108 HR 3012 IH: North Korean Human Rights Reauthorization Act of 2023
U.S. House of Representatives
2023-04-28
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I
118th CONGRESS
1st Session
H. R. 3012
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.
1.

Short title
This Act may be cited as the “North Korean Human Rights Reauthorization Act of 2023”.
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.
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.
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”.
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”.
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.”.
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.