Congressional Record, Volume 158 Issue 69 (Tuesday, May 15, 2012)

[Congressional Record Volume 158, Number 69 (Tuesday, May 15, 2012)]
[House]
[Pages H2685-H2687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AMBASSADOR JAMES R. LILLEY AND CONGRESSMAN STEPHEN J. SOLARZ NORTH
KOREA HUMAN RIGHTS REAUTHORIZATION ACT OF 2012

Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 4240) to reauthorize the North Korean Human Rights Act
of 2004, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 4240

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 ``Ambassador James R. Lilley
and Congressman Stephen J. Solarz North Korea Human Rights
Reauthorization Act of 2012''.

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 the North Korean Human
Rights Reauthorization Act of 2008 (Public Law 110 346) were
the product of broad, bipartisan consensus regarding the
promotion of human rights, transparency in the delivery of
humanitarian assistance, and the importance of refugee
protection.
(2) 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 in the two-million strong
Korean-American community have family ties to North Korea.
(3) Although the transition to the leadership of Kim Jong-
Un after the death of Kim Jong-Il has introduced new
uncertainties and possibilities, the fundamental human rights
and humanitarian conditions inside North Korea remain
deplorable, North Korean refugees remain acutely vulnerable,
and the findings in the 2004 Act and 2008 Reauthorization
remain substantially accurate today.
(4) Media and nongovernmental organizations have reported a
crackdown on unauthorized border crossing during the North
Korean leadership transition, including authorization for on-
the-spot execution of attempted defectors, as well as an
increase in punishments during the 100-day official mourning
period after the death of Kim Jong-Il.
(5) Notwithstanding high-level advocacy by the United
States, the Republic of Korea, and the United Nations High
Commissioner for Refugees, China has continued to forcibly
repatriate North Koreans, including dozens of presumed
refugees who were the subject of international humanitarian
appeals during February and March of 2012.
(6) The United States, which has the largest international
refugee resettlement program in the world, has resettled 128
North Koreans since passage of the 2004 Act, including 23
North Koreans in fiscal year 2011.
(7) In a career of Asia-focused public service that spanned
more than half a century, including service as a senior
United States diplomat in times and places where there were
significant challenges to human rights, Ambassador James R.
Lilley also served as a director of the Committee for Human
Rights in North Korea until his death in 2009.
(8) Following his 18 years of service in the House of
Representatives, including as Chairman of the Foreign Affairs
Subcommittee on East Asian and Pacific Affairs, Stephen J.
Solarz committed himself to, in his words, highlighting ``the
plight of ordinary North Koreans who are denied even the most
basic human rights, and the dramatic and heart-rending
stories of those who risk their lives in the struggle to
escape what is certainly the world's worst nightmare'', and
served as co-chairman of the Committee for Human Rights in
North Korea until his death in 2010.

SEC. 3. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the United States should continue to seek cooperation
from foreign governments to allow the United States to
process North Korean refugees overseas for resettlement in
the United States, through persistent diplomacy by senior
officials of the United States, including United States
ambassadors to Asia-Pacific countries, and close cooperation
with its ally, the Republic of Korea; and
(2) because there are genuine refugees among North Koreans
fleeing into China who face severe punishments upon their
forcible return, the United States should urge 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 to UNHCR Branch Office in the
People's Republic of China; and
(C) allow the United Nations High Commissioner for Refugees
(UNHCR) unimpeded access to North Koreans inside China to
determine whether such North Koreans are refugees requiring
protection.

SEC. 4. 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 ``2012''
and inserting ``2017''.

SEC. 5. RADIO BROADCASTING TO NORTH KOREA.

Not later than 120 days after the date of the enactment of
this Act, the Broadcasting Board of Governors (BBG) shall
submit to the appropriate congressional committees, as
defined in section 5(1) of the North Korean Human Rights Act
of 2004 (22 U.S.C. 7803(1)), a report that describes the
status and content of current United States broadcasting to
North Korea and the extent to which the BBG has achieved the
goal of 12-hour-per-day broadcasting to North Korea pursuant
to section 103 of such Act (22 U.S.C. 7813).

SEC. 6. 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) is amended
by striking ``2012'' and inserting ``2017'' each place it
appears.

SEC. 7. 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)) by striking ``2012'' and inserting
``2017''.

[[Page H2686]]

SEC. 8. 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 ``2012'' and inserting ``2017''.

SEC. 9. 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--
(1) by striking ``$20,000,000'' and inserting
``$5,000,000''; and
(2) by striking ``2005 through 2012'' and inserting ``2013
through 2017''.

SEC. 10. 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 ``2012'' and inserting ``2017''.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr.
Berman) each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.

General Leave

Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend and to submit
extraneous materials for the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 4240, the Ambassador James R. Lilley and
Congressman Stephen J. Solarz North Korea Human Rights Reauthorization
Act of 2012. I would like to thank my coauthor and ranking member, my
good friend, Mr. Berman, and the dozens of bipartisan cosponsors who
have joined us to continue the important human rights work that
Congress began 9 years ago.
The North Korean regime remains one of the world's worst human rights
abusers as the legacy of tyranny has been passed on to a new
generation.
South Korea's National Human Rights Commission detailed, in a 380-
page report released earlier this month, that Kim Jong-Un maintains the
same hellish gulag as his father and grandfather before him.
Hundreds of thousands of men, women, and children are forced into
slave labor, starved, and tortured to death in isolated camps. Even
outside the camps, the North Korean people enjoy no freedoms of speech,
religion, press, or assembly.

{time} 1740

Officials crush any dissent and have reportedly authorized the on-
the-spot execution of those attempting to flee the country.
A regime that maims its own people with impunity, cannot be trusted
to keep its agreements with foreigners. Thus, solving the North Korean
human rights issue is also an integral part of addressing the North
Korean security threat.
North Korean women and girls are brutalized and trafficked in China,
where they are sold into forced marriage and sexual slavery. And China,
which sits on the Executive Board of the U.N.'s Refugee Protection
Body, continues to forcibly repatriate North Koreans into danger.
H.R. 4240, Mr. Speaker, will continue the important bipartisan work
of the North Korean Human Rights Act by extending, until the year 2017,
its authorities to promote human rights, refugee protection, and
freedom of information for the people of North Korea.
Mr. Speaker, I reserve the balance of my time.
Mr. BERMAN. Mr. Speaker, I rise in strong support of H.R. 4240.
Mr. Speaker, I rise in strong support of H.R. 4240, The Ambassador
James R. Lilley and Congressman Stephen J. Solarz North Korean Human
Rights Reauthorization Act of 2012, and I yield myself as much time as
I may consume.
I'd like to begin by thanking the gentlelady from Florida and
Chairman of the Foreign Affairs Committee, Ms. Ros-Lehtinen, for her
leadership on this issue.
H.R. 4240 reauthorizes the North Korean Human Rights Act of 2004,
along with some provisions that were included in the 2008
reauthorization. This bill, like its predecessors, is the product of a
broad, bipartisan consensus regarding the atrocious human rights
situation in North Korea.
This legislation continues to provide resources to assist North
Korean refugees, support democracy and human rights programs, and
promote freedom of information in the North. It also extends the
Special Envoy for North Korean Human Rights Issues--a vital position
that plays a central role in advocating for improved human rights in
the North.
As innocent men, women and children flee the repressive North Korean
regime at great personal risk, we have a moral obligation to assist
these refugees and prevent their forcible repatriation. We must
continue working with our close ally South Korea, other friends in the
region, and the human rights community to expose the horrendous abuses
being committed in the North.
Despite North Korea's efforts to appear ``strong and prosperous''
this year to celebrate the 100th birthday of the country's founder,
vast numbers of its citizens continue to face starvation. Sadly, the
North Korean regime's misguided priorities--pouring hundreds of
millions of dollars into its so-called space program, its nuclear
programs and its massive military--only underscore its cold-hearted
callousness and blatant disregard for its own people.
For the vast majority of North Koreans, life remains as bleak as
ever, with the average citizen enjoying no real political, religious,
or personal freedoms. Hundreds of thousands of North Korean political
prisoners remain imprisoned in gulags.
Some North Koreans endeavor to escape their country by any means
possible--even if it means crossing into China, where many refugees are
forced into prostitution and servitude. Others are sent back across the
border to face torture or even death.
This bill calls on China to halt its forcible repatriation of North
Koreans and allow the United Nations High Commissioner for Refugees
unimpeded access to North Koreans inside China to determine whether
fleeing North Koreans require protection.
Mr. Speaker, H.R. 4240 is an important demonstration of our
bipartisan commitment to assist the North Korean people, and I urge my
colleagues to support it.
I yield such time as he may consume to my friend and colleague from
American Samoa (Mr. Faleomavaega), the ranking member of the Asia and
Pacific Subcommittee.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I want to commend my good friend, the
chairwoman of our Foreign Affairs Committee, as well as our ranking
member, Mr. Berman, for bringing this legislation. And I am in full
support, and I do associate myself with the comments and the statements
made earlier by our great chairman as well as our ranking member, Mr.
Berman.
I urge my colleagues to support this piece of legislation.
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of H.R.
4240, to reauthorize the North Korean Human Rights Act of 2004, and for
other purposes. First, I want to thank House Foreign Affairs Chairwoman
Ileana Ros-Lehtinen of Florida and Ranking Member Howard Berman of
California for their leadership on this very critical issue. I also
want to thank all the cosponsors and supporters of this legislation.
This is an important piece of legislation because of the humanitarian
assistance the U.S. provides North Korean refugees and for the
promotion of democracy and freedom in North Korea.
H.R. 4240, or the Ambassador James R. Lilley and Congressman Stephen
J. Solarz North Korea Human Rights Reauthorization Act of 2012, will
allow the U.S. to continue to work with foreign countries in the
assistance and migration of North Korean refugees to the U.S. It will
also urge foreign countries, especially China, to stop the punishment
and return of North Korean refugees. Importantly, H.R. 4240 will assist
those who are providing humanitarian aid to North Koreans who are
outside of North Korea.
Given that the U.S. has one of the largest Korean populations outside
of the Korean Peninsula with millions who have ties to North Korea, the
U.S. must continue its firm commitment to the aid of refugees and
advocacy of human rights for the victims in North Korea. Even after the
death Kim Jong-Il, North Korea continues to deprive its people of the
most basic human rights. Both the international media and
nongovernmental organizations continue to report of the severe military
crackdown and brutal punishment for those who attempt to defect from
North Korea.
Although it is estimated that there are less than 200 North Korean
refugees who have resettled in the U.S. since 2004, I strongly believe
that we must empower the North Korean people by continuing to promote
democratic values and support of human rights programs.
On a personal note, I think it is only appropriate that this
legislation is named in honor of the late Ambassador Lilley and the
late Congressman Solarz who were the champions of human rights issues
for the people of North

[[Page H2687]]

Koreans. I even had the privilege to work closely with the late
Congressman Solarz, who was Chairman of the East Asian and Pacific
Affairs, the same subcommittee of which I am the Ranking Member today.
I am grateful for his leadership and understanding of the Asia Pacific
region.
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.
Again, I thank Chairwoman Ros-Lehtinen and Ranking Member Berman for
their leadership and I urge my colleagues to pass H.R. 4240.
Mr. BERMAN. Mr. Speaker, I have no further speakers. I yield back the
balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I have no further requests for time. I
yield back the balance of my time.
Mr. VAN HOLLEN. Mr. Speaker, I rise in support of H.R. 4240, the
Ambassador James R. Lilley and Congressman Stephen J. Solarz North
Korean Human Rights Reauthorization Act of 2012. I commend Chairman
Ros-Lehtinen and Ranking Member Berman and the members of the House
Foreign Affairs Committee for bringing this important measure to the
floor.
Ambassador Lilley, as director of the Committee for Human Rights in
North Korea and Congressman Solarz, as chairman of the House
subcommittee on East Asia and later as co-chairman of the Committee on
Human Rights in North Korea, refused to stand by silently as the North
Korean government oppressed, abused and murdered its own people. Their
leadership and advocacy helped to raise awareness about the deplorable
conditions endured by the North Korean people, including the
government's practice of executing on-the-spot attempted defectors.
This resolution encourages the United States government to continue
working with foreign governments and with the Peoples Republic of China
in particular, to help resettle refugees who escape North Korea.
Additionally, the bill recognizes the efforts undertaken in North Korea
by the Broadcasting Board of Governors and encourages the board to meet
its goal of broadcasting 12 hours of daily radio transmissions into
that country.
The United States has the largest international refugee resettlement
program in the world. Since this Act was originally passed, 128 North
Koreans have been successfully resettled, including 23 in the last
year. The success of this program is a fitting tribute to the memory
and work of Ambassador Lilley and Congressman Solarz.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and pass the bill, H.R. 4240, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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