[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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