[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4240 Reported in Senate (RS)]

                                                       Calendar No. 458
112th CONGRESS
  2d Session
                                H. R. 4240


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2012

Received; read twice and referred to the Committee on Foreign Relations

                             July 18, 2012

                Reported by Mr. Kerry, without amendment

_______________________________________________________________________

                                 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''.
                                                       Calendar No. 458

112th CONGRESS

  2d Session

                               H. R. 4240

_______________________________________________________________________

                                 AN ACT

To reauthorize the North Korean Human Rights Act of 2004, and for other 
                               purposes.

_______________________________________________________________________

                             July 18, 2012

                       Reported without amendment