[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3012 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 3012


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2024

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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 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 aimed to promote the protection of 
        human rights, documentation of human rights violations, 
        transparency in the delivery of humanitarian assistance, and 
        the importance of refugee protection.
            (2) According to the State Department's 2023 Country 
        Reports on Human Rights Practices, there are ``widespread 
        reports of political prisoners and detainees. . . most external 
        estimates were between 80,000 and 120,000; some NGOs placed the 
        figure as high as 200,000.''
            (3) 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.
            (4) According to the State Department's 2023 Country 
        Reports on Human Rights Practices, there are significant human 
        rights violations in North Korea, which include ``arbitrary or 
        unlawful killings, including extrajudicial killings; enforced 
        disappearance; torture or cruel, inhuman, or degrading 
        treatment;. . . and extensive gender based-violence.''
            (5) 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.
            (6) 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 official in September 
                2020.
            (7) The Government of the People's Republic of China is 
        aiding and abetting North Korea's human rights violations by 
        forcibly repatriating North Korean refugees to North Korea 
        where they are sent to prison camps, harshly interrogated, and 
        tortured or executed.
            (8) 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 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)).
            (9) North Korea continues to deny freedom of religion and 
        persecute religious minorities, especially Christians and 
        followers of Shaminism. Eyewitnesses report that Christians in 
        North Korea have been tortured, forcibly detained, and even 
        executed for possessing a Bible or professing Christianity.
            (10) 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 She was confirmed in July 2023.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) 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 Government of 
        North Korea.
            (2) 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;
            (3) because refugees among North Koreans fleeing into the 
        People's Republic of 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;
            (4) the United States 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;
            (5) the United States currently blocks United States 
        passports from being used to travel to North Korea without a 
        special validation from the Department of State, and 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;
            (6) the United Nations has a significant role to play in 
        promoting and improving human rights in North Korea and should 
        press for access for the Special Rapporteur on the situation of 
        human rights in North Korea, as well as for the United Nations 
        High Commissioner for Human Rights;
            (7) North Korea should 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 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;
            (9) 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
            (10) 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 ``2024 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) by redesignating clauses (i) through 
                        (iii) as clauses (ii) through (iv), 
                        respectively;
                            (ii) by inserting before clause (ii), as so 
                        redesignated the following:
                            ``(i) an update of the plan required under 
                        subparagraph (A);''; and
                            (iv) in clause (iii), as so 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.--If the position of 
Special Envoy will remain vacant for 1 year or longer without any 
presidential nomination to appoint a new Special Envoy, not later than 
90 days before the date on which such position becomes vacant for 1 
year, the Secretary of State shall submit to the appropriate 
congressional committees a report that describes the efforts being 
taken to appoint a new Special Envoy.''.

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

    It is the sense of Congress--
            (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.

            Passed the House of Representatives November 20, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.