IIB 

112TH CONGRESS 

2D SESSION H. R. 4240 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2012 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

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, 


tjames on DSK6SPTVN1PROD with BILLS
2 

HR 4240 RFS

1 SECTION 1. SHORT TITLE. 

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

3 R. Lilley and Congressman Stephen J. Solarz North 

4 Korea Human Rights Reauthorization Act of 2012’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) The North Korean Human Rights Act of 

8 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) 

9 and the North Korean Human Rights Reauthoriza10 tion Act of 2008 (Public Law 110–346) were the 

11 product of broad, bipartisan consensus regarding the 

12 promotion of human rights, transparency in the de13 livery of humanitarian assistance, and the impor14 tance of refugee protection. 

15 (2) In addition to the longstanding commitment 

16 of the United States to refugee and human rights 

17 advocacy, the United States is home to the largest 

18 Korean population outside of northeast Asia, and 

19 many in the two-million strong Korean-American 

20 community have family ties to North Korea. 

21 (3) Although the transition to the leadership of 

22 Kim Jong-Un after the death of Kim Jong-Il has in23 troduced new uncertainties and possibilities, the fun24 damental human rights and humanitarian conditions 

25 inside North Korea remain deplorable, North Ko26 rean refugees remain acutely vulnerable, and the 


tjames on DSK6SPTVN1PROD with BILLS
3 

HR 4240 RFS

1 findings in the 2004 Act and 2008 Reauthorization 

2 remain substantially accurate today. 

3 (4) Media and nongovernmental organizations 

4 have reported a crackdown on unauthorized border 

5 crossing during the North Korean leadership transi6 tion, including authorization for on-the-spot execu7 tion of attempted defectors, as well as an increase 

8 in punishments during the 100-day official mourning 

9 period after the death of Kim Jong-Il. 

10 (5) Notwithstanding high-level advocacy by the 

11 United States, the Republic of Korea, and the 

12 United Nations High Commissioner for Refugees, 

13 China has continued to forcibly repatriate North Ko14 reans, including dozens of presumed refugees who 

15 were the subject of international humanitarian ap16 peals during February and March of 2012. 

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

18 international refugee resettlement program in the 

19 world, has resettled 128 North Koreans since pas20 sage of the 2004 Act, including 23 North Koreans 

21 in fiscal year 2011. 

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

23 that spanned more than half a century, including 

24 service as a senior United States diplomat in times 

25 and places where there were significant challenges to 


tjames on DSK6SPTVN1PROD with BILLS
4 

HR 4240 RFS

1 human rights, Ambassador James R. Lilley also 

2 served as a director of the Committee for Human 

3 Rights in North Korea until his death in 2009. 

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

5 House of Representatives, including as Chairman of 

6 the Foreign Affairs Subcommittee on East Asian 

7 and Pacific Affairs, Stephen J. Solarz committed 

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

9 ordinary North Koreans who are denied even the 

10 most basic human rights, and the dramatic and 

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

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

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

14 Committee for Human Rights in North Korea until 

15 his death in 2010. 

16 SEC. 3. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) the United States should continue to seek 

19 cooperation from foreign governments to allow the 

20 United States to process North Korean refugees 

21 overseas for resettlement in the United States, 

22 through persistent diplomacy by senior officials of 

23 the United States, including United States ambas24 sadors to Asia-Pacific countries, and close coopera25 tion with its ally, the Republic of Korea; and 


tjames on DSK6SPTVN1PROD with BILLS
5 

HR 4240 RFS

1 (2) because there are genuine refugees among 

2 North Koreans fleeing into China who face severe 

3 punishments upon their forcible return, the United 

4 States should urge the People’s Republic of China 

5 to— 

6 (A) immediately halt its forcible repatri7 ation of North Koreans; 

8 (B) fulfill its obligations pursuant to the 

9 1951 United Nations Convention Relating to 

10 the Status of Refugees, the 1967 Protocol Re11 lating to the Status of Refugees, and the 1995 

12 Agreement on the Upgrading of the UNHCR 

13 Mission in the People’s Republic of China to 

14 UNHCR Branch Office in the People’s Repub15 lic of China; and 

16 (C) allow the United Nations High Com17 missioner for Refugees (UNHCR) unimpeded 

18 access to North Koreans inside China to deter19 mine whether such North Koreans are refugees 

20 requiring protection. 

21 SEC. 4. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY 

22 PROGRAMS. 

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

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

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


tjames on DSK6SPTVN1PROD with BILLS
6 

HR 4240 RFS

1 SEC. 5. RADIO BROADCASTING TO NORTH KOREA. 

2 Not later than 120 days after the date of the enact3 ment of this Act, the Broadcasting Board of Governors 

4 (BBG) shall submit to the appropriate congressional com5 mittees, as defined in section 5(1) of the North Korean 

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

7 that describes the status and content of current United 

8 States broadcasting to North Korea and the extent to 

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

10 broadcasting to North Korea pursuant to section 103 of 

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

12 SEC. 6. ACTIONS TO PROMOTE FREEDOM OF INFORMA13 TION. 

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

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

16 7814) is amended by striking ‘‘2012’’ and inserting 

17 ‘‘2017’’ each place it appears. 

18 SEC. 7. SPECIAL ENVOY ON NORTH KOREAN HUMAN 

19 RIGHTS ISSUES. 

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

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

22 inserting ‘‘2017’’. 

23 SEC. 8. REPORT ON UNITED STATES HUMANITARIAN AS24 SISTANCE. 

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

26 Act of 2004 (22 U.S.C. 7831(a)) is amended, in the matVerDate Mar 15 2010 03:29 May 17, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4240.RFS H4240

tjames on DSK6SPTVN1PROD with BILLS
7 

HR 4240 RFS

1 ter preceding paragraph (1), by striking ‘‘2012’’ and in2 serting ‘‘2017’’. 

3 SEC. 9. ASSISTANCE PROVIDED OUTSIDE OF NORTH 

4 KOREA. 

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

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

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

8 ‘‘$5,000,000’’; and 

9 (2) by striking ‘‘2005 through 2012’’ and in10 serting ‘‘2013 through 2017’’. 

11 SEC. 10. ANNUAL REPORTS. 

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

13 Act of 2004 (22 U.S.C. 7845(a)) is amended, in the mat14 ter preceding paragraph (1) by striking ‘‘2012’’ and in15 serting ‘‘2017’’. 

Passed the House of Representatives May 15, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


tjames on DSK6SPTVN1PROD with BILLS