North Korean Human Rights Reauthorization Act of 2023

IIB 118TH CONGRESS 2D SESSION H. R. 3012 IN THE SENATE OF THE UNITED STATES NOVEMBER 21, 2024 Received; read twice and referred to the Committee on Foreign Relations 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 2 HR 3012 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘North Korean Human 2 Rights Reauthorization Act of 2023’’. 3 SEC. 2. FINDINGS. 4 Congress makes the following findings: 5 (1) The North Korean Human Rights Act of 6 2004 (Public Law 108–333; 22 U.S.C. 7801 et seq.) 7 and subsequent reauthorizations of such Act aimed 8 to promote the protection of human rights, docu- 9 mentation of human rights violations, transparency 10 in the delivery of humanitarian assistance, and the 11 importance of refugee protection. 12 (2) According to the State Department’s 2023 13 Country Reports on Human Rights Practices, there 14 are ‘‘widespread reports of political prisoners and 15 detainees. . . most external estimates were between 16 80,000 and 120,000; some NGOs placed the figure 17 as high as 200,000.’’ 18 (3) North Korea continues to hold a number of 19 South Koreans and Japanese abducted after the 20 signing of the Agreement Concerning a Military Ar- 21 mistice in Korea, signed at Panmunjom July 27, 22 1953 (commonly referred to as the ‘‘Korean War 23 Armistice Agreement’’) and refuses to acknowledge 24 the abduction of more than 100,000 South Koreans 25 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 3 HR 3012 RFS during the Korean War in violation of the Geneva 1 Convention. 2 (4) According to the State Department’s 2023 3 Country Reports on Human Rights Practices, there 4 are significant human rights violations in North 5 Korea, which include ‘‘arbitrary or unlawful killings, 6 including extrajudicial killings; enforced disappear- 7 ance; torture or cruel, inhuman, or degrading treat- 8 ment;. . . and extensive gender based-violence.’’ 9 (5) The effects of the COVID–19 pandemic and 10 North Korea’s strict lockdown of its borders and 11 crackdowns on informal market activities and small 12 entrepreneurship have drastically increased food in- 13 security for its people and given rise to famine con- 14 ditions in parts of the country. 15 (6) North Korea’s COVID–19 border lockdown 16 measures also include shoot-to-kill orders that have 17 resulted in the killing of— 18 (A) North Koreans attempting to cross the 19 border; and 20 (B) at least 1 South Korean official in 21 September 2020. 22 (7) The Government of the People’s Republic of 23 China is aiding and abetting North Korea’s human 24 rights violations by forcibly repatriating North Ko- 25 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 4 HR 3012 RFS rean refugees to North Korea where they are sent to 1 prison camps, harshly interrogated, and tortured or 2 executed. 3 (8) The forcible repatriation of North Korean 4 refugees violates the People’s Republic of China’s 5 freely undertaken obligation to uphold the principle 6 of non-refoulement, as a state party to the the Con- 7 vention Relating to the Status of Refugees, done at 8 Geneva July 28, 1951 (and made applicable by the 9 Protocol Relating to the Status of Refugees, done at 10 New York January 31, 1967 (19 UST 6223)). 11 (9) North Korea continues to deny freedom of 12 religion and persecute religious minorities, especially 13 Christians and followers of Shaminism. Eyewitnesses 14 report that Christians in North Korea have been tor- 15 tured, forcibly detained, and even executed for pos- 16 sessing a Bible or professing Christianity. 17 (10) The position of Special Envoy on North 18 Korean Human Rights Issues was vacant from Jan- 19 uary 2017 to December 2022, even though the 20 President is required to appoint a Senate-confirmed 21 Special Envoy to fill this position in accordance with 22 section 107 of the North Korean Human Rights Act 23 of 2004 (22 U.S.C. 7817). In January 2023 Presi- 24 dent Biden nominated Julie Turner as Special 25 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 5 HR 3012 RFS Envoy on North Korean Human Rights and Issues 1 She was confirmed in July 2023. 2 SEC. 3. SENSE OF CONGRESS. 3 It is the sense of Congress that— 4 (1) The human rights and humanitarian condi- 5 tions within North Korea remain deplorable and 6 have been intentionally perpetuated against the peo- 7 ple of North Korea through policies endorsed and 8 implemented by Kim Jong-un and the Government 9 of North Korea. 10 (2) promoting information access in North 11 Korea continues to be a successful method of coun- 12 tering DPRK propaganda and the United States 13 Government should continue to support nongovern- 14 mental radio broadcasting to North Korea and pro- 15 mote other emerging methods in this space; 16 (3) because refugees among North Koreans 17 fleeing into the People’s Republic of China face se- 18 vere punishments upon their forcible return, the 19 United States should urge the Government of the 20 People’s Republic of China— 21 (A) to immediately halt its forcible repatri- 22 ation of North Koreans; 23 (B) to allow the United Nations High 24 Commissioner for Refugees (referred to in this 25 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 6 HR 3012 RFS section as ‘‘UNHCR’’) unimpeded access to 1 North Koreans within China to determine 2 whether they are refugees and require assist- 3 ance; 4 (C) to fulfill its obligations as a state party 5 to the Convention Relating to the Status of 6 Refugees, done at Geneva July 28, 1951 (and 7 made applicable by the Protocol Relating to the 8 Status of Refugees, done at New York January 9 31, 1967 (19 UST 6223) and the Agreement 10 on the upgrading of the UNHCR Mission in the 11 People’s Republic of China to UNHCR branch 12 office in the People’s Republic of China, done 13 at Geneva December 1, 1995; 14 (D) to address the concerns of the United 15 Nations Committee Against Torture by incor- 16 porating into domestic legislation the principle 17 of non-refoulement; and 18 (E) to recognize the legal status of North 19 Korean women who marry or have children with 20 Chinese citizens and ensure that all such moth- 21 ers and children are granted resident status 22 and access to education and other public serv- 23 ices in accordance with Chinese law and inter- 24 national standards; 25 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 7 HR 3012 RFS (4) the United States should continue to pro- 1 mote the effective and transparent delivery and dis- 2 tribution of any humanitarian aid provided in North 3 Korea to ensure that such aid reaches its intended 4 recipients to the point of consumption or utilization 5 by cooperating closely with the Government of the 6 Republic of Korea and international and nongovern- 7 mental organizations; 8 (5) the United States currently blocks United 9 States passports from being used to travel to North 10 Korea without a special validation from the Depart- 11 ment of State, and the Department of State should 12 continue to take steps to increase public awareness 13 about the risks and dangers of travel by United 14 States citizens to North Korea; 15 (6) the United Nations has a significant role to 16 play in promoting and improving human rights in 17 North Korea and should press for access for the 18 Special Rapporteur on the situation of human rights 19 in North Korea, as well as for the United Nations 20 High Commissioner for Human Rights; 21 (7) North Korea should repeal the Reactionary 22 Thought and Culture Denunciation Law and other 23 draconian laws, regulations, and decrees that mani- 24 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 8 HR 3012 RFS festly violate the freedom of opinion and expression 1 and the freedom of thought, conscience, and religion; 2 (8) the United States should expand the Re- 3 wards for Justice program to be open to North Ko- 4 rean officials who can provide evidence of crimes 5 against humanity being committed by North Korean 6 officials; 7 (9) the United States should continue to seek 8 cooperation from all foreign governments— 9 (A) to allow the UNHCR access to process 10 North Korean refugees overseas for resettle- 11 ment; and 12 (B) to allow United States officials access 13 to process refugees for possible resettlement in 14 the United States; and 15 (10) the Secretary of State, through diplomacy 16 by senior officials, including United States ambas- 17 sadors to Asia-Pacific countries, and in close co- 18 operation with South Korea, should make every ef- 19 fort to promote the protection of North Korean refu- 20 gees, escapees, and defectors. 21 SEC. 4. REAUTHORIZATIONS. 22 (a) SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY 23 PROGRAMS.—Section 102(b)(1) of the North Korean 24 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 9 HR 3012 RFS Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is 1 amended by striking ‘‘2022’’ and inserting ‘‘2028’’. 2 (b) ACTIONS TO PROMOTE FREEDOM OF INFORMA- 3 TION.—Section 104 of the North Korean Human Rights 4 Act of 2004 (22 U.S.C. 7814) is amended— 5 (1) in subsection (b)(1), by striking ‘‘2022’’ 6 and inserting ‘‘2028’’; and 7 (2) in subsection (c), by striking ‘‘2022’’ and 8 inserting ‘‘2028’’. 9 (c) REPORT BY SPECIAL ENVOY ON NORTH KOREAN 10 HUMAN RIGHTS ISSUES.—Section 107(d) of the North 11 Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) 12 is amended by striking ‘‘2022’’ and inserting ‘‘2028’’. 13 (d) REPORT ON UNITED STATES HUMANITARIAN AS- 14 SISTANCE.—Section 201(a) of the North Korean Human 15 Rights Act of 2004 (22 U.S.C. 7831(a)) is amended, in 16 the matter preceding paragraph (1), by striking ‘‘2022’’ 17 and inserting ‘‘2028’’. 18 (e) ASSISTANCE PROVIDED OUTSIDE OF NORTH 19 KOREA.—Section 203 of the North Korean Human Rights 20 Act of 2004 (22 U.S.C. 7833) is amended— 21 (1) in subsection (b)(2), by striking ‘‘103(15)’’ 22 and inserting ‘‘103(17)’’; and 23 (2) in subsection (c)(1), by striking ‘‘2018 24 through 2022’’ and inserting ‘‘2024 through 2028’’. 25 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 10 HR 3012 RFS (f) ANNUAL REPORTS.—Section 305(a) of the North 1 Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) 2 is amended, in the matter preceding paragraph (1) by 3 striking ‘‘2022’’ and inserting ‘‘2028’’. 4 SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMA- 5 TION. 6 Title I of the North Korean Human Rights Act of 7 2004 (22 U.S.C. 7811 et seq.) is amended— 8 (1) in section 103(a), by striking ‘‘Broadcasting 9 Board of Governors’’ and inserting ‘‘United States 10 Agency for Global Media’’; and 11 (2) in section 104(a)— 12 (A) by striking ‘‘Broadcasting Board of 13 Governors’’ each place such term appears and 14 inserting ‘‘United States Agency for Global 15 Media’’; 16 (B) in paragraph (7)(B)— 17 (i) by redesignating clauses (i) 18 through (iii) as clauses (ii) through (iv), 19 respectively; 20 (ii) by inserting before clause (ii), as 21 so redesignated the following: 22 ‘‘(i) an update of the plan required 23 under subparagraph (A);’’; and 24 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 11 HR 3012 RFS (iv) in clause (iii), as so redesignated, 1 by striking ‘‘pursuant to section 403’’ and 2 inserting ‘‘to carry out this section’’. 3 SEC. 6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN 4 RIGHTS ISSUES. 5 Section 107 of the North Korean Human Rights Act 6 of 2004 (22 U.S.C. 7817) is amended by adding at the 7 end the following: 8 ‘‘(e) REPORT ON APPOINTMENT OF SPECIAL 9 ENVOY.—If the position of Special Envoy will remain va- 10 cant for 1 year or longer without any presidential nomina- 11 tion to appoint a new Special Envoy, not later than 90 12 days before the date on which such position becomes va- 13 cant for 1 year, the Secretary of State shall submit to 14 the appropriate congressional committees a report that de- 15 scribes the efforts being taken to appoint a new Special 16 Envoy.’’. 17 SEC. 7. SENSE OF CONGRESS REGARDING KOREAN AMER- 18 ICAN DIVIDED FAMILIES. 19 It is the sense of Congress— 20 (1) the United States and North Korea should 21 begin the process of reuniting Korean-American di- 22 vided family members with their immediate relatives 23 through ways such as— 24 VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS 12 HR 3012 RFS (A) identifying divided families in the 1 United States and North Korea who are willing 2 and able to participate in a pilot program for 3 family reunions; 4 (B) finding matches for members of such 5 families through organizations such as the Red 6 Cross; and 7 (C) working with the Government of South 8 Korea to include American citizens in inter-Ko- 9 rean video reunions; 10 (2) the institution of family is inalienable and 11 the restoration of contact between divided families 12 whether physically, literarily, or virtually is an ur- 13 gent need; and 14 (3) the United States and North Korea should 15 pursue reunions as a humanitarian priority of imme- 16 diate concern. 17 Passed the House of Representatives November 20, 2024. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 00:49 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3012.RFS H3012 ssavage on LAPJG3WLY3PROD with BILLS