[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4240 Engrossed in House (EH)]
112th CONGRESS
2d Session
H. R. 4240
_______________________________________________________________________
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 ``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) 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
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 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 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)) 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''.
Passed the House of Representatives May 15, 2012.
Attest:
Clerk.
112th CONGRESS
2d Session
H. R. 4240
_______________________________________________________________________
AN ACT
To reauthorize the North Korean Human Rights Act of 2004, and for other
purposes.