[Congressional Record Volume 154, Number 150 (Monday, September 22, 2008)]
[Senate]
[Pages S9218-S9219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NORTH KOREAN HUMAN RIGHTS ACT

  Mr. REID. Mr. President, I ask unanimous consent that the committee 
on Foreign Relations be discharged from further consideration of H.R. 
5834, and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 5834) to amend the North Korean Human Rights 
     Act of 2004 to promote respect for fundamental human rights 
     of the people of North Korea, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.

[[Page S9219]]

  Mr. BIDEN. Mr. President, I am pleased that the Senate is considering 
H.R. 5834, a bill to reauthorize the North Korea Human Rights Act. The 
act underscores U.S. concern about the poor human rights conditions 
inside North Korea and the difficulties faced by thousands of North 
Koreans who have fled the country and become refugees. I support this 
bill because I believe our Government's approach to North Korean human 
rights and refugee issues must be seamlessly integrated into a coherent 
strategy that promotes regional peace and stability, advances core U.S. 
national security interests by verifiably eliminating North Korea's 
pursuit of nuclear weapons, and step by step encourages North Korea to 
adhere to international norms in the areas of human rights, security, 
and trade.
  It is essential that the United States reach out and begin a dialogue 
with North Korea on issues related to basic human rights. Four years 
ago, I was proud to work with my colleague, Senator Brownback of 
Kansas, on an amendment to the North Korean Human Rights Act that 
created within the Department of State a Special Envoy for Human Rights 
in North Korea. In reauthorizing the act, the Congress expresses its 
intent that the envoy should be a full-time employee, and Congress 
elevates the post to the rank of ambassador, subject to the advice and 
consent of the Senate. The incumbent special envoy has pursued his 
duties part-time while residing outside of Washington, making 
coordination with the Department more difficult and limiting the 
overall effectiveness of his diplomatic efforts. By expressing the 
sense of the Congress that the new ambassador should be a full-time 
position, the Congress does not preclude the possibility that the 
President may find it desirable to nominate as ambassador an individual 
who already has other duties closely related to those to be pursued by 
the Ambassador for North Korean Human Rights Issues. Indeed, such dual 
assignments are not uncommon within the State Department.
  The bill acknowledges that the new Ambassador for North Korean Human 
Rights Issues should be able to participate in policy planning and 
implementation with respect to refugee issues, particularly given the 
fact that returning refugees are among those most likely to be 
persecuted by North Korean authorities. But it is my expectation that 
the State Department's Bureau of Population, Refugees, and Migration 
(PRM) will continue to play the leading role on North Korean refugee 
issues, engaging with China and other nations to ensure humane 
treatment in accordance with international norms. PRM has the staffing, 
expertise, congressional authorization, and experience needed to 
spearhead U.S. efforts in this area, and they should continue to do so.
  The new Ambassador for North Korean Human Rights Issues will have to 
approach the job with quiet determination and considerable patience. 
Discussing human rights issues with North Korean authorities will not 
be easy, and the new ambassador will need to have both excellent 
diplomatic skills and a deep understanding of East Asia and the 
particular circumstances on the Korean Peninsula. Change will not come 
easily, and is more likely to flow from dialogue and engagement than 
from bombast and condemnation.
  There are many issues on the table, ranging from family reunification 
visits for the thousands of Korean-Americans with relatives in the 
north, to ending the persecution of people of faith inside North Korea. 
Other humanitarian issues may also enter the mix, including food 
security and public health. It is my hope that the new ambassador will 
work with our treaty ally, South Korea, and with other countries 
neighboring North Korea to craft an approach to human rights issues 
that can, step by step, see an improvement in the lives of average 
North Koreans and compassionate care for those who have fled the 
country. In this effort, the ambassador may find it useful to draw 
appropriate lessons from the Helsinki process in Europe, but ultimately 
the approach will have to be one that is specifically tailored to the 
North Korean situation.
  As Congress passes this legislation, we must not lose sight of the 
fact that members of the Bush administration are toiling to convince 
North Korea to resume the disablement of its nuclear facilities and to 
agree to a verification mechanism for its nuclear declaration. These 
efforts are of vital importance. It is regrettable that progress has 
been derailed over a dispute about sanctions relief and the 
verification protocol. North Korea should understand that if Pyongyang 
honors its commitments, we stand ready to honor ours. On the basis of 
action-for-action, I hope the United States and North Korea, along with 
other members of the Six Party Talks, will work to accomplish the 
denuclearization of the Korean Peninsula and the full integration of 
North Korea into the community of nations. In exchange for the complete 
and verifiable elimination of its nuclear weapons programs, North Korea 
stands to receive energy assistance, sanctions relief, and security 
assurances from the United States and other members of the Six Party 
Talks. I look forward to the day when North Korea is truly at peace 
with its neighbors and enjoys normal relations with the United States. 
It is a future that is within North Korea's grasp if it abandons its 
pursuit of nuclear weapons.
  Mr. REID. Mr. President, I ask unanimous consent that the amendment 
at the desk be agreed to, the bill, as amended, be read the third time 
and passed, the motion to reconsider laid upon the table, with no 
intervening action or debate, and that any statements relating to this 
measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5632) was agreed to, as follows:

     (Purpose: To make certain technical and clarifying amendments)

       On page 3, beginning on line 4, strike the comma and all 
     that follows to the end period and insert the following: 
     ``and has increased the bounty paid for turning in North 
     Korean refugees''.
       On page 3, beginning on line 11, strike ``including'' and 
     all that follows through ``killings'' on line 17.
       On page 4, line 4, strike ``On February'', and insert the 
     following: ``Since the passage of the North Korean Human 
     Rights Act, Congress has on several occasions expressed 
     interest in the status of North Korean refugees, and on 
     February''.
       On page 4, line 19, strike ``at overseas posts''.
       On page 5, line 10, after ``should'', insert ``continue 
     to''.
       On page 6, line 3, strike ``rights, humanitarian, and 
     refugee issues,'' and insert the following: ``rights and 
     humanitarian issues, and to participate in policy planning 
     and implementation with respect to refugee issues,''.
       On page 7, line 20, strike ``$4,000,000'' and insert 
     ``$2,000,000''.
       On page 9, line 13, after ``including'', insert the 
     following: ``, in coordination with the Bureau of Population, 
     Refugees, and Migration,''.
       On page 9, line 21, strike ``coordinate'' and insert 
     ``participate in the formulation and''.
       On page 11, line 13, strike ``paragraphs'' and insert 
     ``paragraph''.
       On page 11, strike line 14 and all that follows through 
     line 19.
       On page 11, line 20, strike ``(4)'' and insert ``(3)''.
       On page 12, lines 3 and 4, strike ``may be provided in a 
     classified format, if necessary'' and insert the following: 
     ``shall be provided in unclassified form, with a classified 
     annex, if necessary''.

  The amendment was ordered to be engrossed and the bill be read a 
third time.
  The bill (H.R. 5834), as amended, was read the third time, and 
passed.

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