II 

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 

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: 

8 (1) The North Korean Human Rights Act of 

9 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) 

10 and subsequent reauthorizations of such Act were 


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1 the product of broad, bipartisan consensus regarding 

2 the promotion of human rights, documentation of 

3 human rights violations, transparency in the delivery 

4 of humanitarian assistance, and the importance of 

5 refugee protection. 

6 (2) The human rights and humanitarian condi7 tions within North Korea remain deplorable and 

8 have been intentionally perpetuated against the peo9 ple of North Korea through policies endorsed and 

10 implemented by Kim Jong-un and the Workers’ 

11 Party of Korea. 

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

13 United Nations Human Rights Council’s Commis14 sion of Inquiry on Human Rights in the Democratic 

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

16 120,000 children, women, and men were being held 

17 in political prison camps in North Korea, where they 

18 were subjected to deliberate starvation, forced labor, 

19 executions, torture, rape, forced abortion, and infan20 ticide. 

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

22 South Koreans and Japanese abducted after the 

23 signing of the Agreement Concerning a Military Ar24 mistice in Korea, signed at Panmunjom July 27, 

25 1953 (commonly referred to as the ‘‘Korean War 


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1 Armistice Agreement’’), and refuses to acknowledge 

2 the abduction of more than 100,000 South Koreans 

3 during the Korean War in violation of the Geneva 

4 Convention. 

5 (5) Human rights violations in North Korea, 

6 which include forced starvation, sexual violence 

7 against women and children, restrictions on freedom 

8 of movement, arbitrary detention, torture, execu9 tions, and enforced disappearances, amount to 

10 crimes against humanity according to the United 

11 Nations Commission of Inquiry on Human Rights in 

12 the Democratic People’s Republic of Korea. 

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

14 North Korea’s strict lockdown of its borders and 

15 crackdowns on informal market activities and small 

16 entrepreneurship have drastically increased food in17 security for its people and given rise to famine con18 ditions in parts of the country. 

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

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

21 resulted in the killing of— 

22 (A) North Koreans attempting to cross the 

23 border; and 

24 (B) at least 1 South Korean citizen in Sep25 tember 2020. 


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1 (8) The Chinese Communist Party and the 

2 Government of the People’s Republic of China are 

3 aiding and abetting in crimes against humanity by 

4 forcibly repatriating North Korean refugees to 

5 North Korea where they are sent to prison camps, 

6 harshly interrogated, and tortured or executed. 

7 (9) The forcible repatriation of North Korean 

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

9 freely undertaken obligation to uphold the principle 

10 of non-refoulement, under the Convention Relating 

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

12 1951 (and made applicable by the Protocol Relating 

13 to the Status of Refugees, done at New York Janu14 ary 31, 1967 (19 UST 6223)). 

15 (10) North Korea continues to bar freedom of 

16 religion and persecute religious minorities, especially 

17 Christians. Eyewitnesses report that Christians in 

18 North Korea have been tortured, forcibly detained, 

19 and even executed for possessing a Bible or pro20 fessing Christianity. 

21 (11) United States and international broad22 casting operations into North Korea— 

23 (A) serve as a critical source of outside 

24 news and information for the North Korean 

25 people; and 


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1 (B) provide a valuable service for coun2 tering regime propaganda and false narratives. 

3 (12) The position of Special Envoy on North 

4 Korean Human Rights Issues has been vacant since 

5 January 2017, even though the President is required 

6 to appoint a Senate-confirmed Special Envoy to fill 

7 this position in accordance with section 107 of the 

8 North Korean Human Rights Act of 2004 (22 

9 U.S.C. 7817). 

10 SEC. 3. SENSE OF CONGRESS. 

11 It is the sense of Congress that— 

12 (1) promoting information access in North 

13 Korea continues to be a successful method of coun14 tering North Korean propaganda; 

15 (2) the United States Government should con16 tinue to support efforts described in paragraph (1), 

17 including by enacting and implementing the Otto 

18 Warmbier North Korean Censorship and Surveil19 lance Act of 2021, which was introduced by Senator 

20 Portman on June 17, 2021; 

21 (3) because refugees among North Koreans 

22 fleeing into China face severe punishments upon 

23 their forcible return, the United States should urge 

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


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1 (A) to immediately halt its forcible repatri2 ation of North Koreans; 

3 (B) to allow the United Nations High 

4 Commissioner for Refugees (referred to in this 

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

6 North Koreans within China to determine 

7 whether they are refugees and require assist8 ance; 

9 (C) to fulfill its obligations under the Con10 vention Relating to the Status of Refugees, 

11 done at Geneva July 28, 1951 (and made appli12 cable by the Protocol Relating to the Status of 

13 Refugees, done at New York January 31, 1967 

14 (19 UST 6223), and the Agreement on the up15 grading of the UNHCR Mission in the People’s 

16 Republic of China to UNHCR branch office in 

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

18 December 1, 1995; 

19 (D) to address the concerns of the United 

20 Nations Committee Against Torture by incor21 porating into domestic legislation the principle 

22 of non-refoulement; and 

23 (E) to recognize the legal status of North 

24 Korean women who marry or have children with 

25 Chinese citizens and ensure that all such mothVerDate Sep 11 2014 22:30 May 17, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4216.IS S4216

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1 ers and children are granted resident status 

2 and access to education and other public serv3 ices in accordance with Chinese law and inter4 national standards; 

5 (4) the United States Government should con6 tinue to promote the effective and transparent deliv7 ery and distribution of any humanitarian aid pro8 vided in North Korea to ensure that such aid 

9 reaches its intended recipients to the point of con10 sumption or utilization by cooperating closely with 

11 the Government of the Republic of Korea and inter12 national and nongovernmental organizations; 

13 (5) the Department of State should continue to 

14 take steps to increase public awareness about the 

15 risks and dangers of travel by United States citizens 

16 to North Korea, including by continuing its policy of 

17 blocking United States passports from being used to 

18 travel to North Korea without a special validation 

19 from the Department of State; 

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

21 role to play in promoting and improving human 

22 rights in North Korea, should press for access for 

23 the United Nations Special Rapporteur and the 

24 United Nations High Commissioner for Human 


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1 Rights on the situation of human rights in North 

2 Korea; 

3 (7) the Special Envoy for North Korean 

4 Human Rights Issues should be appointed without 

5 delay— 

6 (A) to properly promote and coordinate 

7 North Korean human rights and humanitarian 

8 issues; and 

9 (B) to participate in policy planning and 

10 implementation with respect to refugee issues; 

11 (8) the United States should urge North Korea 

12 to repeal the Reactionary Thought and Culture De13 nunciation Law and other draconian laws, regula14 tions, and decrees that manifestly violate the free15 dom of opinion and expression and the freedom of 

16 thought, conscience, and religion; 

17 (9) the United States should urge North Korea 

18 to ensure that any restrictions on addressing the 

19 COVID–19 pandemic are necessary, proportionate, 

20 nondiscriminatory, time-bound, transparent, and 

21 allow international staff to operate inside the North 

22 Korea to provide international assistance based on 

23 independent needs assessments; 

24 (10) the United States should expand the Re25 wards for Justice program to be open to North KoVerDate Sep 11 2014 22:30 May 17, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4216.IS S4216

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1 rean officials who can provide evidence of crimes 

2 against humanity being committed by North Korean 

3 officials; 

4 (11) the United States should continue to seek 

5 cooperation from all foreign governments— 

6 (A) to allow the UNHCR access to process 

7 North Korean refugees overseas for resettle8 ment; and 

9 (B) to allow United States officials access 

10 to process refugees for possible resettlement in 

11 the United States; and 

12 (12) the Secretary of State, through diplomacy 

13 by senior officials, including United States ambas14 sadors to Asia-Pacific countries, and in close co15 operation with South Korea, should make every ef16 fort to promote the protection of North Korean refu17 gees, escapees, and defectors. 

18 SEC. 4. REAUTHORIZATIONS. 

19 (a) SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY

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

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

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

23 (b) ACTIONS TO PROMOTE FREEDOM OF INFORMA24 TION.—Section 104 of the North Korean Human Rights 

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


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

2 and inserting ‘‘2027’’; and 

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

4 inserting ‘‘2027’’. 

5 (c) REPORT BY SPECIAL ENVOY ON NORTH KOREAN

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

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

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

9 (d) REPORT ON UNITED STATES HUMANITARIAN AS10 SISTANCE.—Section 201(a) of the North Korean Human 

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

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

13 and inserting ‘‘2027’’. 

14 (e) ASSISTANCE PROVIDED OUTSIDE OF NORTH

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

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

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

18 through 2027’’. 

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

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

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

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


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1 SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMA2 TION. 

3 Title I of the North Korean Human Rights Act of 

4 2004 (22 U.S.C. 7811 et seq.) is amended— 

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

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

7 Agency for Global Media’’; and 

8 (2) in section 104(a)— 

9 (A) by striking ‘‘Broadcasting Board of 

10 Governors’’ each place such term appears and 

11 inserting ‘‘United States Agency for Global 

12 Media’’; and 

13 (B) in paragraph (7)(B)— 

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

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

16 years’’; 

17 (ii) by redesignating clauses (i) 

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

19 respectively; 

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

21 following: 

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

23 under subparagraph (A);’’; and 

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

25 striking ‘‘pursuant to section 403’’ and in26 serting ‘‘to carry out this section’’. 


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1 SEC. 6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN 

2 RIGHTS ISSUES. 

3 Section 107 of the North Korean Human Rights Act 

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

5 end the following: 

6 ‘‘(e) REPORT ON APPOINTMENT OF SPECIAL

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

8 enactment of this subsection and annually thereafter 

9 through 2027 if the position of Special Envoy remains va10 cant, the Secretary of State shall submit a report to the 

11 appropriate congressional committees that describes the 

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

13 SEC. 7. SUPPORT FOR NORTH KOREAN REFUGEES. 

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

15 Secretary of Homeland Security should collaborate with 

16 faith-based and Korean-American organizations to resettle 

17 North Korean participants in the United States Refugee 

18 Admissions Program in areas with existing Korean-Amer19 ican communities to mitigate trauma and mental health 

20 considerations of refugees, as appropriate. 

21 (b) RESETTLEMENT OFFICE FOR NORTH KOREAN

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

23 program officer in the Bureau of Population, Refugees, 

24 and Migration of the Department of State— 

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

26 or East Asia; and 


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1 (2) is principally responsible for facilitating the 

2 processing and onward relocation of North Koreans 

3 eligible for the United States Refugee Admissions 

4 Program or resettlement in South Korea. 

5 (c) RESETTLEMENT LOCATION ASSISTANCE EDU6 CATION.—The Secretary of State shall publicly dissemi7 nate guidelines and information relating to resettlement 

8 options in the United States or South Korea for eligible 

9 North Korean refugees, with a particular focus on mes10 saging to North Koreans. 

11 (d) MECHANISMS.—The guidelines and information 

12 described in subsection (c)— 

13 (1) shall be published on a publicly available 

14 website of the Department of State; 

15 (2) shall be broadcast into North Korea 

16 through radio broadcasting operations funded or 

17 supported by the United States Government; and 

18 (3) shall be distributed through brochures or 

19 electronic storage devices. 

20 SEC. 8. AUTHORIZATION OF SANCTIONS FOR FORCED RE21 PATRIATION OF NORTH KOREAN REFUGEES. 

22 (a) DISCRETIONARY DESIGNATIONS.—Section 

23 104(b)(1) of the North Korea Sanctions and Policy En24 hancement Act of 2016 (22 U.S.C. 9214) is amended— 


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

2 the semicolon; 

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

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

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

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

7 forced the repatriation of North Korean refu8 gees to North Korea.’’. 

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

10 Korea Sanctions and Policy Enhancement Act of 2016 (22 

11 U.S.C. 9228(a)(1)) is amended by inserting ‘‘, the Repub12 lic of Korea, and Japan’’ before the period at the end. 

Æ 


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