[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4240 Enrolled Bill (ENR)]
H.R.4240
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
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)) 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.