[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4011 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 28, 2004.
    Resolved, That the bill from the House of Representatives (H.R. 
4011) entitled ``An Act to promote human rights and freedom in the 
Democratic People's Republic of Korea, and for other purposes.'', do 
pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Korean Human Rights Act of 
2004''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Purposes.
Sec. 5. Definitions.

          TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

Sec. 101. Sense of Congress regarding negotiations with North Korea.
Sec. 102. Support for human rights and democracy programs.
Sec. 103. Radio broadcasting to North Korea.
Sec. 104. Actions to promote freedom of information.
Sec. 105. United Nations Commission on Human Rights.
Sec. 106. Establishment of regional framework.
Sec. 107. Special Envoy on Human Rights in North Korea.

               TITLE II--ASSISTING NORTH KOREANS IN NEED

Sec. 201. Report on United States humanitarian assistance.
Sec. 202. Assistance provided inside North Korea.
Sec. 203. Assistance provided outside of North Korea.

              TITLE III--PROTECTING NORTH KOREAN REFUGEES

Sec. 301. United States policy toward refugees and defectors.
Sec. 302. Eligibility for refugee or asylum consideration.
Sec. 303. Facilitating submission of applications for admission as a 
                            refugee.
Sec. 304. United Nations High Commissioner for Refugees.
Sec. 305. Annual reports.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) According to the Department of State, the Government of 
        North Korea is ``a dictatorship under the absolute rule of Kim 
        Jong Il'' that continues to commit numerous, serious human 
        rights abuses.
            (2) The Government of North Korea attempts to control all 
        information, artistic expression, academic works, and media 
        activity inside North Korea and strictly curtails freedom of 
        speech and access to foreign broadcasts.
            (3) The Government of North Korea subjects all its citizens 
        to systematic, intensive political and ideological 
        indoctrination in support of the cult of personality glorifying 
        Kim Jong Il and the late Kim Il Sung that approaches the level 
        of a state religion.
            (4) The Government of North Korea divides its population 
        into categories, based on perceived loyalty to the leadership, 
        which determines access to food, employment, higher education, 
        place of residence, medical facilities, and other resources.
            (5) According to the Department of State, ``[t]he [North 
        Korean] Penal Code is [d]raconian, stipulating capital 
        punishment and confiscation of assets for a wide variety of 
        `crimes against the revolution,' including defection, attempted 
        defection, slander of the policies of the Party or State, 
        listening to foreign broadcasts, writing `reactionary' letters, 
        and possessing reactionary printed matter''.
            (6) The Government of North Korea executes political 
        prisoners, opponents of the regime, some repatriated defectors, 
        some members of underground churches, and others, sometimes at 
        public meetings attended by workers, students, and 
        schoolchildren.
            (7) The Government of North Korea holds an estimated 
        200,000 political prisoners in camps that its State Security 
        Agency manages through the use of forced labor, beatings, 
        torture, and executions, and in which many prisoners also die 
        from disease, starvation, and exposure.
            (8) According to eyewitness testimony provided to the 
        United States Congress by North Korean camp survivors, camp 
        inmates have been used as sources of slave labor for the 
        production of export goods, as targets for martial arts 
        practice, and as experimental victims in the testing of 
        chemical and biological poisons.
            (9) According to credible reports, including eyewitness 
        testimony provided to the United States Congress, North Korean 
        Government officials prohibit live births in prison camps, and 
        forced abortion and the killing of newborn babies are standard 
        prison practices.
            (10) According to the Department of State, ``[g]enuine 
        religious freedom does not exist in North Korea'' and, 
        according to the United States Commission on International 
        Religious Freedom, ``[t]he North Korean state severely 
        represses public and private religious activities'' with 
        penalties that reportedly include arrest, imprisonment, 
        torture, and sometimes execution.
            (11) More than 2,000,000 North Koreans are estimated to 
        have died of starvation since the early 1990s because of the 
        failure of the centralized agricultural and public distribution 
        systems operated by the Government of North Korea.
            (12) According to a 2002 United Nations-European Union 
        survey, nearly one out of every ten children in North Korea 
        suffers from acute malnutrition and four out of every ten 
        children in North Korea are chronically malnourished.
            (13) Since 1995, the United States has provided more than 
        2,000,000 tons of humanitarian food assistance to the people of 
        North Korea, primarily through the World Food Program.
            (14) Although United States food assistance has undoubtedly 
        saved many North Korean lives and there have been minor 
        improvements in transparency relating to the distribution of 
        such assistance in North Korea, the Government of North Korea 
        continues to deny the World Food Program forms of access 
        necessary to properly monitor the delivery of food aid, 
        including the ability to conduct random site visits, the use of 
        native Korean-speaking employees, and travel access throughout 
        North Korea.
            (15) The risk of starvation, the threat of persecution, and 
        the lack of freedom and opportunity in North Korea have caused 
        large numbers, perhaps even hundreds of thousands, of North 
        Koreans to flee their homeland, primarily into China.
            (16) North Korean women and girls, particularly those who 
        have fled into China, are at risk of being kidnapped, 
        trafficked, and sexually exploited inside China, where many are 
        sold as brides or concubines, or forced to work as prostitutes.
            (17) The Governments of China and North Korea have been 
        conducting aggressive campaigns to locate North Koreans who are 
        in China without permission and to forcibly return them to 
        North Korea, where they routinely face torture and 
        imprisonment, and sometimes execution.
            (18) Despite China's obligations as a party to the 1951 
        United Nations Convention Relating to the Status of Refugees 
        and the 1967 Protocol Relating to the Status of Refugees, China 
        routinely classifies North Koreans seeking asylum in China as 
        mere ``economic migrants'' and returns them to North Korea 
        without regard to the serious threat of persecution they face 
        upon their return.
            (19) The Government of China does not provide North Koreans 
        whose asylum requests are rejected a right to have the 
        rejection reviewed prior to deportation despite its obligations 
        under the 1951 United Nations Convention Relating to the Status 
        of Refugees and the 1967 Protocol Relating to the Status of 
        Refugees.
            (20) North Koreans who seek asylum while in China are 
        routinely imprisoned and tortured, and in some cases killed, 
        after they are returned to North Korea.
            (21) The Government of China has detained, convicted, and 
        imprisoned foreign aid workers attempting to assist North 
        Korean refugees in proceedings that did not comply with Chinese 
        law or international standards.
            (22) In January 2000, North Korean agents inside China 
        allegedly abducted the Reverend Kim Dong-shik, a United States 
        permanent resident and advocate for North Korean refugees, 
        whose condition and whereabouts remain unknown.
            (23) Between 1994 and 2003, South Korea has admitted 
        approximately 3,800 North Korean refugees for domestic 
        resettlement, a number that is small in comparison with the 
        total number of North Korean escapees but far greater than the 
        number legally admitted in any other country.
            (24) Although the principal responsibility for North Korean 
        refugee resettlement naturally falls to the Government of South 
        Korea, the United States should play a leadership role in 
        focusing international attention on the plight of these 
        refugees, and formulating international solutions to that 
        profound humanitarian dilemma.
            (25) In addition to infringing the rights of its own 
        citizens, the Government of North Korea has been responsible in 
        years past for the abduction of numerous citizens of South 
        Korea and Japan, whose condition and whereabouts remain 
        unknown.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (1) to promote respect for and protection of fundamental 
        human rights in North Korea;
            (2) to promote a more durable humanitarian solution to the 
        plight of North Korean refugees;
            (3) to promote increased monitoring, access, and 
        transparency in the provision of humanitarian assistance inside 
        North Korea;
            (4) to promote the free flow of information into and out of 
        North Korea; and
            (5) to promote progress toward the peaceful reunification 
        of the Korean peninsula under a democratic system of 
        government.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on International Relations of the 
                House of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) China.--The term ``China'' means the People's Republic 
        of China.
            (3) Humanitarian assistance.--The term ``humanitarian 
        assistance'' means assistance to meet humanitarian needs, 
        including needs for food, medicine, medical supplies, clothing, 
        and shelter.
            (4) North korea.--The term ``North Korea'' means the 
        Democratic People's Republic of Korea.
            (5) North koreans.--The term ``North Koreans'' means 
        persons who are citizens or nationals of North Korea.
            (6) South korea.--The term ``South Korea'' means the 
        Republic of Korea.

          TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

SEC. 101. SENSE OF CONGRESS REGARDING NEGOTIATIONS WITH NORTH KOREA.

    It is the sense of Congress that the human rights of North Koreans 
should remain a key element in future negotiations between the United 
States, North Korea, and other concerned parties in Northeast Asia.

SEC. 102. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.

    (a) Support.--The President is authorized to provide grants to 
private, nonprofit organizations to support programs that promote human 
rights, democracy, rule of law, and the development of a market economy 
in North Korea. Such programs may include appropriate educational and 
cultural exchange programs with North Korean participants, to the 
extent not otherwise prohibited by law.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President $2,000,000 for each of the fiscal years 2005 
        through 2008 to carry out this section.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.

SEC. 103. RADIO BROADCASTING TO NORTH KOREA.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should facilitate the unhindered dissemination of information in 
North Korea by increasing its support for radio broadcasting to North 
Korea, and that the Broadcasting Board of Governors should increase 
broadcasts to North Korea from current levels, with a goal of providing 
12-hour-per-day broadcasting to North Korea, including broadcasts by 
Radio Free Asia and Voice of America.
    (b) Report.--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
            (2) outlines a plan for increasing such broadcasts to 12 
        hours per day, including a detailed description of the 
        technical and fiscal requirements necessary to implement the 
        plan.

SEC. 104. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

    (a) Actions.--The President is authorized to take such actions as 
may be necessary to increase the availability of information inside 
North Korea by increasing the availability of sources of information 
not controlled by the Government of North Korea, including sources such 
as radios capable of receiving broadcasting from outside North Korea.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the President $2,000,000 for each of the fiscal years 2005 
        through 2008 to carry out subsection (a).
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, and in each of the 3 years thereafter, the Secretary of 
State, after consultation with the heads of other appropriate Federal 
departments and agencies, shall submit to the appropriate congressional 
committees a report, in classified form, on actions taken pursuant to 
this section.

SEC. 105. UNITED NATIONS COMMISSION ON HUMAN RIGHTS.

    It is the sense of Congress that the United Nations has a 
significant role to play in promoting and improving human rights in 
North Korea, and that--
            (1) the United Nations Commission on Human Rights (UNCHR) 
        has taken positive steps by adopting Resolution 2003/10 and 
        Resolution 2004/13 on the situation of human rights in North 
        Korea, and particularly by requesting the appointment of a 
        Special Rapporteur on the situation of human rights in North 
        Korea; and
            (2) the severe human rights violations within North Korea 
        warrant country-specific attention and reporting by the United 
        Nations Working Group on Arbitrary Detention, the Working Group 
        on Enforced and Involuntary Disappearances, the Special 
        Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, 
        the Special Rapporteur on the Right to Food, the Special 
        Rapporteur on the Promotion and Protection of the Right to 
        Freedom of Opinion and Expression, the Special Rapporteur on 
        Freedom of Religion or Belief, and the Special Rapporteur on 
        Violence Against Women.

SEC. 106. ESTABLISHMENT OF REGIONAL FRAMEWORK.

    (a) Findings.--The Congress finds that human rights initiatives can 
be undertaken on a multilateral basis, such as the Organization for 
Security and Cooperation in Europe (OSCE), which established a regional 
framework for discussing human rights, scientific and educational 
cooperation, and economic and trade issues.
    (b) Sense of Congress.--It is the sense of Congress that the United 
Sates should explore the possibility of a regional human rights 
dialogue with North Korea that is modeled on the Helsinki process, 
engaging all countries in the region in a common commitment to respect 
human rights and fundamental freedoms.

SEC. 107. SPECIAL ENVOY ON HUMAN RIGHTS IN NORTH KOREA.

    (a) Special Envoy.--The President shall appoint a special envoy for 
human rights in North Korea within the Department of State (hereafter 
in this section referred to as the ``Special Envoy''). The Special 
Envoy should be a person of recognized distinction in the field of 
human rights.
    (b) Central Objective.--The central objective of the Special Envoy 
is to coordinate and promote efforts to improve respect for the 
fundamental human rights of the people of North Korea.
    (c) Duties and Responsibilities.--The Special Envoy shall--
            (1) engage in discussions with North Korean officials 
        regarding human rights;
            (2) support international efforts to promote human rights 
        and political freedoms in North Korea, including coordination 
        and dialogue between the United States and the United Nations, 
        the European Union, North Korea, and the other countries in 
        Northeast Asia;
            (3) consult with non-governmental organizations who have 
        attempted to address human rights in North Korea;
            (4) make recommendations regarding the funding of 
        activities authorized in section 102;
            (5) review strategies for improving protection of human 
        rights in North Korea, including technical training and 
        exchange programs; and
            (6) develop an action plan for supporting implementation of 
        the United Nations Commission on Human Rights Resolution 2004/
        13.
    (d) Report on Activities.--Not later than 180 days after the date 
of the enactment of this Act, and annually for the subsequent 5 year-
period, the Special Envoy shall submit to the appropriate congressional 
committees a report on the activities undertaken in the preceding 12 
months under subsection (c).

               TITLE II--ASSISTING NORTH KOREANS IN NEED

SEC. 201. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, and in each of the 2 years thereafter, the 
Administrator of the United States Agency for International 
Development, in conjunction with the Secretary of State, shall submit 
to the appropriate congressional committees a report that describes--
            (1) all activities to provide humanitarian assistance 
        inside North Korea, and to North Koreans outside of North 
        Korea, that receive United States funding;
            (2) any improvements in humanitarian transparency, 
        monitoring, and access inside North Korea during the previous 
        1-year period, including progress toward meeting the conditions 
        identified in paragraphs (1) through (4) of section 202(b); and
            (3) specific efforts to secure improved humanitarian 
        transparency, monitoring, and access inside North Korea made by 
        the United States and United States grantees, including the 
        World Food Program, during the previous 1-year period.
    (b) Form.--The information required by subsection (a)(1) may be 
provided in classified form if necessary.

SEC. 202. ASSISTANCE PROVIDED INSIDE NORTH KOREA.

    (a) Humanitarian Assistance Through Nongovernmental and 
International Organizations.--It is the sense of the Congress that--
            (1) at the same time that Congress supports the provision 
        of humanitarian assistance to the people of North Korea on 
        humanitarian grounds, such assistance also should be provided 
        and monitored so as to minimize the possibility that such 
        assistance could be diverted to political or military use, and 
        to maximize the likelihood that it will reach the most 
        vulnerable North Koreans;
            (2) significant increases above current levels of United 
        States support for humanitarian assistance provided inside 
        North Korea should be conditioned upon substantial improvements 
        in transparency, monitoring, and access to vulnerable 
        populations throughout North Korea; and
            (3) the United States should encourage other countries that 
        provide food and other humanitarian assistance to North Korea 
        to do so through monitored, transparent channels, rather than 
        through direct, bilateral transfers to the Government of North 
        Korea.
    (b) United States Assistance to the Government of North Korea.--It 
is the sense of Congress that--
            (1) United States humanitarian assistance to any 
        department, agency, or entity of the Government of North Korea 
        shall--
                    (A) be delivered, distributed, and monitored 
                according to internationally recognized humanitarian 
                standards;
                    (B) be provided on a needs basis, and not used as a 
                political reward or tool of coercion;
                    (C) reach the intended beneficiaries, who should be 
                informed of the source of the assistance; and
                    (D) be made available to all vulnerable groups in 
                North Korea, no matter where in the country they may be 
                located; and
            (2) United States nonhumanitarian assistance to North Korea 
        shall be contingent on North Korea's substantial progress 
        toward--
                    (A) respect for the basic human rights of the 
                people of North Korea, including freedom of religion;
                    (B) providing for family reunification between 
                North Koreans and their descendants and relatives in 
                the United States;
                    (C) fully disclosing all information regarding 
                citizens of Japan and the Republic of Korea abducted by 
                the Government of North Korea;
                    (D) allowing such abductees, along with their 
                families, complete and genuine freedom to leave North 
                Korea and return to the abductees' original home 
                countries;
                    (E) reforming the North Korean prison and labor 
                camp system, and subjecting such reforms to independent 
                international monitoring; and
                    (F) decriminalizing political expression and 
                activity.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Agency for 
International Development shall submit to the appropriate congressional 
committees a report describing compliance with this section.

SEC. 203. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.

    (a) Assistance.--The President is authorized to provide assistance 
to support organizations or persons that provide humanitarian 
assistance to North Koreans who are outside of North Korea without the 
permission of the Government of North Korea.
    (b) Types of Assistance.--Assistance provided under subsection (a) 
should be used to provide--
            (1) humanitarian assistance to North Korean refugees, 
        defectors, migrants, and orphans outside of North Korea, which 
        may include support for refugee camps or temporary settlements; 
        and
            (2) humanitarian assistance to North Korean women outside 
        of North Korea who are victims of trafficking, as defined in 
        section 103(14) of the Trafficking Victims Protection Act of 
        2000 (22 U.S.C. 7102(14)), or are in danger of being 
        trafficked.
    (c) Authorization of Appropriations.--
            (1) In general.--In addition to funds otherwise available 
        for such purposes, there are authorized to be appropriated to 
        the President $20,000,000 for each of the fiscal years 2005 
        through 2008 to carry out this section.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.

              TITLE III--PROTECTING NORTH KOREAN REFUGEES

SEC. 301. UNITED STATES POLICY TOWARD REFUGEES AND DEFECTORS.

    (a) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
heads of other appropriate Federal departments and agencies, shall 
submit to the appropriate congressional committees and the Committees 
on the Judiciary of the House of Representatives and the Senate a 
report that describes the situation of North Korean refugees and 
explains United States Government policy toward North Korean nationals 
outside of North Korea.
    (b) Contents.--The report shall include--
            (1) an assessment of the circumstances facing North Korean 
        refugees and migrants in hiding, particularly in China, and of 
        the circumstances they face if forcibly returned to North 
        Korea;
            (2) an assessment of whether North Koreans in China have 
        effective access to personnel of the United Nations High 
        Commissioner for Refugees, and of whether the Government of 
        China is fulfilling its obligations under the 1951 Convention 
        Relating to the Status of Refugees, particularly Articles 31, 
        32, and 33 of such Convention;
            (3) an assessment of whether North Koreans presently have 
        unobstructed access to United States refugee and asylum 
        processing, and of United States policy toward North Koreans 
        who may present themselves at United States embassies or 
        consulates and request protection as refugees or asylum seekers 
        and resettlement in the United States;
            (4) the total number of North Koreans who have been 
        admitted into the United States as refugees or asylees in each 
        of the past five years;
            (5) an estimate of the number of North Koreans with family 
        connections to United States citizens; and
            (6) a description of the measures that the Secretary of 
        State is taking to carry out section 303.
    (c) Form.--The information required by paragraphs (1) through (5) 
of subsection (b) shall be provided in unclassified form. All or part 
of the information required by subsection (b)(6) may be provided in 
classified form, if necessary.

SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION.

    (a) Purpose.--The purpose of this section is to clarify that North 
Koreans are not barred from eligibility for refugee status or asylum in 
the United States on account of any legal right to citizenship they may 
enjoy under the Constitution of the Republic of Korea. It is not 
intended in any way to prejudice whatever rights to citizenship North 
Koreans may enjoy under the Constitution of the Republic of Korea, or 
to apply to former North Korean nationals who have availed themselves 
of those rights.
    (b) Treatment of Nationals of North Korea.--For purposes of 
eligibility for refugee status under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157), or for asylum under section 208 of 
such Act (8 U.S.C. 1158), a national of the Democratic People's 
Republic of Korea shall not be considered a national of the Republic of 
Korea.

SEC. 303. FACILITATING SUBMISSION OF APPLICATIONS FOR ADMISSION AS A 
              REFUGEE.

    The Secretary of State shall undertake to facilitate the submission 
of applications under section 207 of the Immigration and Nationality 
Act (8 U.S.C. 1157) by citizens of North Korea seeking protection as 
refugees (as defined in section 101(a)(42) of such Act (8 U.S.C. 
1101(a)(42)).

SEC. 304. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES.

    (a) Actions in China.--It is the sense of Congress that--
            (1) the Government of China has obligated itself to provide 
        the United Nations High Commissioner for Refugees (UNHCR) with 
        unimpeded access to North Koreans inside its borders to enable 
        the UNHCR to determine whether they are refugees and whether 
        they require assistance, pursuant to the 1951 United Nations 
        Convention Relating to the Status of Refugees, the 1967 
        Protocol Relating to the Status of Refugees, and Article III, 
        paragraph 5 of the 1995 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 (referred to in this 
        section as the ``UNHCR Mission Agreement'');
            (2) the United States, other UNHCR donor governments, and 
        UNHCR should persistently and at the highest levels continue to 
        urge the Government of China to abide by its previous 
        commitments to allow UNHCR unimpeded access to North Korean 
        refugees inside China;
            (3) the UNHCR, in order to effectively carry out its 
        mandate to protect refugees, should liberally employ as 
        professionals or Experts on Mission persons with significant 
        experience in humanitarian assistance work among displaced 
        North Koreans in China;
            (4) the UNHCR, in order to effectively carry out its 
        mandate to protect refugees, should liberally contract with 
        appropriate nongovernmental organizations that have a proven 
        record of providing humanitarian assistance to displaced North 
        Koreans in China;
            (5) the UNHCR should pursue a multilateral agreement to 
        adopt an effective ``first asylum'' policy that guarantees safe 
        haven and assistance to North Korean refugees; and
            (6) should the Government of China begin actively 
        fulfilling its obligations toward North Korean refugees, all 
        countries, including the United States, and relevant 
        international organizations should increase levels of 
        humanitarian assistance provided inside China to help defray 
        costs associated with the North Korean refugee presence.
    (b) Arbitration Proceedings.--It is further the sense of Congress 
that--
            (1) if the Government of China continues to refuse to 
        provide the UNHCR with access to North Koreans within its 
        borders, the UNHCR should initiate arbitration proceedings 
        pursuant to Article XVI of the UNHCR Mission Agreement and 
        appoint an arbitrator for the UNHCR; and
            (2) because access to refugees is essential to the UNHCR 
        mandate and to the purpose of a UNHCR branch office, a failure 
        to assert those arbitration rights in present circumstances 
        would constitute a significant abdication by the UNHCR of one 
        of its core responsibilities.

SEC. 305. ANNUAL REPORTS.

    (a) Immigration Information.--Not later than 1 year after the date 
of the enactment of this Act, and every 12 months thereafter for each 
of the following 5 years, the Secretary of State and the Secretary of 
Homeland Security shall submit a joint report to the appropriate 
congressional committees and the Committees on the Judiciary of the 
House of Representatives and the Senate on the operation of this title 
during the previous year, which shall include--
            (1) the number of aliens who are nationals or citizens of 
        North Korea who applied for political asylum and the number who 
        were granted political asylum; and
            (2) the number of aliens who are nationals or citizens of 
        North Korea who applied for refugee status and the number who 
        were granted refugee status.
    (b) Countries of Particular Concern.--The President shall include 
in each annual report on proposed refugee admission pursuant to section 
207(d) of the Immigration and Nationality Act (8 U.S.C. 1157(d)), 
information about specific measures taken to facilitate access to the 
United States refugee program for individuals who have fled countries 
of particular concern for violations of religious freedom, identified 
pursuant to section 402(b) of the International Religious Freedom Act 
of 1998 (22 U.S.C. 6442(b)). The report shall include, for each country 
of particular concern, a description of access of the nationals or 
former habitual residents of that country to a refugee determination on 
the basis of--
            (1) referrals by external agencies to a refugee 
        adjudication;
            (2) groups deemed to be of special humanitarian concern to 
        the United States for purposes of refugee resettlement; and
            (3) family links to the United States.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                               H. R. 4011

_______________________________________________________________________

                               AMENDMENT