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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2061 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  1st Session
                                H. R. 2061

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2017

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.

    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 finds the following:
            (1) The North Korean Human Rights Act of 2004 (22 U.S.C. 
        7801 et seq.), the North Korean Human Rights Reauthorization 
        Act of 2008 (Public Law 110-346), and the Ambassador James R. 
        Lilley and Congressman Stephen J. Solarz North Korea Human 
        Rights Reauthorization Act of 2012 (Public Law 112-172) were 
        the products of broad, bipartisan consensus regarding the 
        promotion of human rights, transparency in the delivery of 
        humanitarian assistance, and the importance of refugee 
        protection.
            (2) Fundamental human rights and humanitarian conditions 
        inside North Korea remain deplorable, North Korean refugees 
        remain acutely vulnerable, and the congressional findings 
        included in the Acts listed in paragraph (1) remain 
        substantially accurate today.
            (3) The United States, which has the largest international 
        refugee resettlement program in the world, has resettled 212 
        North Koreans since the enactment of the North Korean Human 
        Rights Act of 2004.
            (4) 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 people in the Korean-American 
        community have family ties to North Korea.
            (5) Notwithstanding high-level advocacy by the United 
        States, South Korea, and the United Nations High Commissioner 
        for Refugees, China has forcibly repatriated tens of thousands 
        of North Koreans.
            (6) Congressman Eni F.H. Faleomavaega served 25 years in 
        the House of Representatives, including as the Chairman and the 
        Ranking Member of the Foreign Affairs Subcommittee on Asia and 
        the Pacific, was a leader in strengthening the relationship 
        between the American and Korean peoples, authored multiple 
        resolutions regarding issues on the Korean Peninsula, was a 
        champion of human rights, and stated, in support of the 
        Ambassador James R. Lilley and Congressman Stephen J. Solarz 
        North Korea Human Rights Reauthorization Act of 2012, that 
        ``just as Ambassador Lilley and Congressman Solarz worked hard 
        to protect the human rights of the North Korean people, we must 
        remain vigilant in helping the people of North Korea who 
        struggle daily to escape the oppression and tyranny of the 
        North Korean regime''.

SEC. 3. SENSE OF CONGRESS.

    (a) In General.--It is the sense of Congress that--
            (1) the United States should continue to seek cooperation 
        from all foreign governments to allow the United Nations High 
        Commissioner for Refugees 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);
            (2) the Secretary of State, through persistent diplomacy by 
        senior officials, including United States ambassadors to Asia-
        Pacific countries, and in close cooperation with United States 
        ally South Korea, should make every effort to promote the 
        protection of North Korean refugees and defectors; and
            (3) because North Koreans fleeing into China face a well-
        founded 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; and
                    (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).
    (b) Continuing Sense of Congress.--It remains the sense of 
Congress, as specified in section 3(3) of the North Korean Human Rights 
Reauthorization Act of 2008 (Public Law 110-346; 22 U.S.C. 7801 note), 
that ``the Special Envoy for North Korean Human Rights Issues should be 
a full-time position within the Department of State in order to 
properly promote and coordinate North Korean human rights and 
humanitarian issues, and to participate in policy planning and 
implementation with respect to refugee issues, as intended by the North 
Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et 
seq.)''.

SEC. 4. REAUTHORIZATION OF THE NORTH KOREAN HUMAN RIGHTS ACT OF 2004.

    (a) Human Rights and Democracy Programs.--Paragraph (1) of section 
102(b) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)) 
is amended by striking ``2017'' and inserting ``2022''.
    (b) Promoting 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.--
Subsection (d) of section 107 of the North Korean Human Rights Act of 
2004 (22 U.S.C. 7817) is amended by striking ``2017'' and inserting 
``2022''.
    (d) Report on Humanitarian Assistance.--Section 201 of the North 
Korean Human Rights Act of 2004 (22 U.S.C. 7831) is amended in the 
matter preceding paragraph (1) by striking ``2017'' and inserting 
``2022''.
    (e) Assistance Provided Outside of North Korea.--Paragraph (1) of 
section 203(c) of the North Korean Human Rights Act of 2004 (22 U.S.C. 
7833(c)) is amended by striking ``2017'' and inserting ``2022''.
    (f) Annual Reporting.--Section 305 of the North Korean Human Rights 
Act of 2004 (22 U.S.C. 7845) is amended in the matter preceding 
paragraph (1) by striking ``2017'' and inserting ``2022''.

SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION AND DEMOCRACY IN 
              NORTH KOREA.

    The North Korean Human Rights Act of 2004, as amended by this Act, 
is further amended--
            (1) in subsection (a) of section 103 (22 U.S.C. 7813)--
                    (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
            (2) in subsection (a) of section 104 (22 U.S.C. 7814)--
                    (A) by striking ``The President'' and inserting the 
                following:
            ``(1) In general.--The President'';
                    (B) by inserting ``, USB drives, micro SD cards, 
                audio players, video players, cell phones, wi-fi, 
                wireless internet, webpages, internet, wireless 
                telecommunications, and other electronic media that 
                share information'' before the period at the end; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(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 directions 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, 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 shall 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) 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 reaching 
                additional audiences and increasing consumption of 
                uncensored news and information using all available and 
                reasonable means; 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 on 
                the effectiveness of actions taken pursuant to this 
                section, including data reflecting audience and 
                listenership, device distribution and usage, 
                technological development and advancement usage, and 
                other information as requested by such committees.''.

SEC. 6. REPEAL OF DUPLICATE 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.

SEC. 7. REPORT BY THE 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 Affairs and the Committee on 
        Appropriations of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate.

SEC. 8. REPORT BY THE DEPARTMENT OF STATE.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
heads of other relevant Federal departments and agencies, shall submit 
to the appropriate congressional committees a report that includes a 
description of any ongoing or planned efforts of the Department of 
State with respect to each of the following:
            (1) Resuming the repatriation from North Korea of members 
        of the United States Armed Forces missing or unaccounted for 
        during the Korean War.
            (2) Reuniting Korean Americans with their relatives in 
        North Korea.
            (3) Assessing the security risks posed by travel to North 
        Korea for United States citizens.
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form.
    (c) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate.

            Passed the House of Representatives September 25, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
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