[Congressional Record Volume 164, Number 66 (Tuesday, April 24, 2018)]
[Senate]
[Pages S2394-S2396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2240. Mr. McCONNELL (for Mr. Rubio) proposed an amendment to the 
bill H.R. 2061, to reauthorize the North Korean Human Rights Act of 
2004, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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 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. A 
     2014 report from the Asian 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 officials 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 only resettled 212 refugees from North Korea since the 
     date of the enactment of the North Korea Human Rights Act of 
     2004 (Public Law 108-333).

     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;
       (2) 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 the 
     United Nations High Commissioner for Human Rights;
       (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;
       (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);
       (D) address the concerns of the United Nations Committee 
     against Torture by incorporating the principle of non-
     refoulement into Chinese 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;
       (4) 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;

[[Page S2395]]

       (5) 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;
       (6) the United States should continue to seek cooperation 
     from all foreign governments to allow the United Nations High 
     Commissioner for Refugees (UNHCR) 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); and
       (7) 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 and defectors.

     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:
       ``(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, web pages, 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:
       ``(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 should 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) Religious minorities.--Efforts to improve information 
     access under this subsection should include 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) 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 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 HUMANITARIAN COORDINATION 
                   RELATED TO THE KOREAN PENINSULA.

       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:

     ``SEC. 306. SENSE OF CONGRESS ON HUMANITARIAN COORDINATION 
                   RELATED TO THE KOREAN PENINSULA.

       ``It is the sense of Congress that--
       ``(1) any instability on the Korean Peninsula could have 
     significant humanitarian and strategic impact on the region 
     and for United States national interests; and
       ``(2) as such, the United States Government should work 
     with countries sharing a land or maritime border with North 
     Korea 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.--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 
     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''.

     SEC. 8. REPORT BY 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 Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 9. REPEAL OF DUPLICATIVE AUTHORIZATIONS.

       Section 403 of the North Korea Sanctions and Policy 
     Enhancement Act of 2016 (Public

[[Page S2396]]

     Law 114-122; 22 U.S.C. 9253) is hereby repealed.

                          ____________________