[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[House]
[Pages 20599-20604]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 NORTH KOREAN HUMAN RIGHTS ACT OF 2004

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

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

          TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

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

               TITLE II--ASSISTING NORTH KOREANS IN NEED

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

              TITLE III--PROTECTING NORTH KOREAN REFUGEES

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

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) According to the Department of State, the Government of 
     North Korea is ``a dictatorship under the absolute rule of 
     Kim Jong Il'' that continues to commit numerous, serious 
     human rights abuses.
       (2) The Government of North Korea attempts to control all 
     information, artistic expression, academic works, and media 
     activity inside North Korea and strictly curtails freedom of 
     speech and access to foreign broadcasts.
       (3) The Government of North Korea subjects all its citizens 
     to systematic, intensive political and ideological 
     indoctrination in support of the cult of personality 
     glorifying Kim Jong Il and the late Kim Il Sung that 
     approaches the level of a state religion.
       (4) The Government of North Korea divides its population 
     into categories, based on perceived loyalty to the 
     leadership, which determines access to food, employment, 
     higher education, place of residence, medical facilities, and 
     other resources.
       (5) According to the Department of State, ``[t]he [North 
     Korean] Penal Code is [d]raconian, stipulating capital 
     punishment and confiscation of assets for a wide variety of 
     `crimes against the revolution,' including defection, 
     attempted defection, slander of the policies of the Party or 
     State, listening to foreign broadcasts, writing `reactionary' 
     letters, and possessing reactionary printed matter''.
       (6) The Government of North Korea executes political 
     prisoners, opponents of the regime, some repatriated 
     defectors, some members of underground churches, and others, 
     sometimes at public meetings attended by workers, students, 
     and schoolchildren.
       (7) The Government of North Korea holds an estimated 
     200,000 political prisoners in camps that its State Security 
     Agency manages through the use of forced labor, beatings, 
     torture, and executions, and in which many prisoners also die 
     from disease, starvation, and exposure.
       (8) According to eyewitness testimony provided to the 
     United States Congress by North Korean camp survivors, camp 
     inmates have been used as sources of slave labor for the 
     production of export goods, as targets for martial arts 
     practice, and as experimental victims in the testing of 
     chemical and biological poisons.
       (9) According to credible reports, including eyewitness 
     testimony provided to the United States Congress, North 
     Korean Government officials prohibit live births in prison 
     camps, and forced abortion and the killing of newborn babies 
     are standard prison practices.
       (10) According to the Department of State, ``[g]enuine 
     religious freedom does not exist in North Korea'' and, 
     according to the United States Commission on International 
     Religious Freedom, ``[t]he North Korean state severely 
     represses public and private religious activities'' with 
     penalties that reportedly include arrest, imprisonment, 
     torture, and sometimes execution.
       (11) More than 2,000,000 North Koreans are estimated to 
     have died of starvation since the early 1990s because of the 
     failure of the centralized agricultural and public 
     distribution systems operated by the Government of North 
     Korea.
       (12) According to a 2002 United Nations-European Union 
     survey, nearly one out of every ten children in North Korea 
     suffers from acute malnutrition and four out of every ten 
     children in North Korea are chronically malnourished.
       (13) Since 1995, the United States has provided more than 
     2,000,000 tons of humanitarian food assistance to the people 
     of North Korea, primarily through the World Food Program.

[[Page 20600]]

       (14) Although United States food assistance has undoubtedly 
     saved many North Korean lives and there have been minor 
     improvements in transparency relating to the distribution of 
     such assistance in North Korea, the Government of North Korea 
     continues to deny the World Food Program forms of access 
     necessary to properly monitor the delivery of food aid, 
     including the ability to conduct random site visits, the use 
     of native Korean-speaking employees, and travel access 
     throughout North Korea.
       (15) The risk of starvation, the threat of persecution, and 
     the lack of freedom and opportunity in North Korea have 
     caused large numbers, perhaps even hundreds of thousands, of 
     North Koreans to flee their homeland, primarily into China.
       (16) North Korean women and girls, particularly those who 
     have fled into China, are at risk of being kidnapped, 
     trafficked, and sexually exploited inside China, where many 
     are sold as brides or concubines, or forced to work as 
     prostitutes.
       (17) The Governments of China and North Korea have been 
     conducting aggressive campaigns to locate North Koreans who 
     are in China without permission and to forcibly return them 
     to North Korea, where they routinely face torture and 
     imprisonment, and sometimes execution.
       (18) Despite China's obligations as a party to the 1951 
     United Nations Convention Relating to the Status of Refugees 
     and the 1967 Protocol Relating to the Status of Refugees, 
     China routinely classifies North Koreans seeking asylum in 
     China as mere ``economic migrants'' and returns them to North 
     Korea without regard to the serious threat of persecution 
     they face upon their return.
       (19) The Government of China does not provide North Koreans 
     whose asylum requests are rejected a right to have the 
     rejection reviewed prior to deportation despite its 
     obligations under the 1951 United Nations Convention Relating 
     to the Status of Refugees and the 1967 Protocol Relating to 
     the Status of Refugees.
       (20) North Koreans who seek asylum while in China are 
     routinely imprisoned and tortured, and in some cases killed, 
     after they are returned to North Korea.
       (21) The Government of China has detained, convicted, and 
     imprisoned foreign aid workers attempting to assist North 
     Korean refugees in proceedings that did not comply with 
     Chinese law or international standards.
       (22) In January 2000, North Korean agents inside China 
     allegedly abducted the Reverend Kim Dong-shik, a United 
     States permanent resident and advocate for North Korean 
     refugees, whose condition and whereabouts remain unknown.
       (23) Between 1994 and 2003, South Korea has admitted 
     approximately 3,800 North Korean refugees for domestic 
     resettlement, a number that is small in comparison with the 
     total number of North Korean escapees but far greater than 
     the number legally admitted in any other country.
       (24) Although the principal responsibility for North Korean 
     refugee resettlement naturally falls to the Government of 
     South Korea, the United States should play a leadership role 
     in focusing international attention on the plight of these 
     refugees, and formulating international solutions to that 
     profound humanitarian dilemma.
       (25) In addition to infringing the rights of its own 
     citizens, the Government of North Korea has been responsible 
     in years past for the abduction of numerous citizens of South 
     Korea and Japan, whose condition and whereabouts remain 
     unknown.

     SEC. 4. PURPOSES.

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

     SEC. 5. DEFINITIONS.

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

          TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

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

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

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

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

     SEC. 103. RADIO BROADCASTING TO NORTH KOREA.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should facilitate the unhindered 
     dissemination of information in North Korea by increasing its 
     support for radio broadcasting to North Korea, and that the 
     Broadcasting Board of Governors should increase broadcasts to 
     North Korea from current levels, with a goal of providing 12-
     hour-per-day broadcasting to North Korea, including 
     broadcasts by Radio Free Asia and Voice of America.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Broadcasting Board of Governors 
     shall submit to the appropriate congressional committees a 
     report that--
       (1) describes the status of current United States 
     broadcasting to North Korea; and
       (2) outlines a plan for increasing such broadcasts to 12 
     hours per day, including a detailed description of the 
     technical and fiscal requirements necessary to implement the 
     plan.

     SEC. 104. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

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

     SEC. 105. UNITED NATIONS COMMISSION ON HUMAN RIGHTS.

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

     SEC. 106. ESTABLISHMENT OF REGIONAL FRAMEWORK.

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

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

       (a) Special Envoy.--The President shall appoint a special 
     envoy for human rights in North Korea within the Department 
     of State (hereafter in this section referred to as the 
     ``Special Envoy''). The Special Envoy should be a person of 
     recognized distinction in the field of human rights.
       (b) Central Objective.--The central objective of the 
     Special Envoy is to coordinate and

[[Page 20601]]

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

               TITLE II--ASSISTING NORTH KOREANS IN NEED

     SEC. 201. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.

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

     SEC. 202. ASSISTANCE PROVIDED INSIDE NORTH KOREA.

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

     SEC. 203. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.

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

              TITLE III--PROTECTING NORTH KOREAN REFUGEES

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

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

     SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION.

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

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

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

     SEC. 304. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES.

       (a) Actions in China.--It is the sense of Congress that--
       (1) the Government of China has obligated itself to provide 
     the United Nations High Commissioner for Refugees (UNHCR) 
     with unimpeded access to North Koreans inside its borders to 
     enable the UNHCR to determine whether they are refugees and 
     whether they require assistance, pursuant to the 1951 United

[[Page 20602]]

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

     SEC. 305. ANNUAL REPORTS.

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

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


                             General Leave

  Mr. LEACH. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 4011.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Iowa?
  There was no objection.
  Mr. LEACH. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 4011, the North Korean Human 
Rights Act of 2004. As approved unanimously by the Senate last week, 
the bill contains three modest changes from the text passed by this 
body in July. First it expresses the sense of Congress that the United 
States should explore the possibility of a regional dialogue on human 
rights with North Korea. Second, it mandates the appointment of a 
special envoy on human rights in North Korea within the State 
Department. Finally, it enhances the discretion of the executive branch 
by recasting conditions on assistance to the North Korean government as 
a sense of Congress provision.
  I deeply appreciate the efforts of the Senate to ensure that the 
108th Congress speaks with a unanimous, bipartisan voice on these 
issues of shared concern. In this connection, I would like to express 
my particular gratitude to Senators Brownback, Bayh, Lugar, Biden and 
their capable staff members.
  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 gravest 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 to 
allow the U.N. High Commissioner For Refugees to evaluate and identify 
genuine refugees among the North Korea migrant population. China 
forcibly returns North Koreans to North Korea, where they routinely 
face imprisonment, torture, and sometimes execution. Inside China, 
North Korean women and girls are particularly vulnerable to trafficking 
and 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, 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 outlines human rights and humanitarian principles 
that should govern future direct aid to the North Korean government.
  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 United States 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 with the government of South Korea, the 
United States should play a leadership role in focusing international 
attention on the plight of these refugees in formulating shared 
international solutions to their profound humanitarian dilemma.
  I wanted to remove any misapprehension that overseas audiences may 
have about the intent, content, or motives behind this bill. 
Unequivocally, I would state this legislation is a purely humanitarian 
endeavor. There are no hidden agendas related to geostrategic concerns 
and strategies. Indeed, the committee of jurisdiction is deeply 
indebted to the concerns expressed by thousands of American citizens of 
Korean descent, who are convinced that

[[Page 20603]]

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.

                              {time}  1915

  ``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 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.
  I would like to thank my colleagues for their strong bipartisan 
endorsement of this bill. I also would like to thank the many 
nongovernmental and civic organizations who have informed and supported 
this legislation. In this regard, the pivotal efforts of the North 
Korea Freedom Coalition, a group of more than 40 nonpartisan NGOs, 
deserves particular mention.
  Finally, I would like to note the particular contributions of Senator 
Sam Brownback, whose leadership in the other body has inspired House 
action on this issue. And in this body, the attention and insight of 
the gentleman from California (Mr. Lantos), the gentleman from American 
Samoa (Mr. Faleomavaega), the gentleman from California (Mr. Berman), 
the gentleman from New York (Mr. Ackerman), and the gentleman from 
Florida (Mr. Wexler) on the Democratic side, and the gentleman from 
California (Mr. Cox), the gentleman from California (Mr. Royce), and 
the gentleman from New Jersey (Mr. Smith) on this side of the aisle are 
deeply appreciated.
  Madam Speaker, H.R. 4011 is a responsible, creative approach to an 
ongoing human rights tragedy and deserves our unanimous support.
  Madam Speaker, I reserve the balance of my time.
  Mr. WEXLER. Madam Speaker, I yield myself such time as I may consume.
  I strongly support this legislation, and I urge my colleagues to do 
so as well.
  I would first like to commend my good friend, the gentleman from Iowa 
(Mr. Leach), for his introduction of the North Korean Human Rights Act, 
and the gentleman from American Samoa (Ranking Member Faleomavaega) for 
his hard work on the bill as well.
  Madam Speaker, United States policy towards North Korea has been a 
principal focus of American policymakers for over a decade. Both 
Republican and Democratic administrations have actively sought to 
encourage the North Korean leadership to end its nuclear and missile 
programs and to end its destabilizing influence in the northeast Asian 
region.
  But as the United States attempts to encourage North Korea to give up 
its weapons of mass destruction and to establish positive relationships 
with the United States, Japan, South Korea, and China, we have paid 
insufficient attention to the horrendous human rights situation in 
North Korea and the desperate humanitarian crisis caused by the North 
Korean misrule.
  Madam Speaker, the legislation before the House will correct this 
imbalance. The North Korean Human Rights Act will press the 
administration to actively pursue a human rights and humanitarian 
agenda with North Korea, as we also attempt to resolve our security 
differences with the North.
  According to the annual State Department Human Rights Report, North 
Korea is one of the world's worst human rights abusers. Over the past 
decade, millions of North Korean citizens starved to death because of 
their own government's gross incompetence, while the North Korean 
leadership lived a luxurious life in their tucked-away villas. The 
North Korean gulags, furthermore, overflow with North Korean prisoners 
with no hope of release.
  North Korea does not hold free and fair elections, and there is no 
freedom of the press. North Korean citizens do not have the right to 
speak out against their government or to practice a religion.
  In short, Madam Speaker, the North Korean people have no hope of 
changing their government unless the United States and other world 
democracies stand up for freedom in North Korea.
  This important legislation will also help focus attention on the 
large number of North Korean refugees that have been created by the 
North's misrule, particularly those refugees in China. It is critically 
important that the U.N. High Commissioner For Refugees have access to 
this floating population and that the North Korean refugees be treated 
appropriately.
  Madam Speaker, the legislation before the House tackles all of these 
important subjects. It will direct that human rights remain on the 
negotiation 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 with China, and it attempts to increase 
American broadcasting in North Korea.
  This bill is an excellent piece of legislation, and I strongly 
support its passage.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. LEACH. Madam Speaker, I yield 5 minutes to the distinguished 
gentleman from New Jersey (Mr. Smith), who is the House's great leader 
on human rights issues.
  Mr. SMITH of New Jersey. Madam Speaker, I thank the gentleman for 
yielding me this time.
  I want to rise and really pay tribute to the leadership of the 
gentleman from Iowa (Mr. Leach) in bringing this legislation not just 
to the floor today, but to what will be its ultimate enactment into 
law. I thank the gentleman for his leadership on human rights in North 
Korea, as well as human rights in the Asian Pacific region. The 
gentleman has been a stalwart and a real leader, and this is just 
another important product of that work; and I, and I know many others, 
are very grateful for his leadership.
  This bill is the culmination of a concerted bipartisan effort to act 
against the unspeakable cruelties occurring under the Kim Jong Il 
regime. In this regard, I want to commend the efforts as well of the 
North Korean Freedom Coalition which sponsored, as many Members know, 
the historic North Korea Freedom Day rally in Washington on April 28, 
as well as the Korean-American Church Coalition, which built strong 
support for this bill out in the grass-roots.
  Madam Speaker, since the mid-1990s, as many as 2 million North 
Koreans have died because of failed North Korean economic policies. 
Despite the loss of nearly 10 percent of the country's population to a 
man-made famine, Kim Jong Il's regime uses food as a weapon to control 
its population by rewarding loyalty and withholding food from enemies 
of the regime. In North Korean society the entire population is divided 
into three class labels assigned on the basis of loyalty to the regime: 
``core,'' ``wavering,'' and ``hostile.'' These labels continue to be 
used to prioritize access to jobs, region of residence, and entitlement 
to items distributed through the Public Distribution System.
  Humanitarian relief organizations such as the U.N. World Food Program 
are prohibited by North Korea from distributing food and relief 
supplies directly to starving victims. Instead, the brutal dictatorship 
siphons off food aid and gives it to the Communist leadership and to 
the Army. H.R. 4011 authorizes increased funding for assistance for 
North Korean refugees, orphans, and trafficking victims outside of 
North Korea and conditions additional humanitarian assistance inside 
North Korea upon significant improvements in transparency and 
monitoring. It is

[[Page 20604]]

the sense of Congress that future assistance to North Korea should be 
prohibited unless the government ensures that internationally 
recognized human rights standards are met and Pyongyang makes 
substantial progress towards respecting basic human rights such as 
decriminalizing political expression, providing for family 
reunification, and reform of its prison camp system.
  Madam Speaker, North Korea's human rights abuses, as we now know, are 
a nightmare of epic proportions. Its regime restricts every basic 
freedom of its people. It attempts to control all information, 
brainwashes citizens into following a cult of personality, and 
threatens international security through the reckless use of its 
nuclear weapons program. President Bush was clearly correct in labeling 
North Korea as a nation as part of the ``axis of evil.''
  An estimated 150,000 to 200,000 political prisoners in North Korea 
are held in camps where they are subjected to torture, forced labor, 
starvation, and execution. Prisoners in these camps include thousands 
who attempted to flee the country to avoid starvation, but were 
returned to North Korea, regrettably, by the Chinese. Eye witnesses 
from these camps have testified before a hearing that the gentleman 
from Iowa (Chairman Leach) held on the subcommittee and told us 
horrific stories of savage torture, forced abortions, and persecution 
of Christians. Mothers have seen their newborn children killed right in 
front of their very eyes by North Korean prison guards.
  Madam Speaker, H.R. 4011 also provides additional support and 
protection for the courageous North Koreans who have been able to 
escape by clarifying that North Koreans are eligible to apply for U.S. 
refugee and asylum consideration, and designating North Koreans who 
have been persecuted or mistreated by the North Koreans as a priority 2 
group of special humanitarian concern to the United States. H.R. 4011 
also underscores China's obligation to provide UNHCR with access to 
North Koreans in China and urges the UNHCR to assert its right to 
arbitration with China in an effort to secure access to North Koreans 
in China.
  This is a very, very important human rights bill. Again, I want to 
commend the chairman for his extraordinary leadership in bringing it to 
the body today.
  Mr. LEACH. Madam Speaker, I yield myself such time as I may consume.
  In conclusion, let me just stress as strongly as I can that the 
regime in North Korea is one of the most difficult in the world. 
Economically, it is based upon the selling of weapons, the selling of 
drugs, and the selling of counterfeit money. We would like what is best 
for the North Korean people, that is, the possibility that this regime 
can come into this new century in a way that is acceptable in behavior 
to the international community and, therefore, in a manner that gives 
hope and prosperity to the North Korean people.
  We would like a rogue state that, quite frankly, is partly a criminal 
state, to become a civilized community. But we have nothing in this 
bill that is aimed at doing anything except providing incentives for a 
regime to do better and for a society to be better off. With that 
emphasis on a humanitarian goal, not a geo-strategic one, a 
humanitarian one, we urge the greatest possible support from this body 
and for a new policy and a new kind of era for United States and North 
Korean relations.
  Mr. ROYCE. Madam Speaker, I rise in support of H.R. 4011, the North 
Korea Human Rights Act, of which I am an original cosponsor.
  I would like to commend the gentleman from Iowa, Mr. Leach, and thank 
the leadership for expeditiously bringing this bill to the floor.
  Madam Speaker, the House passed this legislation unanimously in July. 
Last week, the other body passed this bill with minor changes. With its 
passage today, this important piece of legislation heads to the 
President's desk.
  This legislation has been years in the making. In May 2002, the Asia 
Subcommittee held the first of our hearings that have focused on the 
humanitarian plight in North Korea. At this hearing and others, our 
committee heard testimony from North Korean defectors. As Chairman of 
the US-Republic of Korea Interparliamentary Exchange, I have led 
Congressional delegations to Seoul where we have met with defectors 
lucky enough to escape the regime of Kim Jong Il. Here we heard first-
hand accounts of the brutal conditions that face the average North 
Korean--where the regime apportions and withholds food based on 
perceived citizen loyalty to Kim Jong Il. These meetings and hearings 
have helped to lay the foundation for this legislation.
  Madam Speaker, much has been made about the best way to approach 
North Korea, which poses a nuclear threat. I believe that there is a 
strong consensus to bring about change in North Korea. This legislation 
makes it clear that human rights conditions in North Korea should 
remain a key element in future negotiations between the United States, 
North Korea, and other concerned parties in Northeast Asia.
  In order to ensure his survival, Kim Jong Il tries to keep an iron 
grip on all information in North Korea. U.S. backed Radio Free Asia is 
working to counter Kim Jong Il's propaganda, bringing objective news to 
the North Korean people. Surveys indicate that North Korean defectors 
are listening to RFA's broadcasts. A former North Korean military 
officer tells the story of one official shouting to another during a 
policy debate, ``You . . . must listen to [the] radio coming from the 
outside world! Then you will know that we have been living like frogs 
in a well! [with blinders on].''
  That is why this bill calls for an 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. This should maximize North Koreans access to 
foreign broadcasts like Radio Free Asia. The stakes couldn't be higher. 
We are talking about helping to free people and by doing so, improving 
our security.
  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. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Blackburn). The question is on the 
motion offered by the gentleman from Iowa (Mr. Leach) that the House 
suspend the rules and concur in the Senate amendment to H.R. 4011.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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