[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1118 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1118

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2017

Mr. Rubio (for himself, Mr. Cardin, Mr. Gardner, Mr. Menendez, and Mr. 
Cruz) introduced the following bill; which was read twice and referred 
                 to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
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 most overlooked 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. One 
        report from the Asan 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 entities 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 
        resettled only 174 refugees from North Korea between January 
        2008 and January 2017. Since the enactment of the North Korea 
        Human Rights Reauthorization Act of 2008 (Public Law 110-346), 
        the United States has resettled a total of 212 refugees from 
        the DPRK.

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, to increase information 
        dissemination in the DPRK;
            (2) in an effort to more efficiently and actively 
        participate in humanitarian burden-sharing, the Governments of 
        the United States and the Republic of South Korea should commit 
        to revisit and explore new opportunities for coordinating 
        efforts to plan for a humanitarian and human rights disaster in 
        advance of the collapse of the DPRK;
            (3) 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 the Democratic People's Republic of Korea as 
        well as the United Nations High Commissioner for Human Rights;
            (4) because refugees among North Koreans fleeing into China 
        face severe punishments upon their forcible return, the United 
        States should urge the Government of 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;
                    (C) allow the United Nations High Commissioner for 
                Refugees (UNHCR) unimpeded access to North Koreans 
                inside China to determine whether they are refugees and 
                whether they require assistance;
                    (D) address the concerns of the United Nations 
                Committee against Torture by incorporating the 
                principle of non-refoulement into 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;
            (5) 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; and
            (6) United States citizens should not travel to the 
        Democratic People's Republic of Korea, and the Department of 
        State should launch a public awareness campaign about the risks 
        and dangers of such travel.

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 new paragraph:
            ``(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, 
        webpages, 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 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 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 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) Focus on religious minorities.--Efforts to improve 
        information access under this subsection should give priority 
        to 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) one year after the date of the enactment of 
                this paragraph and annually thereafter for each of the 
                next five 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 ACTIONS TO PREPARE FOR GOVERNMENTAL 
              COLLAPSE IN NORTH KOREA.

    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 new 
section:

``SEC. 306. SENSE OF CONGRESS ON ACTIONS TO PREPARE FOR GOVERNMENTAL 
              COLLAPSE IN NORTH KOREA.

    ``It is the sense of Congress that--
            ``(1) a collapse of the current Government, or a 
        significant change in the leadership, of the Democratic 
        People's Republic of Korea could impact stability and security 
        of the region, and critical United States interests, and would 
        result in a significant flow of refugees to neighboring states; 
        and
            ``(2) as such, the United States Government should work 
        with countries sharing a land or maritime border with the DPRK 
        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.--Subsections (b)(1) 
and (c) of section 104 of the North Korean Human Rights Act of 2004 (22 
U.S.C. 7814) are amended by striking ``2017'' and inserting ``2022'' 
each place it appears.
    (c) 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''.
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