[Congressional Record (Bound Edition), Volume 150 (2004), Part 12]
[House]
[Pages 16889-16897]
[From the U.S. 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.

[[Page 16890]]

       (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, 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.

       (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

[[Page 16891]]

     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 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

[[Page 16892]]

     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.

  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

[[Page 16893]]

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.
                                  ____

                                         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

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

[[Page 16894]]

     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, 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, 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 Rap-
     porteur on Extrajudicial, Summary, or Arbitrary Executions, 
     the Special Rap-
     porteur 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.

       (a) Humanitarian Assistance Through Nongovernmental and 
     International Organizations.--It is the sense of the Congress 
     that--

[[Page 16895]]

       (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 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

[[Page 16896]]

     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.

  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. 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,

[[Page 16897]]

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.

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