[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7332 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7332

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2022

Mrs. Kim of California (for herself, Mr. Bera, Mr. Smith of New Jersey, 
 and Mrs. Steel) introduced the following bill; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                                 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 2022''.

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 subsequent 
        reauthorizations were the product of broad, bipartisan 
        consensus regarding the promotion of human rights, 
        documentation of human rights violations, transparency in the 
        delivery of humanitarian assistance, and the importance of 
        refugee protection.
            (2) The human rights and humanitarian conditions within the 
        Democratic People's Republic of North Korea (DPRK) remain 
        deplorable and have been intentionally perpetuated against the 
        people of North Korea through policies endorsed and implemented 
        by Kim Jong-Un and the Korean Workers' Party.
            (3) According to a 2014 report released by the United 
        Nations Commission of Inquiry, between 80,000 and 120,000 
        children, women, and men are currently being held in political 
        prison camps in North Korea and are subjected to deliberate 
        starvation, forced labor, executions, torture, rape, forced 
        abortion, and infanticide.
            (4) North Korea continues to hold a number of South Koreans 
        abducted after the signing of the 1953 armistice agreement and 
        refuses to acknowledge the abduction of over 100,000 South 
        Koreans during the Korean war in violation of the Geneva 
        Convention.
            (5) Human rights violations in North Korea, which include 
        forced starvation, sexual violence against women and children, 
        restrictions on freedom of movement, arbitrary detention, 
        torture, executions, and enforced disappearances, amount to 
        crimes against humanity according to the United Nations 
        Commission of Inquiry (COI) on Human Rights in the DPRK.
            (6) The effects of the COVID-19 pandemic and the DPRK's 
        strict lockdown of its borders and crackdowns on informal 
        market activities and small entrepreneurship have drastically 
        increased food insecurity for its people and given rise to 
        famine conditions in parts of the country.
            (7) The DPRK's COVID-19 border lockdown measures also 
        include shoot-to-kill orders that has resulted in the killing 
        of North Koreans attempting to cross the border and at least 
        one South Korean citizen in September 2020.
            (8) The Government of the People's Republic of China (PRC) 
        is aiding and abetting in crimes against humanity by forcibly 
        repatriating North Korean refugees to the DPRK. Upon 
        repatriation, North Koreans are sent to prison camps, harshly 
        interrogated, tortured, or executed. The Government of the 
        People's Republic of China's forcible repatriation of North 
        Korean refugees violates its non-refoulement obligations, 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)).
            (9) The DPRK continues to bar freedom of religion and 
        persecute religious minorities, especially Christians. 
        Eyewitnesses reported that Christians in North Korea have been 
        tortured, forcibly detained, and even executed for possessing a 
        Bible or professing Christianity.
            (10) Broadcasting operations into the DPRK serve as a 
        critical source of outside news and information for the North 
        Korean people and provides a valuable service for countering 
        propaganda and false narratives.
            (11) The position of Special Envoy on North Korean Human 
        Rights Issues has been vacant since January 2017, although the 
        President is required to appoint a Senate-confirmed Special 
        Envoy to fill this position in accordance with section 107 of 
        the North Korean Human Rights Act of 2004 (22 U.S.C. 7817).

SEC. 3. SENSE OF CONGRESS.

     It is the sense of Congress that--
            (1) promoting information access in North Korea continues 
        to be a successful method of countering DPRK propaganda and the 
        United States Government should continue to support 
        nongovernmental radio broadcasting to North Korea and promote 
        other emerging methods in this space;
            (2) 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 who would face persecution or torture 
                upon return;
                    (B) 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;
                    (C) fulfill its obligations under the 1951 United 
                Nations Convention Relating to the Status of Refugees, 
                the 1984 Convention against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, 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 into 
                domestic legislation the principle of non-refoulement; 
                and
                    (E) recognize the legal status of North Korean 
                women who marry or have children with Chinese citizens, 
                and ensure that all such mothers and children are 
                granted resident status and access to education and 
                other public services in accordance with Chinese law 
                and consistent with international standards;
            (3) the United States Government should continue to promote 
        the effective and transparent delivery and distribution of any 
        humanitarian aid provided in North Korea to ensure it reaches 
        its intended recipients to the point of consumption or 
        utilization by cooperating closely with the Government of the 
        Republic of Korea and international and nongovernmental 
        organizations;
            (4) 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;
            (5) 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 for the United Nations 
        High Commissioner for Human Rights;
            (6) the Special Envoy for North Korean Human Rights Issues 
        should be appointed without delay 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;
            (7) the United States should urge North Korea to repeal the 
        Reactionary Thought and Culture Denunciation Law and other 
        draconian laws, regulations, and decrees as their 
        implementation manifestly violates the rights to freedom of 
        opinion and expression and freedom of thought, conscience, and 
        religion;
            (8) the United States should urge North Korea to ensure 
        that any restrictions on addressing the COVID-19 pandemic are 
        necessary, proportionate, nondiscriminatory, time-bound, and 
        transparent, and allow international staff to operate inside 
        the DPRK to provide international assistance based on 
        independent needs assessments;
            (9) the United States should continue to seek cooperation 
        from all foreign governments to allow the UNHCR access to 
        process North Korean refugees overseas for resettlement; and
            (10) 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, escapees, and defectors.

SEC. 4. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

    (a) Conforming Change of Name.--Section 104(a) of the North Korean 
Human Rights Act of 2004 (22 U.S.C. 7814(a); Public Law 108-333) is 
amended by striking ``Broadcasting Board of Governors'' each place it 
appears and inserting ``United States Agency for Global Media''.
    (b) Extension of Authorization of Appropriations.--Paragraph (1) of 
section 104(b) of the North Korean Human Rights Act of 2004 (22 U.S.C. 
7814(b)) is amended by striking ``2022'' and inserting ``2027''.
    (c) Extension of Implementation Report.--Subsection (c) of section 
104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is 
amended--
            (1) by striking ``2022'' and inserting ``2027''; and
            (2) by striking ``section.'' and inserting: ``section, 
        including--
            ``(1) an update of the plan required under subparagraph (A) 
        of subsection (a)(7);
            ``(2) 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;
            ``(3) the amount of funds expended by the United States 
        Government to carry out this section; and
            ``(4) other appropriate information necessary to fully 
        inform Congress of efforts related to this section.''.

SEC. 5. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.

    (a) In General.-- Section 201(a) of the North Korean Human Rights 
Act of 2004 (22 U.S.C. 7831(a)) is amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (3), by striking the period and inserting 
        ``: and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the impacts of the COVID-19 pandemic on the North 
        Korean people across the country and on the distribution of 
        humanitarian assistance inside North Korea.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply 
beginning with the first report required under section 201(a) of the 
North Korean Human Rights Act of 2004, as amended by such subsection.

SEC. 6. REAUTHORIZATION PROVISIONS.

    (a) 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 ``2022'' and inserting ``2027''.
    (b) Report by Special Envoy for 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 ``2022'' and inserting ``2027''.
    (c) Report on United States Humanitarian Assistance.--Subsection 
(a) of 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 ``2022'' and inserting ``2027''.
    (d) 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 ``2022'' and inserting ``2027''.
    (e) 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 ``2022'' and inserting ``2027''.
    (f) Special Envoy for North Korean Human Rights Issues.--Section 
107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817) is 
amended by adding at the end the following:
    ``(e) Report on Appointment of Special Envoy.--Not later than 180 
days after the date of the enactment of this subsection and annually 
thereafter through 2027, the Secretary of State shall submit to the 
appropriate congressional committees a report on efforts being taken to 
appoint a Special Envoy for North Korean human rights issues so long as 
such position remains vacant.''.
    (g) Report on North Korean Prison Camps.--Section 303 of the North 
Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9242) is 
amended--
            (1) in subsection (a), by inserting ``annually through 
        2027'' before ``submit''; and
            (2) in subsection (b)--
                    (A) by striking ``The report'' and inserting ``Each 
                report''; and
                    (B) by striking ``the date of the enactment of this 
                Act'' and inserting ``the date of the enactment of the 
                North Korean Human Rights Reauthorization Act of 
                2022''.

SEC. 7. REPORT BY UNITED STATES AGENCY FOR GLOBAL MEDIA.

    Not later than 120 days after the date of the enactment of this 
Act, the Chief Executive Officer of the United States Agency for Global 
Media shall submit to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
report that--
            (1) describes the status of current United States 
        broadcasting to North Korea and the extent to which the Agency 
        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 
        broadcasting, including through unrestricted, unmonitored, and 
        inexpensive electronic means.

SEC. 8. SENSE OF CONGRESS REGARDING KOREAN-AMERICAN DIVIDED FAMILIES.

    It is the sense of Congress that--
            (1) the United States and North Korea should begin the 
        process of reuniting Korean-American divided family members 
        with their immediate relatives through ways such as--
                    (A) identifying divided families in the United 
                States and North Korea who are willing and able to 
                participate in a pilot program for family reunions;
                    (B) finding matches for members of such families 
                through organizations such as the Red Cross; and
                    (C) working with the Government of South Korea to 
                include American citizens in inter-Korean video 
                reunions;
            (2) the institution of family is inalienable and the 
        restoration of contact between divided families whether 
        physically, literarily, or virtually is an urgent need; and
            (3) the United States and North Korea should pursue 
        reunions as a humanitarian priority of immediate concern.
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