North Korean Human Rights Reauthorization Act of 2023

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3012 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3012

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2023

   Mrs. Kim of California (for herself and Mr. Bera) introduced the 
 following bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
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 2023''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The North Korean Human Rights Act of 2004 (Public Law 
        108-333; 22 U.S.C. 7801 et seq.) and subsequent 
        reauthorizations of such Act were the product of broad, 
        bipartisan consensus regarding the promotion of human rights, 
        documentation of human rights violations, transparency in the 
        delivery of humanitarian assistance, and the importance of 
        refugee protection.
            (2) The human rights and humanitarian conditions within 
        North Korea remain deplorable and have been intentionally 
        perpetuated against the people of North Korea through policies 
        endorsed and implemented by Kim Jong-un and the Workers' Party 
        of Korea.
            (3) According to a 2014 report released by the United 
        Nations Human Rights Council's Commission of Inquiry on Human 
        Rights in the Democratic People's Republic of Korea, between 
        80,000 and 120,000 children, women, and men were being held in 
        political prison camps in North Korea, where they were 
        subjected to deliberate starvation, forced labor, executions, 
        torture, rape, forced abortion, and infanticide.
            (4) North Korea continues to hold a number of South Koreans 
        and Japanese abducted after the signing of the Agreement 
        Concerning a Military Armistice in Korea, signed at Panmunjom 
        July 27, 1953 (commonly referred to as the ``Korean War 
        Armistice Agreement'') and refuses to acknowledge the abduction 
        of more than 100,000 South Koreans during the Korean War in 
        violation of the Geneva Convention.
            (5) Human rights violations in North Korea, which include 
        forced starvation, sexual violence against women and children, 
        restrictions on freedom of movement, arbitrary detention, 
        torture, executions, and enforced disappearances, amount to 
        crimes against humanity according to the United Nations 
        Commission of Inquiry on Human Rights in the Democratic 
        People's Republic of Korea.
            (6) The effects of the COVID-19 pandemic and North Korea's 
        strict lockdown of its borders and crackdowns on informal 
        market activities and small entrepreneurship have drastically 
        increased food insecurity for its people and given rise to 
        famine conditions in parts of the country.
            (7) North Korea's COVID-19 border lockdown measures also 
        include shoot-to-kill orders that have resulted in the killing 
        of--
                    (A) North Koreans attempting to cross the border; 
                and
                    (B) at least 1 South Korean citizen in September 
                2020.
            (8) The Government of the People's Republic of China is 
        aiding and abetting in crimes against humanity by forcibly 
        repatriating North Korean refugees to North Korea where they 
        are sent to prison camps, harshly interrogated, and tortured or 
        executed.
            (9) The forcible repatriation of North Korean refugees 
        violates the People's Republic of China's freely undertaken 
        obligation to uphold the principle of non-refoulement, as a 
        state party to the Convention Relating to the Status of 
        Refugees, done at Geneva July 28, 1951 (and made applicable by 
        the Protocol Relating to the Status of Refugees, done at New 
        York January 31, 1967 (19 UST 6223)).
            (10) North Korea continues to bar freedom of religion and 
        persecute religious minorities, especially Christians. 
        Eyewitnesses report that Christians in North Korea have been 
        tortured, forcibly detained, and even executed for possessing a 
        Bible or professing Christianity.
            (11) United States and international broadcasting 
        operations into North Korea--
                    (A) serve as a critical source of outside news and 
                information for the North Korean people; and
                    (B) provide a valuable service for countering 
                regime propaganda and false narratives.
            (12) The position of Special Envoy on North Korean Human 
        Rights Issues was vacant from January 2017 to December 2022, 
        even though the President is required to appoint a Senate-
        confirmed Special Envoy to fill this position in accordance 
        with section 107 of the North Korean Human Rights Act of 2004 
        (22 U.S.C. 7817). In January 2023 President Biden nominated 
        Julie Turner as Special Envoy on North Korean Human Rights and 
        Issues and her nomination is currently awaiting Senate 
        confirmation.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) promoting information access in North Korea continues 
        to be a successful method of countering DPRK propaganda and the 
        United States Government should continue to support 
        nongovernmental radio broadcasting to North Korea and promote 
        other emerging methods in this space;
            (2) because refugees among North Koreans fleeing into China 
        face severe punishments upon their forcible return, the United 
        States should urge the Government of the People's Republic of 
        China--
                    (A) to immediately halt its forcible repatriation 
                of North Koreans;
                    (B) to allow the United Nations High Commissioner 
                for Refugees (referred to in this section as ``UNHCR'') 
                unimpeded access to North Koreans within China to 
                determine whether they are refugees and require 
                assistance;
                    (C) to fulfill its obligations as a state party to 
                the Convention Relating to the Status of Refugees, done 
                at Geneva July 28, 1951 (and made applicable by the 
                Protocol Relating to the Status of Refugees, done at 
                New York January 31, 1967 (19 UST 6223) 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, done at Geneva December 
                1, 1995;
                    (D) to address the concerns of the United Nations 
                Committee Against Torture by incorporating into 
                domestic legislation the principle of non-refoulement; 
                and
                    (E) to recognize the legal status of North Korean 
                women who marry or have children with Chinese citizens 
                and ensure that all such mothers and children are 
                granted resident status and access to education and 
                other public services in accordance with Chinese law 
                and international standards;
            (3) the United States Government should continue to promote 
        the effective and transparent delivery and distribution of any 
        humanitarian aid provided in North Korea to ensure that such 
        aid reaches its intended recipients to the point of consumption 
        or utilization by cooperating closely with the Government of 
        the Republic of Korea and international and nongovernmental 
        organizations;
            (4) 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, including by 
        continuing its policy of blocking United States passports from 
        being used to travel to North Korea without a special 
        validation from the Department of State;
            (5) the United Nations, which has a significant role to 
        play in promoting and improving human rights in North Korea, 
        should press for access for the United Nations Special 
        Rapporteur and the United Nations High Commissioner for Human 
        Rights on the situation of human rights in North Korea;
            (6) Julie Turner, Nominee for Special Envoy on North Korean 
        Human Rights Issues should be confirmed without delay--
                    (A) to properly promote and coordinate North Korean 
                human rights and humanitarian issues; and
                    (B) to participate in policy planning and 
                implementation with respect to refugee issues;
            (7) the United States should urge North Korea to repeal the 
        Reactionary Thought and Culture Denunciation Law and other 
        draconian laws, regulations, and decrees that manifestly 
        violate the freedom of opinion and expression and the freedom 
        of thought, conscience, and religion;
            (8) the United States should urge North Korea to ensure 
        that any restrictions on addressing the COVID-19 pandemic are 
        necessary, proportionate, nondiscriminatory, time-bound, 
        transparent, and allow international staff to operate inside 
        the North Korea to provide international assistance based on 
        independent needs assessments;
            (9) the United States should expand the Rewards for Justice 
        program to be open to North Korean officials who can provide 
        evidence of crimes against humanity being committed by North 
        Korean officials;
            (10) the United States should continue to seek cooperation 
        from all foreign governments--
                    (A) to allow the UNHCR access to process North 
                Korean refugees overseas for resettlement; and
                    (B) to allow United States officials access to 
                process refugees for possible resettlement in the 
                United States; and
            (11) 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, escapees, and defectors.

SEC. 4. REAUTHORIZATIONS.

    (a) Support for Human Rights and Democracy Programs.--Section 
102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 
7812(b)(1)) is amended by striking ``2022'' and inserting ``2028''.
    (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), by striking ``2022'' and 
        inserting ``2028''; and
            (2) in subsection (c), by striking ``2022'' and inserting 
        ``2028''.
    (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 ``2022'' and inserting ``2028''.
    (d) Report on United States Humanitarian Assistance.--Section 
201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a)) 
is amended, in the matter preceding paragraph (1), by striking ``2022'' 
and inserting ``2028''.
    (e) Assistance Provided Outside of North Korea.--Section 203 of the 
North Korean Human Rights Act of 2004 (22 U.S.C. 7833) is amended--
            (1) in subsection (b)(2), by striking ``103(15)'' and 
        inserting ``103(17)''; and
            (2) in subsection (c)(1), by striking ``2018 through 2022'' 
        and inserting ``2023 through 2028''.
    (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 ``2022'' and inserting ``2028''.

SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

    Title I of the North Korean Human Rights Act of 2004 (22 U.S.C. 
7811 et seq.) is amended--
            (1) in section 103(a), by striking ``Broadcasting Board of 
        Governors'' and inserting ``United States Agency for Global 
        Media''; and
            (2) in section 104(a)--
                    (A) by striking ``Broadcasting Board of Governors'' 
                each place such term appears and inserting ``United 
                States Agency for Global Media'';
                    (B) in paragraph (7)(B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``5 years'' and inserting ``10 
                        years'';
                            (ii) by redesignating clauses (i) through 
                        (iii) as clauses (ii) through (iv), 
                        respectively;
                            (iii) by inserting before clause (ii) the 
                        following:
                            ``(i) an update of the plan required under 
                        subparagraph (A);''; and
                            (iv) in clause (iii), as redesignated, by 
                        striking ``pursuant to section 403'' and 
                        inserting ``to carry out this section''.

SEC. 6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS ISSUES.

     Section 107 of the North Korean Human Rights Act of 2004 (22 
U.S.C. 7817) is amended by adding at the end the following:
    ``(e) Report on Appointment of Special Envoy.--Not later than 180 
days after the date of the enactment of this subsection and annually 
thereafter through 2028 if the position of Special Envoy remains 
vacant, the Secretary of State shall submit a report to the appropriate 
congressional committees that describes the efforts being taken to 
appoint the Special Envoy.''.

SEC. 7. SENSE OF CONGRESS REGARDING KOREAN-AMERICAN DIVIDED FAMILIES.

    It is the sense of Congress that--
            (1) the United States and North Korea should begin the 
        process of reuniting Korean-American divided family members 
        with their immediate relatives through ways such as--
                    (A) identifying divided families in the United 
                States and North Korea who are willing and able to 
                participate in a pilot program for family reunions;
                    (B) finding matches for members of such families 
                through organizations such as the Red Cross; and
                    (C) working with the Government of South Korea to 
                include American citizens in inter-Korean video 
                reunions;
            (2) the institution of family is inalienable and the 
        restoration of contact between divided families whether 
        physically, literarily, or virtually is an urgent need; and
            (3) the United States and North Korea should pursue 
        reunions as a humanitarian priority of immediate concern.
                                 &lt;all&gt;
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