II 

Calendar No. 458 

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 

JULY 18, 2012 

Reported by Mr. KERRY, without amendment 

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, 

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: 

9 (1) The North Korean Human Rights Act of 

10 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•HR 4240 RS

1 and the North Korean Human Rights Reauthoriza2 tion Act of 2008 (Public Law 110–346) were the 

3 product of broad, bipartisan consensus regarding the 

4 promotion of human rights, transparency in the de5 livery of humanitarian assistance, and the impor6 tance of refugee protection. 

7 (2) In addition to the longstanding commitment 

8 of the United States to refugee and human rights 

9 advocacy, the United States is home to the largest 

10 Korean population outside of northeast Asia, and 

11 many in the two-million strong Korean-American 

12 community have family ties to North Korea. 

13 (3) Although the transition to the leadership of 

14 Kim Jong-Un after the death of Kim Jong-Il has in15 troduced new uncertainties and possibilities, the fun16 damental human rights and humanitarian conditions 

17 inside North Korea remain deplorable, North Ko18 rean refugees remain acutely vulnerable, and the 

19 findings in the 2004 Act and 2008 Reauthorization 

20 remain substantially accurate today. 

21 (4) Media and nongovernmental organizations 

22 have reported a crackdown on unauthorized border 

23 crossing during the North Korean leadership transi24 tion, including authorization for on-the-spot execu25 tion of attempted defectors, as well as an increase 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•HR 4240 RS

1 in punishments during the 100-day official mourning 

2 period after the death of Kim Jong-Il. 

3 (5) Notwithstanding high-level advocacy by the 

4 United States, the Republic of Korea, and the 

5 United Nations High Commissioner for Refugees, 

6 China has continued to forcibly repatriate North Ko7 reans, including dozens of presumed refugees who 

8 were the subject of international humanitarian ap9 peals during February and March of 2012. 

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

11 international refugee resettlement program in the 

12 world, has resettled 128 North Koreans since pas13 sage of the 2004 Act, including 23 North Koreans 

14 in fiscal year 2011. 

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

16 that spanned more than half a century, including 

17 service as a senior United States diplomat in times 

18 and places where there were significant challenges to 

19 human rights, Ambassador James R. Lilley also 

20 served as a director of the Committee for Human 

21 Rights in North Korea until his death in 2009. 

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

23 House of Representatives, including as Chairman of 

24 the Foreign Affairs Subcommittee on East Asian 

25 and Pacific Affairs, Stephen J. Solarz committed 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•HR 4240 RS

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

2 ordinary North Koreans who are denied even the 

3 most basic human rights, and the dramatic and 

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

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

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

7 Committee for Human Rights in North Korea until 

8 his death in 2010. 

9 SEC. 3. SENSE OF CONGRESS. 

10 It is the sense of Congress that— 

11 (1) the United States should continue to seek 

12 cooperation from foreign governments to allow the 

13 United States to process North Korean refugees 

14 overseas for resettlement in the United States, 

15 through persistent diplomacy by senior officials of 

16 the United States, including United States ambas17 sadors to Asia-Pacific countries, and close coopera18 tion with its ally, the Republic of Korea; and 

19 (2) because there are genuine refugees among 

20 North Koreans fleeing into China who face severe 

21 punishments upon their forcible return, the United 

22 States should urge the People’s Republic of China 

23 to— 

24 (A) immediately halt its forcible repatri25 ation of North Koreans; 


pwalker on DSK7TPTVN1PROD with BILLS
5 

•HR 4240 RS

1 (B) fulfill its obligations pursuant to the 

2 1951 United Nations Convention Relating to 

3 the Status of Refugees, the 1967 Protocol Re4 lating to the Status of Refugees, and the 1995 

5 Agreement on the Upgrading of the UNHCR 

6 Mission in the People’s Republic of China to 

7 UNHCR Branch Office in the People’s Repub8 lic of China; and 

9 (C) allow the United Nations High Com10 missioner for Refugees (UNHCR) unimpeded 

11 access to North Koreans inside China to deter12 mine whether such North Koreans are refugees 

13 requiring protection. 

14 SEC. 4. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY 

15 PROGRAMS. 

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

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

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

19 SEC. 5. RADIO BROADCASTING TO NORTH KOREA. 

20 Not later than 120 days after the date of the enact21 ment of this Act, the Broadcasting Board of Governors 

22 (BBG) shall submit to the appropriate congressional com23 mittees, as defined in section 5(1) of the North Korean 

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

25 that describes the status and content of current United 


pwalker on DSK7TPTVN1PROD with BILLS
6 

•HR 4240 RS

1 States broadcasting to North Korea and the extent to 

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

3 broadcasting to North Korea pursuant to section 103 of 

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

5 SEC. 6. ACTIONS TO PROMOTE FREEDOM OF INFORMA6 TION. 

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

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

9 7814) is amended by striking ‘‘2012’’ and inserting 

10 ‘‘2017’’ each place it appears. 

11 SEC. 7. SPECIAL ENVOY ON NORTH KOREAN HUMAN 

12 RIGHTS ISSUES. 

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

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

15 inserting ‘‘2017’’. 

16 SEC. 8. REPORT ON UNITED STATES HUMANITARIAN AS17 SISTANCE. 

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

19 Act of 2004 (22 U.S.C. 7831(a)) is amended, in the mat20 ter preceding paragraph (1), by striking ‘‘2012’’ and in21 serting ‘‘2017’’. 

22 SEC. 9. ASSISTANCE PROVIDED OUTSIDE OF NORTH 

23 KOREA. 

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

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


pwalker on DSK7TPTVN1PROD with BILLS
7 

•HR 4240 RS

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

2 ‘‘$5,000,000’’; and 

3 (2) by striking ‘‘2005 through 2012’’ and in4 serting ‘‘2013 through 2017’’. 

5 SEC. 10. ANNUAL REPORTS. 

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

7 Act of 2004 (22 U.S.C. 7845(a)) is amended, in the mat8 ter preceding paragraph (1) by striking ‘‘2012’’ and in9 serting ‘‘2017’’. 


pwalker on DSK7TPTVN1PROD with BILLS
Calendar No. 458 

112TH CONGRESS 

2D SESSION H. R. 4240 

AN ACT 

To reauthorize the North Korean Human Rights 

Act of 2004, and for other purposes. 

JULY 18, 2012 

Reported without amendment 


pwalker on DSK7TPTVN1PROD with BILLS