Congressional Record, Volume 150 Issue 102 (Wednesday, July 21, 2004)

[Congressional Record Volume 150, Number 102 (Wednesday, July 21, 2004)]
[House]
[Pages H6508-H6515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 1845
NORTH KOREAN HUMAN RIGHTS ACT OF 2004

Mr. LEACH. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4011) to promote human rights and freedom in the Democratic
People's Republic of Korea, and for other purposes, as amended.
The Clerk read as follows:

H.R. 4011

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

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.

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.

[[Page H6509]]

(21) The Government of China has detained, convicted, and
imprisoned foreign aid workers attempting to assist North
Korean refugees, including the Reverend Choi Bong Il, 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 small in comparison with the total
number of North Korean escapees, but far greater than the
number legally admitted by 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.

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.

[[Page H6510]]

(4) humanitarian access to all vulnerable groups in North
Korea is allowed, no matter where in the country they may be
located.
(c) Nonhumanitarian Assistance to the Government of North
Korea.--No department, agency, or entity of the United States
Government may provide nonhumanitarian assistance to any
department, agency, or entity of the Government of North
Korea unless such United States Government department,
agency, or entity certifies in writing to the appropriate
congressional committees that the Government of North Korea
has made substantial progress toward--
(1) respecting and protecting basic human rights, including
freedom of religion, of the people of North Korea;
(2) providing for significant family reunification between
North Koreans and their descendants and relatives in the
United States;
(3) fully disclosing all information regarding citizens of
Japan and the Republic of Korea abducted by the Government of
North Korea;
(4) allowing such abductees, along with their families,
complete and genuine freedom to leave North Korea and return
to the abductees' original home countries;
(5) significantly reforming its prison and labor camp
system, and subjecting such reforms to independent
international monitoring; and
(6) decriminalizing political expression and activity.
(d) Waiver.--The President may waive the prohibition
contained in subsection (b) or (c) if the President
determines that it is in the national security interest of
the United States to do so. Prior to exercising the waiver
authority contained in the preceding sentence, the President
shall transmit to the appropriate congressional committees a
report that contains the determination of the President
pursuant to the preceding sentence and a description of the
assistance to be provided.

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.

[[Page H6511]]

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.

The SPEAKER pro tempore (Mr. Ose). Pursuant to the rule, the
gentleman from Iowa (Mr. Leach) and the gentleman from California (Mr.
Lantos) each will control 20 minutes.
The Chair recognizes the gentleman from Iowa (Mr. Leach).

General Leave

Mr. LEACH. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 4011, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Iowa?
There was no objection.
Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, during the past 2\1/2\ years, the Subcommittee on Asia
and the Pacific has received testimony from a number of North Koreans
who have survived some of the greatest rigors of the human condition.
Their accounts buttress the growing awareness that the people of North
Korea have endured some of the most acute humanitarian traumas of our
time.
Inside North Korea, they suffer at the hands of a totalitarian
dynasty that permits no dissent and strictly curtails freedoms of
speech, press, religion, and assembly. The regime maintains a brutal
system of prison camps that house an estimated 200,000 political
inmates who are subjected to slave labor, torture, and even lethal
chemical experimentation. Since the collapse of the centralized
agricultural system in the 1990s, more than 2 million North Koreans are
estimated to have died of starvation.
North Koreans outside of North Korea are also uniquely vulnerable.
Many thousands are hiding inside China, which currently refuses the
U.N. High Commissioner for Refugees to evaluate and identify genuine
refugees among the North Korean migrant population. China forcibly
returns North Koreans to North Korea, where they routinely face
imprisonment and torture and sometimes execution. Inside China, North
Korean women and girls are particularly vulnerable to trafficking in
sexual exploitation.
Provoked by these crises, this broadly bipartisan legislation aims to
promote international cooperation on human rights and refugee
protection, and increased transparency in the provision of humanitarian
assistance to the people of North Korea.
On the human rights front, this bill underscores the importance of
human rights issues in future negotiations with North Korea. It
authorizes funds for programs to promote human rights, democracy, rule
of law, a market economy, and freedom of information. It also urges
additional North Korea-specific attention by appropriate U.N. human
rights authorities.
On the humanitarian front, the bill authorizes increased funding for
assistance to North Koreans outside of North Korea, including refugees,
orphans, and trafficking victims. It endorses, but also seeks, greater
transparency, for the delivery of U.S. humanitarian aid inside North
Korea. Finally, it would condition direct assistance to the North
Korean government on human rights and transparency benchmarks, but
allows the President to waive those restrictions for national security
purposes.
In terms of refugee protection, the bill requires a formal
clarification of U.S. policy and affirms the eligibility of North
Koreans to seek protection as refugees under U.S. law. It also urges
the U.N. High Commissioner For Refugees to use all available means to
gain access to North Koreans in China. 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
those refugees in formulating international solutions to their profound
humanitarian dilemma.
I want to remove any danger that overseas audiences may misunderstand
the intent or content of this bill. Allow me to state unequivocally,
this legislation is a purely humanitarian endeavor. There are no hidden
agendas. Indeed, the committee of jurisdiction is deeply indebted to
the concerns expressed by thousands of American citizens of Korean
descent who are convinced that for too long the international community
has largely ignored the plight of their brethren in the North.
As explained in the report of the Committee on International
Relations: ``H.R. 4011 is motivated by a genuine desire for
improvements in human rights, refugee protection, and humanitarian
transparency. It is not a pretext for a hidden strategy to provoke
regime collapse or to seek collateral advantage in ongoing strategic
negotiations. While the legislation highlights numerous egregious
abuses, the Congress remains willing to recognize progress in the
future and hopes for such an opportunity.''
Similarly, with regard to China, this bill is not solely critical; it
is also aspirational. It makes clear that the United States and the
international community stand ready to provide more assistance to help
defray the costs associated with the North Korean migrant presence when
China begins fulfilling its obligations as a party to the 1951 U.N.
Refugee Convention. We genuinely hope for that opportunity to arise.
I would like to thank my colleagues for their strong bipartisan
endorsement of this bill. In particular, I would like to express my
gratitude to the staff of the Committee on International Relations and
Committee on the Judiciary, particularly Doug Anderson, for their
expert consideration, and to the House leadership for promptly
scheduling this important legislation.
Our distinguished ranking member, the gentleman from California (Mr.
Lantos); the distinguished ranking member of the subcommittee, the
gentleman from American Samoa (Mr. Faleomavaega); the gentleman from
New York (Mr. Ackerman); and the gentleman from California (Mr. Berman)
of the minority are much appreciated, as is the leadership of the
gentleman from New Jersey (Mr. Smith), the gentleman from California
(Mr. Cox); and the gentleman from California (Mr. Royce) on the
majority side.
Finally I would like to thank Senator Brownback, whose leadership in
the other body has both informed and helped inspire House action on
these issues.
H.R. 4011 is a responsible, creative approach to an ongoing human
tragedy and deserves our unanimous support.
Mr. Speaker, I include for the Record an exchange of letters between
the gentleman from Illinois (Chairman Hyde) and the gentleman from
Wisconsin (Chairman Sensenbrenner) on the bill under discussion.
Committee on International Relations, House of
Representatives,
Washington, DC, July 16, 2004.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, Rayburn House Office
Building, Washington, DC.
Dear Chairman Sensenbrenner: Thank you for your letter
regarding H.R. 4011, the ``North Korean Human Rights Act of
2004,'' which was primarily referred to the Committee on
International Relations and additionally to the Committee on
the Judiciary. This Committee ordered the bill reported
favorably on March 31, 2004, and filed its report (H. Rept.
No. 108-478, Part I) on May 4, 2004.
I concur that the Committee on the Judiciary has
jurisdiction over the immigration provisions contained in
Title III of the bill. I am grateful for the cooperation of
the Committee on the Judiciary in crafting a mutually
agreeable compromise text. Based on these discussions, the
manager's amendment which the Committee will call up under
suspension of the rules will be the text attached to your
letter.
I appreciate your willingness to waive further
consideration of the bill in the Committee on the Judiciary.
I concur that in taking this action your Committee's
jurisdiction over the bill is in no way diminished or
altered. I will, as you request, include this exchange of
letters in the Congressional Record during consideration of
the legislation on the House floor.
I appreciate your cooperation in this matter.
Sincerely,
Henry J. Hyde,
Chairman.

[[Page H6512]]

____
House of Representatives,

Committee on the Judiciary,

Washington, DC, July 15, 2004.
Hon. Henry Hyde,
Chairman, Committee on International Relations, House of
Representatives, Washington, DC.
Dear Chairman Hyde: I am writing regarding H.R. 4011, the
``North Korean Human Rights Act of 2004'' which was referred
primarily to the Committee on International Relations and
additionally to the Committee on the Judiciary. The Committee
on International Relations reported the bill favorably on May
4, 2004. H. Rept. No. 108-478, Part I. The Committee on the
Judiciary's secondary referral is currently scheduled to
expire on July 16, 2004.
I had significant concerns about the immigration provisions
contained in Title III on the bill as introduced which fall
within the Rule X jurisdiction of the Committee on the
Judiciary. My staff has had discussions with yours, and they
have reached a mutually agreeable compromise to resolve these
concerns. A copy of the compromise language is attached. I
understand that through staff discussions you have indicated
your willingness to take the bill to the floor under
suspension of the rules and use the attached compromise
language as the manager's amendment when you do so.
Based on your agreement to follow this course, I agree to
waive further consideration of the bill in the Committee on
the Judiciary so that the bill may proceed to the floor. The
Committee on the Judiciary takes this action with the
understanding that the Committee's jurisdiction over the bill
is in no way diminished or altered. I would appreciate your
including this letter and your response in the Congressional
Record during consideration of the legislation on the House
floor.
I appreciate your cooperation in this matter.
Sincerely,
F. James Sensenbrenner, Jr.,
Chairman.

H.R. 4011

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

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

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. 3. FINDINGS.

[[Page H6513]]

(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.

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.

TITLE II--ASSISTING NORTH KOREANS IN NEED

SEC. 201. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.

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) Humanitarian Assistance to the Government of North
Korea.--No department, agency, or entity of the United States
Government may provide humanitarian assistance to any
department, agency, or entity of the Government of North
Korea unless such United States Government department,
agency, or entity certifies in writing to the appropriate
congressional committees that the Government of North Korea
has taken steps to ensure that--
(1) such assistance is delivered, distributed, and
monitored according to internationally recognized
humanitarian standards;
(2) such assistance is provided on a needs basis, and is
not used as a political reward or tool of coercion;
(3) such assistance reaches the intended beneficiaries, who
are informed of the source of the assistance; and
(4) humanitarian access to all vulnerable groups in North
Korea is allowed, no matter where in the country they may be
located.
(c) Nonhumanitarian Assistance to the Government of North
Korea.--No department, agency, or entity of the United States
Government may provide nonhumanitarian assistance to any
department, agency, or entity of the Government of North
Korea unless such United States Government department,
agency, or entity certifies in writing to the appropriate
congressional committees that the Government of North Korea
has made substantial progress toward--
(1) respecting and protecting basic human rights, including
freedom of religion, of the people of North Korea;
(2) providing for significant family reunification between
North Koreans and their descendants and relatives in the
United States;
(3) fully disclosing all information regarding citizens of
Japan and the Republic of Korea abducted by the Government of
North Korea;
(4) allowing such abductees, along with their families,
complete and genuine freedom

[[Page H6514]]

to leave North Korea and return to the abductees' original
home countries;
(5) significantly reforming its prison and labor camp
system, and subjecting such reforms to independent
international monitoring; and
(6) decriminalizing political expression and activity.
(d) Waiver.--The President may waive the prohibition
contained in subsection (b) or (c) if the President
determines that it is in the national security interest of
the United States to do so. Prior to exercising the waiver
authority contained in the preceding sentence, the President
shall transmit to the appropriate congressional committees a
report that contains the determination of the President
pursuant to the preceding sentence and a description of the
assistance to be provided.

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.

(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.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I strongly support this legislation. I urge all of my
colleagues to do so as well.
I would first like to commend my dear friend and distinguished
colleague, the gentleman from Iowa (Mr.

[[Page H6515]]

Leach), for his introduction of the North Korean Human Rights Act; and
I want to thank my good friend, the gentleman from American Samoa (Mr.
Faleomavaega), for his hard work on this bill as well.
Mr. Speaker, United States policy towards North Korea has been an
important item on the foreign policy agenda for over a decade,
stretching through both the Clinton and the Bush administrations. Given
the threat to the United States and to our key allies posed by North
Korea's pursuit of weapons of mass destruction, the focus of our
diplomatic resources has correctly been on ending the destabilizing
nuclear and missile programs of North Korea.
While it is inevitable that security matters will remain at the heart
of our dialogue regarding North Korea, I am very much concerned that
the United States has paid insufficient attention to the human rights
situation in the North and the humanitarian consequences of the
horrendous misrule by North Korea's leadership.
Mr. Speaker, the legislation before the House is designed to correct
this imbalance. The North Korean Human Rights Act will ensure that the
United States does not fail to tackle North Korea's appalling human
rights record as we attempt to resolve our differences with the North.
As we know all too well, the human rights situation in North Korea is
one of the world's worst. Over a decade, a vast number of North Korean
citizens starved to death because of their government's gross
incompetence, while the North Korean leadership dined on sushi flown in
fresh from Japan. Hundreds of thousands of citizens languish in brutal
North Korean gulags with no hope of release.
The political system itself is Stalinist to the core. No elections.
No freedom of the press. No freedom of assembly. No words of dissent.
No criticism of the government or of North Korean leader Kim Jong Il.
In short, Mr. Speaker, the North Korean people have no hope of
changing their government unless the international community stands up
for human rights and democracy in the North and continues to push the
North aggressively for change.
The misrule in the North has also created a significant refugee
situation in Northeastern China. Hundreds of thousands of North Koreans
have fled to China in hopes of gaining their freedom. The Chinese
Government has refused to treat these North Koreans as refugees, and
many have been pushed back over the border to a most uncertain fate.
It is critically important that the U.N. High Commissioner for
Refugees have access to this floating population, and that North Korean
refugees be treated appropriately.
Mr. Speaker, the legislation before us tackles all of these important
subjects. It will direct that human rights remain on the negotiating
table with the North. It demands better accountability for
international food aid to North Korea. It encourages a solution on the
North Korean refugee issue in China. And it attempts to increase
American broadcasting into North Korea.
This bill is exceptionally well researched and well-crafted, and I
strongly support its passage.
Mr. Speaker, I yield back the balance of my time.
Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, briefly, in conclusion, let me just stress that the
circumstances in North Korea have provoked one of the great
humanitarian tragedies of our time. It is understandable that there are
so many refugees, understandable that so many people have voted with
their feet to seek greater opportunity in neighboring countries like
China, like Mongolia.
But this Congress is simply trying, in a humanitarian way, to deal
with that circumstance. We are not trying to express any geopolitical
strategy, other than to help people that need our assistance.
Beyond that, I would say that there is strong bipartisan support, I
think I can say that, for the administration trying to work as
carefully as possible on the geostrategic issues in the six-party
context, but this bill is about humanitarian issues and nothing else.
Mr. Speaker, I urge this Congress to take a unanimous vote on this
subject.
Mr. ROYCE. Mr. Speaker, I rise in support of H.R. 4011, the North
Korea Human Rights Act, of which I am an original cosponsor.
The human rights conditions in North Korea are abysmal. As we know,
the North Korean regime apportions and withholds resources based on
perceived citizen loyalty to the regime. From 1994 to 1998 at least two
million North Koreans perished from starvation and related diseases,
while nearly 50 percent of all North Korean children are malnourished
to the point that it threatens their physical and mental health.
This dire situation has forced many North Koreans to risk life and
limb to flee into China. As many as 300,000 North Korean refugees are
hiding in the Chinese countryside. Chinese authorities continue an
agreessive crackdown--actively hunting down North Korean refugees and
forcibly repatriating them to North Korea. Once returned to North
Korea, they fact torture, imprisonment, and even execution.
The International Relations Subcommittee on Asia has held hearings on
North Korea's human rights abuses, where we have heard testimony from
North Korean defectors. Ms. Lee, a former North Korean party official,
described life in a North Korean gulag. She said, ``A prisoner has no
right to talk, laugh, sing or look in a mirror. Prisoners must kneel
down on the ground and keep their heads down deeply whenever called by
a guard. They can say nothing except to answer questions when asked.
Prisoners have to work as slaves for up to 18 hours a day. Repeated
failure to meet the work quotas means a week's time in a punishment
cell. A prisoner must give up their human worth.'' She also told us,
with the help of simple--yet shocking--illustrations, about chemical
weapons tests and other atrocities that she witnessed which were
performed on prisoners.
Unfortunately, this grim reality has been glossed over. This bill is
an important statement as to how the United States Congress views the
situation in North Korea. It is also the moral policy given the
horrendous human rights condition north of the border.
In order to ensure his survival, Kim Jong Il tries to keep an iron
grip on all information in North Korea. Control of information is
absolutely crucial--because the system is based on lies. The propaganda
is so great, that defectors actually report that they believed that
their impoverished country was wealthier than South Korea. U.S. backed
Radio Free Asia is countering this propaganda, bringing objective news
to the North Korean people. Surveys indicate that North Korean
defectors are listening to RFA's broadcasts.
That is why this bill calls for the increase of radio broadcasts into
North Korea to twelve hours per day. And because of the problem of
access to suitable radios in North Korea, the legislation requests a
report detailing the steps the U.S. government is taking to increase
the availability of information inside North Korea--including the
provision of radios--to maximize North Koreans access to foreign
broadcasts like Radio Free Asia.
Whatever one's views on how to handle the North Korea challenge, I
believe that there is a strong consensus to bring about change in North
Korea. Mr. Speaker, as you know, the concept here is to do as we did
with Eastern Europe--flooding repressed people with broadcasts from
Radio Free Europe. When we talk with Lech Walesa and Vaclav Havel, they
tell us that the biggest factor in changing attitudes behind the Iron
Curtain was the ability to listen to Radio Free Europe's broadcasts.
This legislation is a responsible initiative to promote human rights,
refugee protection, and increased transparency in the delivery of
humanitarian aid to the North Korean people. It deserves our support.
Mr. LEACH. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Iowa (Mr. Leach) that the House suspend the rules and
pass the bill, H.R. 4011, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

____________________