Text: H.R.4240 — 112th Congress (2011-2012)All Information (Except Text)
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
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
(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
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
(2) by striking ``2005 through 2012'' and inserting ``2013
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.