PUBLIC LAW 115–198—JULY 20, 2018 132 STAT. 1519 

Public Law 115–198 

115th Congress 

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 ‘‘North Korean Human Rights 

Reauthorization Act of 2017’’. 

SEC. 2. FINDINGS. 

Congress makes the following findings: 

(1) In 2014, the United Nations Commission of Inquiry 

(COI) on Human Rights in the Democratic People’s Republic 

of Korea (DPRK) found that the grave human rights violations 

still being perpetrated against the people of North Korea, due 

to policies established at the highest level of the state, amount 

to crimes against humanity. Crimes include forced starvation, 

sexual violence against women and children, restrictions on 

freedom of movement, arbitrary detention, torture, executions, 

and enforced disappearances, among other hardships. 

(2) The COI also noted that the Government of the People’s 

Republic of China is aiding and abetting in crimes against 

humanity by forcibly repatriating North Korean refugees back 

to the DPRK. Upon repatriation, North Koreans are sent to 

prison camps, tortured, or even executed. The Government 

of the People’s Republic of China’s forcible repatriation of North 

Korean refugees violates its obligation to uphold the principle 

of non-refoulement, under the United Nations Convention 

Relating to the Status of Refugees, done at Geneva July 28, 

1951 (as made applicable by the Protocol Relating to the Status 

of Refugees, done at New York January 31, 1967 (19 UST 

6223)). 

(3) Estimates from the COI suggest that between 80,000 

and 120,000 people are believed to be imprisoned in political 

prison camps in North Korea. Another 70,000 are believed 

to be held at other detention facilities. Prisoners in both situations are subject to harsh conditions, limited food, sexual abuse, 

and in most cases hard labor. 

(4) One of the findings of the COI report was the persecution of religious minorities, especially Christians. There is effectively no freedom of religion in North Korea, only worship 

of the Kim family. Christians are subjected to particularly 

acute persecution. It has been reported that Christians in North 

Korea have been tortured, forcibly detained, and even executed 

for possessing a Bible or professing Christianity. 

22 USC 7801 

note. 

North Korean 

Human Rights 

Reauthorization 

Act of 2017. 

22 USC 7801 

note. 

July 20, 2018 

[H.R. 2061] 


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132 STAT. 1520 PUBLIC LAW 115–198—JULY 20, 2018 

(5) North Korea profits from its human rights abuses. 

A 2014 report from the Asian Institute for Policy Studies suggests that there are nearly 50,000 North Korean workers forced 

to labor overseas, sometimes without compensation, and for 

as much as 20 hours at a time. Workers that received compensation were not to be paid more than $150 per month, which 

is between 10 to 20 percent of the value of the labor they 

performed. Based on this report, the regime may profit as 

much as $360,000,000 annually from just 50,000 laborers. 

(6) On July 6, 2016, the United States imposed sanctions 

on North Korean leader Kim Jong Un and other senior North 

Korean officials for human rights violations as required by 

the North Korea Sanctions and Policy Enhancement Act of 

2016 (Public Law 114–122). This was the first time that the 

United States had designated North Korean officials for human 

rights abuses. 

(7) The North Korea Sanctions and Policy Enhancement 

Act of 2016 (Public Law 114–122) requires the President to 

impose mandatory penalties under United States law on any 

person that ‘‘knowingly engages in, is responsible for, or facilitates serious human rights abuses by the Government of North 

Korea’’. 

(8) Although the United States Refugee Admissions Program remains the largest in the world by far, the United 

States has only resettled 212 refugees from North Korea since 

the date of the enactment of the North Korea Human Rights 

Act of 2004 (Public Law 108–333). 

SEC. 3. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) the United States Government should continue to make 

it a priority to improve information access in North Korea 

by exploring the use of new and emerging technologies and 

expanding nongovernmental radio broadcasting to North Korea, 

including news and information; 

(2) the United Nations has a significant role to play in 

promoting and improving human rights in North Korea and 

should press for access for the Special Rapporteur on the situation of human rights in North Korea as well as the United 

Nations High Commissioner for Human Rights; 

(3) because North Koreans fleeing into China face a wellfounded fear of persecution upon their forcible repatriation, 

the United States should urge China to— 

(A) immediately halt the forcible repatriation of North 

Koreans; 

(B) allow the United Nations High Commissioner for 

Refugees unimpeded access to North Koreans inside China 

to determine whether such North Koreans require protection as refugees; 

(C) fulfill its obligations under the 1951 United Nations 

Convention Relating to the Status of Refugees, the 1967 

Protocol Relating to the Status of Refugees, and the 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 (signed December 1, 1995); 


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PUBLIC LAW 115–198—JULY 20, 2018 132 STAT. 1521 

(D) address the concerns of the United Nations Committee against Torture by incorporating the principle of 

non-refoulement into Chinese domestic legislation; and 

(E) recognize the legal status of North Korean women 

who marry or have children with Chinese citizens, and 

ensure that all such children are granted resident status 

and access to education and other public services in accordance with Chinese law and international standards; 

(4) the President should continue to designate all individuals found to have committed violations described in section 

104(a) of the North Korea Sanctions and Policy Enhancement 

Act of 2016 (22 U.S.C. 2914(a)), regarding complicity in censorship and human right abuses; 

(5) the United States currently blocks United States passports from being used to travel to North Korea without a 

special validation from the Department of State, and the 

Department of State should continue to take steps to increase 

public awareness about the risks and dangers of travel by 

United States citizens to North Korea; 

(6) the United States should continue to seek cooperation 

from all foreign governments to allow the United Nations High 

Commissioner for Refugees (UNHCR) access to process North 

Korean refugees overseas for resettlement and to allow United 

States officials access to process refugees for resettlement in 

the United States (if that is the destination country of the 

refugees’ choosing); and 

(7) the Secretary of State, through diplomacy by senior 

officials, including United States ambassadors to Asia-Pacific 

countries, and in close cooperation with South Korea, should 

make every effort to promote the protection of North Korean 

refugees and defectors. 

SEC. 4. RADIO BROADCASTING TO NORTH KOREA. 

Section 103(a) of the North Korean Human Rights Act of 2004 

(22 U.S.C. 7813(a)) is amended— 

(1) by striking ‘‘that the United States should facilitate’’ 

and inserting the following: ‘‘that the United States should— 

‘‘(1) facilitate’’; 

(2) in paragraph (1), as redesignated by paragraph (1) 

of this section— 

(A) by striking ‘‘radio broadcasting’’ and inserting 

‘‘broadcasting, including news rebroadcasting,’’; and 

(B) by striking ‘‘increase broadcasts’’ and inserting 

‘‘increase such broadcasts, including news rebroadcasts,’’; 

and 

(C) by striking ‘‘Voice of America.’’ and inserting the 

following: ‘‘Voice of America; and’’; and 

(3) by adding at the end the following: 

‘‘(2) expand funding for nongovernmental organization 

broadcasting efforts, prioritizing organizations that engage 

North Korean defectors in programming and broadcast services.’’. 

SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. 

Section 104(a) of the North Korean Human Rights Act of 2004 

(22 U.S.C. 7814(a)) is amended— 

(1) by striking ‘‘The President’’ and inserting the following: 

‘‘(1) IN GENERAL.—The President’’; 


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132 STAT. 1522 PUBLIC LAW 115–198—JULY 20, 2018 

(2) by inserting ‘‘, USB drives, micro SD cards, audio 

players, video players, cell phones, wi-fi, wireless internet, web 

pages, internet, wireless telecommunications, and other electronic media that shares information’’ before the period at 

the end; and 

(3) by adding at the end the following: 

‘‘(2) DISTRIBUTION.—In accordance with the sense of Congress described in section 103, the President, acting through 

the Secretary of State, is authorized to distribute or provide 

grants to distribute information receiving devices, electronically 

readable devices, and other informational sources into North 

Korea, including devices and informational sources specified 

in paragraph (1). To carry out this paragraph, the President 

is authorized to issue regulations to facilitate the free-flow 

of information into North Korea. 

‘‘(3) RESEARCH AND DEVELOPMENT GRANT PROGRAM.—In 

accordance with the authorization described in paragraphs (1) 

and (2) to increase the availability and distribution of sources 

of information inside North Korea, the President, acting 

through the Secretary of State, is authorized to establish a 

grant program to make grants to eligible entities to develop 

or distribute (or both) new products or methods to allow North 

Koreans easier access to outside information. Such program 

may involve public-private partnerships. 

‘‘(4) CULTURE.—In accordance with the sense of Congress 

described in section 103, the Broadcasting Board of Governors 

may broadcast American, Korean, Chinese, and other popular 

music, television, movies, and popular cultural references as 

part of its programming. 

‘‘(5) RIGHTS AND LAWS.—In accordance with the sense of 

Congress described in section 103, the Broadcasting Board of 

Governors should broadcast to North Korea in the Korean 

language information on rights, laws, and freedoms afforded 

through the North Korean Constitution, the Universal Declaration of Human Rights, the United Nations Commission of 

Inquiry on Human Rights in the Democratic People’s Republic 

of Korea, and any other applicable treaties or international 

agreements to which North Korea is bound. 

‘‘(6) RELIGIOUS MINORITIES.—Efforts to improve information 

access under this subsection should include religious communities and should be coordinated with the Office of International 

Religious Freedom to ensure maximum impact in improving 

the rights of religious persons in North Korea. 

‘‘(7) BROADCASTING REPORT.—Not later than— 

‘‘(A) 180 days after the date of the enactment of this 

paragraph, the Secretary of State, in consultation with 

the Broadcasting Board of Governors, shall submit to the 

appropriate congressional committees a report that sets 

forth a detailed plan for improving broadcasting content 

for the purpose of targeting new audiences and increasing 

listenership; and 

‘‘(B) 1 year after the date of the enactment of this 

paragraph, and annually thereafter for each of the next 

5 years, the Secretary of State, in consultation with the 

Broadcasting Board of Governors, shall submit to the 

appropriate congressional committees a report including— 

Time period. 

Plan. 

Consultation. 

President. 

Regulations. 

President. 

Grants. 


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PUBLIC LAW 115–198—JULY 20, 2018 132 STAT. 1523 

‘‘(i) a description of the effectiveness of actions 

taken pursuant to this section, including data reflecting 

audience and listenership, device distribution and 

usage, and technological development and advancement usage; 

‘‘(ii) the amount of funds expended by the United 

States Government pursuant to section 403; and 

‘‘(iii) other appropriate information necessary to 

fully inform Congress of efforts related to this section.’’. 

SEC. 6. SENSE OF CONGRESS ON HUMANITARIAN COORDINATION 

RELATED TO THE KOREAN PENINSULA. 

Title III of the North Korean Human Rights Act of 2004 (22 

U.S.C. 7841 et seq.) is amended by adding at the end the following: 

‘‘SEC. 306. SENSE OF CONGRESS ON HUMANITARIAN COORDINATION 

RELATED TO THE KOREAN PENINSULA. 

‘‘It is the sense of Congress that— 

‘‘(1) any instability on the Korean Peninsula could have 

significant humanitarian and strategic impact on the region 

and for United States national interests; and 

‘‘(2) as such, the United States Government should work 

with countries sharing a land or maritime border with North 

Korea to develop long-term whole-of-government plans to 

coordinate efforts related to humanitarian assistance and 

human rights promotion and to effectively assimilate North 

Korean defectors.’’. 

SEC. 7. REAUTHORIZATION PROVISIONS. 

(a) SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.— 

Section 102 of the North Korean Human Rights Act of 2004 (22 

U.S.C. 7812(b)(1)) is amended— 

(1) in subsection (a), by adding at the end the following: 

‘‘The President is also authorized to provide grants to entities 

to undertake research on North Korea’s denial of human rights, 

including on the political and military chains of command 

responsible for authorizing and implementing systemic human 

rights abuses, including at prison camps and detention facilities 

where political prisoners are held.’’; and 

(2) in subsection (b)(1), by striking ‘‘2017’’ and inserting 

‘‘2022’’. 

(b) ACTIONS TO PROMOTE FREEDOM OF INFORMATION.—Section 

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

7814) is amended— 

(1) in subsection (b)(1)— 

(A) by striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’; 

and 

(B) by striking ‘‘2017’’ and inserting ‘‘2022’’; and 

(2) in subsection (c), by striking ‘‘2017’’ and inserting 

‘‘2022’’. 

(c) REPORT BY 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 ‘‘2017’’ 

and inserting ‘‘2022’’. 

(d) REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.— Section 201 of the North Korean Human Rights Act of 2004 (22 

U.S.C. 7831 is amended— 

President. 

Grants. 

22 USC 7846. 


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132 STAT. 1524 PUBLIC LAW 115–198—JULY 20, 2018 

(1) in subsection (a), in the matter preceding paragraph 

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

(2) by redesignating subsection (b) as subsection (c); and 

(3) by inserting after subsection (a) the following new subsection: 

‘‘(b) NEEDS ASSESSMENT.—The report shall include a needs 

assessment to inform the distribution of humanitarian assistance 

inside North Korea.’’. 

(e) 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 by striking ‘‘2013 through 2017’’ and 

inserting ‘‘2018 through 2022’’. 

(f) 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 ‘‘2017’’ and inserting 

‘‘2022’’. 

SEC. 8. REPORT BY BROADCASTING BOARD OF GOVERNORS. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Broadcasting Board of Governors 

shall submit to the appropriate congressional committees a report 

that— 

(1) describes the status of current United States broadcasting to North Korea and the extent to which the Board 

has achieved the goal of 12-hour-per-day broadcasting to North 

Korea, in accordance with section 103(a) of the North Korean 

Human Rights Act of 2004 (22 U.S.C. 7813(a)); and 

(2) includes a strategy to overcome obstacles to such 

communication with the North Korean people, including 

through unrestricted, unmonitored, and inexpensive electronic 

means. 

(b) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form but may include a classified annex. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Foreign Relations of the Senate; 

(2) the Committee on Appropriations of the Senate; 

(3) the Committee on Foreign Affairs of the House of Representatives; and 

(4) the Committee on Appropriations of the House of Representatives. 

Definition. 

Strategy. 


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PUBLIC LAW 115–198—JULY 20, 2018 132 STAT. 1525 

LEGISLATIVE HISTORY—H.R. 2061: 

CONGRESSIONAL RECORD: 

Vol. 163 (2017): Sept. 25, considered and passed House. 

Vol. 164 (2018): Apr. 24, considered and passed Senate, amended. 

June 27, House concurred in Senate amendment. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 

July 20, Presidential statement. 

Æ 

SEC. 9. REPEAL OF DUPLICATIVE AUTHORIZATIONS. 

Section 403 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122; 22 U.S.C. 9253) is hereby 

repealed. 

Approved July 20, 2018. 


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