What This Bill Does
This bill reauthorizes and updates the North Korean Human Rights Act of 2004. It extends funding and programs that promote human rights awareness, provide assistance to North Korean refugees, and counter North Korean government propaganda through information access.
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Who It Affects
- The U.S. Department of State
- The U.S. Department of Homeland Security
- North Korean refugees and defectors
- North Korean citizens
- Organizations that provide humanitarian assistance
- Faith-based and Korean-American organizations
- U.S. broadcasting agencies
- Foreign governments, particularly China
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Key Provisions
- Congress extends authorization for support of human rights and democracy programs in North Korea through 2028 (Sec. 4(a))
- The Secretary of State must report every 180 days on efforts to fill the vacant position of Special Envoy for North Korean Human Rights Issues until the position is filled or through 2028 (Sec. 6)
- The United States Agency for Global Media replaces the Broadcasting Board of Governors as the agency responsible for promoting information access into North Korea (Sec. 5)
- The Secretary of State shall create and publicly share guidelines about resettlement options in the United States or South Korea for eligible North Korean refugees, distributed through websites, radio broadcasts, and brochures (Sec. 7)
- The Secretary of State and Secretary of Homeland Security should work with faith-based and Korean-American organizations to help resettle North Korean refugees in areas with existing Korean-American communities (Sec. 7(a))
- Foreign individuals or entities that knowingly forced North Korean refugees back to North Korea can now be subject to sanctions (Sec. 8)
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What Changes
If this bill becomes law, the U.S. government will extend funding for human rights programs in North Korea through 2028 instead of ending in 2022. The government must actively search for and appoint a Special Envoy on North Korean Human Rights Issues and report regularly on this effort. U.S. officials will focus more on helping North Korean refugees resettle in communities with established Korean-American populations. Sanctions authorities will gain new power to punish countries or organizations that forcibly send North Korean refugees back to North Korea. The government will create and spread information to North Koreans about where and how they can resettle if they escape.
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Important Definitions
- **Non-refoulement**: The principle that a country cannot send people back to a place where they will face torture, persecution, or other serious harm (mentioned in Sec. 3)
- **Crimes against humanity**: Widespread or systematic attacks against civilian populations, including forced starvation, sexual violence, torture, executions, and enforced disappearances (referenced in Sec. 2)
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 584
To reauthorize the North Korean Human Rights Act of 2004, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 1, 2023
Mr. RUBIO (for himself and Mr. KAINE) introduced the following bill; which
was read twice and referred to the Committee on Foreign Relations
A BILL
To reauthorize the North Korean Human Rights Act of
2004, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘North Korean Human
4
Rights Reauthorization Act of 2023’’.
5
SEC. 2. FINDINGS.
6
Congress makes the following findings:
7
(1) The North Korean Human Rights Act of
8
2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.)
9
and subsequent reauthorizations of such Act were
10
2
•S 584 IS
the product of broad, bipartisan consensus regarding
1
the promotion of human rights, documentation of
2
human rights violations, transparency in the delivery
3
of humanitarian assistance, and the importance of
4
refugee protection.
5
(2) The human rights and humanitarian condi-
6
tions within North Korea remain deplorable and
7
have been intentionally perpetuated against the peo-
8
ple of North Korea through policies endorsed and
9
implemented by Kim Jong-un and the Workers’
10
Party of Korea.
11
(3) According to a 2014 report released by the
12
United Nations Human Rights Council’s Commis-
13
sion of Inquiry on Human Rights in the Democratic
14
People’s Republic of Korea, between 80,000 and
15
120,000 children, women, and men were being held
16
in political prison camps in North Korea, where they
17
were subjected to deliberate starvation, forced labor,
18
executions, torture, rape, forced abortion, and infan-
19
ticide.
20
(4) North Korea continues to hold a number of
21
South Koreans and Japanese abducted after the
22
signing of the Agreement Concerning a Military Ar-
23
mistice in Korea, signed at Panmunjom July 27,
24
1953 (commonly referred to as the ‘‘Korean War
25
3
•S 584 IS
Armistice Agreement’’), and refuses to acknowledge
1
the abduction of more than 100,000 South Koreans
2
during the Korean War in violation of the Geneva
3
Convention.
4
(5) Human rights violations in North Korea,
5
which include forced starvation, sexual violence
6
against women and children, restrictions on freedom
7
of movement, arbitrary detention, torture, execu-
8
tions, and enforced disappearances, amount to
9
crimes against humanity according to the United
10
Nations Commission of Inquiry on Human Rights in
11
the Democratic People’s Republic of Korea.
12
(6) The effects of the COVID–19 pandemic and
13
North Korea’s strict lockdown of its borders and
14
crackdowns on informal market activities and small
15
entrepreneurship have drastically increased food in-
16
security for its people and given rise to famine con-
17
ditions in parts of the country.
18
(7) North Korea’s COVID–19 border lockdown
19
measures also include shoot-to-kill orders that have
20
resulted in the killing of—
21
(A) North Koreans attempting to cross the
22
border; and
23
(B) at least 1 South Korean citizen in Sep-
24
tember 2020.
25
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•S 584 IS
(8) The Chinese Communist Party and the
1
Government of the People’s Republic of China are
2
aiding and abetting in crimes against humanity by
3
forcibly repatriating North Korean refugees to
4
North Korea where they are sent to prison camps,
5
harshly interrogated, and tortured or executed.
6
(9) The forcible repatriation of North Korean
7
refugees violates the People’s Republic of China’s
8
freely undertaken obligation to uphold the principle
9
of non-refoulement, under the Convention Relating
10
to the Status of Refugees, done at Geneva July 28,
11
1951 (and made applicable by the Protocol Relating
12
to the Status of Refugees, done at New York Janu-
13
ary 31, 1967 (19 UST 6223)).
14
(10) North Korea continues to bar freedom of
15
religion and persecute religious minorities, especially
16
Christians. Eyewitnesses report that Christians in
17
North Korea have been tortured, forcibly detained,
18
and even executed for possessing a Bible or pro-
19
fessing Christianity.
20
(11) United States and international broad-
21
casting operations into North Korea—
22
(A) serve as a critical source of outside
23
news and information for the North Korean
24
people; and
25
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•S 584 IS
(B) provide a valuable service for coun-
1
tering regime propaganda and false narratives.
2
(12) The position of Special Envoy on North
3
Korean Human Rights Issues has been vacant since
4
January 2017, even though the President is required
5
to appoint a Senate-confirmed Special Envoy to fill
6
this position in accordance with section 107 of the
7
North Korean Human Rights Act of 2004 (22
8
U.S.C. 7817).
9
SEC. 3. SENSE OF CONGRESS.
10
It is the sense of Congress that—
11
(1) promoting information access in North
12
Korea continues to be a successful method of coun-
13
tering North Korean propaganda;
14
(2) the United States Government should con-
15
tinue to support efforts described in paragraph (1),
16
including by enacting and implementing the Otto
17
Warmbier North Korean Censorship and Surveil-
18
lance Act of 2021, which was introduced by Senator
19
Portman on June 17, 2021;
20
(3) because refugees among North Koreans
21
fleeing into China face severe punishments upon
22
their forcible return, the United States should urge
23
the Government of the People’s Republic of China—
24
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•S 584 IS
(A) to immediately halt its forcible repatri-
1
ation of North Koreans;
2
(B) to allow the United Nations High
3
Commissioner for Refugees (referred to in this
4
section as ‘‘UNHCR’’) unimpeded access to
5
North Koreans within China to determine
6
whether they are refugees and require assist-
7
ance;
8
(C) to fulfill its obligations under the Con-
9
vention Relating to the Status of Refugees,
10
done at Geneva July 28, 1951 (and made appli-
11
cable by the Protocol Relating to the Status of
12
Refugees, done at New York January 31, 1967
13
(19 UST 6223)) and the Agreement on the up-
14
grading of the UNHCR Mission in the People’s
15
Republic of China to UNHCR branch office in
16
the People’s Republic of China, done at Geneva
17
December 1, 1995;
18
(D) to address the concerns of the United
19
Nations Committee Against Torture by incor-
20
porating into domestic legislation the principle
21
of non-refoulement; and
22
(E) to recognize the legal status of North
23
Korean women who marry or have children with
24
Chinese citizens and ensure that all such moth-
25
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•S 584 IS
ers and children are granted resident status
1
and access to education and other public serv-
2
ices in accordance with Chinese law and inter-
3
national standards;
4
(4) the United States Government should con-
5
tinue to promote the effective and transparent deliv-
6
ery and distribution of any humanitarian aid pro-
7
vided in North Korea to ensure that such aid
8
reaches its intended recipients to the point of con-
9
sumption or utilization by cooperating closely with
10
the Government of the Republic of Korea and inter-
11
national and nongovernmental organizations;
12
(5) the Department of State should continue to
13
take steps to increase public awareness about the
14
risks and dangers of travel by United States citizens
15
to North Korea, including by continuing its policy of
16
blocking United States passports from being used to
17
travel to North Korea without a special validation
18
from the Department of State;
19
(6) the United Nations, which has a significant
20
role to play in promoting and improving human
21
rights in North Korea, should press for access for
22
the United Nations Special Rapporteur and the
23
United Nations High Commissioner for Human
24
8
•S 584 IS
Rights on the situation of human rights in North
1
Korea;
2
(7) the Special Envoy for North Korean
3
Human Rights Issues should be appointed without
4
delay—
5
(A) to properly promote and coordinate
6
North Korean human rights and humanitarian
7
issues; and
8
(B) to participate in policy planning and
9
implementation with respect to refugee issues;
10
(8) the United States should urge North Korea
11
to repeal the Reactionary Thought and Culture De-
12
nunciation Law and other draconian laws, regula-
13
tions, and decrees that manifestly violate the free-
14
dom of opinion and expression and the freedom of
15
thought, conscience, and religion;
16
(9) the United States should urge North Korea
17
to ensure that any restrictions on addressing the
18
COVID–19 pandemic are necessary, proportionate,
19
nondiscriminatory, time-bound, transparent, and
20
allow international staff to operate inside the North
21
Korea to provide international assistance based on
22
independent needs assessments;
23
(10) the United States should expand the Re-
24
wards for Justice program to be open to North Ko-
25
9
•S 584 IS
rean officials who can provide evidence of crimes
1
against humanity being committed by North Korean
2
officials;
3
(11) the United States should continue to seek
4
cooperation from all foreign governments—
5
(A) to allow the UNHCR access to process
6
North Korean refugees overseas for resettle-
7
ment; and
8
(B) to allow United States officials access
9
to process refugees for possible resettlement in
10
the United States; and
11
(12) the Secretary of State, through diplomacy
12
by senior officials, including United States ambas-
13
sadors to Asia-Pacific countries, and in close co-
14
operation with South Korea, should make every ef-
15
fort to promote the protection of North Korean refu-
16
gees, escapees, and defectors.
17
SEC. 4. REAUTHORIZATIONS.
18
(a) SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY
19
PROGRAMS.—Section 102(b)(1) of the North Korean
20
Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is
21
amended by striking ‘‘2022’’ and inserting ‘‘2028’’.
22
(b) ACTIONS TO PROMOTE FREEDOM OF INFORMA-
23
TION.—Section 104 of the North Korean Human Rights
24
Act of 2004 (22 U.S.C. 7814) is amended—
25
10
•S 584 IS
(1) in subsection (b)(1), by striking ‘‘2022’’
1
and inserting ‘‘2028’’; and
2
(2) in subsection (c), by striking ‘‘2022’’ and
3
inserting ‘‘2028’’.
4
(c) REPORT BY SPECIAL ENVOY ON NORTH KOREAN
5
HUMAN RIGHTS ISSUES.—Section 107(d) of the North
6
Korean Human Rights Act of 2004 (22 U.S.C. 7817(d))
7
is amended by striking ‘‘2022’’ and inserting ‘‘2028’’.
8
(d) REPORT ON UNITED STATES HUMANITARIAN AS-
9
SISTANCE.—Section 201(a) of the North Korean Human
10
Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in
11
the matter preceding paragraph (1), by striking ‘‘2022’’
12
and inserting ‘‘2028’’.
13
(e) ASSISTANCE PROVIDED OUTSIDE
OF NORTH
14
KOREA.—Section 203 of the North Korean Human Rights
15
Act of 2004 (22 U.S.C. 7833) is amended—
16
(1) in subsection (b)(2), by striking ‘‘103(15)’’
17
and inserting ‘‘103(17)’’; and
18
(2) in subsection (c)(1), by striking ‘‘2018
19
through 2022’’ and inserting ‘‘2023 through 2028’’.
20
(f) ANNUAL REPORTS.—Section 305(a) of the North
21
Korean Human Rights Act of 2004 (22 U.S.C. 7845(a))
22
is amended, in the matter preceding paragraph (1) by
23
striking ‘‘2022’’ and inserting ‘‘2028’’.
24
11
•S 584 IS
SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMA-
1
TION.
2
Title I of the North Korean Human Rights Act of
3
2004 (22 U.S.C. 7811 et seq.) is amended—
4
(1) in section 103(a), by striking ‘‘Broadcasting
5
Board of Governors’’ and inserting ‘‘United States
6
Agency for Global Media’’; and
7
(2) in section 104(a)—
8
(A) by striking ‘‘Broadcasting Board of
9
Governors’’ each place such term appears and
10
inserting ‘‘United States Agency for Global
11
Media’’;
12
(B) in paragraph (7)(B)—
13
(i) in the matter preceding clause (i),
14
by striking ‘‘5 years’’ and inserting ‘‘10
15
years’’;
16
(ii)
by
redesignating
clauses
(i)
17
through (iii) as clauses (ii) through (iv),
18
respectively;
19
(iii) by inserting before clause (ii) the
20
following:
21
‘‘(i) an update of the plan required
22
under subparagraph (A);’’; and
23
(iv) in clause (iii), as redesignated, by
24
striking ‘‘pursuant to section 403’’ and in-
25
serting ‘‘to carry out this section’’.
26
12
•S 584 IS
SEC. 6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN
1
RIGHTS ISSUES.
2
Section 107 of the North Korean Human Rights Act
3
of 2004 (22 U.S.C. 7817) is amended by adding at the
4
end the following:
5
‘‘(e) REPORT
ON
APPOINTMENT
OF
SPECIAL
6
ENVOY.—Not later than 180 days after the date of the
7
enactment of this subsection and annually thereafter
8
through 2028 if the position of Special Envoy remains va-
9
cant, the Secretary of State shall submit a report to the
10
appropriate congressional committees that describes the
11
efforts being taken to appoint the Special Envoy.’’.
12
SEC. 7. SUPPORT FOR NORTH KOREAN REFUGEES.
13
(a) IN GENERAL.—The Secretary of State and the
14
Secretary of Homeland Security should collaborate with
15
faith-based and Korean-American organizations to resettle
16
North Korean participants in the United States Refugee
17
Admissions Program in areas with existing Korean-Amer-
18
ican communities to mitigate trauma and mental health
19
considerations of refugees, as appropriate.
20
(b) RESETTLEMENT LOCATION ASSISTANCE EDU-
21
CATION.—The Secretary of State shall publicly dissemi-
22
nate guidelines and information relating to resettlement
23
options in the United States or South Korea for eligible
24
North Korean refugees, with a particular focus on mes-
25
saging to North Koreans.
26
13
•S 584 IS
(c) MECHANISMS.—The guidelines and information
1
described in subsection (b)—
2
(1) shall be published on a publicly available
3
website of the Department of State;
4
(2) shall be broadcast into North Korea
5
through radio broadcasting operations funded or
6
supported by the United States Government; and
7
(3) shall be distributed through brochures or
8
electronic storage devices.
9
SEC. 8. AUTHORIZATION OF SANCTIONS FOR FORCED RE-
10
PATRIATION OF NORTH KOREAN REFUGEES.
11
(a)
DISCRETIONARY
DESIGNATIONS.—Section
12
104(b)(1) of the North Korea Sanctions and Policy En-
13
hancement Act of 2016 (22 U.S.C. 9214) is amended—
14
(1) in subparagraph (M), by striking ‘‘or’’ after
15
the semicolon;
16
(2) in subparagraph (N), by striking the period
17
at the end and inserting ‘‘; or’’; and
18
(3) by adding at the end the following:
19
‘‘(O) knowingly, directly or indirectly,
20
forced the repatriation of North Korean refu-
21
gees to North Korea.’’.
22
(b) EXEMPTIONS.—Section 208(a)(1) of the North
23
Korea Sanctions and Policy Enhancement Act of 2016 (22
24
14
•S 584 IS
U.S.C. 9228(a)(1)) is amended by inserting ‘‘, the Repub-
1
lic of Korea, and Japan’’ before the period at the end.
2
SEC. 9.
[Text truncated for display. Full text available on Congress.gov.]