[115th Congress Public Law 198]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 1519]]
Public Law 115-198
115th Congress
An Act
To reauthorize the North Korean Human Rights Act of 2004, and for other
purposes. <<NOTE: July 20, 2018 - [H.R. 2061]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: North Korean
Human Rights Reauthorization Act of 2017. 22 USC 7801 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korean Human Rights
Reauthorization Act of 2017''.
SEC. 2. <<NOTE: 22 USC 7801 note.>> 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 132 STAT. 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 132 STAT. 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 132 STAT. 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) <<NOTE: President. Grants.>> 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) <<NOTE: Regulations.>> . To carry out this paragraph, the
President is authorized to issue regulations to facilitate the
free-flow of information into North Korea.
``(3) <<NOTE: President.>> 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) <<NOTE: Consultation.>> Broadcasting report.--Not
later than--
``(A) <<NOTE: Plan.>> 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) <<NOTE: Time period.>> 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 132 STAT. 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. <<NOTE: 22 USC 7846.>> 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) <<NOTE: President. Grants.>> 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 132 STAT. 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) <<NOTE: Strategy.>> 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) <<NOTE: Definition.>> 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 132 STAT. 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.
<all>