II 
Calendar No. 458 
112TH CONGRESS 
2D SESSION 
H. R. 4240 
IN THE SENATE OF THE UNITED STATES 
MAY 16, 2012 
Received; read twice and referred to the Committee on Foreign Relations 
JULY 18, 2012 
Reported by Mr. KERRY, without amendment 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ambassador James 
R. Lilley and Congressman Stephen J. Solarz North 
Korea Human Rights Reauthorization Act of 2012’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The North Korean Human Rights Act of 
2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) 
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and the North Korean Human Rights Reauthoriza-
tion Act of 2008 (Public Law 110–346) were the 
product of broad, bipartisan consensus regarding the 
promotion of human rights, transparency in the de-
livery of humanitarian assistance, and the impor-
tance of refugee protection. 
(2) 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 in the two-million strong Korean-American 
community have family ties to North Korea. 
(3) Although the transition to the leadership of 
Kim Jong-Un after the death of Kim Jong-Il has in-
troduced new uncertainties and possibilities, the fun-
damental human rights and humanitarian conditions 
inside North Korea remain deplorable, North Ko-
rean refugees remain acutely vulnerable, and the 
findings in the 2004 Act and 2008 Reauthorization 
remain substantially accurate today. 
(4) Media and nongovernmental organizations 
have reported a crackdown on unauthorized border 
crossing during the North Korean leadership transi-
tion, including authorization for on-the-spot execu-
tion of attempted defectors, as well as an increase 
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in punishments during the 100-day official mourning 
period after the death of Kim Jong-Il. 
(5) Notwithstanding high-level advocacy by the 
United States, the Republic of Korea, and the 
United Nations High Commissioner for Refugees, 
China has continued to forcibly repatriate North Ko-
reans, including dozens of presumed refugees who 
were the subject of international humanitarian ap-
peals during February and March of 2012. 
(6) The United States, which has the largest 
international refugee resettlement program in the 
world, has resettled 128 North Koreans since pas-
sage of the 2004 Act, including 23 North Koreans 
in fiscal year 2011. 
(7) In a career of Asia-focused public service 
that spanned more than half a century, including 
service as a senior United States diplomat in times 
and places where there were significant challenges to 
human rights, Ambassador James R. Lilley also 
served as a director of the Committee for Human 
Rights in North Korea until his death in 2009. 
(8) Following his 18 years of service in the 
House of Representatives, including as Chairman of 
the Foreign Affairs Subcommittee on East Asian 
and Pacific Affairs, Stephen J. Solarz committed 
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himself to, in his words, highlighting ‘‘the plight of 
ordinary North Koreans who are denied even the 
most basic human rights, and the dramatic and 
heart-rending stories of those who risk their lives in 
the struggle to escape what is certainly the world’s 
worst nightmare’’, and served as co-chairman of the 
Committee for Human Rights in North Korea until 
his death in 2010. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States should continue to seek 
cooperation from foreign governments to allow the 
United States to process North Korean refugees 
overseas for resettlement in the United States, 
through persistent diplomacy by senior officials of 
the United States, including United States ambas-
sadors to Asia-Pacific countries, and close coopera-
tion with its ally, the Republic of Korea; and 
(2) because there are genuine refugees among 
North Koreans fleeing into China who face severe 
punishments upon their forcible return, the United 
States should urge the People’s Republic of China 
to— 
(A) immediately halt its forcible repatri-
ation of North Koreans; 
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(B) fulfill its obligations pursuant to the 
1951 United Nations Convention Relating to 
the Status of Refugees, the 1967 Protocol Re-
lating to the Status of Refugees, and the 1995 
Agreement on the Upgrading of the UNHCR 
Mission in the People’s Republic of China to 
UNHCR Branch Office in the People’s Repub-
lic of China; and 
(C) allow the United Nations High Com-
missioner for Refugees (UNHCR) unimpeded 
access to North Koreans inside China to deter-
mine whether such North Koreans are refugees 
requiring protection. 
SEC. 4. 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 ‘‘2012’’ and inserting ‘‘2017’’. 
SEC. 5. RADIO BROADCASTING TO NORTH KOREA. 
Not later than 120 days after the date of the enact-
ment of this Act, the Broadcasting Board of Governors 
(BBG) shall submit to the appropriate congressional com-
mittees, as defined in section 5(1) of the North Korean 
Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report 
that describes the status and content of current United 
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States broadcasting to North Korea and the extent to 
which the BBG has achieved the goal of 12-hour-per-day 
broadcasting to North Korea pursuant to section 103 of 
such Act (22 U.S.C. 7813). 
SEC. 6. ACTIONS TO PROMOTE FREEDOM OF INFORMA-
TION. 
Subsections (b)(1) and (c) of section 104 of the 
North Korean Human Rights Act of 2004 (22 U.S.C. 
7814) is amended by striking ‘‘2012’’ and inserting 
‘‘2017’’ each place it appears. 
SEC. 7. 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)) by striking ‘‘2012’’ and 
inserting ‘‘2017’’. 
SEC. 8. REPORT ON UNITED STATES HUMANITARIAN AS-
SISTANCE. 
Section 201(a) of the North Korean Human Rights 
Act of 2004 (22 U.S.C. 7831(a)) is amended, in the mat-
ter preceding paragraph (1), by striking ‘‘2012’’ and in-
serting ‘‘2017’’. 
SEC. 9. 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— 
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(1) by striking ‘‘$20,000,000’’ and inserting 
‘‘$5,000,000’’; and 
(2) by striking ‘‘2005 through 2012’’ and in-
serting ‘‘2013 through 2017’’. 
SEC. 10. ANNUAL REPORTS. 
Section 305(a) of the North Korean Human Rights 
Act of 2004 (22 U.S.C. 7845(a)) is amended, in the mat-
ter preceding paragraph (1) by striking ‘‘2012’’ and in-
serting ‘‘2017’’. 
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Calendar No. 458 
112TH CONGRESS 
2D SESSION 
H. R. 4240 
AN ACT 
To reauthorize the North Korean Human Rights 
Act of 2004, and for other purposes. 
JULY 18, 2012 
Reported without amendment 
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