H. R. 4240 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Ambassador James R. Lilley 

and Congressman Stephen J. Solarz North Korea Human Rights 

Reauthorization Act of 2012’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) The North Korean Human Rights Act of 2004 (Public 

Law 108–333; 22 U.S.C. 7801 et seq.) and the North Korean 

Human Rights Reauthorization Act of 2008 (Public Law 110– 

346) were the product of broad, bipartisan consensus regarding 

the promotion of human rights, transparency in the delivery 

of humanitarian assistance, and the importance of refugee 

protection. 

(2) In addition to the longstanding commitment of the 

United States to refugee and human rights advocacy, the 

United States is home to the largest Korean population outside 

of northeast Asia, and many in the two-million strong KoreanAmerican community have family ties to North Korea. 

(3) Although the transition to the leadership of Kim JongUn after the death of Kim Jong-Il has introduced new 

uncertainties and possibilities, the fundamental human rights 

and humanitarian conditions inside North Korea remain deplorable, North Korean refugees remain acutely vulnerable, and 

the findings in the 2004 Act and 2008 Reauthorization remain 

substantially accurate today. 

(4) Media and nongovernmental organizations have 

reported a crackdown on unauthorized border crossing during 

the North Korean leadership transition, including authorization 

for on-the-spot execution of attempted defectors, as well as 

an increase in punishments during the 100-day official 

mourning period after the death of Kim Jong-Il. 

(5) Notwithstanding high-level advocacy by the United 

States, the Republic of Korea, and the United Nations High 

Commissioner for Refugees, China has continued to forcibly 

repatriate North Koreans, including dozens of presumed refugees who were the subject of international humanitarian 

appeals during February and March of 2012. 

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

refugee resettlement program in the world, has resettled 128 
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North Koreans since passage of the 2004 Act, including 23 

North Koreans in fiscal year 2011. 

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

more than half a century, including service as a senior United 

States diplomat in times and places where there were significant challenges to human rights, Ambassador James R. Lilley 

also served as a director of the Committee for Human Rights 

in North Korea until his death in 2009. 

(8) Following his 18 years of service in the House of Representatives, including as Chairman of the Foreign Affairs Subcommittee on East Asian and Pacific Affairs, Stephen J. Solarz 

committed himself to, in his words, highlighting ‘‘the plight 

of ordinary North Koreans who are denied even the most basic 

human rights, and the dramatic and heart-rending stories of 

those who risk their lives in the struggle to escape what is 

certainly the world’s worst nightmare’’, and served as co-chairman of the Committee for Human Rights in North Korea until 

his death in 2010. 

SEC. 3. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) the United States should continue to seek cooperation 

from foreign governments to allow the United States to process 

North Korean refugees overseas for resettlement in the United 

States, through persistent diplomacy by senior officials of the 

United States, including United States ambassadors to AsiaPacific countries, and close cooperation with its ally, the 

Republic of Korea; and 

(2) because there are genuine refugees among North 

Koreans fleeing into China who face severe punishments upon 

their forcible return, the United States should urge the People’s 

Republic of China to— 

(A) immediately halt its forcible repatriation of North 

Koreans; 

(B) fulfill its obligations pursuant to the 1951 United 

Nations Convention Relating to the Status of Refugees, 

the 1967 Protocol Relating to the Status of Refugees, and 

the 1995 Agreement on the Upgrading of the UNHCR 

Mission in the People’s Republic of China to UNHCR 

Branch Office in the People’s Republic of China; and 

(C) allow the United Nations High Commissioner for 

Refugees (UNHCR) unimpeded access to North Koreans 

inside China to determine whether such North Koreans 

are refugees requiring protection. 

SEC. 4. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS. 

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

2004 (22 U.S.C. 7812(b)(1)) is amended by striking ‘‘2012’’ and 

inserting ‘‘2017’’. 

SEC. 5. RADIO BROADCASTING TO NORTH KOREA. 

Not later than 120 days after the date of the enactment of 

this Act, the Broadcasting Board of Governors (BBG) shall submit 

to the appropriate congressional committees, as defined in section 

5(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 

7803(1)), a report that describes the status and content of current 

United States broadcasting to North Korea and the extent to which 

the BBG has achieved the goal of 12-hour-per-day broadcasting 
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to North Korea pursuant to section 103 of such Act (22 U.S.C. 

7813). 

SEC. 6. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. 

Subsections (b)(1) and (c) of section 104 of the North Korean 

Human Rights Act of 2004 (22 U.S.C. 7814) is amended by striking 

‘‘2012’’ and inserting ‘‘2017’’ each place it appears. 

SEC. 7. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES. 

Section 107(d) of the North Korean Human Rights Act of 2004 

(22 U.S.C. 7817(d)) is amended by striking ‘‘2012’’ and inserting 

‘‘2017’’. 

SEC. 8. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. 

Section 201(a) of the North Korean Human Rights Act of 2004 

(22 U.S.C. 7831(a)) is amended, in the matter preceding paragraph 

(1), by striking ‘‘2012’’ and inserting ‘‘2017’’. 

SEC. 9. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA. 

Section 203(c)(1) of the North Korean Human Rights Act of 

2004 (22 U.S.C. 7833(c)(1)) is amended— 

(1) by striking ‘‘$20,000,000’’ and inserting ‘‘$5,000,000’’; 

and 

(2) by striking ‘‘2005 through 2012’’ and inserting ‘‘2013 

through 2017’’. 

SEC. 10. ANNUAL REPORTS. 

Section 305(a) of the North Korean Human Rights Act of 2004 

(22 U.S.C. 7845(a)) is amended, in the matter preceding paragraph 

(1) by striking ‘‘2012’’ and inserting ‘‘2017’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.