[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2061 Enrolled Bill (ENR)]

        H.R.2061

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 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 ``North Korean Human Rights 
Reauthorization Act of 2017''.
SEC. 2. FINDINGS.
    Congress makes the following findings:
        (1) In 2014, the United Nations Commission of Inquiry (COI) on 
    Human Rights in the Democratic People's Republic of Korea (DPRK) 
    found that the grave human rights violations still being 
    perpetrated against the people of North Korea, due to policies 
    established at the highest level of the state, amount to crimes 
    against humanity. Crimes include forced starvation, sexual violence 
    against women and children, restrictions on freedom of movement, 
    arbitrary detention, torture, executions, and enforced 
    disappearances, among other hardships.
        (2) The COI also noted that the Government of the People's 
    Republic of China is aiding and abetting in crimes against humanity 
    by forcibly repatriating North Korean refugees back to the DPRK. 
    Upon repatriation, North Koreans are sent to prison camps, 
    tortured, or even executed. The Government of the People's Republic 
    of China's forcible repatriation of North Korean refugees violates 
    its obligation to uphold the principle of non-refoulement, under 
    the United Nations Convention Relating to the Status of Refugees, 
    done at Geneva July 28, 1951 (as made applicable by the Protocol 
    Relating to the Status of Refugees, done at New York January 31, 
    1967 (19 UST 6223)).
        (3) Estimates from the COI suggest that between 80,000 and 
    120,000 people are believed to be imprisoned in political prison 
    camps in North Korea. Another 70,000 are believed to be held at 
    other detention facilities. Prisoners in both situations are 
    subject to harsh conditions, limited food, sexual abuse, and in 
    most cases hard labor.
        (4) One of the findings of the COI report was the persecution 
    of religious minorities, especially Christians. There is 
    effectively no freedom of religion in North Korea, only worship of 
    the Kim family. Christians are subjected to particularly acute 
    persecution. It has been reported that Christians in North Korea 
    have been tortured, forcibly detained, and even executed for 
    possessing a Bible or professing Christianity.
        (5) North Korea profits from its human rights abuses. A 2014 
    report from the Asian Institute for Policy Studies suggests that 
    there are nearly 50,000 North Korean workers forced to labor 
    overseas, sometimes without compensation, and for as much as 20 
    hours at a time. Workers that received compensation were not to be 
    paid more than $150 per month, which is between 10 to 20 percent of 
    the value of the labor they performed. Based on this report, the 
    regime may profit as much as $360,000,000 annually from just 50,000 
    laborers.
        (6) On July 6, 2016, the United States imposed sanctions on 
    North Korean leader Kim Jong Un and other senior North Korean 
    officials for human rights violations as required by the North 
    Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114-
    122). This was the first time that the United States had designated 
    North Korean officials for human rights abuses.
        (7) The North Korea Sanctions and Policy Enhancement Act of 
    2016 (Public Law 114-122) requires the President to impose 
    mandatory penalties under United States law on any person that 
    ``knowingly engages in, is responsible for, or facilitates serious 
    human rights abuses by the Government of North Korea''.
        (8) Although the United States Refugee Admissions Program 
    remains the largest in the world by far, the United States has only 
    resettled 212 refugees from North Korea since the date of the 
    enactment of the North Korea Human Rights Act of 2004 (Public Law 
    108-333).
SEC. 3. SENSE OF CONGRESS.
    It is the sense of Congress that--
        (1) the United States Government should continue to make it a 
    priority to improve information access in North Korea by exploring 
    the use of new and emerging technologies and expanding 
    nongovernmental radio broadcasting to North Korea, including news 
    and information;
        (2) 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 the United Nations High 
    Commissioner for Human Rights;
        (3) because North Koreans fleeing into China face a well-
    founded fear of persecution upon their forcible repatriation, the 
    United States should urge China to--
            (A) immediately halt the forcible repatriation of North 
        Koreans;
            (B) allow the United Nations High Commissioner for Refugees 
        unimpeded access to North Koreans inside China to determine 
        whether such North Koreans require protection as refugees;
            (C) fulfill its obligations under the 1951 United Nations 
        Convention Relating to the Status of Refugees, the 1967 
        Protocol Relating to the Status of Refugees, 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 (signed December 1, 1995);
            (D) address the concerns of the United Nations Committee 
        against Torture by incorporating the principle of non-
        refoulement into Chinese domestic legislation; and
            (E) recognize the legal status of North Korean women who 
        marry or have children with Chinese citizens, and ensure that 
        all such children are granted resident status and access to 
        education and other public services in accordance with Chinese 
        law and international standards;
        (4) the President should continue to designate all individuals 
    found to have committed violations described in section 104(a) of 
    the North Korea Sanctions and Policy Enhancement Act of 2016 (22 
    U.S.C. 2914(a)), regarding complicity in censorship and human right 
    abuses;
        (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 States should continue to seek cooperation from 
    all foreign governments to allow the United Nations High 
    Commissioner for Refugees (UNHCR) access to process North Korean 
    refugees overseas for resettlement and to allow United States 
    officials access to process refugees for resettlement in the United 
    States (if that is the destination country of the refugees' 
    choosing); and
        (7) 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 and 
    defectors.
SEC. 4. RADIO BROADCASTING TO NORTH KOREA.
    Section 103(a) of the North Korean Human Rights Act of 2004 (22 
U.S.C. 7813(a)) is amended--
        (1) by striking ``that the United States should facilitate'' 
    and inserting the following: ``that the United States should--
        ``(1) facilitate'';
        (2) in paragraph (1), as redesignated by paragraph (1) of this 
    section--
            (A) by striking ``radio broadcasting'' and inserting 
        ``broadcasting, including news rebroadcasting,''; and
            (B) by striking ``increase broadcasts'' and inserting 
        ``increase such broadcasts, including news rebroadcasts,''; and
            (C) by striking ``Voice of America.'' and inserting the 
        following: ``Voice of America; and''; and
        (3) by adding at the end the following:
        ``(2) expand funding for nongovernmental organization 
    broadcasting efforts, prioritizing organizations that engage North 
    Korean defectors in programming and broadcast services.''.
SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.
    Section 104(a) of the North Korean Human Rights Act of 2004 (22 
U.S.C. 7814(a)) is amended--
        (1) by striking ``The President'' and inserting the following:
        ``(1) In general.--The President'';
        (2) by inserting ``, USB drives, micro SD cards, audio players, 
    video players, cell phones, wi-fi, wireless internet, web pages, 
    internet, wireless telecommunications, and other electronic media 
    that shares information'' before the period at the end; and
        (3) by adding at the end the following:
        ``(2) Distribution.--In accordance with the sense of Congress 
    described in section 103, the President, acting through the 
    Secretary of State, is authorized to distribute or provide grants 
    to distribute information receiving devices, electronically 
    readable devices, and other informational sources into North Korea, 
    including devices and informational sources specified in paragraph 
    (1). To carry out this paragraph, the President is authorized to 
    issue regulations to facilitate the free-flow of information into 
    North Korea.
        ``(3) Research and development grant program.--In accordance 
    with the authorization described in paragraphs (1) and (2) to 
    increase the availability and distribution of sources of 
    information inside North Korea, the President, acting through the 
    Secretary of State, is authorized to establish a grant program to 
    make grants to eligible entities to develop or distribute (or both) 
    new products or methods to allow North Koreans easier access to 
    outside information. Such program may involve public-private 
    partnerships.
        ``(4) Culture.--In accordance with the sense of Congress 
    described in section 103, the Broadcasting Board of Governors may 
    broadcast American, Korean, Chinese, and other popular music, 
    television, movies, and popular cultural references as part of its 
    programming.
        ``(5) Rights and laws.--In accordance with the sense of 
    Congress described in section 103, the Broadcasting Board of 
    Governors should broadcast to North Korea in the Korean language 
    information on rights, laws, and freedoms afforded through the 
    North Korean Constitution, the Universal Declaration of Human 
    Rights, the United Nations Commission of Inquiry on Human Rights in 
    the Democratic People's Republic of Korea, and any other applicable 
    treaties or international agreements to which North Korea is bound.
        ``(6) Religious minorities.--Efforts to improve information 
    access under this subsection should include religious communities 
    and should be coordinated with the Office of International 
    Religious Freedom to ensure maximum impact in improving the rights 
    of religious persons in North Korea.
        ``(7) Broadcasting report.--Not later than--
            ``(A) 180 days after the date of the enactment of this 
        paragraph, the Secretary of State, in consultation with the 
        Broadcasting Board of Governors, shall submit to the 
        appropriate congressional committees a report that sets forth a 
        detailed plan for improving broadcasting content for the 
        purpose of targeting new audiences and increasing listenership; 
        and
            ``(B) 1 year after the date of the enactment of this 
        paragraph, and annually thereafter for each of the next 5 
        years, the Secretary of State, in consultation with the 
        Broadcasting Board of Governors, shall submit to the 
        appropriate congressional committees a report including--
                ``(i) a description of the effectiveness of actions 
            taken pursuant to this section, including data reflecting 
            audience and listenership, device distribution and usage, 
            and technological development and advancement usage;
                ``(ii) the amount of funds expended by the United 
            States Government pursuant to section 403; and
                ``(iii) other appropriate information necessary to 
            fully inform Congress of efforts related to this 
            section.''.
SEC. 6. SENSE OF CONGRESS ON HUMANITARIAN COORDINATION RELATED TO THE 
KOREAN PENINSULA.
    Title III of the North Korean Human Rights Act of 2004 (22 U.S.C. 
7841 et seq.) is amended by adding at the end the following:
    ``SEC. 306. SENSE OF CONGRESS ON HUMANITARIAN COORDINATION RELATED 
      TO THE KOREAN PENINSULA.
    ``It is the sense of Congress that--
        ``(1) any instability on the Korean Peninsula could have 
    significant humanitarian and strategic impact on the region and for 
    United States national interests; and
        ``(2) as such, the United States Government should work with 
    countries sharing a land or maritime border with North Korea to 
    develop long-term whole-of-government plans to coordinate efforts 
    related to humanitarian assistance and human rights promotion and 
    to effectively assimilate North Korean defectors.''.
SEC. 7. REAUTHORIZATION PROVISIONS.
    (a) Support for Human Rights and Democracy Programs.--Section 102 
of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is 
amended--
        (1) in subsection (a), by adding at the end the following: 
    ``The President is also authorized to provide grants to entities to 
    undertake research on North Korea's denial of human rights, 
    including on the political and military chains of command 
    responsible for authorizing and implementing systemic human rights 
    abuses, including at prison camps and detention facilities where 
    political prisoners are held.''; and
        (2) in subsection (b)(1), by striking ``2017'' and inserting 
    ``2022''.
    (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)--
            (A) by striking ``$2,000,000'' and inserting 
        ``$3,000,000''; and
            (B) by striking ``2017'' and inserting ``2022''; and
        (2) in subsection (c), by striking ``2017'' and inserting 
    ``2022''.
    (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 ``2017'' and inserting ``2022''.
    (d) Report on United States Humanitarian Assistance.--Section 201 
of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831 is 
amended--
        (1) in subsection (a), in the matter preceding paragraph (1), 
    by striking ``2017'' and inserting ``2022'';
        (2) by redesignating subsection (b) as subsection (c); and
        (3) by inserting after subsection (a) the following new 
    subsection:
    ``(b) Needs Assessment.--The report shall include a needs 
assessment to inform the distribution of humanitarian assistance inside 
North Korea.''.
    (e) 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 by striking ``2013 through 2017'' and inserting ``2018 through 
2022''.
    (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 ``2017'' and inserting ``2022''.
SEC. 8. REPORT BY BROADCASTING BOARD OF GOVERNORS.
    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Broadcasting Board of Governors shall submit 
to the appropriate congressional committees a report that--
        (1) describes the status of current United States broadcasting 
    to North Korea and the extent to which the Board has achieved the 
    goal of 12-hour-per-day broadcasting to North Korea, in accordance 
    with section 103(a) of the North Korean Human Rights Act of 2004 
    (22 U.S.C. 7813(a)); and
        (2) includes a strategy to overcome obstacles to such 
    communication with the North Korean people, including through 
    unrestricted, unmonitored, and inexpensive electronic means.
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form but may include a classified annex.
    (c) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
        (1) the Committee on Foreign Relations of the Senate;
        (2) the Committee on Appropriations of the Senate;
        (3) the Committee on Foreign Affairs of the House of 
    Representatives; and
        (4) the Committee on Appropriations of the House of 
    Representatives.
SEC. 9. REPEAL OF DUPLICATIVE AUTHORIZATIONS.
    Section 403 of the North Korea Sanctions and Policy Enhancement Act 
of 2016 (Public Law 114-122; 22 U.S.C. 9253) is hereby repealed.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.