    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-198
    115th Congress

    An Act

    To reauthorize the North Korean Human Rights Act of 2004, and for other
    purposes. <>

    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 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.

    [[Page 1520]]

    (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);

    [[Page 1521]]

    (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'';

    [[Page 1522]]

    (2) by inserting ``, USB drives, micro SD cards, audio
    players, video players, cell phones, wi-fi, wireless internet,
    web pages, internet, wireless 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--

    [[Page 1523]]

    ``(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--

    [[Page 1524]]

    (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.

    [[Page 1525]]

    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.

    Approved July 20, 2018.

    LEGISLATIVE HISTORY--H.R. 2061:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    Sept. 25, considered and passed
    House.
    Vol. 164 (2018):
    Apr. 24, considered and passed
    Senate, amended.
    June 27, House concurred in Senate
    amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    July 20, Presidential statement.