II 

Calendar No. 457 

117TH CONGRESS 

2D SESSION S. 4216 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2022 

Mr. RUBIO (for himself and Mr. KAINE) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

JULY 21, 2022 

Reported by Mr. MENENDEZ, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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 ‘‘North Korean Human 

5 Rights Reauthorization Act of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The North Korean Human Rights Act of 

2 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) 

3 and subsequent reauthorizations of such Act were 

4 the product of broad, bipartisan consensus regarding 

5 the promotion of human rights, documentation of 

6 human rights violations, transparency in the delivery 

7 of humanitarian assistance, and the importance of 

8 refugee protection. 

9 (2) The human rights and humanitarian condi10 tions within North Korea remain deplorable and 

11 have been intentionally perpetuated against the peo12 ple of North Korea through policies endorsed and 

13 implemented by Kim Jong-un and the Workers’ 

14 Party of Korea. 

15 (3) According to a 2014 report released by the 

16 United Nations Human Rights Council’s Commis17 sion of Inquiry on Human Rights in the Democratic 

18 People’s Republic of Korea, between 80,000 and 

19 120,000 children, women, and men were being held 

20 in political prison camps in North Korea, where they 

21 were subjected to deliberate starvation, forced labor, 

22 executions, torture, rape, forced abortion, and infan23 ticide. 

24 (4) North Korea continues to hold a number of 

25 South Koreans and Japanese abducted after the 


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1 signing of the Agreement Concerning a Military Ar2 mistice in Korea, signed at Panmunjom July 27, 

3 1953 (commonly referred to as the ‘‘Korean War 

4 Armistice Agreement’’), and refuses to acknowledge 

5 the abduction of more than 100,000 South Koreans 

6 during the Korean War in violation of the Geneva 

7 Convention. 

8 (5) Human rights violations in North Korea, 

9 which include forced starvation, sexual violence 

10 against women and children, restrictions on freedom 

11 of movement, arbitrary detention, torture, execu12 tions, and enforced disappearances, amount to 

13 crimes against humanity according to the United 

14 Nations Commission of Inquiry on Human Rights in 

15 the Democratic People’s Republic of Korea. 

16 (6) The effects of the COVID–19 pandemic and 

17 North Korea’s strict lockdown of its borders and 

18 crackdowns on informal market activities and small 

19 entrepreneurship have drastically increased food in20 security for its people and given rise to famine con21 ditions in parts of the country. 

22 (7) North Korea’s COVID–19 border lockdown 

23 measures also include shoot-to-kill orders that have 

24 resulted in the killing of— 


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1 (A) North Koreans attempting to cross the 

2 border; and 

3 (B) at least 1 South Korean citizen in Sep4 tember 2020. 

5 (8) The Chinese Communist Party and the 

6 Government of the People’s Republic of China are 

7 aiding and abetting in crimes against humanity by 

8 forcibly repatriating North Korean refugees to 

9 North Korea where they are sent to prison camps, 

10 harshly interrogated, and tortured or executed. 

11 (9) The forcible repatriation of North Korean 

12 refugees violates the People’s Republic of China’s 

13 freely undertaken obligation to uphold the principle 

14 of non-refoulement, under the Convention Relating 

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

16 1951 (and made applicable by the Protocol Relating 

17 to the Status of Refugees, done at New York Janu18 ary 31, 1967 (19 UST 6223)). 

19 (10) North Korea continues to bar freedom of 

20 religion and persecute religious minorities, especially 

21 Christians. Eyewitnesses report that Christians in 

22 North Korea have been tortured, forcibly detained, 

23 and even executed for possessing a Bible or pro24 fessing Christianity. 


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1 (11) United States and international broad2 casting operations into North Korea— 

3 (A) serve as a critical source of outside 

4 news and information for the North Korean 

5 people; and 

6 (B) provide a valuable service for coun7 tering regime propaganda and false narratives. 

8 (12) The position of Special Envoy on North 

9 Korean Human Rights Issues has been vacant since 

10 January 2017, even though the President is required 

11 to appoint a Senate-confirmed Special Envoy to fill 

12 this position in accordance with section 107 of the 

13 North Korean Human Rights Act of 2004 (22 

14 U.S.C. 7817). 

15 SEC. 3. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) promoting information access in North 

18 Korea continues to be a successful method of coun19 tering North Korean propaganda; 

20 (2) the United States Government should con21 tinue to support efforts described in paragraph (1), 

22 including by enacting and implementing the Otto 

23 Warmbier North Korean Censorship and Surveil24 lance Act of 2021, which was introduced by Senator 

25 Portman on June 17, 2021; 


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1 (3) because refugees among North Koreans 

2 fleeing into China face severe punishments upon 

3 their forcible return, the United States should urge 

4 the Government of the People’s Republic of China— 

5 (A) to immediately halt its forcible repatri6 ation of North Koreans; 

7 (B) to allow the United Nations High 

8 Commissioner for Refugees (referred to in this 

9 section as ‘‘UNHCR’’) unimpeded access to 

10 North Koreans within China to determine 

11 whether they are refugees and require assist12 ance; 

13 (C) to fulfill its obligations under the Con14 vention Relating to the Status of Refugees, 

15 done at Geneva July 28, 1951 (and made appli16 cable by the Protocol Relating to the Status of 

17 Refugees, done at New York January 31, 1967 

18 (19 UST 6223), and the Agreement on the up19 grading of the UNHCR Mission in the People’s 

20 Republic of China to UNHCR branch office in 

21 the People’s Republic of China, done at Geneva 

22 December 1, 1995; 

23 (D) to address the concerns of the United 

24 Nations Committee Against Torture by incorVerDate Sep 11 2014 23:09 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S4216.RS S4216

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1 porating into domestic legislation the principle 

2 of non-refoulement; and 

3 (E) to recognize the legal status of North 

4 Korean women who marry or have children with 

5 Chinese citizens and ensure that all such moth6 ers and children are granted resident status 

7 and access to education and other public serv8 ices in accordance with Chinese law and inter9 national standards; 

10 (4) the United States Government should con11 tinue to promote the effective and transparent deliv12 ery and distribution of any humanitarian aid pro13 vided in North Korea to ensure that such aid 

14 reaches its intended recipients to the point of con15 sumption or utilization by cooperating closely with 

16 the Government of the Republic of Korea and inter17 national and nongovernmental organizations; 

18 (5) the Department of State should continue to 

19 take steps to increase public awareness about the 

20 risks and dangers of travel by United States citizens 

21 to North Korea, including by continuing its policy of 

22 blocking United States passports from being used to 

23 travel to North Korea without a special validation 

24 from the Department of State; 


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1 (6) the United Nations, which has a significant 

2 role to play in promoting and improving human 

3 rights in North Korea, should press for access for 

4 the United Nations Special Rapporteur and the 

5 United Nations High Commissioner for Human 

6 Rights on the situation of human rights in North 

7 Korea; 

8 (7) the Special Envoy for North Korean 

9 Human Rights Issues should be appointed without 

10 delay— 

11 (A) to properly promote and coordinate 

12 North Korean human rights and humanitarian 

13 issues; and 

14 (B) to participate in policy planning and 

15 implementation with respect to refugee issues; 

16 (8) the United States should urge North Korea 

17 to repeal the Reactionary Thought and Culture De18 nunciation Law and other draconian laws, regula19 tions, and decrees that manifestly violate the free20 dom of opinion and expression and the freedom of 

21 thought, conscience, and religion; 

22 (9) the United States should urge North Korea 

23 to ensure that any restrictions on addressing the 

24 COVID–19 pandemic are necessary, proportionate, 

25 nondiscriminatory, time-bound, transparent, and 


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1 allow international staff to operate inside the North 

2 Korea to provide international assistance based on 

3 independent needs assessments; 

4 (10) the United States should expand the Re5 wards for Justice program to be open to North Ko6 rean officials who can provide evidence of crimes 

7 against humanity being committed by North Korean 

8 officials; 

9 (11) the United States should continue to seek 

10 cooperation from all foreign governments— 

11 (A) to allow the UNHCR access to process 

12 North Korean refugees overseas for resettle13 ment; and 

14 (B) to allow United States officials access 

15 to process refugees for possible resettlement in 

16 the United States; and 

17 (12) the Secretary of State, through diplomacy 

18 by senior officials, including United States ambas19 sadors to Asia-Pacific countries, and in close co20 operation with South Korea, should make every ef21 fort to promote the protection of North Korean refu22 gees, escapees, and defectors. 

23 SEC. 4. REAUTHORIZATIONS. 

24 (a) SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY

25 PROGRAMS.—Section 102(b)(1) of the North Korean 


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

2 amended by striking ‘‘2022’’ and inserting ‘‘2027’’. 

3 (b) ACTIONS TO PROMOTE FREEDOM OF INFORMA4 TION.—Section 104 of the North Korean Human Rights 

5 Act of 2004 (22 U.S.C. 7814) is amended— 

6 (1) in subsection (b)(1), by striking ‘‘2022’’ 

7 and inserting ‘‘2027’’; and 

8 (2) in subsection (c), by striking ‘‘2022’’ and 

9 inserting ‘‘2027’’. 

10 (c) REPORT BY SPECIAL ENVOY ON NORTH KOREAN

11 HUMAN RIGHTS ISSUES.—Section 107(d) of the North 

12 Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) 

13 is amended by striking ‘‘2022’’ and inserting ‘‘2027’’. 

14 (d) REPORT ON UNITED STATES HUMANITARIAN AS15 SISTANCE.—Section 201(a) of the North Korean Human 

16 Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in 

17 the matter preceding paragraph (1), by striking ‘‘2022’’ 

18 and inserting ‘‘2027’’. 

19 (e) ASSISTANCE PROVIDED OUTSIDE OF NORTH

20 KOREA.—Section 203(c)(1) of the North Korean Human 

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

22 by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 

23 through 2027’’. 

24 (f) ANNUAL REPORTS.—Section 305(a) of the North 

25 Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) 


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1 is amended, in the matter preceding paragraph (1) by 

2 striking ‘‘2022’’ and inserting ‘‘2027’’. 

3 SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMA4 TION. 

5 Title I of the North Korean Human Rights Act of 

6 2004 (22 U.S.C. 7811 et seq.) is amended— 

7 (1) in section 103(a), by striking ‘‘Broadcasting 

8 Board of Governors’’ and inserting ‘‘United States 

9 Agency for Global Media’’; and 

10 (2) in section 104(a)— 

11 (A) by striking ‘‘Broadcasting Board of 

12 Governors’’ each place such term appears and 

13 inserting ‘‘United States Agency for Global 

14 Media’’; and 

15 (B) in paragraph (7)(B)— 

16 (i) in the matter preceding clause (i), 

17 by striking ‘‘5 years’’ and inserting ‘‘10 

18 years’’; 

19 (ii) by redesignating clauses (i) 

20 through (iii) as clauses (ii) through (iv), 

21 respectively; 

22 (iii) by inserting before clause (ii) the 

23 following: 

24 ‘‘(i) an update of the plan required 

25 under subparagraph (A);’’; and 


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1 (iv) in clause (iii), as redesignated, by 

2 striking ‘‘pursuant to section 403’’ and in3 serting ‘‘to carry out this section’’. 

4 SEC. 6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN 

5 RIGHTS ISSUES. 

6 Section 107 of the North Korean Human Rights Act 

7 of 2004 (22 U.S.C. 7817) is amended by adding at the 

8 end the following: 

9 ‘‘(e) REPORT ON APPOINTMENT OF SPECIAL

10 ENVOY.—Not later than 180 days after the date of the 

11 enactment of this subsection and annually thereafter 

12 through 2027 if the position of Special Envoy remains va13 cant, the Secretary of State shall submit a report to the 

14 appropriate congressional committees that describes the 

15 efforts being taken to appoint the Special Envoy.’’. 

16 SEC. 7. SUPPORT FOR NORTH KOREAN REFUGEES. 

17 (a) IN GENERAL.—The Secretary of State and the 

18 Secretary of Homeland Security should collaborate with 

19 faith-based and Korean-American organizations to resettle 

20 North Korean participants in the United States Refugee 

21 Admissions Program in areas with existing Korean-Amer22 ican communities to mitigate trauma and mental health 

23 considerations of refugees, as appropriate. 

24 (b) RESETTLEMENT OFFICE FOR NORTH KOREAN

25 REFUGEES.—The Secretary of State shall ensure that a 


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1 program officer in the Bureau of Population, Refugees, 

2 and Migration of the Department of State— 

3 (1) is stationed in a country in Southeast Asia 

4 or East Asia; and 

5 (2) is principally responsible for facilitating the 

6 processing and onward relocation of North Koreans 

7 eligible for the United States Refugee Admissions 

8 Program or resettlement in South Korea. 

9 (c) RESETTLEMENT LOCATION ASSISTANCE EDU10 CATION.—The Secretary of State shall publicly dissemi11 nate guidelines and information relating to resettlement 

12 options in the United States or South Korea for eligible 

13 North Korean refugees, with a particular focus on mes14 saging to North Koreans. 

15 (d) MECHANISMS.—The guidelines and information 

16 described in subsection (c)— 

17 (1) shall be published on a publicly available 

18 website of the Department of State; 

19 (2) shall be broadcast into North Korea 

20 through radio broadcasting operations funded or 

21 supported by the United States Government; and 

22 (3) shall be distributed through brochures or 

23 electronic storage devices. 


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1 SEC. 8. AUTHORIZATION OF SANCTIONS FOR FORCED RE2 PATRIATION OF NORTH KOREAN REFUGEES. 

3 (a) DISCRETIONARY DESIGNATIONS.—Section 

4 104(b)(1) of the North Korea Sanctions and Policy En5 hancement Act of 2016 (22 U.S.C. 9214) is amended— 

6 (1) in subparagraph (M), by striking ‘‘or’’ after 

7 the semicolon; 

8 (2) in subparagraph (N), by striking the period 

9 at the end and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(O) knowingly, directly or indirectly, 

12 forced the repatriation of North Korean refu13 gees to North Korea.’’. 

14 (b) EXEMPTIONS.—Section 208(a)(1) of the North 

15 Korea Sanctions and Policy Enhancement Act of 2016 (22 

16 U.S.C. 9228(a)(1)) is amended by inserting ‘‘, the Repub17 lic of Korea, and Japan’’ before the period at the end. 

18 SECTION 1. SHORT TITLE. 

19 This Act may be cited as the ‘‘North Korean Human 

20 Rights Reauthorization Act of 2022’’. 

21 SEC. 2. FINDINGS. 

22 Congress makes the following findings: 

23 (1) The North Korean Human Rights Act of 

24 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) 

25 and subsequent reauthorizations of such Act were the 

26 product of broad, bipartisan consensus regarding the 


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1 promotion of human rights, documentation of human 

2 rights violations, transparency in the delivery of hu3 manitarian assistance, and the importance of refugee 

4 protection. 

5 (2) The human rights and humanitarian condi6 tions within North Korea remain deplorable and have 

7 been intentionally perpetuated against the people of 

8 North Korea through policies endorsed and imple9 mented by Kim Jong-un and the Workers’ Party of 

10 Korea. 

11 (3) According to a 2014 report released by the 

12 United Nations Human Rights Council’s Commission 

13 of Inquiry on Human Rights in the Democratic Peo14 ple’s Republic of Korea, between 80,000 and 120,000 

15 children, women, and men were being held in polit16 ical prison camps in North Korea, where they were 

17 subjected to deliberate starvation, forced labor, execu18 tions, torture, rape, forced abortion, and infanticide. 

19 (4) North Korea continues to hold a number of 

20 South Koreans and Japanese abducted after the sign21 ing of the Agreement Concerning a Military Armi22 stice in Korea, signed at Panmunjom July 27, 1953 

23 (commonly referred to as the ‘‘Korean War Armistice 

24 Agreement’’) and refuses to acknowledge the abduction 


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1 of more than 100,000 South Koreans during the Ko2 rean War in violation of the Geneva Convention. 

3 (5) Human rights violations in North Korea, 

4 which include forced starvation, sexual violence 

5 against women and children, restrictions on freedom 

6 of movement, arbitrary detention, torture, executions, 

7 and enforced disappearances, amount to crimes 

8 against humanity according to the United Nations 

9 Commission of Inquiry on Human Rights in the 

10 Democratic People’s Republic of Korea. 

11 (6) The effects of the COVID–19 pandemic and 

12 North Korea’s strict lockdown of its borders and 

13 crackdowns on informal market activities and small 

14 entrepreneurship have drastically increased food inse15 curity for its people and given rise to famine condi16 tions in parts of the country. 

17 (7) North Korea’s COVID–19 border lockdown 

18 measures also include shoot-to-kill orders that have re19 sulted in the killing of— 

20 (A) North Koreans attempting to cross the 

21 border; and 

22 (B) at least 1 South Korean citizen in Sep23 tember 2020. 

24 (8) The Chinese Communist Party and the Gov25 ernment of the People’s Republic of China are aiding 


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1 and abetting in crimes against humanity by forcibly 

2 repatriating North Korean refugees to North Korea 

3 where they are sent to prison camps, harshly interro4 gated, and tortured or executed. 

5 (9) The forcible repatriation of North Korean 

6 refugees violates the People’s Republic of China’s free7 ly undertaken obligation to uphold the principle of 

8 non-refoulement, under the Convention Relating to 

9 the Status of Refugees, done at Geneva July 28, 1951 

10 (and made applicable by the Protocol Relating to the 

11 Status of Refugees, done at New York January 31, 

12 1967 (19 UST 6223)). 

13 (10) North Korea continues to bar freedom of re14 ligion and persecute religious minorities, especially 

15 Christians. Eyewitnesses report that Christians in 

16 North Korea have been tortured, forcibly detained, 

17 and even executed for possessing a Bible or professing 

18 Christianity. 

19 (11) United States and international broad20 casting operations into North Korea— 

21 (A) serve as a critical source of outside news 

22 and information for the North Korean people; 

23 and 

24 (B) provide a valuable service for coun25 tering regime propaganda and false narratives. 


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1 (12) The position of Special Envoy on North Ko2 rean Human Rights Issues has been vacant since 

3 January 2017, even though the President is required 

4 to appoint a Senate-confirmed Special Envoy to fill 

5 this position in accordance with section 107 of the 

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

7 7817). 

8 SEC. 3. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

10 (1) promoting information access in North Korea 

11 continues to be a successful method of countering 

12 North Korean propaganda; 

13 (2) the United States Government should con14 tinue to support efforts described in paragraph (1), 

15 including by enacting and implementing the Otto 

16 Warmbier North Korean Censorship and Surveillance 

17 Act of 2021, which was introduced by Senator 

18 Portman on June 17, 2021; 

19 (3) because refugees among North Koreans fleeing 

20 into China face severe punishments upon their forc21 ible return, the United States should urge the Govern22 ment of the People’s Republic of China— 

23 (A) to immediately halt its forcible repatri24 ation of North Koreans; 


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1 (B) to allow the United Nations High Com2 missioner for Refugees (referred to in this section 

3 as ‘‘UNHCR’’) unimpeded access to North Kore4 ans within China to determine whether they are 

5 refugees and require assistance; 

6 (C) to fulfill its obligations under the Con7 vention Relating to the Status of Refugees, done 

8 at Geneva July 28, 1951 (and made applicable 

9 by the Protocol Relating to the Status of Refu10 gees, done at New York January 31, 1967 (19 

11 UST 6223) and the Agreement on the upgrading 

12 of the UNHCR Mission in the People’s Republic 

13 of China to UNHCR branch office in the People’s 

14 Republic of China, done at Geneva December 1, 

15 1995; 

16 (D) to address the concerns of the United 

17 Nations Committee Against Torture by incor18 porating into domestic legislation the principle 

19 of non-refoulement; and 

20 (E) to recognize the legal status of North 

21 Korean women who marry or have children with 

22 Chinese citizens and ensure that all such mothers 

23 and children are granted resident status and ac24 cess to education and other public services in acVerDate Sep 11 2014 23:09 Jul 21, 2022 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S4216.RS S4216

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1 cordance with Chinese law and international 

2 standards; 

3 (4) the United States Government should con4 tinue to promote the effective and transparent deliv5 ery and distribution of any humanitarian aid pro6 vided in North Korea to ensure that such aid reaches 

7 its intended recipients to the point of consumption or 

8 utilization by cooperating closely with the Govern9 ment of the Republic of Korea and international and 

10 nongovernmental organizations; 

11 (5) the Department of State should continue to 

12 take steps to increase public awareness about the risks 

13 and dangers of travel by United States citizens to 

14 North Korea, including by continuing its policy of 

15 blocking United States passports from being used to 

16 travel to North Korea without a special validation 

17 from the Department of State; 

18 (6) the United Nations, which has a significant 

19 role to play in promoting and improving human 

20 rights in North Korea, should press for access for the 

21 United Nations Special Rapporteur and the United 

22 Nations High Commissioner for Human Rights on 

23 the situation of human rights in North Korea; 

24 (7) the Special Envoy for North Korean Human 

25 Rights Issues should be appointed without delay— 


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1 (A) to properly promote and coordinate 

2 North Korean human rights and humanitarian 

3 issues; and 

4 (B) to participate in policy planning and 

5 implementation with respect to refugee issues; 

6 (8) the United States should urge North Korea to 

7 repeal the Reactionary Thought and Culture Denun8 ciation Law and other draconian laws, regulations, 

9 and decrees that manifestly violate the freedom of 

10 opinion and expression and the freedom of thought, 

11 conscience, and religion; 

12 (9) the United States should urge North Korea to 

13 ensure that any restrictions on addressing the 

14 COVID–19 pandemic are necessary, proportionate, 

15 nondiscriminatory, time-bound, transparent, and 

16 allow international staff to operate inside the North 

17 Korea to provide international assistance based on 

18 independent needs assessments; 

19 (10) the United States should expand the Re20 wards for Justice program to be open to North Ko21 rean officials who can provide evidence of crimes 

22 against humanity being committed by North Korean 

23 officials; 

24 (11) the United States should continue to seek 

25 cooperation from all foreign governments— 


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1 (A) to allow the UNHCR access to process 

2 North Korean refugees overseas for resettlement; 

3 and 

4 (B) to allow United States officials access to 

5 process refugees for possible resettlement in the 

6 United States; and 

7 (12) the Secretary of State, through diplomacy 

8 by senior officials, including United States ambas9 sadors to Asia-Pacific countries, and in close coopera10 tion with South Korea, should make every effort to 

11 promote the protection of North Korean refugees, 

12 escapees, and defectors. 

13 SEC. 4. REAUTHORIZATIONS. 

14 (a) SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY

15 PROGRAMS.—Section 102(b)(1) of the North Korean 

16 Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is 

17 amended by striking ‘‘2022’’ and inserting ‘‘2027’’. 

18 (b) ACTIONS TO PROMOTE FREEDOM OF INFORMA19 TION.—Section 104 of the North Korean Human Rights Act 

20 of 2004 (22 U.S.C. 7814) is amended— 

21 (1) in subsection (b)(1), by striking ‘‘2022’’ and 

22 inserting ‘‘2027’’; and 

23 (2) in subsection (c), by striking ‘‘2022’’ and in24 serting ‘‘2027’’. 


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1 (c) REPORT BY SPECIAL ENVOY ON NORTH KOREAN

2 HUMAN RIGHTS ISSUES.—Section 107(d) of the North Ko3 rean Human Rights Act of 2004 (22 U.S.C. 7817(d)) is 

4 amended by striking ‘‘2022’’ and inserting ‘‘2027’’. 

5 (d) REPORT ON UNITED STATES HUMANITARIAN AS6 SISTANCE.—Section 201(a) of the North Korean Human 

7 Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in the 

8 matter preceding paragraph (1), by striking ‘‘2022’’ and 

9 inserting ‘‘2027’’. 

10 (e) ASSISTANCE PROVIDED OUTSIDE OF NORTH

11 KOREA.—Section 203(c)(1) of the North Korean Human 

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

13 striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 

14 2027’’. 

15 (f) ANNUAL REPORTS.—Section 305(a) of the North 

16 Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is 

17 amended, in the matter preceding paragraph (1) by striking 

18 ‘‘2022’’ and inserting ‘‘2027’’. 

19 SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. 

20 Title I of the North Korean Human Rights Act of 2004 

21 (22 U.S.C. 7811 et seq.) is amended— 

22 (1) in section 103(a), by striking ‘‘Broadcasting 

23 Board of Governors’’ and inserting ‘‘United States 

24 Agency for Global Media’’; and 

25 (2) in section 104(a)— 


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1 (A) by striking ‘‘Broadcasting Board of 

2 Governors’’ each place such term appears and 

3 inserting ‘‘United States Agency for Global 

4 Media’’; 

5 (B) in paragraph (7)(B)— 

6 (i) in the matter preceding clause (i), 

7 by striking ‘‘5 years’’ and inserting ‘‘10 

8 years’’; 

9 (ii) by redesignating clauses (i) 

10 through (iii) as clauses (ii) through (iv), re11 spectively; 

12 (iii) by inserting before clause (ii) the 

13 following: 

14 ‘‘(i) an update of the plan required 

15 under subparagraph (A);’’; and 

16 (iv) in clause (iii), as redesignated, by 

17 striking ‘‘pursuant to section 403’’ and in18 serting ‘‘to carry out this section’’. 

19 SEC. 6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN 

20 RIGHTS ISSUES. 

21 Section 107 of the North Korean Human Rights Act 

22 of 2004 (22 U.S.C. 7817) is amended by adding at the end 

23 the following: 

24 ‘‘(e) REPORT ON APPOINTMENT OF SPECIAL ENVOY.— 

25 Not later than 180 days after the date of the enactment of 


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1 this subsection and annually thereafter through 2027 if the 

2 position of Special Envoy remains vacant, the Secretary 

3 of State shall submit a report to the appropriate congres4 sional committees that describes the efforts being taken to 

5 appoint the Special Envoy.’’. 

6 SEC. 7. SUPPORT FOR NORTH KOREAN REFUGEES. 

7 (a) IN GENERAL.—The Secretary of State and the Sec8 retary of Homeland Security should collaborate with faith9 based and Korean-American organizations to resettle North 

10 Korean participants in the United States Refugee Admis11 sions Program in areas with existing Korean-American 

12 communities to mitigate trauma and mental health consid13 erations of refugees, as appropriate. 

14 (b) RESETTLEMENT OFFICE FOR NORTH KOREAN

15 REFUGEES.—The Secretary of State shall ensure that a 

16 program officer in the Bureau of Population, Refugees, and 

17 Migration of the Department of State— 

18 (1) is stationed in a country in Southeast Asia 

19 or East Asia; and 

20 (2) is principally responsible for facilitating the 

21 processing and onward relocation of North Koreans 

22 eligible for the United States Refugee Admissions Pro23 gram or resettlement in South Korea. 

24 (c) RESETTLEMENT LOCATION ASSISTANCE EDU25 CATION.—The Secretary of State shall publicly disseminate 


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1 guidelines and information relating to resettlement options 

2 in the United States or South Korea for eligible North Ko3 rean refugees, with a particular focus on messaging to 

4 North Koreans. 

5 (d) MECHANISMS.—The guidelines and information 

6 described in subsection (c)— 

7 (1) shall be published on a publicly available 

8 website of the Department of State; 

9 (2) shall be broadcast into North Korea through 

10 radio broadcasting operations funded or supported by 

11 the United States Government; and 

12 (3) shall be distributed through brochures or elec13 tronic storage devices. 

14 SEC. 8. AUTHORIZATION OF SANCTIONS FOR FORCED RE15 PATRIATION OF NORTH KOREAN REFUGEES. 

16 (a) DISCRETIONARY DESIGNATIONS.—Section 

17 104(b)(1) of the North Korea Sanctions and Policy En18 hancement Act of 2016 (22 U.S.C. 9214) is amended— 

19 (1) in subparagraph (M), by striking ‘‘or’’ after 

20 the semicolon; 

21 (2) in subparagraph (N), by striking the period 

22 at the end and inserting ‘‘; or’’; and 

23 (3) by adding at the end the following: 


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1 ‘‘(O) knowingly, directly or indirectly, 

2 forced the repatriation of North Korean refugees 

3 to North Korea.’’. 

4 (b) EXEMPTIONS.—Section 208(a)(1) of the North 

5 Korea Sanctions and Policy Enhancement Act of 2016 (22 

6 U.S.C. 9228(a)(1)) is amended by inserting ‘‘, the Republic 

7 of Korea, and Japan’’ before the period at the end. 

8 SEC. 9. REPORT ON HUMANITARIAN EXEMPTIONS TO SANC9 TIONS IMPOSED WITH RESPECT TO NORTH 

10 KOREA. 

11 (a) SENSE OF CONGRESS.—It is the sense of Congress 

12 that— 

13 (1) the continued pursuit by the North Korean 

14 regime of weapons of mass destruction (including nu15 clear, chemical, and biological weapons), in addition 

16 to its ballistic missile program, along with the re17 gime’s gross violations of human rights, have led the 

18 international community to impose sanctions with re19 spect to North Korea, including sanctions imposed by 

20 the United Nations Security Council; 

21 (2) authorities should grant exemptions for hu22 manitarian assistance to the people of North Korea 

23 consistent with past United Nations Security Council 

24 resolutions; and 


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1 (3) humanitarian assistance intended to provide 

2 humanitarian relief to the people of North Korea 

3 must not be exploited or misdirected by the North Ko4 rean regime to benefit the military or elites of North 

5 Korea. 

6 (b) REPORTS REQUIRED.— 

7 (1) DEFINED TERM.—In this subsection, the 

8 term ‘‘covered period’’ means— 

9 (A) in the case of the first report required 

10 to be submitted under paragraph (2), the period 

11 beginning on January 1, 2018, and ending on 

12 the date that is 90 days after the date of the en13 actment of this Act; and 

14 (B) in the case of each subsequent report re15 quired to be submitted under paragraph (2), the 

16 1-year period preceding the date by which the re17 port is required to be submitted. 

18 (2) IN GENERAL.—Not later than 180 days after 

19 the date of the enactment of this Act, and annually 

20 thereafter for the following 2 years, the Secretary of 

21 State shall submit a report to Congress that— 

22 (A) describes— 

23 (i) how the North Korean regime has 

24 previously exploited humanitarian assist25 ance from the international community to 


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1 benefit elites and the military in North 

2 Korea; 

3 (ii) the most effective methods to pro4 vide humanitarian relief, including mecha5 nisms to facilitate humanitarian assistance, 

6 to the people of North Korea, who are in 

7 dire need of such assistance; 

8 (iii) any requests to the Committee of 

9 the United Nations Security Council estab10 lished by United Nations Security Council 

11 Resolution 1718 (2006) (referred to in this 

12 section as the ‘‘1718 Sanctions Committee’’) 

13 for humanitarian exemptions from sanc14 tions known to have been denied during the 

15 covered period or known to have been in 

16 process for more than 30 days as of the date 

17 of the report; and 

18 (iv) any known explanations for the 

19 denials and delays referred to in clause 

20 (iii); and 

21 (B) details any action by a foreign govern22 ment during the covered period that has delayed 

23 or impeded humanitarian assistance that was 

24 approved by the 1718 Sanctions Committee. 


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Calendar No. 457 

117TH CONGRESS 

2D SESSION S. 4216 

A BILL 

To reauthorize the North Korean Human Rights 

Act of 2004, and for other purposes. 

JULY 21, 2022 

Reported with an amendment 


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