th st congress session h. r. 4027 · 3 •hr 4027 ih 1 title i—sanctions with re- 2 spect to the...

I

115TH CONGRESS 1ST SESSION H. R. 4027

To require global economic and political pressure to support diplomatic

denuclearization of the Korean Peninsula, including through the imposi-

tion of sanctions with respect to the Government of the Democratic

People’s Republic of Korea and any enablers of the activities of that

Government, and to reauthorize the North Korean Human Rights Act

of 2004, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 11, 2017

Mrs. WAGNER (for herself, Mrs. CAROLYN B. MALONEY of New York, and Mr.

GALLAGHER) introduced the following bill; which was referred to the

Committee on Foreign Affairs, and in addition to the Committees on Fi-

nancial Services, and Intelligence (Permanent Select), for a period to be

subsequently determined by the Speaker, in each case for consideration

of such provisions as fall within the jurisdiction of the committee con-

cerned

A BILL To require global economic and political pressure to support

diplomatic denuclearization of the Korean Peninsula, in-

cluding through the imposition of sanctions with respect

to the Government of the Democratic People’s Republic

of Korea and any enablers of the activities of that Gov-

ernment, and to reauthorize the North Korean Human

Rights Act of 2004, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

VerDate Sep 11 2014 00:14 Oct 13, 2017 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4027.IH H4027lotte

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1

(a) SHORT TITLE.—This Act may be cited as the 2

‘‘Leverage to Enhance Effective Diplomacy Act of 2017’’ 3

or the ‘‘LEED Act’’. 4

(b) TABLE OF CONTENTS.—The table of contents for 5

this Act is as follows: 6

Sec. 1. Short title; table of contents.

TITLE I—SANCTIONS WITH RESPECT TO THE DEMOCRATIC

PEOPLE’S REPUBLIC OF KOREA AND ITS ENABLERS

Sec. 101. Findings.

Sec. 102. Sanctions with respect to the Government of the Democratic People’s

Republic of Korea and its enablers.

Sec. 103. Strategy to end use of North Korean laborers by other countries.

TITLE II—REAUTHORIZATION OF NORTH KOREAN HUMAN

RIGHTS ACT OF 2004

Sec. 201. Short title.

Sec. 202. Reauthorization of the North Korean Human Rights Act of 2004.

TITLE III—REVIEW OF POLICY TOWARD THE DEMOCRATIC

PEOPLE’S REPUBLIC OF KOREA

Sec. 301. Addressing the nuclear and ballistic missile threat posed by the

Democratic People’s Republic of Korea.

Sec. 302. Briefings on United States engagement with the Democratic People’s

Republic of Korea.

Sec. 303. Report on United States citizens detained by the Democratic People’s

Republic of Korea.

Sec. 304. Report and strategy relating to use of rocket fuels for ballistic mis-

siles by the Democratic People’s Republic of Korea.

Sec. 305. Appropriate congressional committees defined.

TITLE IV—STRATEGY TO DIPLOMATICALLY AND ECONOMICALLY

ISOLATE THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA

Sec. 401. Report on effecting a strategy to diplomatically and economically iso-

late the Democratic People’s Republic of Korea.

Sec. 402. Authorization to alter United States relations with countries enabling

the Democratic People’s Republic of Korea.

Sec. 403. Authorization to terminate or reduce United States foreign assistance

to countries enabling the Democratic People’s Republic of

Korea.

Sec. 404. Appropriate congressional committees defined.


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TITLE I—SANCTIONS WITH RE-1

SPECT TO THE DEMOCRATIC 2

PEOPLE’S REPUBLIC OF 3

KOREA AND ITS ENABLERS 4

SEC. 101. FINDINGS. 5

Congress makes the following findings: 6

(1) The Government of the Democratic People’s 7

Republic of Korea has flagrantly defied the inter-8

national community by illicitly developing its nuclear 9

and ballistic missile programs, in violation of United 10

Nations Security Council Resolutions 1718 (2006), 11

1874 (2009), 2087 (2013), 2094 (2013), 2270 12

(2016), 2321 (2016), 2371 (2017), and 2375 13

(2017). 14


Republic of Korea engages in gross human rights 16

abuses against its own people and citizens of other 17

countries, including the United States, the Republic 18

of Korea, and Japan. 19

(3) The United States is committed to pursuing 20

a peaceful denuclearization of the Democratic Peo-21

ple’s Republic of Korea through a policy of max-22

imum pressure and engagement, in close concert 23

with its partners. 24


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SEC. 102. SANCTIONS WITH RESPECT TO THE GOVERN-1

MENT OF THE DEMOCRATIC PEOPLE’S RE-2

PUBLIC OF KOREA AND ITS ENABLERS. 3

(a) BLOCKING OF PROPERTY.—On and after the date 4

that is 180 days after the date of the enactment of this 5

Act, the President shall block and prohibit all transactions 6

in all property and interests in property of a person de-7

scribed in subsection (d) if such property and interests in 8

property are in the United States, come within the United 9

States, or are or come within the possession or control 10

of a United States person. 11

(b) FACILITATION OF CERTAIN TRANSACTIONS.— 12

The President shall prohibit the opening, and prohibit or 13

impose strict conditions on the maintaining, in the United 14

States of a correspondent account or a payable-through 15

account by a foreign financial institution that the Presi-16

dent determines has knowingly, on or after the date that 17

is 180 days after the date of the enactment of this Act, 18

conducted or facilitated a significant transaction with re-19

spect to the importation, exportation, sale, or transfer of 20

goods, services, or technology to or from the Democratic 21

People’s Republic of Korea on behalf of a person described 22

in subsection (d). 23

(c) IMPORTATION, EXPORTATION, SALE, OR TRANS-24

FER OF GOODS AND SERVICES.—The President shall im-25

pose sanctions pursuant to the International Emergency 26


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Economic Powers Act (50 U.S.C. 1701 et seq.) with re-1

spect to a person if the President determines that the per-2

son knowingly, on or after the date that is 180 days after 3

the date of the enactment of this Act, imports, exports, 4

purchases, or transfers goods, services, or technology to 5

or from a person described in subsection (d). 6

(d) PERSONS DESCRIBED.—A person described in 7

this subsection is any of the following: 8


Republic of Korea or any political subdivision, agen-10

cy, or instrumentality of that Government. 11

(2) Any person owned or controlled, directly or 12

indirectly, by that Government. 13

(3) Any person acting or purporting to act, di-14

rectly or indirectly, for or on behalf of that Govern-15

ment. 16

(4) The following entities: 17

(A) Dandong Zhicheng Metallic Material 18

Co. Ltd. 19

(B) Dandong Kehua Economic and Trade 20

Co. 21

(C) Dandong Xinyang Chemical Rubber 22

Co. 23

(D) Dandong Zhongze Trade Co. Ltd. 24

(E) Dandong Tianfu Trade Co. Ltd. 25


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(F) Hunchun Xinshidai Industry and 1

Trade Co. Ltd. 2

(G) Dandong Qiancang Trading Co. Ltd. 3

(H) Dalian West Pacific Petrochemical. 4

(I) Dandong Hao Du Trading Co. Ltd. 5

(J) Dandong Dongyuan Industrial Devel-6

opment Co. Ltd. 7

(5) Any person affiliated with an entity de-8

scribed in paragraph (4). 9

(6) Any person affiliated with an entity identi-10

fied by the Secretary of the Treasury as a signifi-11

cant importer or exporter of goods, services, or tech-12

nology to or from the Democratic People’s Republic 13

of Korea. 14

(7) Any person who knowingly unloads, loads, 15

services, fuels, maintains, provides insurance or rein-16

surance for, or otherwise engages in a significant 17

transaction with a vessel owned, operated, or con-18

trolled by the Government of the Democratic Peo-19

ple’s Republic of Korea or any political subdivision, 20

agency, or instrumentality of that Government. 21

(8) Any person who knowingly engages in a sig-22

nificant transaction with a person owned, operated, 23

or controlled by the Government of the Democratic 24


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•HR 4027 IH

People’s Republic of Korea or any political subdivi-1

sion, agency, or instrumentality of that Government. 2

(e) EXEMPTIONS.—The following activities are ex-3

empt from sanctions under this section: 4

(1) Activities subject to the reporting require-5

ments under title V of the National Security Act of 6

1947 (50 U.S.C. 3091 et seq.). 7

(2) Authorized intelligence activities of the 8

United States. 9

(3) Activities necessary to comply with United 10

States obligations under the Agreement between the 11

United Nations and the United States of America 12

regarding the Headquarters of the United Nations, 13

signed at Lake Success June 26, 1947, and entered 14

into force November 21, 1947, the Convention on 15

Consular Relations, done at Vienna April 24, 1963, 16

and entered into force March 19, 1967, or any other 17

international agreement. 18

(4) Activities incidental to the POW/MIA ac-19

counting mission in the Democratic People’s Repub-20

lic of Korea, including activities by the Defense 21

POW/MIA Accounting Agency and other govern-22

mental or nongovernmental organizations tasked 23

with identifying or recovering the remains of mem-24


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bers of the United States Armed Forces in the 1

Democratic People’s Republic of Korea. 2

(f) WAIVERS.— 3

(1) IN GENERAL.—The President may waive 4

the application of sanctions under this section with 5

respect to a person if the President— 6

(A)(i) determines that the person is no 7

longer engaged in sanctionable activities; or 8

(ii) determines that the waiver is in the na-9

tional security interest of the United States; 10

and 11

(B) submits to the appropriate congres-12

sional committees a report on the determination 13

and the reasons for the determination. 14

(2) HUMANITARIAN WAIVER.— 15

(A) IN GENERAL.—The President may 16

waive, for renewable periods of not less than 30 17

days and not more than one year, the applica-18

tion of sanctions under this section if the Presi-19

dent submits to the appropriate congressional 20

committees a written determination that the 21

waiver is necessary for humanitarian assistance 22

or to carry out the humanitarian purposes set 23

forth in section 4 of the North Korean Human 24

Rights Act of 2004 (22 U.S.C. 7802). 25


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(B) CONTENT OF WRITTEN DETERMINA-1

TION.—A written determination submitted 2

under subparagraph (A) with respect to a waiv-3

er shall include a description of all notification 4

and accountability controls that have been em-5

ployed in order to ensure that the activities cov-6

ered by the waiver are humanitarian assistance 7

or are carried out for the purposes set forth in 8

section 4 of the North Korean Human Rights 9

Act of 2004 (22 U.S.C. 7802) and do not entail 10

any activities in the Democratic People’s Re-11

public of Korea or dealings with the Govern-12

ment of the Democratic People’s Republic of 13

Korea not reasonably related to humanitarian 14

assistance or those purposes. 15

(C) CLARIFICATION OF PERMITTED AC-16

TIVITIES.—An internationally recognized hu-17

manitarian organization shall not be subject to 18

sanctions under this section for— 19

(i) engaging in a financial transaction 20

relating to humanitarian assistance or for 21

humanitarian purposes pursuant to a waiv-22

er issued under subparagraph (A); 23

(ii) transporting goods or services that 24

are necessary to carry out operations relat-25


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•HR 4027 IH

ing to humanitarian assistance or humani-1

tarian purposes pursuant to such a waiver; 2

or 3

(iii) having merely incidental contact, 4

in the course of providing humanitarian 5

assistance or aid for humanitarian pur-6

poses pursuant to such a waiver, with indi-7

viduals who are under the control of a for-8

eign person subject to sanctions under this 9

section. 10

(g) RULE OF CONSTRUCTION.—A person described in 11

subsection (d) is subject to sanctions under this section 12

without regard to whether the name of the person is pub-13

lished in the Federal Register or incorporated into the list 14

of specially designated nationals and blocked persons 15

maintained by the Office of Foreign Assets Control of the 16

Department of the Treasury. 17

(h) REPORTS.— 18

(1) IN GENERAL.—Not later than 210 days 19

after the date of the enactment of this Act, and 20

every 90 days thereafter, the President shall submit 21

to the appropriate congressional committees a list of 22

persons (including foreign financial institutions) 23

with respect to which sanctions are imposed— 24


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(A) in the case of the first list, before the 1

submission of the list; and 2

(B) in the case of any subsequent list, dur-3

ing the 90 days preceding the submission of the 4

list. 5

(2) FORM OF REPORT; PUBLIC AVAILABILITY.— 6

(A) FORM.—The list required by para-7

graph (1) shall be submitted in unclassified 8

form but may contain a classified annex. 9

(B) PUBLIC AVAILABILITY.—The unclassi-10

fied portion of the list required by paragraph 11

(1) shall be made available to the public and 12

posted on the websites of the Department of the 13

Treasury and the Department of State. 14

(i) DEFINITIONS.—In this section: 15

(1) APPROPRIATE CONGRESSIONAL COMMIT-16

TEES.—The term ‘‘appropriate congressional com-17

mittees’’ means— 18

(A) the Committee on Foreign Relations 19

and the Committee on Banking, Housing, and 20

Urban Affairs of the Senate; and 21

(B) the Committee on Foreign Affairs and 22

the Committee on Financial Services of the 23

House of Representatives. 24


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(2) CORRESPONDENT ACCOUNT; PAYABLE- 1

THROUGH ACCOUNT.—The terms ‘‘correspondent ac-2

count’’ and ‘‘payable-through account’’ have the 3

meanings given those terms in section 5318A of title 4

31, United States Code. 5

(3) FOREIGN FINANCIAL INSTITUTION.—The 6

term ‘‘foreign financial institution’’ has the meaning 7

given that term in section 561.308 of title 31, Code 8

of Federal Regulations (or any corresponding similar 9

regulation or ruling). 10

(4) HUMANITARIAN ASSISTANCE.—The term 11

‘‘humanitarian assistance’’ means assistance to meet 12

humanitarian needs, including needs for food, medi-13

cine, medical supplies, clothing, and shelter. 14

(5) KNOWINGLY.—The term ‘‘knowingly’’, with 15

respect to conduct, a circumstance, or a result, 16

means that a person has actual knowledge, or should 17

have known, of the conduct, the circumstance, or the 18

result. 19

(6) PERSON.—The term ‘‘person’’ means an in-20

dividual or entity. 21

(7) UNITED STATES PERSON.—The term 22

‘‘United States person’’ means— 23


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(A) a United States citizen or an alien law-1

fully admitted for permanent residence to the 2

United States; and 3

(B) an entity organized under the laws of 4

the United States or any jurisdiction within the 5

United States, including a foreign branch of 6

such an entity. 7

SEC. 103. STRATEGY TO END USE OF NORTH KOREAN LA-8

BORERS BY OTHER COUNTRIES. 9

(a) IN GENERAL.—Not later than 30 days after the 10

date of the enactment of this Act, the Secretary of State 11

shall submit to the Committee on Foreign Relations of the 12

Senate and the Committee on Foreign Affairs of the 13

House of Representatives a strategy for leveraging the 14

sanctions imposed pursuant to section 302B of the North 15

Korea Sanctions and Policy Enhancement Act (22 U.S.C. 16

9241b) to persuade countries that import North Korean 17

laborers in a manner described in section 302(b)(1)(L) of 18

that Act (22 U.S.C. 9241(b)(1)(L)) to end that practice. 19

(b) FORM OF REPORT.—The strategy required by 20

subsection (a) shall be submitted in unclassified form but 21

may include a classified annex. 22


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TITLE II—REAUTHORIZATION OF 1

NORTH KOREAN HUMAN 2

RIGHTS ACT OF 2004 3

SEC. 201. SHORT TITLE. 4

This title may be cited as the ‘‘North Korean Human 5

Rights Reauthorization Act of 2017’’. 6

SEC. 202. REAUTHORIZATION OF THE NORTH KOREAN 7

HUMAN RIGHTS ACT OF 2004. 8

(a) HUMAN RIGHTS AND DEMOCRACY PROGRAMS.— 9

Section 102(b)(1) of the North Korean Human Rights Act 10

of 2004 (22 U.S.C. 7812(b)(1)) is amended by striking 11

‘‘2017’’ and inserting ‘‘2022’’. 12

(b) PROMOTING FREEDOM OF INFORMATION.—Sec-13

tion 104 of the North Korean Human Rights Act of 2004 14

(22 U.S.C. 7814) is amended by striking ‘‘2017’’ each 15

place it appears and inserting ‘‘2022’’. 16

(c) REPORT BY SPECIAL ENVOY ON NORTH KOREAN 17

HUMAN RIGHTS.—Section 107(d) of the North Korean 18

Human Rights Act of 2004 (22 U.S.C. 7817(d)) is amend-19

ed by striking ‘‘2017’’ and inserting ‘‘2022’’. 20

(d) REPORT ON HUMANITARIAN ASSISTANCE.—Sec-21

tion 201(a) of the North Korean Human Rights Act of 22

2004 (22 U.S.C. 7831(a)) is amended, in the matter pre-23

ceding paragraph (1), by striking ‘‘2017’’ and inserting 24

‘‘2022’’. 25


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(e) ASSISTANCE PROVIDED OUTSIDE OF NORTH 1

KOREA.—Section 203(c)(1) of the North Korean Human 2

Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended 3

by striking ‘‘2017’’ and inserting ‘‘2022’’. 4

(f) ANNUAL REPORTING.—Section 305(a) of the 5

North Korean Human Rights Act of 2004 (22 U.S.C. 6

7845(a)) is amended, in the matter preceding paragraph 7

(1), by striking ‘‘2017’’ and inserting ‘‘2022’’. 8

TITLE III—REVIEW OF POLICY 9

TOWARD THE DEMOCRATIC 10

PEOPLE’S REPUBLIC OF 11

KOREA 12

SEC. 301. ADDRESSING THE NUCLEAR AND BALLISTIC MIS-13

SILE THREAT POSED BY THE DEMOCRATIC 14

PEOPLE’S REPUBLIC OF KOREA. 15


date of the enactment of this Act, and every 90 days there-17

after, the President shall submit to the appropriate con-18

gressional committees a report on the efforts of the Presi-19

dent to achieve peaceful denuclearization of the Korean 20

Peninsula and to eliminate the threat posed by the ballistic 21

missile program of the Democratic People’s Republic of 22

Korea. 23

(b) ELEMENTS.—Each report required by subsection 24

(a) shall include the following: 25


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(1) A description of the President’s overall pol-1

icy objectives with regard to the Democratic People’s 2

Republic of Korea. 3

(2) An assessment by the intelligence commu-4

nity (as defined in section 3(4) of the National Secu-5

rity Act of 1947 (50 U.S.C. 3003(4))) of the status 6

of the nuclear and ballistic missile programs of the 7

Democratic People’s Republic of Korea, including 8

what elements constitute such programs, and any 9

technological advancements, disruptions, or setbacks 10

to such programs. 11

(3) A summary of all sanctions imposed by the 12

United States with respect to the Democratic Peo-13

ple’s Republic of Korea relating to its nuclear and 14

ballistic missile programs pursuant to all applicable 15

statutes, regulations, and Executive orders and a 16

strategy outlining how the President intends to use 17

those authorities to impose additional sanctions with 18

respect to the Democratic People’s Republic of 19

Korea if necessary. 20

(4) A summary of all sanctions designations by 21

the United Nations Security Council pursuant to all 22

applicable United Nations Security Council resolu-23

tions. 24


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(5) An assessment of and strategy for coun-1

tering the cyber capabilities of the Democratic Peo-2

ple’s Republic of Korea, including its efforts to con-3

duct cyber and corporate espionage, to commit illicit 4

commercial and financial activities through inter-5

national cyber systems, and to suppress opposition 6

to and spread propaganda in support of the nuclear 7

and ballistic missile activities of the Democratic Peo-8

ple’s Republic of Korea. 9

(6) A summary of activities of the Democratic 10

People’s Republic of Korea relating to evading sanc-11

tions imposed with respect to its nuclear and bal-12

listic missile programs. 13

(7) An assessment of the sources of, and the 14

methods of the Democratic People’s Republic of 15

Korea for procuring, critical components for its nu-16

clear and ballistic missile programs, including liquid 17

and solid rocket fuels and components, navigation 18

and guidance systems, computer and electrical com-19

ponents, and specialized materials. 20

(8) A summary of the United States strategy to 21

increase international coordination and cooperation, 22

whether unilaterally, bilaterally, or multilaterally, in-23

cluding sanctions enforcement and interdiction, to 24

address the threat posed by the nuclear and ballistic 25


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•HR 4027 IH

missile programs of the Democratic People’s Repub-1

lic of Korea. 2

(9) An assessment of the adequacy of the na-3

tional export control regimes of countries that are 4

members of the United Nations, and multilateral ex-5

port control regimes, that are necessary to enforce 6

sanctions imposed with respect to the Democratic 7

People’s Republic of Korea pursuant to United Na-8

tions Security Council resolutions and an action plan 9

to encourage and assist countries in adopting and 10

using authorities necessary to enforce export con-11

trols required by United Nations Security Council 12

resolutions. 13

(10) A summary of ongoing efforts by the 14

United States to identify strategies and policies, in-15

cluding an assessment of the strengths and weak-16

nesses of such strategies and policies, to achieve 17

peaceful denuclearization of the Korean Peninsula 18

and to eliminate the threat posed by the ballistic 19

missile program of the Democratic People’s Republic 20

of Korea. 21

(11) An assessment of potential roadmaps to-22

ward peaceful denuclearization of the Korean Penin-23

sula and the elimination of the nuclear and ballistic 24

missile threats posted by the Democratic People’s 25


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•HR 4027 IH

Republic of Korea, and specific actions the Demo-1

cratic People’s Republic of Korea would need to take 2

for each such roadmap to become viable. 3

(12) A description of specific measures that the 4

President has taken, or anticipates taking, to imple-5

ment the ‘‘maximum pressure and engagement’’ pol-6

icy. 7

(c) FORM OF REPORT.—Each report required by sub-8

section (a) shall be submitted in unclassified form but may 9

include a classified annex. 10

SEC. 302. BRIEFINGS ON UNITED STATES ENGAGEMENT 11

WITH THE DEMOCRATIC PEOPLE’S REPUBLIC 12

OF KOREA. 13

Not later than 30 days after the date of the enact-14

ment of this Act, and regularly thereafter, the Secretary 15

of State or a designee of the Secretary shall brief the ap-16

propriate congressional committees on the status of any 17

United States diplomatic engagement with the Govern-18

ment of the Democratic People’s Republic of Korea. 19

SEC. 303. REPORT ON UNITED STATES CITIZENS DETAINED 20

BY THE DEMOCRATIC PEOPLE’S REPUBLIC 21

OF KOREA. 22

(a) IN GENERAL.—Notwithstanding any other provi-23

sion of law, not later than 30 days after the date of the 24

enactment of this Act, and every 180 days thereafter, the 25


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Secretary of State shall submit to the appropriate congres-1

sional committees a report on United States citizens de-2

tained by the Government of the Democratic People’s Re-3

public of Korea, including United States citizens who are 4

also citizens of other countries. 5


(a) shall include, with respect to each United States cit-7

izen detained by the Government of the Democratic Peo-8

ple’s Republic of Korea, the following: 9

(1) The name of the United States citizen. 10

(2) A description of the circumstances sur-11

rounding the detention of the United States citizen. 12

(3) An assessment of the health and welfare of 13

the United States citizen. 14

(4) An assessment of whether any United 15

States Government or foreign government officials 16

have been provided access to the United States cit-17

izen. 18

(5) A summary of any communications or com-19

ments by officials of the Government of the Demo-20

cratic People’s Republic of Korea regarding the de-21

tention and welfare of the United States citizen. 22

(6) A summary of official communications by 23

United States Government officials or foreign gov-24

ernment officials, or other persons acting on behalf 25


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•HR 4027 IH

of those officials regarding the United States citizen, 1

including efforts to secure the release of the United 2

States citizen. 3

(7) A summary of unofficial communications by 4

other persons with officials of the Government of the 5

Democratic People’s Republic of Korea regarding 6

the United States citizen, including efforts to secure 7

the release of the United States citizen. 8

(c) FORM OF REPORTS.—Each report required by 9

subsection (a) shall be submitted in unclassified form but 10

may include a classified annex. 11

(d) INTERIM BRIEFINGS.—During periods between 12

the submission of reports under subsection (a), the Sec-13

retary of State shall brief the appropriate congressional 14

committees on any significant updates on the status and 15

welfare of any United States citizens detained by the Gov-16

ernment of the Democratic People’s Republic of Korea. 17

SEC. 304. REPORT AND STRATEGY RELATING TO USE OF 18

ROCKET FUELS FOR BALLISTIC MISSILES BY 19

THE DEMOCRATIC PEOPLE’S REPUBLIC OF 20

KOREA. 21

(a) REPORT REQUIRED.— 22

(1) IN GENERAL.—Not later than 90 days after 23

the date of the enactment of this Act, and every 90 24

days thereafter, the Director of National Intel-25


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•HR 4027 IH

ligence, in conjunction with the Secretary of State, 1

shall submit to the appropriate congressional com-2

mittees a report on the use by the Democratic Peo-3

ple’s Republic of Korea of unsymmetrical dimethyl 4

hydrazine and other rocket fuels to power its bal-5

listic missiles. 6

(2) ELEMENTS.—Each report required by para-7

graph (1) shall include the following: 8

(A) An assessment of each type of rocket 9

fuel the Democratic People’s Republic of Korea 10

uses, or potentially may use, to power its bal-11

listic missiles, including the chemical precur-12

sors, production process, and required produc-13

tion equipment for each such type of rocket 14

fuel. 15

(B) With respect to each such type of 16

rocket fuel, an assessment of the following: 17

(i) Whether the use of that type of 18

rocket fuel by the Democratic People’s Re-19

public of Korea is prohibited under United 20

Nations Security Council resolutions, other 21

multilateral sanctions imposed on the 22

Democratic People’s Republic of Korea, or 23

sanctions imposed by the United States 24


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•HR 4027 IH

with respect to the Democratic People’s 1

Republic of Korea. 2

(ii) Whether the Democratic People’s 3

Republic of Korea imports that type of 4

rocket fuel as a finished product or im-5

ports chemical precursors and manufac-6

tures the finished product. 7

(iii) The countries from which the 8

Democratic People’s Republic of Korea im-9

ports that type of rocket fuel as a finished 10

product or from which the Democratic 11

People’s Republic of Korea imports the 12

chemical precursors and equipment to 13

manufacture that type of rocket fuel. 14

(iv) The size and locations of the 15

Democratic People’s Republic of Korea’s 16

stockpiles, if any, of that type of rocket 17

fuel. 18

(v) Whether that type of rocket fuel 19

can be attributed to its original exporter 20

based on unique chemical signatures or 21

other relevant identifying information. 22

(3) FORM OF REPORT.—The report required by 23

paragraph (1) shall be submitted in unclassified 24

form but may include a classified annex. 25


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(b) STRATEGY REQUIRED.—The Secretary of State, 1

in consultation with the heads of relevant agencies, shall 2

develop a diplomatic strategy to end the transfer of all 3

rocket fuels and chemical precursors for rocket fuels to 4

the Democratic People’s Republic of Korea. 5

(c) SENSE OF CONGRESS.—It is the sense of Con-6

gress that the United States Ambassador to the United 7

Nations should introduce a resolution to the United Na-8

tions Security Council— 9

(1) to request that the Panel of Experts on the 10

Democratic People’s Republic of Korea established 11

by United Nations Security Council Resolution 1874 12

(2009) investigate the importation and manufacture 13

by the Democratic People’s Republic of Korea of 14

rocket and ballistic missile fuels, including unsym-15

metrical dimethyl hydrazine and other fuels or their 16

chemical precursors; and 17

(2) to specifically prohibit the exportation to 18

the Democratic People’s Republic of Korea of un-19

symmetrical dimethyl hydrazine and any other rock-20

et fuels or precursor chemicals to rocket fuels. 21

SEC. 305. APPROPRIATE CONGRESSIONAL COMMITTEES 22

DEFINED. 23

In this title, the term ‘‘appropriate congressional 24

committees’’ means the Committee on Foreign Relations 25


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•HR 4027 IH

of the Senate and the Committee on Foreign Affairs of 1

the House of Representatives. 2

TITLE IV—STRATEGY TO DIP-3

LOMATICALLY AND ECONOMI-4

CALLY ISOLATE THE DEMO-5

CRATIC PEOPLE’S REPUBLIC 6

OF KOREA 7

SEC. 401. REPORT ON EFFECTING A STRATEGY TO DIP-8

LOMATICALLY AND ECONOMICALLY ISOLATE 9

THE DEMOCRATIC PEOPLE’S REPUBLIC OF 10

KOREA. 11


date of the enactment of this Act, and every 180 days 13

thereafter, the Secretary of State or a designee of the Sec-14

retary shall submit to the appropriate congressional com-15

mittees a report on actions taken by the United States 16

to diplomatically and economically isolate the Democratic 17

People’s Republic of Korea. 18


(a) shall include the following: 20

(1) A description of the actions taken by the 21

Secretary of State, or designees of the Secretary, to 22

consult with governments around the world, with the 23

purpose of inducing those governments to diplomati-24


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•HR 4027 IH

cally and economically isolate the Democratic Peo-1


(2) A description of the actions taken by those 3

governments to implement measures to diplomati-4



(3) A list of countries the governments of which 7

the Secretary has determined to be noncooperative 8

with respect to implementing measures to diplomati-9



(4) A plan of action to engage with, and in-12

crease cooperation with respect to the Democratic 13

People’s Republic of Korea, by the governments of 14

the countries on the list required by paragraph (3). 15

(c) FORM OF REPORT.—Each report required by sub-16

section (a) shall be submitted in unclassified form but may 17

include a classified annex. 18

SEC. 402. AUTHORIZATION TO ALTER UNITED STATES RE-19

LATIONS WITH COUNTRIES ENABLING THE 20

DEMOCRATIC PEOPLE’S REPUBLIC OF 21

KOREA. 22

(a) IN GENERAL.—The Secretary of State may take 23

such actions as are necessary to induce countries to take 24

measures to diplomatically and economically isolate the 25


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Democratic People’s Republic of Korea on the list required 1

by section 401(b)(3). 2

(b) ACTIONS INCLUDED.—Actions described in sub-3

section (a) may include— 4

(1) reduction of the diplomatic presence in the 5

United States of countries on the list required by 6

section 401(b)(3); and 7

(2) reduction of the diplomatic presence of the 8

United States in those countries. 9

(c) CONSULTATION.—Not less than 15 days before 10

taking any action under subsection (a), the Secretary shall 11

consult with the appropriate congressional committees 12

with respect to the action. 13

SEC. 403. AUTHORIZATION TO TERMINATE OR REDUCE 14

UNITED STATES FOREIGN ASSISTANCE TO 15

COUNTRIES ENABLING THE DEMOCRATIC 16

PEOPLE’S REPUBLIC OF KOREA. 17

(a) IN GENERAL.—The Secretary of State may ter-18

minate or reduce United States foreign assistance to coun-19

tries on the list required by section 401(b)(3). 20

(b) ASSISTANCE INCLUDED.—Assistance terminated 21

or reduced under subsection (a) may include— 22

(1) assistance under chapter 4 of part II of the 23

Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 24

seq.; relating to the Economic Support Fund); 25


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(2) military assistance provided pursuant to 1

section 23 of the Arms Export Control Act (22 2

U.S.C. 2763; relating to the Foreign Military Fi-3

nancing Program); and 4

(3) assistance provided under chapter 5 of part 5

II of the Foreign Assistance Act of 1961 (22 U.S.C. 6

2347 et seq.; relating to international military edu-7

cation and training). 8

(c) CONSULTATION.—Not less than 15 days before 9

taking any action under subsection (a), the Secretary shall 10

consult with the appropriate congressional committees 11

with respect to the action. 12

SEC. 404. APPROPRIATE CONGRESSIONAL COMMITTEES 13

DEFINED. 14

In this title, the term ‘‘appropriate congressional 15

committees’’ means— 16

(1) the Committee on Foreign Relations and 17

the Committee on Appropriations of the Senate; and 18

(2) the Committee on Foreign Affairs and the 19

Committee on Appropriations of the House of Rep-20

resentatives. 21

Æ


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th st congress session h. r. 4027 · 3 •hr 4027 ih 1 title i—sanctions with re- 2 spect to the...

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