[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2061 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
1st Session
H. R. 2061
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2017
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
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 finds the following:
(1) The North Korean Human Rights Act of 2004 (22 U.S.C.
7801 et seq.), the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346), and the Ambassador James R.
Lilley and Congressman Stephen J. Solarz North Korea Human
Rights Reauthorization Act of 2012 (Public Law 112-172) were
the products of broad, bipartisan consensus regarding the
promotion of human rights, transparency in the delivery of
humanitarian assistance, and the importance of refugee
protection.
(2) Fundamental human rights and humanitarian conditions
inside North Korea remain deplorable, North Korean refugees
remain acutely vulnerable, and the congressional findings
included in the Acts listed in paragraph (1) remain
substantially accurate today.
(3) The United States, which has the largest international
refugee resettlement program in the world, has resettled 212
North Koreans since the enactment of the North Korean Human
Rights Act of 2004.
(4) 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 people in the Korean-American
community have family ties to North Korea.
(5) Notwithstanding high-level advocacy by the United
States, South Korea, and the United Nations High Commissioner
for Refugees, China has forcibly repatriated tens of thousands
of North Koreans.
(6) Congressman Eni F.H. Faleomavaega served 25 years in
the House of Representatives, including as the Chairman and the
Ranking Member of the Foreign Affairs Subcommittee on Asia and
the Pacific, was a leader in strengthening the relationship
between the American and Korean peoples, authored multiple
resolutions regarding issues on the Korean Peninsula, was a
champion of human rights, and stated, in support of the
Ambassador James R. Lilley and Congressman Stephen J. Solarz
North Korea Human Rights Reauthorization Act of 2012, that
``just as Ambassador Lilley and Congressman Solarz worked hard
to protect the human rights of the North Korean people, we must
remain vigilant in helping the people of North Korea who
struggle daily to escape the oppression and tyranny of the
North Korean regime''.
SEC. 3. SENSE OF CONGRESS.
(a) In General.--It is the sense of Congress that--
(1) the United States should continue to seek cooperation
from all foreign governments to allow the United Nations High
Commissioner for Refugees 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);
(2) the Secretary of State, through persistent diplomacy by
senior officials, including United States ambassadors to Asia-
Pacific countries, and in close cooperation with United States
ally South Korea, should make every effort to promote the
protection of North Korean refugees and defectors; and
(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; and
(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).
(b) Continuing Sense of Congress.--It remains the sense of
Congress, as specified in section 3(3) of the North Korean Human Rights
Reauthorization Act of 2008 (Public Law 110-346; 22 U.S.C. 7801 note),
that ``the Special Envoy for North Korean Human Rights Issues should be
a full-time position within the Department of State in order to
properly promote and coordinate North Korean human rights and
humanitarian issues, and to participate in policy planning and
implementation with respect to refugee issues, as intended by the North
Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et
seq.)''.
SEC. 4. REAUTHORIZATION OF THE NORTH KOREAN HUMAN RIGHTS ACT OF 2004.
(a) Human Rights and Democracy Programs.--Paragraph (1) of section
102(b) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b))
is amended by striking ``2017'' and inserting ``2022''.
(b) Promoting 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.--
Subsection (d) of section 107 of the North Korean Human Rights Act of
2004 (22 U.S.C. 7817) is amended by striking ``2017'' and inserting
``2022''.
(d) Report on Humanitarian Assistance.--Section 201 of the North
Korean Human Rights Act of 2004 (22 U.S.C. 7831) is amended in the
matter preceding paragraph (1) by striking ``2017'' and inserting
``2022''.
(e) Assistance Provided Outside of North Korea.--Paragraph (1) of
section 203(c) of the North Korean Human Rights Act of 2004 (22 U.S.C.
7833(c)) is amended by striking ``2017'' and inserting ``2022''.
(f) Annual Reporting.--Section 305 of the North Korean Human Rights
Act of 2004 (22 U.S.C. 7845) is amended in the matter preceding
paragraph (1) by striking ``2017'' and inserting ``2022''.
SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION AND DEMOCRACY IN
NORTH KOREA.
The North Korean Human Rights Act of 2004, as amended by this Act,
is further amended--
(1) in subsection (a) of section 103 (22 U.S.C. 7813)--
(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
(2) in subsection (a) of section 104 (22 U.S.C. 7814)--
(A) by striking ``The President'' and inserting the
following:
``(1) In general.--The President'';
(B) by inserting ``, USB drives, micro SD cards,
audio players, video players, cell phones, wi-fi,
wireless internet, webpages, internet, wireless
telecommunications, and other electronic media that
share information'' before the period at the end; and
(C) by adding at the end the following new
paragraphs:
``(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 directions 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, 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 shall 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) 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 reaching
additional audiences and increasing consumption of
uncensored news and information using all available and
reasonable means; 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 on
the effectiveness of actions taken pursuant to this
section, including data reflecting audience and
listenership, device distribution and usage,
technological development and advancement usage, and
other information as requested by such committees.''.
SEC. 6. REPEAL OF DUPLICATE 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.
SEC. 7. REPORT BY THE 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 Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 8. REPORT BY THE DEPARTMENT OF STATE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
heads of other relevant Federal departments and agencies, shall submit
to the appropriate congressional committees a report that includes a
description of any ongoing or planned efforts of the Department of
State with respect to each of the following:
(1) Resuming the repatriation from North Korea of members
of the United States Armed Forces missing or unaccounted for
during the Korean War.
(2) Reuniting Korean Americans with their relatives in
North Korea.
(3) Assessing the security risks posed by travel to North
Korea for United States citizens.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
Passed the House of Representatives September 25, 2017.
Attest:
KAREN L. HAAS,
Clerk.