[Congressional Record Volume 170, Number 172 (Wednesday, November 20, 2024)]
[House]
[Pages H6121-H6123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTH KOREAN HUMAN RIGHTS REAUTHORIZATION ACT OF 2023
Mr. MOYLAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3012) 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. 3012
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 ``North Korean Human Rights
Reauthorization Act of 2023''.
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 aimed to promote the protection
of human rights, documentation of human rights violations,
transparency in the delivery of humanitarian assistance, and
the importance of refugee protection.
(2) According to the State Department's 2023 Country
Reports on Human Rights Practices, there are ``widespread
reports of political prisoners and detainees. . . most
external estimates were between 80,000 and 120,000; some NGOs
placed the figure as high as 200,000.''
(3) 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.
(4) According to the State Department's 2023 Country
Reports on Human Rights Practices, there are significant
human rights violations in North Korea, which include
``arbitrary or unlawful killings, including extrajudicial
killings; enforced disappearance; torture or cruel, inhuman,
or degrading treatment;. . . and extensive gender based-
violence.''
(5) 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.
(6) 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 official in September 2020.
(7) The Government of the People's Republic of China is
aiding and abetting North Korea's human rights violations by
forcibly repatriating North Korean refugees to North Korea
where they are sent to prison camps, harshly interrogated,
and tortured or executed.
(8) 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, as a
state party to the 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)).
(9) North Korea continues to deny freedom of religion and
persecute religious minorities, especially Christians and
followers of Shaminism. Eyewitnesses report that Christians
in North Korea have been tortured, forcibly detained, and
even executed for possessing a Bible or professing
Christianity.
(10) The position of Special Envoy on North Korean Human
Rights Issues was vacant from January 2017 to December 2022,
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). In January 2023 President Biden nominated
Julie Turner as Special Envoy on North Korean Human Rights
and Issues She was confirmed in July 2023.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) 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
Government of North Korea.
(2) promoting information access in North Korea continues
to be a successful method of countering DPRK propaganda and
the United States Government should continue to support
nongovernmental radio broadcasting to North Korea and promote
other emerging methods in this space;
(3) because refugees among North Koreans fleeing into the
People's Republic of 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 as a state party to 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 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 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 Nations has a significant role to play in
promoting and improving
[[Page H6122]]
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 for the United Nations High
Commissioner for Human Rights;
(7) North Korea should 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;
(8) 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;
(9) 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
(10) 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 ``2028''.
(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 ``2028''; and
(2) in subsection (c), by striking ``2022'' and inserting
``2028''.
(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 ``2028''.
(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 ``2028''.
(e) Assistance Provided Outside of North Korea.--Section
203 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7833) is amended--
(1) in subsection (b)(2), by striking ``103(15)'' and
inserting ``103(17)''; and
(2) in subsection (c)(1), by striking ``2018 through 2022''
and inserting ``2024 through 2028''.
(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 ``2028''.
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) by redesignating clauses (i) through (iii) as clauses
(ii) through (iv), respectively;
(ii) by inserting before clause (ii), as so redesignated
the following:
``(i) an update of the plan required under subparagraph
(A);''; and
(iv) in clause (iii), as so 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.--If the
position of Special Envoy will remain vacant for 1 year or
longer without any presidential nomination to appoint a new
Special Envoy, not later than 90 days before the date on
which such position becomes vacant for 1 year, the Secretary
of State shall submit to the appropriate congressional
committees a report that describes the efforts being taken to
appoint a new Special Envoy.''.
SEC. 7. SENSE OF CONGRESS REGARDING KOREAN AMERICAN DIVIDED
FAMILIES.
It is the sense of Congress--
(1) the United States and North Korea should begin the
process of reuniting Korean-American divided family members
with their immediate relatives through ways such as--
(A) identifying divided families in the United States and
North Korea who are willing and able to participate in a
pilot program for family reunions;
(B) finding matches for members of such families through
organizations such as the Red Cross; and
(C) working with the Government of South Korea to include
American citizens in inter-Korean video reunions;
(2) the institution of family is inalienable and the
restoration of contact between divided families whether
physically, literarily, or virtually is an urgent need; and
(3) the United States and North Korea should pursue
reunions as a humanitarian priority of immediate concern.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Guam (Mr. Moylan) and the gentlewoman from North Carolina (Ms. Manning)
each will control 20 minutes.
The Chair recognizes the gentleman from Guam.
General Leave
Mr. MOYLAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Guam?
There was no objection.
Mr. MOYLAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Kim Jong Un regime continues to oppress the North
Korean people through torture, forced labor, imprisonment, and
starvation to continue expanding North Korea's nuclear weapons program.
The regime also severely represses the security of the United States
and the world by advancing its missile and nuclear weapons programs.
Recent intercontinental ballistic missile tests and an alarming
increase in the number of nuclear warheads in North Korea's arsenal are
clear demonstrations of its growing threat to global peace and
stability.
North Korea has abducted Japanese and South Korean citizens and has
caused the death of U.S. citizens while in North Korean custody. These
acts of state-sponsored kidnapping and unlawful detention have caused
immense suffering to the victims and their families. The regime's
blatant disregard for human life and international law is a violation
of basic human rights and an affront to global justice.
The North Korean Human Rights Act ensures that the Kim regime's human
rights abuses do not go unchecked and reinforces the United States'
commitment to promoting human rights in North Korea. By shining a
spotlight on these atrocities, the Act seeks to hold the regime
responsible for its abuses and to give hope to the North Korean people
who continue to endure unimaginable oppression.
This bill extends critical efforts to break the regime's information
control over the North Korean people, to protect North Korean defectors
and refugees, especially from forced repatriation by China. It also
ensures that the regime does not have opportunities to divert
international assistance for military purposes.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Ms. MANNING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 3012, the North Korean
Human Rights Reauthorization Act.
I start by thanking Representatives Kim and Bera for their leadership
on this bill. Initially passed in 2004, the North Korean Human Rights
Act was landmark legislation that promoted accountability for human
rights violations in North Korea. We are here today because the
underlying tenets of this bill are as necessary today as they were 20
years ago.
Since rising to power in 2011, Kim Jung Un has doubled down on the
brutal, authoritarian rule of his father and grandfather. His
government has committed untold human rights violations, including
arbitrary and extrajudicial killings, mass detention, forced labor, and
torture.
Under the shadow of the COVID-19 pandemic, Pyongyang used lockdowns
to intensify its repression, including through shoot-to-kill orders on
its borders and draconian policies that have driven segments of the
North Korean population into famine.
Today, North Korea remains one of the most, if not the most,
repressive countries in the world. It is critical that we reauthorize
the North Korean Human Rights Act today, and I urge the Senate to pass
this bill immediately so that President Biden can sign it into law this
year. It is essential that we reauthorize the bill now to make the
United States' commitment on this issue clear and irreversible.
We must not ignore the horrific human catastrophe taking place in
North Korea. It is disappointing that
[[Page H6123]]
the Trump administration did not appoint a Special Envoy on North
Korean Human Rights Issues, which the North Korean Human Rights Act
mandates. Congress must ensure that does not happen again.
This bill will enable thorough legislative oversight of the
administration's North Korea policy, including by requiring the
administration to answer to Congress should it fail to appoint a
Special Envoy on North Korean Human Rights Issues in an expedient
fashion.
H.R. 3012 would also provide the incoming administration with the
tools necessary to elevate the cause of human rights in North Korea
while extending reporting requirements that will allow Congress to
ensure that the United States does not ignore Pyongyang's brutal
treatment of its own citizens.
Mr. Speaker, I strongly encourage my colleagues to support this bill,
and I reserve the balance of my time.
Mr. MOYLAN. Mr. Speaker, I yield 4 minutes to the gentlewoman from
California (Mrs. Kim), the chair of the Subcommittee on the Indo-
Pacific.
Mrs. KIM of California. Mr. Speaker, I thank Representative Moylan
for yielding and for his leadership as well as my good friend
Representative Manning for moving this bill forward.
Mr. Speaker, I rise in strong support of my bipartisan bill, H.R.
3012, the North Korean Human Rights Reauthorization Act.
This bill updates the North Korean Human Rights Act of 2004 that was
enacted to provide humanitarian aid to North Korean refugees, allow for
information access for the North Korean people, and appoint a U.S.
Special Envoy for North Korean Human Rights Issues.
H.R. 3012 reauthorizes, streamlines, and strengthens oversight of
these programs through 2028 and calls for Korean-American families to
be reunited with their immediate relatives in North Korea.
We need someone at the State Department dedicated entirely to North
Korean human rights issues, especially as Kim Jong Un's brutality
against his own people grows. Why?
Because North Korean women and children face the most inhumane
treatment in the world, child labor is institutionalized in North
Korea, and women are forced into sex trafficking organized by
government officials and human traffickers; because an estimated
100,000 North Koreans are subject to forced labor in factories with
inhumane conditions in the People's Republic of China; and because
torture, forced disappearances, imprisonment, forced sterilization, and
religious persecution are tools regularly used to consolidate the North
Korean regime's power.
From January 2017 to December 2022, the special envoy position was
vacant; that is nearly 6 years. If the position is ever vacant again
for more than 180 days, my bill requires the State Department to report
on ongoing efforts to fill the position.
The authorization for the North Korean Human Rights Act of 2004
lapsed in 2022. We must get this legislation signed into law this
Congress. We cannot ignore the threat posed by North Korea, and holding
the North Korean regime accountable without supporting human rights is
a nonstarter.
Failing to reauthorize this landmark human rights initiative sends a
signal to Kim Jong Un that the United States will allow human rights
abuses in North Korea and around the world to fall on deaf ears.
I thank Representative Ami Bera for co-leading this bill with me, and
I thank our chairman of the full committee and his staff for their
leadership and commitment to human rights and freedoms for the North
Korean people.
Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R. 3012.
Ms. MANNING. Mr. Speaker, I yield myself the balance of my time for
the purpose of closing.
We must be just as committed today to supporting the human rights of
North Koreans as we were in 2004, which is why I support this
bipartisan reauthorization of the North Korean Human Rights Act through
2028.
While much of U.S. policy toward North Korea is focused on its
nuclear and missile programs, we cannot ignore the gross human rights
abuses within the country. We can and must address both.
I thank Representatives Kim and Bera for shining a light on the
struggle of the North Korean people. I hope my colleagues will join me
and support this important bill.
Mr. Speaker, I yield back the balance of my time.
Mr. MOYLAN. Mr. Speaker, I yield myself the balance of my time.
In closing, I thank Representatives Kim and Bera of California for
working together on this important legislation that reinforces the
United States' commitment to promoting human rights in North Korea.
Mr. Speaker, I urge my colleagues to support this measure, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Guam (Mr. Moylan) that the House suspend the rules and
pass the bill, H.R. 3012, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MOYLAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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