PUBLIC LAW 108–333—OCT. 18, 2004 118 STAT. 1287

Public Law 108–333

108th Congress

An Act

To promote human rights and freedom in the Democratic People’s Republic of

Korea, and for other purposes.

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.

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

Kim Il Sung.

Kim Jong Il.

22 USC 7801.

North Korean

Human Rights

Act of 2004.

22 USC 7801

note.

Oct. 18, 2004

[H.R. 4011]

118 STAT. 1288 PUBLIC LAW 108–333—OCT. 18, 2004

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

PUBLIC LAW 108–333—OCT. 18, 2004 118 STAT. 1289

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.

Kim Dong-shik.

118 STAT. 1290 PUBLIC LAW 108–333—OCT. 18, 2004

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.

President.

Grants.

22 USC 7812.

22 USC 7811.

22 USC 7803.

22 USC 7802.

PUBLIC LAW 108–333—OCT. 18, 2004 118 STAT. 1291

(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

22 USC 7815.

President.

22 USC 7814.

22 USC 7813.

118 STAT. 1292 PUBLIC LAW 108–333—OCT. 18, 2004

Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, the Special Rapporteur on the Right to Food, the Special

Rapporteur on the Promotion and Protection of the Right to

Freedom of Opinion and Expression, the Special Rapporteur

on Freedom of Religion or Belief, and the Special Rapporteur

on Violence Against Women.

SEC. 106. ESTABLISHMENT OF REGIONAL FRAMEWORK.

(a) FINDINGS.—The Congress finds that human rights initiatives

can be undertaken on a multilateral basis, such as the Organization

for Security and Cooperation in Europe (OSCE), which established

a regional framework for discussing human rights, scientific and

educational cooperation, and economic and trade issues.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the United Sates should explore the possibility of a regional human

rights dialogue with North Korea that is modeled on the Helsinki

process, engaging all countries in the region in a common commitment to respect human rights and fundamental freedoms.

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

(a) SPECIAL ENVOY.—The President shall appoint a special

envoy for human rights in North Korea within the Department

of State (hereafter in this section referred to as the ‘‘Special Envoy’’).

The Special Envoy should be a person of recognized distinction

in the field of human rights.

(b) CENTRAL OBJECTIVE.—The central objective of the Special

Envoy is to coordinate and promote efforts to improve respect

for the fundamental human rights of the people of North Korea.

(c) DUTIES AND RESPONSIBILITIES.—The Special Envoy shall—

(1) engage in discussions with North Korean officials

regarding human rights;

(2) support international efforts to promote human rights

and political freedoms in North Korea, including coordination

and dialogue between the United States and the United

Nations, the European Union, North Korea, and the other

countries in Northeast Asia;

(3) consult with non-governmental organizations who have

attempted to address human rights in North Korea;

(4) make recommendations regarding the funding of activities authorized in section 102;

(5) review strategies for improving protection of human

rights in North Korea, including technical training and

exchange programs; and

(6) develop an action plan for supporting implementation

of the United Nations Commission on Human Rights Resolution

2004/13.

(d) REPORT ON ACTIVITIES.—Not later than 180 days after the

date of the enactment of this Act, and annually for the subsequent

5 year-period, the Special Envoy shall submit to the appropriate

congressional committees a report on the activities undertaken in

the preceding 12 months under subsection (c).

President.

Appointment.

22 USC 7817.

22 USC 7816.

PUBLIC LAW 108–333—OCT. 18, 2004 118 STAT. 1293

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

22 USC 7832.

22 USC 7831.

118 STAT. 1294 PUBLIC LAW 108–333—OCT. 18, 2004

(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.

President.

22 USC 7833.

PUBLIC LAW 108–333—OCT. 18, 2004 118 STAT. 1295

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 5 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

22 USC 7842.

22 USC 7841.

118 STAT. 1296 PUBLIC LAW 108–333—OCT. 18, 2004

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

22 USC 7844.

22 USC 7843.

PUBLIC LAW 108–333—OCT. 18, 2004 118 STAT. 1297

LEGISLATIVE HISTORY—H.R. 4011:

HOUSE REPORTS: No. 108–478, Pt. 1 (Comm. on International Relations).

CONGRESSIONAL RECORD, Vol. 150 (2004):

July 21, considered and passed House.

Sept. 28, considered and passed Senate, amended.

Oct. 4, House concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Oct. 18, Presidential statement.

Æ

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.

Approved October 18, 2004.

President.

22 USC 7845.