[Congressional Record Volume 164, Number 108 (Wednesday, June 27, 2018)]
[House]
[Pages H5787-H5788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTH KOREAN HUMAN RIGHTS REAUTHORIZATION ACT OF 2017
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent to take from
the Speaker's table the bill (H.R. 2061) to reauthorize the North
Korean Human Rights Act of 2004, and for other purposes, with the
Senate amendment thereto, and to concur in the Senate amendment.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will report the Senate amendment.
The Clerk read as follows:
Senate amendment:
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;
(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
[[Page H5788]]
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 Law 114-122; 22 U.S.C. 9253)
is hereby repealed.
Ms. ROS-LEHTINEN (during the reading). Mr. Speaker, I ask unanimous
consent to dispense with the reading of the amendment.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentlewoman from Florida?
There was no objection.
A motion to reconsider was laid on the table.
____________________