North Korean Human Rights Reauthorization Act of 2023

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

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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.
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