Public Law 115–198: To reauthorize the North Korean Human Rights Act of 2004, and for other purposes.

North Korean Human Rights Reauthorization Act of 2017

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.

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)).

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.

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.132 STAT. 1520

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.

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.

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”.

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).

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;

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;

because North Koreans fleeing into China face a well-founded fear of persecution upon their forcible repatriation, the United States should urge China to—

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;

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;

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

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.

is amended

by “that the United States should facilitate” and the following: ;

in paragraph (1), as redesignated by paragraph (1) of this section—

by at the end the following:.

is amended

by “The President” and the following:;132 STAT. 1522

by “, 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

by at the end the following:.

is amended

adding

Section 102 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) —

Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) —

(1)

Section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) by “2017” and “2022”.

Section 201 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831 —132 STAT. 1524

Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) by “2013 through 2017” and “2018 through 2022”.

Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) , in the matter preceding paragraph (1) by “2017” and “2022”.

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—

The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.

In this section, the term “” means—

repealed