[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2061 Enrolled Bill (ENR)]
H.R.2061
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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,

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This Act may be cited as the ``North Korean Human Rights
Reauthorization Act of 2017''.

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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.
(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).

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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);
(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.

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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.''.

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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'';
(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--
``(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.''.

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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.''.

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(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--
(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''.

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(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.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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North Korean Human Rights Reauthorization Act of 2017 — HR. 2061

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