I 

112TH CONGRESS 

2D SESSION H. R. 4240 

To reauthorize the North Korean Human Rights Act of 2004, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2012 

Ms. ROS-LEHTINEN (for herself, Mr. BERMAN, Mr. SMITH of New Jersey, Mr. 

ACKERMAN, Mr. BURTON of Indiana, Mr. FALEOMAVAEGA, Mr. ROHRABACHER, Mr. MANZULLO, Mr. SHERMAN, Mr. ROYCE, Mr. SIRES, Mr. 

WOLF, Mr. DEUTCH, Mr. CHABOT, Mrs. SCHMIDT, Mr. POE of Texas, 

Mr. TURNER of New York, Mr. MCGOVERN, Mr. KELLY, Mr. FORTENBERRY, Mr. MEEKS, and Mr. ENGEL) introduced the following bill; which 

was referred to the Committee on Foreign Affairs 

A BILL 

To reauthorize the North Korean Human Rights Act of 

2004, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ambassador James 

5 R. Lilley and Congressman Stephen J. Solarz North 

6 Korea Human Rights Reauthorization Act of 2012’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) The North Korean Human Rights Act of 

2 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) 

3 and the North Korean Human Rights Reauthoriza4 tion Act of 2008 (Public Law 110–346) were the 

5 product of broad, bipartisan consensus regarding the 

6 promotion of human rights, transparency in the de7 livery of humanitarian assistance, and the impor8 tance of refugee protection. 

9 (2) In addition to the longstanding commitment 

10 of the United States to refugee and human rights 

11 advocacy, the United States is home to the largest 

12 Korean population outside of northeast Asia, and 

13 many in the two-million strong Korean-American 

14 community have family ties to North Korea. 

15 (3) Although the transition to the leadership of 

16 Kim Jong-Un after the death of Kim Jong-Il has in17 troduced new uncertainties and possibilities, the fun18 damental human rights and humanitarian conditions 

19 inside North Korea remain deplorable, North Ko20 rean refugees remain acutely vulnerable, and the 

21 findings in the 2004 Act and 2008 Reauthorization 

22 remain substantially accurate today. 

23 (4) Media and nongovernmental organizations 

24 have reported a crackdown on unauthorized border 

25 crossing during the North Korean leadership transiVerDate Mar 15 2010 04:06 Mar 23, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4240.IH H4240

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1 tion, including authorization for on-the-spot execu2 tion of attempted defectors, as well as an increase 

3 in punishments during the 100-day official mourning 

4 period after the death of Kim Jong-Il. 

5 (5) Notwithstanding high-level advocacy by the 

6 United States, the Republic of Korea, and the 

7 United Nations High Commissioner for Refugees, 

8 China has continued to forcibly repatriate North Ko9 reans, including dozens of presumed refugees who 

10 were the subject of international humanitarian ap11 peals during February and March of 2012. 

12 (6) The United States, which has the largest 

13 international refugee resettlement program in the 

14 world, has resettled 128 North Koreans since pas15 sage of the 2004 Act, including 23 North Koreans 

16 in fiscal year 2011. 

17 (7) In a career of Asia-focused public service 

18 that spanned more than half a century, including 

19 service as a senior United States diplomat in times 

20 and places where there were significant challenges to 

21 human rights, Ambassador James R. Lilley also 

22 served as a director of the Committee for Human 

23 Rights in North Korea until his death in 2009. 

24 (8) Following his 18 years of service in the 

25 House of Representatives, including as Chairman of 


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1 the Foreign Affairs Subcommittee on East Asian 

2 and Pacific Affairs, Stephen J. Solarz committed 

3 himself to, in his words, highlighting ‘‘the plight of 

4 ordinary North Koreans who are denied even the 

5 most basic human rights, and the dramatic and 

6 heart-rending stories of those who risk their lives in 

7 the struggle to escape what is certainly the world’s 

8 worst nightmare’’, and served as co-chairman of the 

9 Committee for Human Rights in North Korea until 

10 his death in 2010. 

11 SEC. 3. SENSE OF CONGRESS. 

12 It is the sense of Congress that— 

13 (1) the United States should continue to seek 

14 cooperation from foreign governments to allow the 

15 United States to process North Korean refugees 

16 overseas for resettlement in the United States, 

17 through persistent diplomacy by senior officials of 

18 the United States, including United States ambas19 sadors to Asia-Pacific countries, and close coopera20 tion with its ally, the Republic of Korea; and 

21 (2) because there are genuine refugees among 

22 North Koreans fleeing into China who face severe 

23 punishments upon their forcible return, the United 

24 States should urge the People’s Republic of China 

25 to— 


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1 (A) immediately halt its forcible repatri2 ation of North Koreans; 

3 (B) fulfill its obligations pursuant to the 

4 1951 United Nations Convention Relating to 

5 the Status of Refugees, the 1967 Protocol Re6 lating to the Status of Refugees, and the 1995 

7 Agreement on the Upgrading of the UNHCR 

8 Mission in the People’s Republic of China to 

9 UNHCR Branch Office in the People’s Repub10 lic of China; and 

11 (C) allow the United Nations High Com12 missioner for Refugees (UNHCR) unimpeded 

13 access to North Koreans inside China to deter14 mine whether such North Koreans are refugees 

15 requiring protection. 

16 SEC. 4. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY 

17 PROGRAMS. 

18 Section 102(b)(1) of the North Korean Human 

19 Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended 

20 by striking ‘‘2012’’ and inserting ‘‘2017’’. 

21 SEC. 5. RADIO BROADCASTING TO NORTH KOREA. 

22 Not later than 120 days after the date of the enact23 ment of this Act, the Broadcasting Board of Governors 

24 (BBG) shall submit to the appropriate congressional com25 mittees, as defined in section 5(1) of the North Korean 


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1 Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report 

2 that describes the status and content of current United 

3 States broadcasting to North Korea and the extent to 

4 which the BBG has achieved the goal of 12-hour-per-day 

5 broadcasting to North Korea pursuant to section 103 of 

6 such Act (22 U.S.C. 7813). 

7 SEC. 6. ACTIONS TO PROMOTE FREEDOM OF INFORMA8 TION. 

9 Subsections (b)(1) and (c) of section 104 of the 

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

11 7814) is amended by striking ‘‘2012’’ and inserting 

12 ‘‘2017’’ each place it appears. 

13 SEC. 7. SPECIAL ENVOY ON NORTH KOREAN HUMAN 

14 RIGHTS ISSUES. 

15 Section 107(d) of the North Korean Human Rights 

16 Act of 2004 (22 U.S.C. 7817(d)) by striking ‘‘2012’’ and 

17 inserting ‘‘2017’’. 

18 SEC. 8. REPORT ON UNITED STATES HUMANITARIAN AS19 SISTANCE. 

20 Section 201(a) of the North Korean Human Rights 

21 Act of 2004 (22 U.S.C. 7831(a)) is amended, in the mat22 ter preceding paragraph (1), by striking ‘‘2012’’ and in23 serting ‘‘2017’’. 


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1 SEC. 9. ASSISTANCE PROVIDED OUTSIDE OF NORTH 

2 KOREA. 

3 Section 203(c)(1) of the North Korean Human 

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

5 by striking ‘‘2012’’ and inserting ‘‘2017’’. 

6 SEC. 10. ANNUAL REPORTS. 

7 Section 305(a) of the North Korean Human Rights 

8 Act of 2004 (22 U.S.C. 7845(a)) is amended, in the mat9 ter preceding paragraph (1) by striking ‘‘2012’’ and in10 serting ‘‘2017’’. 

Æ 


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