Short title

This Act may be cited as the

North Korean Human Rights Reauthorization Act of 2023

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.

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.

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.

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.

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.

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.