[Congressional Record (Bound Edition), Volume 158 (2012), Part 5]
[House]
[Pages 6772-6774]
[From the U.S. Government Publishing Office, www.gpo.gov]




  AMBASSADOR JAMES R. LILLEY AND CONGRESSMAN STEPHEN J. SOLARZ NORTH 
             KOREA HUMAN RIGHTS REAUTHORIZATION ACT OF 2012

  Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 4240) 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. 4240

       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 ``Ambassador James R. Lilley 
     and Congressman Stephen J. Solarz North Korea Human Rights 
     Reauthorization Act of 2012''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The North Korean Human Rights Act of 2004 (Public Law 
     108-333; 22 U.S.C. 7801 et seq.) and the North Korean Human 
     Rights Reauthorization Act of 2008 (Public Law 110-346) were 
     the product of broad, bipartisan consensus regarding the 
     promotion of human rights, transparency in the delivery of 
     humanitarian assistance, and the importance of refugee 
     protection.
       (2) In addition to the longstanding commitment of the 
     United States to refugee and human rights advocacy, the 
     United States is home to the largest Korean population 
     outside of northeast Asia, and many in the two-million strong 
     Korean-American community have family ties to North Korea.
       (3) Although the transition to the leadership of Kim Jong-
     Un after the death of Kim Jong-Il has introduced new 
     uncertainties and possibilities, the fundamental human rights 
     and humanitarian conditions inside North Korea remain 
     deplorable, North Korean refugees remain acutely vulnerable, 
     and the findings in the 2004 Act and 2008 Reauthorization 
     remain substantially accurate today.
       (4) Media and nongovernmental organizations have reported a 
     crackdown on unauthorized border crossing during the North 
     Korean leadership transition, including authorization for on-
     the-spot execution of attempted defectors, as well as an 
     increase in punishments during the 100-day official mourning 
     period after the death of Kim Jong-Il.
       (5) Notwithstanding high-level advocacy by the United 
     States, the Republic of Korea, and the United Nations High 
     Commissioner for Refugees, China has continued to forcibly 
     repatriate North Koreans, including dozens of presumed 
     refugees who were the subject of international humanitarian 
     appeals during February and March of 2012.
       (6) The United States, which has the largest international 
     refugee resettlement program in the world, has resettled 128 
     North Koreans since passage of the 2004 Act, including 23 
     North Koreans in fiscal year 2011.
       (7) In a career of Asia-focused public service that spanned 
     more than half a century, including service as a senior 
     United States diplomat in times and places where there were 
     significant challenges to human rights, Ambassador James R. 
     Lilley also served as a director of the Committee for Human 
     Rights in North Korea until his death in 2009.
       (8) Following his 18 years of service in the House of 
     Representatives, including as Chairman of the Foreign Affairs 
     Subcommittee on East Asian and Pacific Affairs, Stephen J. 
     Solarz committed himself to, in his words, highlighting ``the 
     plight of ordinary North Koreans who are denied even the most 
     basic human rights, and the dramatic and heart-rending 
     stories of those who risk their lives in the struggle to 
     escape what is certainly the world's worst nightmare'', and 
     served as co-chairman of the Committee for Human Rights in 
     North Korea until his death in 2010.

     SEC. 3. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States should continue to seek cooperation 
     from foreign governments to allow the United States to 
     process North Korean refugees overseas for resettlement in 
     the United States, through persistent diplomacy by senior 
     officials of the United States, including United States 
     ambassadors to Asia-Pacific countries, and close cooperation 
     with its ally, the Republic of Korea; and
       (2) because there are genuine refugees among North Koreans 
     fleeing into China who face severe punishments upon their 
     forcible return, the United States should urge the People's 
     Republic of China to--
       (A) immediately halt its forcible repatriation of North 
     Koreans;
       (B) fulfill its obligations pursuant to the 1951 United 
     Nations Convention Relating to the Status of Refugees, the 
     1967 Protocol Relating to the Status of Refugees, and the 
     1995 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; and
       (C) allow the United Nations High Commissioner for Refugees 
     (UNHCR) unimpeded access to North Koreans inside China to 
     determine whether such North Koreans are refugees requiring 
     protection.

     SEC. 4. 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 ``2012'' 
     and inserting ``2017''.

     SEC. 5. RADIO BROADCASTING TO NORTH KOREA.

       Not later than 120 days after the date of the enactment of 
     this Act, the Broadcasting Board of Governors (BBG) shall 
     submit to the appropriate congressional committees, as 
     defined in section 5(1) of the North Korean Human Rights Act 
     of 2004 (22 U.S.C. 7803(1)), a report that describes the 
     status and content of current United States broadcasting to 
     North Korea and the extent to which the BBG has achieved the 
     goal of 12-hour-per-day broadcasting to North Korea pursuant 
     to section 103 of such Act (22 U.S.C. 7813).

     SEC. 6. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

       Subsections (b)(1) and (c) of section 104 of the North 
     Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended 
     by striking ``2012'' and inserting ``2017'' each place it 
     appears.

     SEC. 7. 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)) by striking ``2012'' and inserting 
     ``2017''.

     SEC. 8. 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 ``2012'' and inserting ``2017''.

     SEC. 9. 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--
       (1) by striking ``$20,000,000'' and inserting 
     ``$5,000,000''; and
       (2) by striking ``2005 through 2012'' and inserting ``2013 
     through 2017''.

     SEC. 10. 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 ``2012'' and inserting ``2017''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Berman) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend and to submit 
extraneous materials for the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 4240, the Ambassador James R. Lilley and 
Congressman Stephen J. Solarz North Korea Human Rights Reauthorization 
Act of 2012. I would like to thank my coauthor and ranking member, my 
good friend, Mr. Berman, and the dozens of bipartisan cosponsors who 
have joined us to continue the important human rights work that 
Congress began 9 years ago.
  The North Korean regime remains one of the world's worst human rights 
abusers as the legacy of tyranny has been passed on to a new 
generation.
  South Korea's National Human Rights Commission detailed, in a 380-
page report released earlier this month, that Kim Jong-Un maintains the 
same hellish gulag as his father and grandfather before him.
  Hundreds of thousands of men, women, and children are forced into 
slave labor, starved, and tortured to death in isolated camps. Even 
outside the camps, the North Korean people enjoy no freedoms of speech, 
religion, press, or assembly.

                              {time}  1740

  Officials crush any dissent and have reportedly authorized the on-
the-spot execution of those attempting to flee the country.
  A regime that maims its own people with impunity, cannot be trusted 
to keep its agreements with foreigners. Thus, solving the North Korean 
human rights issue is also an integral part of addressing the North 
Korean security threat.
  North Korean women and girls are brutalized and trafficked in China, 
where they are sold into forced marriage and sexual slavery. And China, 
which sits on the Executive Board of the U.N.'s Refugee Protection 
Body, continues to forcibly repatriate North Koreans into danger.

[[Page 6773]]

  H.R. 4240, Mr. Speaker, will continue the important bipartisan work 
of the North Korean Human Rights Act by extending, until the year 2017, 
its authorities to promote human rights, refugee protection, and 
freedom of information for the people of North Korea.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BERMAN. Mr. Speaker, I rise in strong support of H.R. 4240.
  Mr. Speaker, I rise in strong support of H.R. 4240, The Ambassador 
James R. Lilley and Congressman Stephen J. Solarz North Korean Human 
Rights Reauthorization Act of 2012, and I yield myself as much time as 
I may consume.
  I'd like to begin by thanking the gentlelady from Florida and 
Chairman of the Foreign Affairs Committee, Ms. Ros-Lehtinen, for her 
leadership on this issue.
  H.R. 4240 reauthorizes the North Korean Human Rights Act of 2004, 
along with some provisions that were included in the 2008 
reauthorization. This bill, like its predecessors, is the product of a 
broad, bipartisan consensus regarding the atrocious human rights 
situation in North Korea.
  This legislation continues to provide resources to assist North 
Korean refugees, support democracy and human rights programs, and 
promote freedom of information in the North. It also extends the 
Special Envoy for North Korean Human Rights Issues--a vital position 
that plays a central role in advocating for improved human rights in 
the North.
  As innocent men, women and children flee the repressive North Korean 
regime at great personal risk, we have a moral obligation to assist 
these refugees and prevent their forcible repatriation. We must 
continue working with our close ally South Korea, other friends in the 
region, and the human rights community to expose the horrendous abuses 
being committed in the North.
  Despite North Korea's efforts to appear ``strong and prosperous'' 
this year to celebrate the 100th birthday of the country's founder, 
vast numbers of its citizens continue to face starvation. Sadly, the 
North Korean regime's misguided priorities--pouring hundreds of 
millions of dollars into its so-called space program, its nuclear 
programs and its massive military--only underscore its cold-hearted 
callousness and blatant disregard for its own people.
  For the vast majority of North Koreans, life remains as bleak as 
ever, with the average citizen enjoying no real political, religious, 
or personal freedoms. Hundreds of thousands of North Korean political 
prisoners remain imprisoned in gulags.
  Some North Koreans endeavor to escape their country by any means 
possible--even if it means crossing into China, where many refugees are 
forced into prostitution and servitude. Others are sent back across the 
border to face torture or even death.
  This bill calls on China to halt its forcible repatriation of North 
Koreans and allow the United Nations High Commissioner for Refugees 
unimpeded access to North Koreans inside China to determine whether 
fleeing North Koreans require protection.
  Mr. Speaker, H.R. 4240 is an important demonstration of our 
bipartisan commitment to assist the North Korean people, and I urge my 
colleagues to support it.
  I yield such time as he may consume to my friend and colleague from 
American Samoa (Mr. Faleomavaega), the ranking member of the Asia and 
Pacific Subcommittee.
  Mr. FALEOMAVAEGA. Mr. Speaker, I want to commend my good friend, the 
chairwoman of our Foreign Affairs Committee, as well as our ranking 
member, Mr. Berman, for bringing this legislation. And I am in full 
support, and I do associate myself with the comments and the statements 
made earlier by our great chairman as well as our ranking member, Mr. 
Berman.
  I urge my colleagues to support this piece of legislation.
  Mr. Speaker, I rise today in strong support of H.R. 4240, to 
reauthorize the North Korean Human Rights Act of 2004, and for other 
purposes. First, I want to thank House Foreign Affairs Chairwoman 
Ileana Ros-Lehtinen of Florida and Ranking Member Howard Berman of 
California for their leadership on this very critical issue. I also 
want to thank all the cosponsors and supporters of this legislation. 
This is an important piece of legislation because of the humanitarian 
assistance the U.S. provides North Korean refugees and for the 
promotion of democracy and freedom in North Korea.
  H.R. 4240, or the Ambassador James R. Lilley and Congressman Stephen 
J. Solarz North Korea Human Rights Reauthorization Act of 2012, will 
allow the U.S. to continue to work with foreign countries in the 
assistance and migration of North Korean refugees to the U.S. It will 
also urge foreign countries, especially China, to stop the punishment 
and return of North Korean refugees. Importantly, H.R. 4240 will assist 
those who are providing humanitarian aid to North Koreans who are 
outside of North Korea.
  Given that the U.S. has one of the largest Korean populations outside 
of the Korean Peninsula with millions who have ties to North Korea, the 
U.S. must continue its firm commitment to the aid of refugees and 
advocacy of human rights for the victims in North Korea. Even after the 
death Kim Jong-Il, North Korea continues to deprive its people of the 
most basic human rights. Both the international media and 
nongovernmental organizations continue to report of the severe military 
crackdown and brutal punishment for those who attempt to defect from 
North Korea.
  Although it is estimated that there are less than 200 North Korean 
refugees who have resettled in the U.S. since 2004, I strongly believe 
that we must empower the North Korean people by continuing to promote 
democratic values and support of human rights programs.
  On a personal note, I think it is only appropriate that this 
legislation is named in honor of the late Ambassador Lilley and the 
late Congressman Solarz who were the champions of human rights issues 
for the people of North Koreans. I even had the privilege to work 
closely with the late Congressman Solarz, who was Chairman of the East 
Asian and Pacific Affairs, the same subcommittee of which I am the 
Ranking Member today. I am grateful for his leadership and 
understanding of the Asia Pacific region.
  Just as Ambassador Lilley and Congressman Solarz worked hard to 
protect the human rights of the North Korean people, we must remain 
vigilant in helping the people of North Korea who struggle daily to 
escape the oppression and tyranny of the North Korean regime.
  Again, I thank Chairwoman Ros-Lehtinen and Ranking Member Berman for 
their leadership and I urge my colleagues to pass H.R. 4240.
  Mr. BERMAN. Mr. Speaker, I have no further speakers. I yield back the 
balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I have no further requests for time. I 
yield back the balance of my time.
  Mr. VAN HOLLEN. Mr. Speaker, I rise in support of H.R. 4240, the 
Ambassador James R. Lilley and Congressman Stephen J. Solarz North 
Korean Human Rights Reauthorization Act of 2012. I commend Chairman 
Ros-Lehtinen and Ranking Member Berman and the members of the House 
Foreign Affairs Committee for bringing this important measure to the 
floor.
  Ambassador Lilley, as director of the Committee for Human Rights in 
North Korea and Congressman Solarz, as chairman of the House 
subcommittee on East Asia and later as co-chairman of the Committee on 
Human Rights in North Korea, refused to stand by silently as the North 
Korean government oppressed, abused and murdered its own people. Their 
leadership and advocacy helped to raise awareness about the deplorable 
conditions endured by the North Korean people, including the 
government's practice of executing on-the-spot attempted defectors.
  This resolution encourages the United States government to continue 
working with foreign governments and with the Peoples Republic of China 
in particular, to help resettle refugees who escape North Korea. 
Additionally, the bill recognizes the efforts undertaken in North Korea 
by the Broadcasting Board of Governors and encourages the board to meet 
its goal of broadcasting 12 hours of daily radio transmissions into 
that country.
  The United States has the largest international refugee resettlement 
program in the world. Since this Act was originally passed, 128 North 
Koreans have been successfully resettled, including 23 in the last 
year. The success of this program is a fitting tribute to the memory 
and work of Ambassador Lilley and Congressman Solarz.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the 
rules and pass the bill, H.R. 4240, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

[[Page 6774]]



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