Text: H.R.4240 — 112th Congress (2011-2012)All Bill Information (Except Text)

Text available as:

Shown Here:
Public Law No: 112-172 (08/16/2012)




[112th Congress Public Law 172]
[From the U.S. Government Printing Office]



[[Page 126 STAT. 1307]]

Public Law 112-172
112th Congress

                                 An Act


 
To reauthorize the North Korean Human Rights Act of 2004, and for other 
            purposes. <<NOTE: Aug. 16, 2012 -  [H.R. 4240]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Ambassador James 
R. Lilley and Congressman Stephen J. Solarz North Korea Human Rights 
Reauthorization Act of 2012. 22 USC 7801 note. 22 USC 7801 note.>> 
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.) and the North Korean Human 
        Rights Reauthorization Act of 2008 (Public Law 110-346) were the 
        product of broad, bipartisan consensus regarding the promotion 
        of human rights, transparency in the delivery of humanitarian 
        assistance, and the importance 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) <<NOTE: Kim Jong-Un. Kim Jong-Il.>>  Although the 
        transition to the leadership of Kim Jong-Un after the death of 
        Kim Jong-Il has introduced new uncertainties and possibilities, 
        the fundamental human rights and humanitarian conditions inside 
        North Korea remain deplorable, North Korean 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 transition, including authorization for on-
        the-spot execution of attempted defectors, as well as an 
        increase 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 Koreans, including dozens of presumed refugees 
        who were the subject of international humanitarian appeals 
        during February and March of 2012.
            (6) The United States, which has the largest international 
        refugee resettlement program in the world, has resettled 128

[[Page 126 STAT. 1308]]

        North Koreans since passage 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 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 ambassadors to Asia-
        Pacific countries, and close cooperation 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 repatriation of 
                North Koreans;
                    (B) fulfill its obligations pursuant to the 1951 
                United Nations Convention Relating to the Status of 
                Refugees, the 1967 Protocol Relating 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 Republic of China; and
                    (C) allow the United Nations High Commissioner for 
                Refugees (UNHCR) unimpeded access to North Koreans 
                inside China to determine 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 <<NOTE: Deadline. Reports.>>  days after the date 
of the enactment of this Act, the Broadcasting Board of Governors (BBG) 
shall submit to the appropriate congressional committees, 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 States broadcasting to North Korea and the extent to which the 
BBG has achieved the goal of 12-hour-per-day broadcasting

[[Page 126 STAT. 1309]]

to North Korea pursuant to section 103 of such Act (22 U.S.C. 7813).
SEC. 6. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

    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)) is amended by striking ``2012'' and inserting ``2017''.
SEC. 8. 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 ``2012'' and inserting ``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--
            (1) by striking ``$20,000,000'' and inserting 
        ``$5,000,000''; and
            (2) by striking ``2005 through 2012'' and inserting ``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 matter preceding paragraph (1) by 
striking ``2012'' and inserting ``2017''.

    Approved August 16, 2012.

LEGISLATIVE HISTORY--H.R. 4240:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 158 (2012):
            May 15, considered and passed House.
            Aug. 2, considered and passed Senate.

                                  <all>