today and thank my colleagues 

for their bipartisan support for this measure. 

And before I yield back, Mr. Chairman, I would ask unanimous 

consent for the statement of the author of H.R. 672, Nita M. 

Lowey, to be introduced in the record in support of her legislation. 

Chairman ROYCE. Without objection. 

Mr. CICILLINE. And with that, I yield back. 

Chairman ROYCE. Thank you, Congressman Cicilline. 

We go now to Mr. Mike McCaul from Texas. 

Mr. MCCAUL. Thank you, Mr. Chairman. I want to thank you 

and the ranking member for holding this morning’s markup on 

these legislative measures, in particular those pertaining to North 

Korea that I believe are critical to addressing the many foreign policy challenges currently facing the United States. 

I would like to express my support for the three bills that focus 

on the current threats emanating out of the north of the Korean 

Peninsula. 

Mr. Chairman, for years the international community has viewed 

North Korea’s incessant temper tantrums and provocations as little 

more than belligerent bluster. However, Jong Un’s continued ballistic missile tests, including another ballistic missile engine test on 

Monday, the third in recent weeks, is evidence of the regime’s unrelenting quest to develop the ability to launch a nuclear attack far 

beyond its own backyard. Such a quest poses a real and direct 

threat to the national security of the United States and our allies 

in the region. I believe disregarding this threat as simply tough 

talk is extremely dangerous. 

Earlier this month, I authored an op-ed on the steps the United 

States can take to bolster the security of the homeland and our allies in the region to counter this growing threat. Such steps included partnering with our allies in the region to expand missile 

defense shields, building on the deployment of the Terminal High 

Altitude Area Defense, or THAAD systems, already deployed in 

South Korea, all the while enhancing our defenses here at home by 

increasing the number of ground-based interceptors on the West 

Coast, as well as improving intelligence-gathering measures to get 

a clear picture of North Korea’s arsenal. 

I believe the United States should also pursue more aggressive 

sanctions on North Korea, such as secondary sanctions to crack 

191

down on North Korean front companies, black market exchanges, 

and coal experts, all of which allow the radical regime to stay 

afloat, despite legislation signed into law last year imposing stiff 

sanctions on North Korea’s illicit activities, such as counterfeiting 

of U.S. currency and narcotics trafficking. 

The United States should also place North Korea back on the 

State Sponsor of Terrorism list, which it should never have left in 

the first place. And lastly, we must work to counter message the 

regime’s propaganda and redouble U.S. efforts to ensure the people 

of North Korea have access to information from the outside world. 

Grouped together, these pieces of legislation, I believe, send a 

strong signal to the international community and North Korean 

Dictator Kim Jong Un that the United States will not sit idly by 

while its adversaries threaten the peace and security of the region 

and the U.S. homeland. 

Mr. Chairman, I look forward to supporting the passage of these 

bills and encourage my colleagues in the House. I commend you for 

bringing this forward to send a message that North Korea is a 

menace that cannot be ignored and must be tempered. 

Thank you and I yield back. 

Chairman ROYCE. Thank you. 

Congresswoman Karen Bass from California. 

Ms. BASS. Thank you, Mr. Chair. I especially want to thank you 

and your staff for your assistance in H. Res. 187 and I also want 

to thank the ranking member and the chair of the subcommittee, 

who I believe is not here. We had a very good hearing yesterday 

and although this resolution is about South Sudan, I am sorry to 

say that we will probably be coming back again with additional resolutions because we know that the famine is beyond South Sudan. 

On February 20th, 2017, famine was declared formally in two 

counties of Unity State, which is in the northern portion of South 

Sudan. An estimated 100,000 plus people are currently experiencing famine. International humanitarian agencies in South 

Sudan express growing concern that the famine will spread, affecting some 4.9 million men, women, and children, effectively 40 percent of the embattled country’s population. These people are currently considered to be on the brink of starvation. 

The resolution calls on USAID to continue its leadership role in 

providing robust assistance in response to the famine in South 

Sudan. Also, the resolution calls on the Government of South 

Sudan to stop ongoing hostilities and enable humanitarian supplies 

and foods supplies to reach civilians. The resolution specifically 

calls on the Government of South Sudan to allow immediate and 

unrestricted humanitarian access to those areas suffering from 

famine. 

Equally important, it condemns threats against not only the civilian population but humanitarian assistance workers. Today, over 

70 humanitarian workers, mostly of South Sudanese origin, have 

been killed since the beginning of the internal conflict. The resolution cites the attack on Americans at the Terrain camp in July 

2016. 

This resolution is timely and necessary to stem the tide of too 

many lost lives amongst the population of the world’s youngest 

state, South Sudan, calls for the U.S. Government to work with 

192

partners in the international community, including the African 

Union and European Union, and encourages greater diplomatic 

pressure to get the parties to return to negotiations. 

I ask that my colleagues support this amendment in the nature 

of a substitute to House Res. 187. Thank you. 

Chairman ROYCE. Thank you, Congresswoman Bass. 

Chairman Jeff Duncan from South Carolina. 

Mr. DUNCAN. Thank you, Mr. Chairman. I rise to support all the 

measures before the Foreign Affairs Committee this morning but, 

most importantly, I want to talk about my support for H. Res. 54 

put forth by the ranking member of the Western Hemisphere Subcommittee, my good friend, Albio Sires. I am a proud cosponsor of 

that legislation. 

This bill sends a strong message that the United States values 

the relationship with Argentina. It urges the Department of State 

to increase cooperation and commends President Macri for his economic reforms and for resolving most of Argentina’s business disputes, the bondholder issues that many of us have worked on for 

years, and encourages Argentina to continue to investigate and 

prosecute those responsible for the 1994 AMIA bombing. 

Last year, as Ranking Member Sires said, I led a congressional 

delegation to Argentina to see the differences in this country under 

new leadership of President Macri and to re-extend the hand of 

friendship from the United States. At that time, it was clear to me 

that the new Macri administration was intent on fixing the ruinous 

economic policies of the previous government, reestablishing ties 

with friendly governments in the region, including the United 

States, and reasserting Argentina’s role in the region as an important strategic leader. 

Many of you have traveled to Argentina in the past and I can 

tell you that you could almost taste the optimism within the Argentine people and in the air about the future of that country. 

Furthermore, at the OAS, the Organization of American States, 

Argentina has been supportive of the actions of OAS Secretary 

General Almagro, urging the Venezuelan Government to respect 

democracy, human rights, and the rule of law. And I applaud Argentina’s role in that. 

This was my second trip to the AMIA facility, the site of the ’94 

AMIA bombing terrorist attack, the largest loss of life from a terrorist attack in the Western Hemisphere prior to our own attacks 

here in the United States on 9/11. So President Macri is working 

to find justice for the 1994 AMIA bombing terrorist attack and I 

want to commend him for continuing the efforts of special prosecutor Alberto Nisman, who passed away 2 years ago this January—murdered right before he was scheduled to testify and present 

before the Argentine Congress. 

So it is my sincerest hope that President Macri and his Government will find the perpetrators and hold them accountable for 

these heinous crimes. 

Our delegation laid flowers at the site of the AMIA bombing. 

That was the second time I did that. The first time was with Chairman McCaul several years ago. I urge my colleagues, if you do 

travel the region, to visit AMIA and remember what happened 

there, and remember the perpetrators are still at large. 

193

Mr. Chairman, thanks for your leadership on these issues. I want 

to thank the ranking member for his leadership on these issues as 

well. 

And with that, I yield back. 

Chairman ROYCE. Thank you, Mr. Duncan. 

We go now to Mr. Gregory Meeks from New York. 

Mr. MEEKS. Thank you, Mr. Chairman, for calling up, and Mr. 

Ranking Member, H.R. 672 to markup today, bringing an important House Foreign Affairs Committee position on anti-Semitism in 

Europe. 

As ranking member on the Subcommittee on Europe and a proud 

New Yorker, the ties between my district and the Old Continent 

sometimes reveal ugly parallels of contemporary life. Anti-Semitism in Europe is, sadly, not a part of the past. It is not merely 

words. And it is not becoming of any healthy society. Unfortunately, as the resolution acknowledges, anti-Semitism is very much 

alive and well not only in Europe but, unfortunately, in the United 

States also and can be seen even in a great city like my city, New 

York. 

This, indeed, is a transatlantic problem and I applaud this resolution’s acknowledgment that this should be dealt with in multilateral organizations such as the EU and OSCE, where we are members. This work at the international level is for a common human 

cause. Therefore, it is with a solemn pledge to do more to fight this 

scourge and I will vote in support, of course, of H.R. 672. 

I also want to thank you, Mr. Chairman and Mr. Ranking Member, for calling up H. Res. 54. As Chairman Duncan has indicated, 

I have had the opportunity, and I was very impressed, to meet with 

the President, to meet and discuss our shared priorities with President Macri of Argentina. I was very impressed when I had lunch 

with him not too long ago. 

He has been credited with reversing Argentina’s course and making engagement with the United States one of his priorities. Last 

March, following an historic visit to Cuba, President Obama made 

an additional historic visit to Argentina. His visit was the first bilateral visit by a U.S. President in almost two decades. While 

there, he announced that both our countries would launch a highlevel dialogue to strengthen our bilateral relationship. These actions demonstrate our commitment to and our prioritization for our 

relationship with Argentina. 

As a senior member of the Western Hemisphere Subcommittee, 

I am pleased to support a resolution that highlights the importance 

of our relationship with Argentina, as well as the steps taken by 

President Macri and his administration to reform Argentina’s economy. 

And I yield back the balance of my time. 

Chairman ROYCE. Thank you. Thank you, Mr. Meeks. 

Chairman Ted Yoho of Florida. 

Mr. YOHO. Thank you, Mr. Chairman. Thank you Mr. Chairman 

and Ranking Member Engel for bringing before this committee 

such important legislation and for working with me on my amendment to H.R. 1644, the KIMS Act. 

Last week, the Asia Subcommittee held a hearing evaluating 

what options the United States has at its disposal to deal with the 

194

growing North Korean threat. As I noted, Jong Un has dramatically accelerated his belligerent behavior, conducting two nuclear 

tests and two missile launches last year. Since 2015, Kim Jong Un 

has tested more missiles than Kim Jong Il and Kim Il Sung combined, while making continued progress toward an ICBM capable 

of targeting nearly the entire continental U.S. Speculation is widespread that another nuclear test is imminent. 

But while we have seen over two decades of failed approaches of 

North Korea, this committee has continued to lead. We have before 

us a measure that further increased pressure on the brutal and 

belligerent Kim regime by targeting North Korea, North Korean 

slave labor, and expanding sanctions to deter Kim’s nuclear weapons program. 

Again, I want to thank the chairman and ranking members for 

working with me on my amendment to this important legislation, 

which would help enforce a U.N. embargo on foreign countries from 

buying weapons from North Korea. 

We are also considering important legislation authored by Judge 

Poe that rightly pressures the State Department to put North 

Korea back on the State Sponsors of Terrorism List. During last 

week’s Asia Subcommittee hearing on North Korea, I asked our 

panel directly whether the Kim regime should be relisted. Every 

witness on that panel replied that North Korea was a state sponsor 

of terror and North Korea belonged on that list last Congress when 

this committee passed Judge Poe’s legislation. And it deserves to 

be relisted particularly in light of the brazen murder of Kim Jong 

Nam in Malaysia in the Malaysian airport, using VX nerve gas, a 

weapon of mass destruction. 

Finally, I want to offer my strong support for H. Res. 92, which 

condemns North Korea’s development of intercontinental ballistic 

missiles and importantly welcomes the deployment of the THAAD 

in South Korea. 

I also would like to thank the chairman and Mr. Wilson for accepting language I authored that urges the Chinese Government to 

immediately cease its intimidation and retaliation against South 

Korea in an attempt to block the THAAD system. 

We need to be clear. The U.S.-South Korean alliance decision to 

deploy the defense of THAAD system is to counter the threat from 

the Kim regime and no one else, a threat that China is not adequately helping the world community in addressing. China’s decision to punish South Korea is not only regrettable, it is inappropriate. Frankly, China is sanctioning the wrong Korea and Beijing 

needs to do more to crack down on North Korea’s ballistic weapon 

program to stabilize not just the Korean Peninsula or the Asia-Pacific Region but the world. 

Thank you, Mr. Chairman, and I yield back the balance of my 

time. 

Chairman ROYCE. Thank you. 

Congressman Tom Suozzi of New York. 

Mr. SUOZZI. Thank you, Mr. Chairman. I want to thank you, Mr. 

Chairman, and Ranking Member Engel for your leadership of this 

committee and bringing us together in a bipartisan fashion. It is 

such a great honor for me to serve on this committee and to be inVerDate 0ct 09 2002 14:35 Apr 18, 2017 Jkt 000000 PO 00000 Frm 00198 Fmt 6633 Sfmt 6633 F:\WORK\_FULL\032917M\24833 SHIRL
195

volved in these different issues and I am happy to support each of 

these nine resolutions today. 

When looking at each of these resolutions, it emphasizes the idea 

that in the world today, we are facing this great battle between 

stability and instability, places that have control and places that 

are in chaos. And the old battles, when the Soviets and the Americans were propping up countries that were either incompetent, or 

corrupt, or lacked resources but were able to keep them stable is 

a very different world today. So many places in this world today 

are unstable. That is why we have gone from 33 million refugees 

in the world 10 years ago to 65 million refugees today. And this 

committee has such an important role to play in trying to encourage stability and discourage instability. 

These three bills today about North Korea are great examples of 

trying to stop a nation that is trying to promote instability in the 

world. The bill today about Iraq and the Syrian genocide is the 

same concept of people that are trying to create instability in the 

world. 

This anti-Semitism that we see happening throughout Europe 

and much of the world is the same concept. And the corruption 

that we see in Central America is another example of the instability. 

And we are trying to promote stability by trying to address the 

issues of famine in the South Sudan and trying to promote stability 

in Argentina with a good partner there. 

I just want to close up by talking about Shimon Peres. I was fortunate, along with Adriano Espaillat, to meet Shimon Peres back 

in 2002 when he explained the two-state solution concept to us. 

And that idea is really in keeping with this concept of stability 

versus instability. The idea of the two-state solution is that we 

need to have another governed nation that can hold its people accountable so that when there is an effort to try and have peace, 

that people who try and violate that peace can be held accountable 

by a police force or by an army or by a national government that 

will hold those people that want to purvey instability, hold them 

accountable and stop them from that behavior. 

So again, I want to just say thank you so much for the opportunity to serve on this committee. It is a great honor. And thank 

you for the good work that our leaders are doing. I want to congratulate all of my colleagues for the good work that they have 

done here today. Thank you. 

Chairman ROYCE. Thank you. 

We go now to Mr. Espaillat from New York. I believe he is the 

last person requesting time. 

Mr. ESPAILLAT. Thank you, Mr. Chairman, for this opportunity 

to speak on this markup. Certainly, there are many worthy resolutions in this effort. 

The Resolution 54, reaffirming the United States and Argentina’s 

partnership is a worthy one and particularly because it also commits to investigating anti-Semitism and the bombing of a synagogue there in Argentina. 

In addition, there are three resolutions, including Resolution 92, 

condemning North Korea. We must continue to keep sanctions on 

196

that country and the threat that they pose to our nation and the 

world. 

Resolution 137, honoring the life of Shimon Peres, as Congressman Suozzi stated, in 2002 we had the opportunity to meet Shimon 

Peres, a great statesman who advocated for the two-state solution 

and someone that we all look to for guidance, as he left a tremendous legacy for peace in the region. 

In addition, I commend Congresswoman Torres for her Resolution 145, expressing a sense of the House of Representatives regarding the fight against corruption in Central America. We will be 

supportive of that resolution and I hope that in the future, we will 

also be able to take up similar resolutions for other Latin American 

and Caribbean countries that are fighting corruption, one of the 

greatest ills affecting governments in the region. 

The resolutions for famine in Sudan, Iraq and Syria genocide 

emergency relief, and combating European anti-Semitism are all 

very good solutions that I will support. 

I look forward to working in the upcoming markups and I thank 

you, Mr. Chairman, for your good work and your bipartisan efforts 

to include members from both sides of the aisle. 

Chairman ROYCE. Thank you, Mr. Espaillat. 

Hearing no further requests for recognition, the question occurs 

on the items considered en bloc. 

All those in favor say aye. 

All those opposed, no. 

In the opinion of the chair, the ayes have it. The measures considered en bloc are agreed to. Without objection, the measures considered en bloc are ordered favorably reported, as amended. 

Staff is directed to make any technical and conforming changes. 

And the chair is authorized to seek House consideration under suspension of the rules. 

So, that concludes our business for today and I want to thank 

Ranking Member Engel and all of our committee members for their 

contributions, for your assistance with today’s markup. 

The committee is adjourned. 

[Whereupon, at 11:51 a.m., the committee was adjourned.] 

(197)

A P P E N D I X 

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FULL COMMITTEE MARKUP NOTICE 

COMMITTEE ON FOREIGN AFFAIRS 

U.S. HOUSE OF REPRESENTATIVES 

WASHINGTON, DC 20515-6128 

Edward R. Royce (R-CA), Chairman 

March29,2017 

TO: MEMBERS OF THE COMMITTEE ON FOREIGN AFFAIRS 

You are respectfidly requested to attend an OPEN meeting of the Committee on Foreign Affairs, 

to be held in Room 2172 of the Raybum House O±lice Building (and available live on the Committee 

website at l:!ltp://www.For<elgnAffairs.house.gov): 

DATE: 

TIME: 

MARKUP OF: 

Wednesday, March 29, 2017 

10:45 a.m. 

H. Res. 54, Reaffim1ing the United States-Argentina partnership and recognizing 

Argentina"s economic refom1s; 

H. Res. 92, Condemning North Korea's development of multiple intercontinental 

ballistic missiles, and for other purposes; 

H. Res. 137, Honoring the life of Shimon Peres; 

H. Res. 145, Expressing the sense of the House of Representatives regarding the 

fight against conuption in Central America; 

H. Res. 187, Relating to c±Torts to respond to the famine in South Sudan; 

H.R. 390, Iraq and Syria Genocide Emergency Relief and Accountability Act of 

2017; 

H.R. 479, North Korea State Sponsor of Terrorism Designation Act of2017; 

H.R. 672, Combating European Anti-Semitism Act of20 17: and 

H.R. 1644, Korean Interdiction and Modernization of Sanctions Act. 

By Direction of the Chairman 
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24833m-1.eps

COMMITTEE ON FOREIGN AFFAIRS 

MINUTES OF FULL COM:MITTEE lviARKUP 

Day Wednesdar Datc. __ ~3"-·~=-2"'9/.-=2cc0=-I'--7 __ ~Room. ___ -=2-=1-'-72=------

Starting Time -~J._.0._.:.,.5,._0 __ Ending Time _ __:Tc_:T_,_:"-5,._0 __ 

Recesses [·~] (__to_) (__to_) L_to __ ) L_to __ ) L_to _) L_to __ ) 

Presiding Member(s) 

Chairmn.n Edumrd R. Royce 

Check all of the following that apply: 

Open Session [l] 

Executive (closed) Se.•.•ion D Televised [l] 

Electronically Recorded (taped) 0 

Stenographic Record 0 

BILLS FOR 1\'L\RKUP: (Include bill number(sj and title(s) ~f/egislation.) 

See attachetl 

COMI\UTTEE 1\ffiMBERS PRESENT: 

See attached. 

!'\ON-COMMITTEE MK\fBERS PRF$ENT: 

none 

STATEMENTS FOR THE RECORD: (J.i.,·t uny s/'!lemenls submilred.for the record.) U<'R-Rf'JI.IJ(!I'4:/(.'frN/;ne. 

SFR- Rep. HeaJIU RcJ~-Ld1tfnen 

SFR" Rep. Gerold Coml(J7/J' 

ACTIONS TAKEN DURING THE 1\'L\RKIJP: (Attach copies ofky;islation and amendments) 

See markup summary. 

RECORDED VOTES TAKI<:N (l'OH MAHKUl'): (Attach final vote tai!Y sheet lis tiny; each member.) 

Not Voting 

TIME SCHEDULED TO RECONVENE ___ _ 

or 

TIME ADJOURNED 11:50 
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PRESF)\'T 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

HOUSE COMMITTEE ON FOREIGN AFFAIRS 

FUU COMMTTTF.F. MARKUP 

MEMJJER PRESE"!T MEMBER 

Edward R Rovce_ CA X Eliot L. EngeL NY 

Christopher H. Smith, NJ X Brad Sherman, CA 

Ileana Ros-Lehtinen, FL X Grego!' W. Meeks_ NY 

Dana Rohrabacher, C A X Albio Sires, NJ 

Steve Chabot OH X Gerald E. Connolly, VA 

Joe Wilson, SC Theodore E Deutch_ FL 

Michael T. McCaul, TX X Karen Bass, CA 

Ted Poe_ TX X William Keating_ MA 

Darrell lssa. CA X David Cicilline, Rl 

Tom Marino_ PA Ami Bera, CA 

Jefr Duncan_ SC Lois FrankeL FL 

Mo Brooks. AL X Tulsi Gabbard. HI 

Paul Cook, CA X Joaquin Castro, TX 

Scott Perrv, PA X Robin Kelly, TL 

Ron DeSantis_ FL Brendan Boyle_ P A 

Mark Meadows, NC Dina Titus, NV 

TedYoho.FL X Norma Torres_ CA 

Adam Kinzinger,TL X Brad Schneider, TL 

Lee Zeldin, NY X Tom Suoai_ NY 

Dan Donovan, NY X Adriano EspaillaL NY 

James F. Sensenbrenner_ Jr .. WI Ted Lieu, CA 

Ann Wagner_ MO 

Brian J MasL FL 

Brian K. Fi!Lpatrick, PA 

Francis Rooney, FL 

Thomas A GarrelL Jr., VA 
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3/29/17 Foreign Mfairs Committee Markup Summary 

By unanimous consent, the Chair called up the following measures and amendments, previously 

provided to Members, to be considered en hloc 

1. H. Res. 54 (Sires). Reaffirming the United States-Argentina partnership and recognizing 

Argentina's economic refonns; 

a. Sires 10, an amendment in the nature of a substitute. 

2. H. Res. 92 (Wilson), Condemning North Korea's development of multiple 

intercontinental ballistic missiles, and for other purposes; 

a. Wilson amendment in the nature of a substitute to H. Res. 92. 

3. H. Res. 137 (Cicillinel, Honoring the life of Shimon Peres. 

4. H. Res. 145 (Torres), Expressing the sense of the House of Representatives regarding the 

fight against conuption in Central America; 

a. Torres amendment in the nature of a substitute to H. Res 145. 

5. H. Res. 187 (Bass), Relating to efforts to respond to the famine in South Sudan; 

a. Bass 27, an amendment in the nature of a substitute. 

6. H.R. 390 (Smith), Iraq and Syria Genocide Emergency Relief and Accountability Act of 

2017; 

a. Smith 23, an amendment in the nature of a substitute 

1) Smith amendment 29, an amendment to Smith 23. 

7. H.R. 479 (Poe), North Korea State Sponsor of Terrorism Designation Act 

a. Poe 25, an amendment in the nature of a substitute. 

8. H.R. 672 (Lowey), Combating European Anti-Semitism Act of2017, 

a. Ros-Lehtinen amendment 14 to H.R. 672 

9. H.R. 1644 (Royce), Korean Interdiction and Modernization of Sanctions Act; 

a. Royce 2, an amendment in the nature of a substitute 

1) Yoho amendment 8, an amendment to Royce 2 

2) Connolly amendment 9, an amendment to Royce 2. 

The measures considered en bloc were agreed to by voice vote. 

By unanimous consent, the measures as amended were ordered favorably reported to the House, 

and the Chairman was authorized to seek House consideration under suspension of the rules. 

The Committee adjourned. 
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MATERIAL SUBMITTED FOR THE RECORD BY THE HONORABLE DAVID CICILLINE, A

REPRESENTATIVE IN CONGRESS FROM THE STATE OF RHODE ISLAND

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Chairman Ros-Lehtinen 

Full Committee MarkupNarious Measures 

Wednesday, March 29,2017 -10:45am; 2172 

Page 1 of 2 

Last September, I had the privilege and honor to be part of the delegation representing the United States at 

the funeral of Shimon Peres. 

Several of our colleat,'l!es on this Committee were also part of the delegation Ranking Member Engel, 

Ted Deutch, Lee Zeldin, Alan Lowenthal and of course, David Cicilline. 

Mr Cicilline is the author of one of the resolutions we have before us today, honoring the life of Shimon 

Peres 

Shimon Peres was an icon- a founding father of the democratic Jewish State of Israel; 

The world mourned with the people oflsrael on his passing, and I can think of few better ways to honor 

his life and his legacy by passing this resolution and by continuing our work in Congress to help Israel 

achieve the future he always saw for it. 

l also fully support HR 672- the Combating European Anti-Semitism Act 

I am an original cosponsor of this bill, authored by my good friend Nita Lowey. 

Nita and I, along with Ranking Member Engel, Ted Deutch and Chris Smith, are all founding Members 

and co-Chairs of the Bipartisan Taskforce for Combating Anti-Semitism. 

We have seen a steady rise in anti-Semitic incidents across Europe in recent years, with the Jewish 

community increasingly targeted for physical and verbal abuse, and alarmingly, targeted in terrorist 

attacks as well. 

This bill will send a strong message that we and our European allies stand together in promoting the 

shared values that bind us together, and that this form of hatred and intolerance has no place in today' s 

world. 

I also want to speak in strong support of my good friend Albia Sires' resolution on rea±Iirming the U.S.-

Argentina partnership, of which I am also an original cosponsor 

Argentina and the United States have a chance to renew and strengthen our bilateral relationship under 

President Macri, who has taken steps to reverse Argentina's backward slide. 

He has made some tough, but much needed economic refonns, and he has shown that Argentina is willing 

to be engaged in areas of mutual interest for our two countries 

He has also shown great leadership and a commitment to truth and justice by announcing his intention to 

continue to investigate and prosecute those responsible for the 1994 bombing of the Argentine-Israeli 

Mutual Association (AMIA) in Buenos Aires. 

Earlier this month, we marked the 251

h anniversary of the terrorist attack on the Israeli Embassy in Buenos 

Aires, which was followed by the 1994 AMIA attack. 
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Page 2 of 2 

It's no secret that the Iranian-backed terrorist group, Hezbollah, was responsible for these attacks, yet to 

this day, Iran and Hezbollah have evaded justice. 

It's also commendable that President Macri vowed to investigate the suspicious circumstances involving 

the death of Special Prosecutor, Alberto Nisman. 

We must help President Marci and the Argentinian government continue his work and legacy by bringing 

those responsible for his death and for the terrorist attacks to justice. 

I also wanted to briefly express my support for the three North Korea measures we have before us today 

Each of these measures work together to send a strong message to Pyongyang that its belligerence will not 

be tolerated, and that we will hold the regime and its officials accountable for its actions. 

By enforcing and expanding the current sanctions we have against North Korea, we will cut off the 

regime's access to hard currency and its ability to procure materials it needs for its nuclear and ballistic 

missile programs 

l would also note that North Korean regime is one of the world's worst human rights abusers, and I intend 

on reintroducing a bill that would reauthorize our human rights sanctions laws against the regime in the 

near future. 

It's also time to revisit North Korea's status as a State Sponsor of Terrorism. 

l stood in ardent opposition to the Bush administration's decision to remove North Korea from the SST 

list, and called for both the Bush and Obama administrations to relist Pyongyang. 

It's far past time to correct this error in judgment, and it has to start by having an honest and transparent 

determination made on the regime's support for terror 

So I fully support all of these measures, Mr. Chairman, and l urge my colleat,'l!es to support them as well 
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Statement for the Record 

Submitted by Mr. Connolly of Virginia 

H. Res. 54, Reaffirming the United States-Argentina partnership and recognizing 

Argentina's economic reforms. 

Since President Mauricio Macri was elected in November 2015, the U.S. and Argentina have 

strengthened relations based on our shared values, including respect for human rights and 

democratic development in Latin America. President Macri has vowed to rebuild Argentina's 

economy by reintegrating it into the global economic system. This resolution commemorates the 

return to historically strong U.S.-Argentine relations, and sends a message of support for the 

important economic reforms undertaken by President Macri. 

H. Res. 92, Condemning North Korea's development of multiple intercontinental ballistic 

missiles, and for other purposes. 

1 am pleased to cosponsor H. Res. 92, which condemns North Korea's intercontinental ballistic 

missile (ICBM) and nuclear weapons program. In response to the threat emanating from 

Pyongyang, the U.S. and South Korea made a joint decision to deploy the Terminal High 

Altitude Area Defense (THAAD) system to protect South Korean security and alliance military 

forces. The first pieces of the THAAD system began arriving in South Korea earlier this month. 

Once deployment is completed, TIIAAD will provide upgraded ballistic missile defense 

capabilities on the Korean Peninsula. This resolution urges China to cease its attempts to block 

TIIAAD and calls upon Beijing to pressure North Korean leaders to dismantle their nuclear and 

missile programs. Importantly, H. Res. 92 calls on the United States to both enforce sanctions on 

North Korea and to undertake a rigorous diplomatic effort to urge the global community to fully 

enforce international sanctions on the regime in Pyongyang. 

H. Res. 137, Honoring the life of Shimon Peres 

Shimon Peres was a tireless advocate for peace between Israelis and Palestinians. H. Res. 137 

recognizes his historic career, in particular highlighting his role in negotiating the Oslo Accords, 

for which he was awarded the Nobel Peace Prize. I recently led a letter with Representative 

David Price to President Trump reaffirming longstanding U.S. support for the two-state solution, 

which garnered nearly 200 signatures in the House. In honor of Shimon Peres, I am proud to 

continue U.S. support for the two-state solution to the Israeli-Palestinian conflict, a cause for 

which he remained an optimistic and enthusiastic voice throughout his entire life As a friend and 

colleague of Shimon Peres, I am glad to cosponsor this resolution honoring his dedication to 

ensuring the security and prosperity oflsrael. 

H. Res. 145, Expressing the sense of the House of Representatives regarding the fight 

against corruption in Central America 

High levels of government corruption in the Northern Triangle countries of Honduras, 

Guatemala, and El Salvador hinder economic development, weaken faith in democracy, and 

allow criminal drug trafficking to proliferate. H. Res. 145 reaffirms that combating corruption in 

these countries is an important policy priority for the United States and urges the governments of 

Honduras, Guatemala, and El Salvador to respect the independence of the judicial branch to 

tackle corruption 
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H. Res. 187, Relating to efforts to respond to the famine in So nth Sudan 

On February 20, 2017, the United Nations declared famine in parts of South Sudan, a designation 

that signifies people have already started dying of hunger. An ongoing armed conflict has 

ravaged the country for three years, and the Government of South Sudan has deliberately 

impeded humanitarian access to opposition communities in need. Currently 100,000 people are 

affected by this "man-made" famine, but an estimated 5.5 million people are at risk for starvation 

by mid-year. H. Res. 187, which l am proud to cosponsor, resolves that USAID should continue 

to provide robust assistance and food aid to reach vulnerable populations, and urges the South 

Sudanese government to allow immediate and unrestricted humanitarian access to the region 

where famine is underway. 

H.R. 390, Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017 

H.R. 390, the Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017, states 

that it is the policy of the United States to ensure that assistance for humanitarian, stabilization, 

and recovery needs is directed toward those individuals and communities with the greatest need, 

including those individuals from communities of religious and ethnic minorities. This bill will 

also support the identification and prosecution of perpetrators of genocide, crimes against 

humanity, and war crimes in Iraq and Syria. 

H.R. 479, North Korea State Sponsor of Terrorism Designation Act of 2017 

H.R. 479, the North Korea State Sponsor of Terrorism Designation Act of 2017, requires the 

Secretary of State to determine whether or not North Korea meets the standard to be designated 

as a State Sponsor of Terrorism within 90 days of enactment. After the U.S. originally designated 

North Korea as a State Sponsor of Terrorism in 1988, we rescinded the designation following 

commitments by North Korea to dismantle its nuclear program in 2008. However, North Korea 

has conducted a number of activities related to support for terrorism, including providing support 

to Hezbollah, cyber-hacking levied against non-military targets in South Korea and the United 

States, and multiple assassinations of North Koreans in foreign countries. This bill expresses a 

sense of congress that the North Korean government likely meets the criteria for designation as a 

state sponsor of terrorism. 

H.R. 672, Combating European Anti-Semitism Act of 2017 

H.R. 672, the Combating European Anti-Semitism Act of 2017, expresses a sense of Congress 

that it is in the US national interest to combat anti-Semitism at home and abroad. The State 

Department has documented a troubling rise in anti-Semitic incidents in Europe. The bill also 

amends the International Religious Freedom Act of 1988 to require the State Department's 

Annual Report on International Religious Freedom to include information on security challenges 

and efforts to combat anti-Semitism for each European country where threats or attacks against 

Jewish communities are particularly significant. 

H.R. 1644, Korean Interdiction and Modernization of Sanctions Act 

Thank you to Chairman Royce and Ranking Member Engel for bringing H.R. 1644, the Korean 

Interdiction and Modernization of Sanctions Act, to the Full Committee for markup. This 

legislation, which I am pleased to cosponsor, updates and expands the North Korea Sanctions 

and Policy Enhancement Act of2016 (P.L. 114-122). That bill included two of my amendments 

one conditioning sanctions relief on the promotion of family reunifications for Koreans and 

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24833z-3.eps

Korean Americans, and another to ensure that U.S. policy toward North Korea is infonned by the 

recommendations made in the United Nations' commission of Inquiry on Human Rights in North 

Korea. 

In response to several North Korean nuclear and ballistic missile tests throughout 2016, the 

United States helped negotiate the passage of United Nations Security Council (UNSC) 

Resolutions 2270 and 2231, which strengthened the UN. sanctions regime against the DPRK. 

HR. 1644 builds on these UNSCRs by expanding mandatory and discretionary sanctions on 

North Korean government transactions involving precious metals and minerals, jet tuel, coal, 

iron ore, and textiles. The bill amends the Trafficking Victims Protection Act to require reporting 

on countries and persons that host laborers ±rom North Korea. It also provides restrictions on 

US. foreign assistance to any country that buys or sells military equipment ±rom the DPRK. 

Connolly Amendment- Maternal and Lnild Health, Disease Prevention and Re.5ponse 

Exceptions 

I want to thank the Chainnan and Ranking Member for working with me on an amendment to 

the foreign assistance prohibitions. This amendment will ensure that US. sanctions against North 

Korea do not impede the provision of vital U.S. assistance to developing countries for maternal 

and child health, and disease prevention and response. The U.S. President's Emergency Plan for 

AIDS Relief (PEPF AR) is currently supporting lifesaving treatment for more than 11.5 million 

men, women, and children. Since 2000, the President's Malaria Initiative has helped to save an 

estimated 6.8 million lives through the procurement and distribution of insecticide-treated 

mosquito nets and antimalarial treatments. Thanks to sustained US. investment in critical health 

interventions, the United States is poised to help end preventable child and maternal deaths 

worldwide within a generation. 

US. global health programs not only save millions oflives, but they are also an essential 

component of US. national security. These e±Torts empower developing countries to build more 

stable communities, while also enhancing economic and diplomatic partnerships with the United 

States. Healthier populations foster regional stability because deadly diseases are less likely to 

cross borders and productive workers yield economic growth. My amendment will sustain the 

momentum of these successful global health programs, which are critical to save lives, 

adequately respond to global health threats, and protect US. national security.