IIB 

108TH CONGRESS 

2D SESSION H. R. 4011 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2004 

Received 

SEPTEMBER 7, 2004 

Read twice and referred to the Committee on Foreign Relations 

AN ACT 

To promote human rights and freedom in the Democratic 

People’s Republic of Korea, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘North Korean Human 

3 Rights Act of 2004’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

Sec. 4. Purposes. 

Sec. 5. Definitions. 

TITLE I—PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS 

Sec. 101. Sense of Congress regarding negotiations with North Korea. 

Sec. 102. Support for human rights and democracy programs. 

Sec. 103. Radio broadcasting to North Korea. 

Sec. 104. Actions to promote freedom of information. 

Sec. 105. United Nations Commission on Human Rights. 

TITLE II—ASSISTING NORTH KOREANS IN NEED 

Sec. 201. Report on United States humanitarian assistance. 

Sec. 202. Assistance provided inside North Korea. 

Sec. 203. Assistance provided outside of North Korea. 

TITLE III—PROTECTING NORTH KOREAN REFUGEES 

Sec. 301. United States policy toward refugees and defectors. 

Sec. 302. Eligibility for refugee or asylum consideration. 

Sec. 303. Facilitating submission of applications for admission as a refugee. 

Sec. 304. United Nations High Commissioner for Refugees. 

Sec. 305. Annual reports. 

6 SEC. 3. FINDINGS. 

7 Congress makes the following findings: 

8 (1) According to the Department of State, the 

9 Government of North Korea is ‘‘a dictatorship under 

10 the absolute rule of Kim Jong Il’’ that continues to 

11 commit numerous, serious human rights abuses. 

12 (2) The Government of North Korea attempts 

13 to control all information, artistic expression, aca-
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1 demic works, and media activity inside North Korea 

2 and strictly curtails freedom of speech and access to 

3 foreign broadcasts. 

4 (3) The Government of North Korea subjects 

5 all its citizens to systematic, intensive political and 

6 ideological indoctrination in support of the cult of 

7 personality glorifying Kim Jong Il and the late Kim 

8 Il Sung that approaches the level of a state religion. 

9 (4) The Government of North Korea divides its 

10 population into categories, based on perceived loyalty 

11 to the leadership, which determines access to food, 

12 employment, higher education, place of residence, 

13 medical facilities, and other resources. 

14 (5) According to the Department of State, 

15 ‘‘[t]he [North Korean] Penal Code is [d]raconian, 

16 stipulating capital punishment and confiscation of 

17 assets for a wide variety of ‘crimes against the revo18 lution,’ including defection, attempted defection, 

19 slander of the policies of the Party or State, listen20 ing to foreign broadcasts, writing ‘reactionary’ let21 ters, and possessing reactionary printed matter’’. 

22 (6) The Government of North Korea executes 

23 political prisoners, opponents of the regime, some re24 patriated defectors, some members of underground 
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1 churches, and others, sometimes at public meetings 

2 attended by workers, students, and schoolchildren. 

3 (7) The Government of North Korea holds an 

4 estimated 200,000 political prisoners in camps that 

5 its State Security Agency manages through the use 

6 of forced labor, beatings, torture, and executions, 

7 and in which many prisoners also die from disease, 

8 starvation, and exposure. 

9 (8) According to eyewitness testimony provided 

10 to the United States Congress by North Korean 

11 camp survivors, camp inmates have been used as 

12 sources of slave labor for the production of export 

13 goods, as targets for martial arts practice, and as 

14 experimental victims in the testing of chemical and 

15 biological poisons. 

16 (9) According to credible reports, including eye17 witness testimony provided to the United States 

18 Congress, North Korean Government officials pro19 hibit live births in prison camps, and forced abortion 

20 and the killing of newborn babies are standard pris21 on practices. 

22 (10) According to the Department of State, 

23 ‘‘[g]enuine religious freedom does not exist in North 

24 Korea’’ and, according to the United States Com25 mission on International Religious Freedom, ‘‘[t]he 
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1 North Korean state severely represses public and 

2 private religious activities’’ with penalties that re3 portedly include arrest, imprisonment, torture, and 

4 sometimes execution. 

5 (11) More than 2,000,000 North Koreans are 

6 estimated to have died of starvation since the early 

7 1990s because of the failure of the centralized agri8 cultural and public distribution systems operated by 

9 the Government of North Korea. 

10 (12) According to a 2002 United Nations-Euro11 pean Union survey, nearly one out of every ten chil12 dren in North Korea suffers from acute malnutrition 

13 and four out of every ten children in North Korea 

14 are chronically malnourished. 

15 (13) Since 1995, the United States has pro16 vided more than 2,000,000 tons of humanitarian 

17 food assistance to the people of North Korea, pri18 marily through the World Food Program. 

19 (14) Although United States food assistance 

20 has undoubtedly saved many North Korean lives and 

21 there have been minor improvements in transparency 

22 relating to the distribution of such assistance in 

23 North Korea, the Government of North Korea con24 tinues to deny the World Food Program forms of ac25 cess necessary to properly monitor the delivery of 
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1 food aid, including the ability to conduct random site 

2 visits, the use of native Korean-speaking employees, 

3 and travel access throughout North Korea. 

4 (15) The risk of starvation, the threat of perse5 cution, and the lack of freedom and opportunity in 

6 North Korea have caused large numbers, perhaps 

7 even hundreds of thousands, of North Koreans to 

8 flee their homeland, primarily into China. 

9 (16) North Korean women and girls, particu10 larly those who have fled into China, are at risk of 

11 being kidnapped, trafficked, and sexually exploited 

12 inside China, where many are sold as brides or con13 cubines, or forced to work as prostitutes. 

14 (17) The Governments of China and North 

15 Korea have been conducting aggressive campaigns to 

16 locate North Koreans who are in China without per17 mission and to forcibly return them to North Korea, 

18 where they routinely face torture and imprisonment, 

19 and sometimes execution. 

20 (18) Despite China’s obligations as a party to 

21 the 1951 United Nations Convention Relating to the 

22 Status of Refugees and the 1967 Protocol Relating 

23 to the Status of Refugees China routinely classifies 

24 North Koreans seeking asylum in China as mere 

25 ‘‘economic migrants’’ and returns them to North 
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1 Korea without regard to the serious threat of perse2 cution they face upon their return. 

3 (19) The Government of China does not provide 

4 North Koreans whose asylum requests are rejected 

5 a right to have the rejection reviewed prior to depor6 tation despite its obligations under the 1951 United 

7 Nations Convention Relating to the Status of Refu8 gees and the 1967 Protocol Relating to the Status 

9 of Refugees. 

10 (20) North Koreans who seek asylum while in 

11 China are routinely imprisoned and tortured, and in 

12 some cases killed, after they are returned to North 

13 Korea. 

14 (21) The Government of China has detained, 

15 convicted, and imprisoned foreign aid workers at16 tempting to assist North Korean refugees, including 

17 the Reverend Choi Bong Il, in proceedings that did 

18 not comply with Chinese law or international stand19 ards. 

20 (22) In January 2000, North Korean agents in21 side China allegedly abducted the Reverend Kim 

22 Dong-shik, a United States permanent resident and 

23 advocate for North Korean refugees, whose condition 

24 and whereabouts remain unknown. 
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1 (23) Between 1994 and 2003, South Korea has 

2 admitted approximately 3,800 North Korean refu3 gees for domestic resettlement, a number small in 

4 comparison with the total number of North Korean 

5 escapees, but far greater than the number legally 

6 admitted by any other country. 

7 (24) Although the principal responsibility for 

8 North Korean refugee resettlement naturally falls to 

9 the Government of South Korea, the United States 

10 should play a leadership role in focusing inter11 national attention on the plight of these refugees, 

12 and formulating international solutions to that pro13 found humanitarian dilemma. 

14 (25) In addition to infringing the rights of its 

15 own citizens, the Government of North Korea has 

16 been responsible in years past for the abduction of 

17 numerous citizens of South Korea and Japan, whose 

18 condition and whereabouts remain unknown. 

19 SEC. 4. PURPOSES. 

20 The purposes of this Act are— 

21 (1) to promote respect for and protection of 

22 fundamental human rights in North Korea; 

23 (2) to promote a more durable humanitarian so24 lution to the plight of North Korean refugees; 
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1 (3) to promote increased monitoring, access, 

2 and transparency in the provision of humanitarian 

3 assistance inside North Korea; 

4 (4) to promote the free flow of information into 

5 and out of North Korea; and 

6 (5) to promote progress toward the peaceful re7 unification of the Korean peninsula under a demo8 cratic system of government. 

9 SEC. 5. DEFINITIONS. 

10 In this Act: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means— 

14 (A) the Committee on International Rela15 tions of the House of Representatives; and 

16 (B) the Committee on Foreign Relations of 

17 the Senate. 

18 (2) CHINA.—The term ‘‘China’’ means the Peo19 ple’s Republic of China. 

20 (3) HUMANITARIAN ASSISTANCE.—The term 

21 ‘‘humanitarian assistance’’ means assistance to meet 

22 humanitarian needs, including needs for food, medi23 cine, medical supplies, clothing, and shelter. 

24 (4) NORTH KOREA.—The term ‘‘North Korea’’ 

25 means the Democratic People’s Republic of Korea. 
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1 (5) NORTH KOREANS.—The term ‘‘North Kore2 ans’’ means persons who are citizens or nationals of 

3 North Korea. 

4 (6) SOUTH KOREA.—The term ‘‘South Korea’’ 

5 means the Republic of Korea. 

6 TITLE I—PROMOTING THE 

7 HUMAN RIGHTS OF NORTH 

8 KOREANS 

9 SEC. 101. SENSE OF CONGRESS REGARDING NEGOTIATIONS 

10 WITH NORTH KOREA. 

11 It is the sense of Congress that the human rights of 

12 North Koreans should remain a key element in future ne13 gotiations between the United States, North Korea, and 

14 other concerned parties in Northeast Asia. 

15 SEC. 102. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY 

16 PROGRAMS. 

17 (a) SUPPORT.—The President is authorized to pro18 vide grants to private, nonprofit organizations to support 

19 programs that promote human rights, democracy, rule of 

20 law, and the development of a market economy in North 

21 Korea. Such programs may include appropriate edu22 cational and cultural exchange programs with North Ko23 rean participants, to the extent not otherwise prohibited 

24 by law. 

25 (b) AUTHORIZATION OF APPROPRIATIONS.— 
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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to the President $2,000,000 for each of 

3 the fiscal years 2005 through 2008 to carry out this 

4 section. 

5 (2) AVAILABILITY.—Amounts appropriated pur6 suant to the authorization of appropriations under 

7 paragraph (1) are authorized to remain available 

8 until expended. 

9 SEC. 103. RADIO BROADCASTING TO NORTH KOREA. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that the United States should facilitate the 

12 unhindered dissemination of information in North Korea 

13 by increasing its support for radio broadcasting to North 

14 Korea, and that the Broadcasting Board of Governors 

15 should increase broadcasts to North Korea from current 

16 levels, with a goal of providing 12-hour-per-day broad17 casting to North Korea, including broadcasts by Radio 

18 Free Asia and Voice of America. 

19 (b) REPORT.—Not later than 120 days after the date 

20 of the enactment of this Act, the Broadcasting Board of 

21 Governors shall submit to the appropriate congressional 

22 committees a report that— 

23 (1) describes the status of current United 

24 States broadcasting to North Korea; and 
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1 (2) outlines a plan for increasing such broad2 casts to 12 hours per day, including a detailed de3 scription of the technical and fiscal requirements 

4 necessary to implement the plan. 

5 SEC. 104. ACTIONS TO PROMOTE FREEDOM OF INFORMA6 TION. 

7 (a) ACTIONS.—The President is authorized to take 

8 such actions as may be necessary to increase the avail9 ability of information inside North Korea by increasing 

10 the availability of sources of information not controlled by 

11 the Government of North Korea, including sources such 

12 as radios capable of receiving broadcasting from outside 

13 North Korea. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) IN GENERAL.—There are authorized to be 

16 appropriated to the President $2,000,000 for each of 

17 the fiscal years 2005 through 2008 to carry out sub18 section (a). 

19 (2) AVAILABILITY.—Amounts appropriated pur20 suant to the authorization of appropriations under 

21 paragraph (1) are authorized to remain available 

22 until expended. 

23 (c) REPORT.—Not later than 1 year after the date 

24 of the enactment of this Act, and in each of the 3 years 

25 thereafter, the Secretary of State, after consultation with 
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1 the heads of other appropriate Federal departments and 

2 agencies, shall submit to the appropriate congressional 

3 committees a report, in classified form, on actions taken 

4 pursuant to this section. 

5 SEC. 105. UNITED NATIONS COMMISSION ON HUMAN 

6 RIGHTS. 

7 It is the sense of Congress that the United Nations 

8 has a significant role to play in promoting and improving 

9 human rights in North Korea, and that— 

10 (1) the United Nations Commission on Human 

11 Rights (UNCHR) has taken positive steps by adopt12 ing Resolution 2003/10 and Resolution 2004/13 on 

13 the situation of human rights in North Korea, and 

14 particularly by requesting the appointment of a Spe15 cial Rapporteur on the situation of human rights in 

16 North Korea; and 

17 (2) the severe human rights violations within 

18 North Korea warrant country-specific attention and 

19 reporting by the United Nations Working Group on 

20 Arbitrary Detention, the Working Group on En21 forced and Involuntary Disappearances, the Special 

22 Rapporteur on Extrajudicial, Summary, or Arbitrary 

23 Executions, the Special Rapporteur on the Right to 

24 Food, the Special Rapporteur on the Promotion and 

25 Protection of the Right to Freedom of Opinion and 
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1 Expression, the Special Rapporteur on Freedom of 

2 Religion or Belief, and the Special Rapporteur on 

3 Violence Against Women. 

4 TITLE II—ASSISTING NORTH 

5 KOREANS IN NEED 

6 SEC. 201. REPORT ON UNITED STATES HUMANITARIAN AS7 SISTANCE. 

8 (a) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, and in each of the 2 years 

10 thereafter, the Administrator of the United States Agency 

11 for International Development, in conjunction with the 

12 Secretary of State, shall submit to the appropriate con13 gressional committees a report that describes— 

14 (1) all activities to provide humanitarian assist15 ance inside North Korea, and to North Koreans out16 side of North Korea, that receive United States 

17 funding; 

18 (2) any improvements in humanitarian trans19 parency, monitoring, and access inside North Korea 

20 during the previous 1-year period, including progress 

21 toward meeting the conditions identified in para22 graphs (1) through (4) of section 202(b); and 

23 (3) specific efforts to secure improved humani24 tarian transparency, monitoring, and access inside 

25 North Korea made by the United States and United 
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1 States grantees, including the World Food Program, 

2 during the previous 1-year period. 

3 (b) FORM.—The information required by subsection 

4 (a)(1) may be provided in classified form if necessary. 

5 SEC. 202. ASSISTANCE PROVIDED INSIDE NORTH KOREA. 

6 (a) HUMANITARIAN ASSISTANCE THROUGH NON7 GOVERNMENTAL AND INTERNATIONAL ORGANIZA8 TIONS.—It is the sense of the Congress that— 

9 (1) at the same time that Congress supports 

10 the provision of humanitarian assistance to the peo11 ple of North Korea on humanitarian grounds, such 

12 assistance also should be provided and monitored so 

13 as to minimize the possibility that such assistance 

14 could be diverted to political or military use, and to 

15 maximize the likelihood that it will reach the most 

16 vulnerable North Koreans; 

17 (2) significant increases above current levels of 

18 United States support for humanitarian assistance 

19 provided inside North Korea should be conditioned 

20 upon substantial improvements in transparency, 

21 monitoring, and access to vulnerable populations 

22 throughout North Korea; and 

23 (3) the United States should encourage other 

24 countries that provide food and other humanitarian 

25 assistance to North Korea to do so through mon-
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1 itored, transparent channels, rather than through di2 rect, bilateral transfers to the Government of North 

3 Korea. 

4 (b) HUMANITARIAN ASSISTANCE TO THE GOVERN5 MENT OF NORTH KOREA.—No department, agency, or en6 tity of the United States Government may provide human7 itarian assistance to any department, agency, or entity of 

8 the Government of North Korea unless such United States 

9 Government department, agency, or entity certifies in 

10 writing to the appropriate congressional committees that 

11 the Government of North Korea has taken steps to ensure 

12 that— 

13 (1) such assistance is delivered, distributed, and 

14 monitored according to internationally recognized 

15 humanitarian standards; 

16 (2) such assistance is provided on a needs basis, 

17 and is not used as a political reward or tool of coer18 cion; 

19 (3) such assistance reaches the intended bene20 ficiaries, who are informed of the source of the as21 sistance; and 

22 (4) humanitarian access to all vulnerable 

23 groups in North Korea is allowed, no matter where 

24 in the country they may be located. 
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1 (c) NONHUMANITARIAN ASSISTANCE TO THE GOV2 ERNMENT OF NORTH KOREA.—No department, agency, 

3 or entity of the United States Government may provide 

4 nonhumanitarian assistance to any department, agency, or 

5 entity of the Government of North Korea unless such 

6 United States Government department, agency, or entity 

7 certifies in writing to the appropriate congressional com8 mittees that the Government of North Korea has made 

9 substantial progress toward— 

10 (1) respecting and protecting basic human 

11 rights, including freedom of religion, of the people of 

12 North Korea; 

13 (2) providing for significant family reunification 

14 between North Koreans and their descendants and 

15 relatives in the United States; 

16 (3) fully disclosing all information regarding 

17 citizens of Japan and the Republic of Korea ab18 ducted by the Government of North Korea; 

19 (4) allowing such abductees, along with their 

20 families, complete and genuine freedom to leave 

21 North Korea and return to the abductees’ original 

22 home countries; 

23 (5) significantly reforming its prison and labor 

24 camp system, and subjecting such reforms to inde25 pendent international monitoring; and 
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1 (6) decriminalizing political expression and ac2 tivity. 

3 (d) WAIVER.—The President may waive the prohibi4 tion contained in subsection (b) or (c) if the President de5 termines that it is in the national security interest of the 

6 United States to do so. Prior to exercising the waiver au7 thority contained in the preceding sentence, the President 

8 shall transmit to the appropriate congressional committees 

9 a report that contains the determination of the President 

10 pursuant to the preceding sentence and a description of 

11 the assistance to be provided. 

12 SEC. 203. ASSISTANCE PROVIDED OUTSIDE OF NORTH 

13 KOREA. 

14 (a) ASSISTANCE.—The President is authorized to 

15 provide assistance to support organizations or persons 

16 that provide humanitarian assistance to North Koreans 

17 who are outside of North Korea without the permission 

18 of the Government of North Korea. 

19 (b) TYPES OF ASSISTANCE.—Assistance provided 

20 under subsection (a) should be used to provide— 

21 (1) humanitarian assistance to North Korean 

22 refugees, defectors, migrants, and orphans outside of 

23 North Korea, which may include support for refugee 

24 camps or temporary settlements; and 
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1 (2) humanitarian assistance to North Korean 

2 women outside of North Korea who are victims of 

3 trafficking, as defined in section 103(14) of the 

4 Trafficking Victims Protection Act of 2000 (22 

5 U.S.C. 7102(14)), or are in danger of being traf6 ficked. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—In addition to funds other9 wise available for such purposes, there are author10 ized to be appropriated to the President 

11 $20,000,000 for each of the fiscal years 2005 

12 through 2008 to carry out this section. 

13 (2) AVAILABILITY.—Amounts appropriated pur14 suant to the authorization of appropriations under 

15 paragraph (1) are authorized to remain available 

16 until expended. 

17 TITLE III—PROTECTING NORTH 

18 KOREAN REFUGEES 

19 SEC. 301. UNITED STATES POLICY TOWARD REFUGEES AND 

20 DEFECTORS. 

21 (a) REPORT.—Not later than 120 days after the date 

22 of the enactment of this Act, the Secretary of State, in 

23 consultation with the heads of other appropriate Federal 

24 departments and agencies, shall submit to the appropriate 

25 congressional committees and the Committees on the Ju-
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1 diciary of the House of Representatives and the Senate 

2 a report that describes the situation of North Korean refu3 gees and explains United States Government policy toward 

4 North Korean nationals outside of North Korea. 

5 (b) CONTENTS.—The report shall include— 

6 (1) an assessment of the circumstances facing 

7 North Korean refugees and migrants in hiding, par8 ticularly in China, and of the circumstances they 

9 face if forcibly returned to North Korea; 

10 (2) an assessment of whether North Koreans in 

11 China have effective access to personnel of the 

12 United Nations High Commissioner for Refugees, 

13 and of whether the Government of China is fulfilling 

14 its obligations under the 1951 Convention Relating 

15 to the Status of Refugees, particularly Articles 31, 

16 32, and 33 of such Convention; 

17 (3) an assessment of whether North Koreans 

18 presently have unobstructed access to United States 

19 refugee and asylum processing, and of United States 

20 policy toward North Koreans who may present 

21 themselves at United States embassies or consulates 

22 and request protection as refugees or asylum seekers 

23 and resettlement in the United States; 
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1 (4) the total number of North Koreans who 

2 have been admitted into the United States as refu3 gees or asylees in each of the past five years; 

4 (5) an estimate of the number of North Kore5 ans with family connections to United States citi6 zens; and 

7 (6) a description of the measures that the Sec8 retary of State is taking to carry out section 303. 

9 (c) FORM.—The information required by paragraphs 

10 (1) through (5) of subsection (b) shall be provided in un11 classified form. All or part of the information required by 

12 subsection (b)(6) may be provided in classified form, if 

13 necessary. 

14 SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSID15 ERATION. 

16 (a) PURPOSE.—The purpose of this section is to clar17 ify that North Koreans are not barred from eligibility for 

18 refugee status or asylum in the United States on account 

19 of any legal right to citizenship they may enjoy under the 

20 Constitution of the Republic of Korea. It is not intended 

21 in any way to prejudice whatever rights to citizenship 

22 North Koreans may enjoy under the Constitution of the 

23 Republic of Korea, or to apply to former North Korean 

24 nationals who have availed themselves of those rights. 
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1 (b) TREATMENT OF NATIONALS OF NORTH

2 KOREA.—For purposes of eligibility for refugee status 

3 under section 207 of the Immigration and Nationality Act 

4 (8 U.S.C. 1157), or for asylum under section 208 of such 

5 Act (8 U.S.C. 1158), a national of the Democratic Peo6 ple’s Republic of Korea shall not be considered a national 

7 of the Republic of Korea. 

8 SEC. 303. FACILITATING SUBMISSION OF APPLICATIONS 

9 FOR ADMISSION AS A REFUGEE. 

10 The Secretary of State shall undertake to facilitate 

11 the submission of applications under section 207 of the 

12 Immigration and Nationality Act (8 U.S.C. 1157) by citi13 zens of North Korea seeking protection as refugees (as 

14 defined in section 101(a)(42) of such Act (8 U.S.C. 

15 1101(a)(42)). 

16 SEC. 304. UNITED NATIONS HIGH COMMISSIONER FOR REF17 UGEES. 

18 (a) ACTIONS IN CHINA.—It is the sense of Congress 

19 that— 

20 (1) the Government of China has obligated 

21 itself to provide the United Nations High Commis22 sioner for Refugees (UNHCR) with unimpeded ac23 cess to North Koreans inside its borders to enable 

24 the UNHCR to determine whether they are refugees 

25 and whether they require assistance, pursuant to the 
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1 1951 United Nations Convention Relating to the 

2 Status of Refugees, the 1967 Protocol Relating to 

3 the Status of Refugees, and Article III, paragraph 

4 5 of the 1995 Agreement on the Upgrading of the 

5 UNHCR Mission in the People’s Republic of China 

6 to UNHCR Branch Office in the People’s Republic 

7 of China (referred to in this section as the 

8 ‘‘UNHCR Mission Agreement’’); 

9 (2) the United States, other UNHCR donor 

10 governments, and UNHCR should persistently and 

11 at the highest levels continue to urge the Govern12 ment of China to abide by its previous commitments 

13 to allow UNHCR unimpeded access to North Ko14 rean refugees inside China; 

15 (3) the UNHCR, in order to effectively carry 

16 out its mandate to protect refugees, should liberally 

17 employ as professionals or Experts on Mission per18 sons with significant experience in humanitarian as19 sistance work among displaced North Koreans in 

20 China; 

21 (4) the UNHCR, in order to effectively carry 

22 out its mandate to protect refugees, should liberally 

23 contract with appropriate nongovernmental organi24 zations that have a proven record of providing hu-
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1 manitarian assistance to displaced North Koreans in 

2 China; 

3 (5) the UNHCR should pursue a multilateral 

4 agreement to adopt an effective ‘‘first asylum’’ pol5 icy that guarantees safe haven and assistance to 

6 North Korean refugees; and 

7 (6) should the Government of China begin ac8 tively fulfilling its obligations toward North Korean 

9 refugees, all countries, including the United States, 

10 and relevant international organizations should in11 crease levels of humanitarian assistance provided in12 side China to help defray costs associated with the 

13 North Korean refugee presence. 

14 (b) ARBITRATION PROCEEDINGS.—It is further the 

15 sense of Congress that— 

16 (1) if the Government of China continues to 

17 refuse to provide the UNHCR with access to North 

18 Koreans within its borders, the UNHCR should ini19 tiate arbitration proceedings pursuant to Article 

20 XVI of the UNHCR Mission Agreement and appoint 

21 an arbitrator for the UNHCR; and 

22 (2) because access to refugees is essential to the 

23 UNHCR mandate and to the purpose of a UNHCR 

24 branch office, a failure to assert those arbitration 

25 rights in present circumstances would constitute a 
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1 significant abdication by the UNHCR of one of its 

2 core responsibilities. 

3 SEC. 305. ANNUAL REPORTS. 

4 (a) IMMIGRATION INFORMATION.—Not later than 1 

5 year after the date of the enactment of this Act, and every 

6 12 months thereafter for each of the following 5 years, 

7 the Secretary of State and the Secretary of Homeland Se8 curity shall submit a joint report to the appropriate con9 gressional committees and the Committees on the Judici10 ary of the House of Representatives and the Senate on 

11 the operation of this title during the previous year, which 

12 shall include— 

13 (1) the number of aliens who are nationals or 

14 citizens of North Korea who applied for political asy15 lum and the number who were granted political asy16 lum; and 

17 (2) the number of aliens who are nationals or 

18 citizens of North Korea who applied for refugee sta19 tus and the number who were granted refugee sta20 tus. 

21 (b) COUNTRIES OF PARTICULAR CONCERN.—The 

22 President shall include in each annual report on proposed 

23 refugee admission pursuant to section 207(d) of the Immi24 gration and Nationality Act (8 U.S.C. 1157(d)), informa25 tion about specific measures taken to facilitate access to 
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1 the United States refugee program for individuals who 

2 have fled countries of particular concern for violations of 

3 religious freedom, identified pursuant to section 402(b) of 

4 the International Religious Freedom Act of 1998 (22 

5 U.S.C. 6442(b)). The report shall include, for each coun6 try of particular concern, a description of access of the 

7 nationals or former habitual residents of that country to 

8 a refugee determination on the basis of— 

9 (1) referrals by external agencies to a refugee 

10 adjudication; 

11 (2) groups deemed to be of special humani12 tarian concern to the United States for purposes of 

13 refugee resettlement; and 

14 (3) family links to the United States. 

Passed the House of Representatives July 21, 2004. 

Attest: JEFF TRANDAHL, 

Clerk.