[Congressional Record Volume 168, Number 191 (Thursday, December 8, 2022)]
[Senate]
[Pages S7085-S7087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         NORTH KOREAN HUMAN RIGHTS REAUTHORIZATION ACT OF 2022

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Senate 
proceed to immediate consideration of Calendar No. 457, S. 4216.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 4216) to reauthorize the North Korean Human 
     Rights Act of 2004, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Foreign Relations, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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

[[Page S7086]]

     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 Office for North Korean Refugees.--The 
     Secretary of State shall ensure that a program officer in the 
     Bureau of Population, Refugees, and Migration of the 
     Department of State--
       (1) is stationed in a country in Southeast Asia or East 
     Asia; and
       (2) is principally responsible for facilitating the 
     processing and onward relocation of North Koreans eligible 
     for the United States Refugee Admissions Program or 
     resettlement in South Korea.
       (c) 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.
       (d) Mechanisms.--The guidelines and information described 
     in subsection (c)--
       (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

[[Page S7087]]

     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.
  Mr. CARDIN. I further ask unanimous consent that the committee-
reported substitute amendment be withdrawn; that the Rubio substitute 
amendment at the desk be considered and agreed to; and the bill, as 
amended, be considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment, in the nature of a substitute, was 
withdrawn.
  The amendment (No. 6511), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. CARDIN. I know of no further debate on the bill.
  The PRESIDING OFFICER. Is there further debate on the bill?
  Hearing none, the bill having been read the third time, the question 
is, Shall the bill pass?
  The bill (S. 4216), as amended, was passed.
  Mr. CARDIN. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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