[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 584 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 584
To reauthorize the North Korean Human Rights Act of 2004, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Rubio (for himself and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
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 Chinese Communist Party and the Government of the
People's Republic of China are 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, under
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 has been vacant since January 2017, 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).
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 North Korean
propaganda;
(2) the United States Government should continue to support
efforts described in paragraph (1), including by enacting and
implementing the Otto Warmbier North Korean Censorship and
Surveillance Act of 2021, which was introduced by Senator
Portman on June 17, 2021;
(3) 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 under 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 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;
(5) 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;
(6) 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;
(7) the Special Envoy for North Korean Human Rights Issues
should be appointed 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;
(8) 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;
(9) 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;
(10) 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;
(11) 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
(12) 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. SUPPORT FOR NORTH KOREAN REFUGEES.
(a) In General.--The Secretary of State and the Secretary of
Homeland Security should collaborate with faith-based and Korean-
American organizations to resettle North Korean participants in the
United States Refugee Admissions Program in areas with existing Korean-
American communities to mitigate trauma and mental health
considerations of refugees, as appropriate.
(b) Resettlement Location Assistance Education.--The Secretary of
State shall publicly disseminate guidelines and information relating to
resettlement options in the United States or South Korea for eligible
North Korean refugees, with a particular focus on messaging to North
Koreans.
(c) Mechanisms.--The guidelines and information described in
subsection (b)--
(1) shall be published on a publicly available website of
the Department of State;
(2) shall be broadcast into North Korea through radio
broadcasting operations funded or supported by the United
States Government; and
(3) shall be distributed through brochures or electronic
storage devices.
SEC. 8. AUTHORIZATION OF SANCTIONS FOR FORCED REPATRIATION OF NORTH
KOREAN REFUGEES.
(a) Discretionary Designations.--Section 104(b)(1) of the North
Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214) is
amended--
(1) in subparagraph (M), by striking ``or'' after the
semicolon;
(2) in subparagraph (N), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(O) knowingly, directly or indirectly, forced the
repatriation of North Korean refugees to North
Korea.''.
(b) Exemptions.--Section 208(a)(1) of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9228(a)(1)) is amended by
inserting ``, the Republic of Korea, and Japan'' before the period at
the end.
SEC. 9. REPORT ON HUMANITARIAN EXEMPTIONS TO SANCTIONS IMPOSED WITH
RESPECT TO NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the continued pursuit by the North Korean regime of
weapons of mass destruction (including nuclear, chemical, and
biological weapons), in addition to its ballistic missile
program, along with the regime's gross violations of human
rights, have led the international community to impose
sanctions with respect to North Korea, including sanctions
imposed by the United Nations Security Council;
(2) authorities should grant exemptions for humanitarian
assistance to the people of North Korea consistent with past
United Nations Security Council resolutions; and
(3) humanitarian assistance intended to provide
humanitarian relief to the people of North Korea must not be
exploited or misdirected by the North Korean regime to benefit
the military or elites of North Korea.
(b) Reports Required.--
(1) Defined term.--In this subsection, the term ``covered
period'' means--
(A) in the case of the first report required to be
submitted under paragraph (2), the period beginning on
January 1, 2018, and ending on the date that is 90 days
after the date of the enactment of this Act; and
(B) in the case of each subsequent report required
to be submitted under paragraph (2), the 1-year period
preceding the date by which the report is required to
be submitted.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 2 years, the Secretary of State shall submit a report
to Congress that--
(A) describes--
(i) how the North Korean regime has
previously exploited humanitarian assistance
from the international community to benefit
elites and the military in North Korea;
(ii) the most effective methods to provide
humanitarian relief, including mechanisms to
facilitate humanitarian assistance, to the
people of North Korea, who are in dire need of
such assistance;
(iii) any requests to the Committee of the
United Nations Security Council established by
United Nations Security Council Resolution 1718
(2006) (referred to in this section as the
``1718 Sanctions Committee'') for humanitarian
exemptions from sanctions known to have been
denied during the covered period or known to
have been in process for more than 30 days as
of the date of the report; and
(iv) any known explanations for the denials
and delays referred to in clause (iii); and
(B) details any action by a foreign government
during the covered period that has delayed or impeded
humanitarian assistance that was approved by the 1718
Sanctions Committee.
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