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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4011 Enrolled Bill (ENR)]

<DOC>
[DOCID: f:h4011enr.txt]

        H.R.4011

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 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 in 
    support of the cult of personality glorifying Kim Jong Il and the 
    late Kim Il Sung that approaches the level of a state religion.
        (4) The Government of North Korea divides its population into 
    categories, based on perceived loyalty to the leadership, which 
    determines access to food, employment, higher education, place of 
    residence, medical facilities, and other resources.
        (5) According to the Department of State, ``[t]he [North 
    Korean] Penal Code is [d]raconian, stipulating capital punishment 
    and confiscation of assets for a wide variety of `crimes against 
    the revolution,' including defection, attempted defection, slander 
    of the policies of the Party or State, listening to foreign 
    broadcasts, writing `reactionary' letters, and possessing 
    reactionary printed matter''.
        (6) The Government of North Korea executes political prisoners, 
    opponents of the regime, some repatriated defectors, some members 
    of underground churches, and others, sometimes at public meetings 
    attended by workers, students, and schoolchildren.
        (7) The Government of North Korea holds an estimated 200,000 
    political prisoners in camps that its State Security Agency manages 
    through the use of forced labor, beatings, torture, and executions, 
    and in which many prisoners also die from disease, starvation, and 
    exposure.
        (8) According to eyewitness testimony provided to the United 
    States Congress by North Korean camp survivors, camp inmates have 
    been used as sources of slave labor for the production of export 
    goods, as targets for martial arts practice, and as experimental 
    victims in the testing of chemical and biological poisons.
        (9) According to credible reports, including eyewitness 
    testimony provided to the United States Congress, North Korean 
    Government officials prohibit live births in prison camps, and 
    forced abortion and the killing of newborn babies are standard 
    prison practices.
        (10) According to the Department of State, ``[g]enuine 
    religious freedom does not exist in North Korea'' and, according to 
    the United States Commission on International Religious Freedom, 
    ``[t]he North Korean state severely represses public and private 
    religious activities'' with penalties that reportedly include 
    arrest, imprisonment, torture, and sometimes execution.
        (11) More than 2,000,000 North Koreans are estimated to have 
    died of starvation since the early 1990s because of the failure of 
    the centralized agricultural and public distribution systems 
    operated by the Government of North Korea.
        (12) According to a 2002 United Nations-European Union survey, 
    nearly one out of every ten children in North Korea suffers from 
    acute malnutrition and four out of every ten children in North 
    Korea are chronically malnourished.
        (13) Since 1995, the United States has provided more than 
    2,000,000 tons of humanitarian food assistance to the people of 
    North Korea, primarily through the World Food Program.
        (14) Although United States food assistance has undoubtedly 
    saved many North Korean lives and there have been minor 
    improvements in transparency relating to the distribution of such 
    assistance in North Korea, the Government of North Korea continues 
    to deny the World Food Program forms of access necessary to 
    properly monitor the delivery of food aid, including the ability to 
    conduct random site visits, the use of native Korean-speaking 
    employees, and travel access throughout North Korea.
        (15) The risk of starvation, the threat of persecution, and the 
    lack of freedom and opportunity in North Korea have caused large 
    numbers, perhaps even hundreds of thousands, of North Koreans to 
    flee their homeland, primarily into China.
        (16) North Korean women and girls, particularly those who have 
    fled into China, are at risk of being kidnapped, trafficked, and 
    sexually exploited inside China, where many are sold as brides or 
    concubines, or forced to work as prostitutes.
        (17) The Governments of China and North Korea have been 
    conducting aggressive campaigns to locate North Koreans who are in 
    China without permission and to forcibly return them to North 
    Korea, where they routinely face torture and imprisonment, and 
    sometimes execution.
        (18) Despite China's obligations as a party to the 1951 United 
    Nations Convention Relating to the Status of Refugees and the 1967 
    Protocol Relating to the Status of Refugees, China routinely 
    classifies North Koreans seeking asylum in China as mere ``economic 
    migrants'' and returns them to North Korea without regard to the 
    serious threat of persecution they face upon their return.
        (19) The Government of China does not provide North Koreans 
    whose asylum requests are rejected a right to have the rejection 
    reviewed prior to deportation despite its obligations under the 
    1951 United Nations Convention Relating to the Status of Refugees 
    and the 1967 Protocol Relating to the Status of Refugees.
        (20) North Koreans who seek asylum while in China are routinely 
    imprisoned and tortured, and in some cases killed, after they are 
    returned to North Korea.
        (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 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 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 People's 
Republic of Korea shall not be considered a national of the Republic of 
Korea.

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

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

SEC. 304. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES.

    (a) Actions in China.--It is the sense of Congress that--
        (1) the Government of China has obligated itself to provide the 
    United Nations High Commissioner for Refugees (UNHCR) with 
    unimpeded access to North Koreans inside its borders to enable the 
    UNHCR to determine whether they are refugees and whether they 
    require assistance, pursuant to the 1951 United Nations Convention 
    Relating to the Status of Refugees, the 1967 Protocol Relating to 
    the Status of Refugees, and Article III, paragraph 5 of the 1995 
    Agreement on the Upgrading of the UNHCR Mission in the People's 
    Republic of China to UNHCR Branch Office in the People's Republic 
    of China (referred to in this section as the ``UNHCR Mission 
    Agreement'');
        (2) the United States, other UNHCR donor governments, and UNHCR 
    should persistently and at the highest levels continue to urge the 
    Government of China to abide by its previous commitments to allow 
    UNHCR unimpeded access to North Korean refugees inside China;
        (3) the UNHCR, in order to effectively carry out its mandate to 
    protect refugees, should liberally employ as professionals or 
    Experts on Mission persons with significant experience in 
    humanitarian assistance work among displaced North Koreans in 
    China;
        (4) the UNHCR, in order to effectively carry out its mandate to 
    protect refugees, should liberally contract with appropriate 
    nongovernmental organizations that have a proven record of 
    providing humanitarian assistance to displaced North Koreans in 
    China;
        (5) the UNHCR should pursue a multilateral agreement to adopt 
    an effective ``first asylum'' policy that guarantees safe haven and 
    assistance to North Korean refugees; and
        (6) should the Government of China begin actively fulfilling 
    its obligations toward North Korean refugees, all countries, 
    including the United States, and relevant international 
    organizations should increase levels of humanitarian assistance 
    provided inside China to help defray costs associated with the 
    North Korean refugee presence.
    (b) Arbitration Proceedings.--It is further the sense of Congress 
that--
        (1) if the Government of China continues to refuse to provide 
    the UNHCR with access to North Koreans within its borders, the 
    UNHCR should initiate arbitration proceedings pursuant to Article 
    XVI of the UNHCR Mission Agreement and appoint an arbitrator for 
    the UNHCR; and
        (2) because access to refugees is essential to the UNHCR 
    mandate and to the purpose of a UNHCR branch office, a failure to 
    assert those arbitration rights in present circumstances would 
    constitute a significant abdication by the UNHCR of one of its core 
    responsibilities.

SEC. 305. ANNUAL REPORTS.

    (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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