[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4216 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
117th CONGRESS
  2d Session
                                S. 4216

_______________________________________________________________________

                                 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 2022''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The North Korean Human Rights Act of 2004 (Public Law 
        108-333; 22 U.S.C. 7801 et seq.) and subsequent 
        reauthorizations of such Act 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 
        North Korea remain deplorable and have been intentionally 
        perpetuated against the people of North Korea through policies 
        endorsed and implemented by Kim Jong-un and the Workers' Party 
        of Korea.
            (3) According to a 2014 report released by the United 
        Nations Human Rights Council's Commission of Inquiry on Human 
        Rights in the Democratic People's Republic of Korea, between 
        80,000 and 120,000 children, women, and men were being held in 
        political prison camps in North Korea, where they were 
        subjected to deliberate starvation, forced labor, executions, 
        torture, rape, forced abortion, and infanticide.
            (4) North Korea continues to hold a number of South Koreans 
        and Japanese abducted after the signing of the Agreement 
        Concerning a Military Armistice in Korea, signed at Panmunjom 
        July 27, 1953 (commonly referred to as the ``Korean War 
        Armistice Agreement'') and refuses to acknowledge the abduction 
        of more than 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 on Human Rights in the Democratic 
        People's Republic of Korea.
            (6) The effects of the COVID-19 pandemic and North Korea'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) North Korea's COVID-19 border lockdown measures also 
        include shoot-to-kill orders that have resulted in the killing 
        of--
                    (A) North Koreans attempting to cross the border; 
                and
                    (B) at least 1 South Korean citizen in September 
                2020.
            (8) The Chinese Communist Party and the Government of the 
        People's Republic of China are aiding and abetting in crimes 
        against humanity by forcibly repatriating North Korean refugees 
        to North Korea where they are sent to prison camps, harshly 
        interrogated, and tortured or executed.
            (9) The forcible repatriation of North Korean refugees 
        violates the People's Republic of China's freely undertaken 
        obligation to uphold the principle of non-refoulement, under 
        the Convention Relating to the Status of Refugees, done at 
        Geneva July 28, 1951 (and made applicable by the Protocol 
        Relating to the Status of Refugees, done at New York January 
        31, 1967 (19 UST 6223)).
            (10) North Korea continues to bar freedom of religion and 
        persecute religious minorities, especially Christians. 
        Eyewitnesses report that Christians in North Korea have been 
        tortured, forcibly detained, and even executed for possessing a 
        Bible or professing Christianity.
            (11) United States and international broadcasting 
        operations into North Korea--
                    (A) serve as a critical source of outside news and 
                information for the North Korean people; and
                    (B) provide a valuable service for countering 
                regime propaganda and false narratives.
            (12) The position of Special Envoy on North Korean Human 
        Rights Issues has been vacant since January 2017, even though 
        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 North Korean 
        propaganda;
            (2) the United States Government should continue to support 
        efforts described in paragraph (1), including by enacting and 
        implementing the Otto Warmbier North Korean Censorship and 
        Surveillance Act of 2021, which was introduced by Senator 
        Portman on June 17, 2021;
            (3) 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--
                    (A) to immediately halt its forcible repatriation 
                of North Koreans;
                    (B) to allow the United Nations High Commissioner 
                for Refugees (referred to in this section as ``UNHCR'') 
                unimpeded access to North Koreans within China to 
                determine whether they are refugees and require 
                assistance;
                    (C) to fulfill its obligations under the Convention 
                Relating to the Status of Refugees, done at Geneva July 
                28, 1951 (and made applicable by the Protocol Relating 
                to the Status of Refugees, done at New York January 31, 
                1967 (19 UST 6223) 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, done at Geneva December 1, 1995;
                    (D) to address the concerns of the United Nations 
                Committee Against Torture by incorporating into 
                domestic legislation the principle of non-refoulement; 
                and
                    (E) to 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 international standards;
            (4) 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 that such 
        aid 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;
            (5) 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, including by 
        continuing its policy of blocking United States passports from 
        being used to travel to North Korea without a special 
        validation from the Department of State;
            (6) the United Nations, which has a significant role to 
        play in promoting and improving human rights in North Korea, 
        should press for access for the United Nations Special 
        Rapporteur and the United Nations High Commissioner for Human 
        Rights on the situation of human rights in North Korea;
            (7) the Special Envoy for North Korean Human Rights Issues 
        should be appointed without delay--
                    (A) to properly promote and coordinate North Korean 
                human rights and humanitarian issues; and
                    (B) to participate in policy planning and 
                implementation with respect to refugee issues;
            (8) the United States should urge North Korea to repeal the 
        Reactionary Thought and Culture Denunciation Law and other 
        draconian laws, regulations, and decrees that manifestly 
        violate the freedom of opinion and expression and the freedom 
        of thought, conscience, and religion;
            (9) the United States should urge North Korea to ensure 
        that any restrictions on addressing the COVID-19 pandemic are 
        necessary, proportionate, nondiscriminatory, time-bound, 
        transparent, and allow international staff to operate inside 
        the North Korea to provide international assistance based on 
        independent needs assessments;
            (10) the United States should expand the Rewards for 
        Justice program to be open to North Korean officials who can 
        provide evidence of crimes against humanity being committed by 
        North Korean officials;
            (11) the United States should continue to seek cooperation 
        from all foreign governments--
                    (A) to allow the UNHCR access to process North 
                Korean refugees overseas for resettlement; and
                    (B) to allow United States officials access to 
                process refugees for possible resettlement in the 
                United States; and
            (12) 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. REAUTHORIZATIONS.

    (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) 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), by striking ``2022'' and 
        inserting ``2027''; and
            (2) in subsection (c), by striking ``2022'' and inserting 
        ``2027''.
    (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 ``2022'' and inserting ``2027''.
    (d) 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 ``2022'' 
and inserting ``2027''.
    (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 ``2018 through 2022'' and inserting ``2023 through 
2027''.
    (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 ``2022'' and inserting ``2027''.

SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

    Title I of the North Korean Human Rights Act of 2004 (22 U.S.C. 
7811 et seq.) is amended--
            (1) in section 103(a), by striking ``Broadcasting Board of 
        Governors'' and inserting ``United States Agency for Global 
        Media''; and
            (2) in section 104(a)--
                    (A) by striking ``Broadcasting Board of Governors'' 
                each place such term appears and inserting ``United 
                States Agency for Global Media'';
                    (B) in paragraph (7)(B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``5 years'' and inserting ``10 
                        years'';
                            (ii) by redesignating clauses (i) through 
                        (iii) as clauses (ii) through (iv), 
                        respectively;
                            (iii) by inserting before clause (ii) the 
                        following:
                            ``(i) an update of the plan required under 
                        subparagraph (A);''; and
                            (iv) in clause (iii), as redesignated, by 
                        striking ``pursuant to section 403'' and 
                        inserting ``to carry out this section''.

SEC. 6. 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 if the position of Special Envoy remains 
vacant, the Secretary of State shall submit a report to the appropriate 
congressional committees that describes the efforts being taken to 
appoint the Special Envoy.''.

SEC. 7. SUPPORT FOR NORTH KOREAN REFUGEES.

    (a) In General.--The Secretary of State and the Secretary of 
Homeland Security should collaborate with faith-based and Korean-
American organizations to resettle North Korean participants in the 
United States Refugee Admissions Program in areas with existing Korean-
American communities to mitigate trauma and mental health 
considerations of refugees, as appropriate.
    (b) Resettlement Location Assistance Education.--The Secretary of 
State shall publicly disseminate guidelines and information relating to 
resettlement options in the United States or South Korea for eligible 
North Korean refugees, with a particular focus on messaging to North 
Koreans.
    (c) Mechanisms.--The guidelines and information described in 
subsection (b)--
            (1) shall be published on a publicly available website of 
        the Department of State;
            (2) shall be broadcast into North Korea through radio 
        broadcasting operations funded or supported by the United 
        States Government; and
            (3) shall be distributed through brochures or electronic 
        storage devices.

SEC. 8. AUTHORIZATION OF SANCTIONS FOR FORCED REPATRIATION OF NORTH 
              KOREAN REFUGEES.

    (a) Discretionary Designations.--Section 104(b)(1) of the North 
Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214) is 
amended--
            (1) in subparagraph (M), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (N), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(O) knowingly, directly or indirectly, forced the 
                repatriation of North Korean refugees to North 
                Korea.''.
    (b) Exemptions.--Section 208(a)(1) of the North Korea Sanctions and 
Policy Enhancement Act of 2016 (22 U.S.C. 9228(a)(1)) is amended by 
inserting ``, the Republic of Korea, and Japan'' before the period at 
the end.

SEC. 9. REPORT ON HUMANITARIAN EXEMPTIONS TO SANCTIONS IMPOSED WITH 
              RESPECT TO NORTH KOREA.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the continued pursuit by the North Korean regime of 
        weapons of mass destruction (including nuclear, chemical, and 
        biological weapons), in addition to its ballistic missile 
        program, along with the regime's gross violations of human 
        rights, have led the international community to impose 
        sanctions with respect to North Korea, including sanctions 
        imposed by the United Nations Security Council;
            (2) authorities should grant exemptions for humanitarian 
        assistance to the people of North Korea consistent with past 
        United Nations Security Council resolutions; and
            (3) humanitarian assistance intended to provide 
        humanitarian relief to the people of North Korea must not be 
        exploited or misdirected by the North Korean regime to benefit 
        the military or elites of North Korea.
    (b) Reports Required.--
            (1) Defined term.--In this subsection, the term ``covered 
        period'' means--
                    (A) in the case of the first report required to be 
                submitted under paragraph (2), the period beginning on 
                January 1, 2018, and ending on the date that is 90 days 
                after the date of the enactment of this Act; and
                    (B) in the case of each subsequent report required 
                to be submitted under paragraph (2), the 1-year period 
                preceding the date by which the report is required to 
                be submitted.
            (2) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter for the 
        following 2 years, the Secretary of State shall submit a report 
        to Congress that--
                    (A) describes--
                            (i) how the North Korean regime has 
                        previously exploited humanitarian assistance 
                        from the international community to benefit 
                        elites and the military in North Korea;
                            (ii) the most effective methods to provide 
                        humanitarian relief, including mechanisms to 
                        facilitate humanitarian assistance, to the 
                        people of North Korea, who are in dire need of 
                        such assistance;
                            (iii) any requests to the Committee of the 
                        United Nations Security Council established by 
                        United Nations Security Council Resolution 1718 
                        (2006) (referred to in this section as the 
                        ``1718 Sanctions Committee'') for humanitarian 
                        exemptions from sanctions known to have been 
                        denied during the covered period or known to 
                        have been in process for more than 30 days as 
                        of the date of the report; and
                            (iv) any known explanations for the denials 
                        and delays referred to in clause (iii); and
                    (B) details any action by a foreign government 
                during the covered period that has delayed or impeded 
                humanitarian assistance that was approved by the 1718 
                Sanctions Committee.

            Passed the Senate December 8, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 4216

_______________________________________________________________________

                                 AN ACT

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