IB 

Union Calendar No. 368

108TH CONGRESS 

2D SESSION H. R. 4011

[Report No. 108–478, Part I] 

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

of Korea, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2004

Mr. LEACH (for himself, Mr. LANTOS, Mr. COX, Mr. FALEOMAVAEGA, Mr. 

SMITH of New Jersey, Mr. BERMAN, Mr. ROYCE, Mr. ACKERMAN, and 

Mr. CHABOT) introduced the following bill; which was referred to the 

Committee on International Relations, and in addition to the Committee 

on the Judiciary, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

MAY 4, 2004

Reported from the Committee on International Relations with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 4, 2004

Referral to the Committee on the Judiciary extended for a period ending not 

later than July 6, 2004

JULY 6, 2004

Referral to the Committee on the Judiciary extended for a period ending not 

later than July 16, 2004

JULY 16, 2004

Additional sponsors: Mr. GALLEGLY, MS. ROS-LEHTINEN, Mr. BURTON of Indiana, Mr. PAYNE, Mr. MCCOTTER, Mr. BLUMENAUER, Mr. PITTS, Mr. 

FRANKS of Arizona, Mr. TIAHRT, Mr. COLE, Mr. ROHRABACHER, Mr. 

SHIMKUS, Ms. BORDALLO, Mr. BALLENGER, Mr. HONDA, Mr. EVANS, 

Mrs. JO ANN DAVIS of Virginia, Mr. GRIJALVA, Mr. WEXLER, Mr. 

DEUTSCH, and Mr. PLATTS
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JULY 16, 2004

Committee on the Judiciary discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 23, 2004] 

A BILL

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,

3 SECTION 1. SHORT TITLE. 

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

5 Rights Act of 2004’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 
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Sec. 303. Refugee status. 

Sec. 304. Pursuit of first asylum policy. 

Sec. 305. United Nations High Commissioner for Refugees. 

Sec. 306. Humanitarian parole. 

Sec. 307. North Korean status adjustment. 

Sec. 308. Temporary protected status. 

Sec. 309. Right to accept employment. 

Sec. 310. Annual reports.

1 SEC. 3. FINDINGS. 

2 Congress makes the following findings: 

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

4 Government of North Korea is ‘‘a dictatorship under 

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

6 commit numerous, serious human rights abuses. 

7 (2) The Government of North Korea attempts to 

8 control all information, artistic expression, academic 

9 works, and media activity inside North Korea and 

10 strictly curtails freedom of speech and access to for11 eign broadcasts. 

12 (3) The Government of North Korea subjects all 

13 its citizens to systematic, intensive political and ideo14 logical indoctrination in support of the cult of person15 ality glorifying Kim Jong Il and the late Kim Il 

16 Sung that approaches the level of a state religion. 

17 (4) The Government of North Korea divides its 

18 population into categories, based on perceived loyalty 

19 to the leadership, which determines access to food, em20 ployment, higher education, place of residence, med21 ical facilities, and other resources. 
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1 (5) According to the Department of State, ‘‘[t]he 

2 [North Korean] Penal Code is [d]raconian, stipu3 lating capital punishment and confiscation of assets 

4 for a wide variety of ‘crimes against the revolution,’ 

5 including defection, attempted defection, slander of 

6 the policies of the Party or State, listening to foreign 

7 broadcasts, writing ‘reactionary’ letters, and pos8 sessing reactionary printed matter’’. 

9 (6) The Government of North Korea executes po10 litical prisoners, opponents of the regime, some repa11 triated defectors, some members of underground 

12 churches, and others, sometimes at public meetings at13 tended by workers, students, and schoolchildren. 

14 (7) The Government of North Korea holds an es15 timated 200,000 political prisoners in camps that its 

16 State Security Agency manages through the use of 

17 forced labor, beatings, torture, and executions, and in 

18 which many prisoners also die from disease, starva19 tion, and exposure. 

20 (8) According to eyewitness testimony provided 

21 to the United States Congress by North Korean camp 

22 survivors, camp inmates have been used as sources of 

23 slave labor for the production of export goods, as tar24 gets for martial arts practice, and as experimental 
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1 victims in the testing of chemical and biological poi2 sons. 

3 (9) According to credible reports, including eye4 witness testimony provided to the United States Con5 gress, North Korean Government officials prohibit live 

6 births in prison camps, and forced abortion and the 

7 killing of newborn babies are standard prison prac8 tices. 

9 (10) According to the Department of State, 

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

11 Korea’’ and, according to the United States Commis12 sion on International Religious Freedom, ‘‘[t]he 

13 North Korean state severely represses public and pri14 vate religious activities’’ with penalties that report15 edly include arrest, imprisonment, torture, and some16 times execution. 

17 (11) More than 2,000,000 North Koreans are es18 timated to have died of starvation since the early 

19 1990s because of the failure of the centralized agricul20 tural and public distribution systems operated by the 

21 Government of North Korea. 

22 (12) According to a 2002 United Nations-Euro23 pean Union survey, nearly one out of every ten chil24 dren in North Korea suffers from acute malnutrition 
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1 and four out of every ten children in North Korea are 

2 chronically malnourished. 

3 (13) Since 1995, the United States has provided 

4 more than 2,000,000 tons of humanitarian food as5 sistance to the people of North Korea, primarily 

6 through the World Food Program. 

7 (14) Although United States food assistance has 

8 undoubtedly saved many North Korean lives and 

9 there have been minor improvements in transparency 

10 relating to the distribution of such assistance in 

11 North Korea, the Government of North Korea con12 tinues to deny the World Food Program forms of ac13 cess necessary to properly monitor the delivery of food 

14 aid, including the ability to conduct random site vis15 its, the use of native Korean-speaking employees, and 

16 travel access throughout North Korea. 

17 (15) The risk of starvation, the threat of persecu18 tion, and the lack of freedom and opportunity in 

19 North Korea have caused many thousands, perhaps 

20 even hundreds of thousands, of North Koreans to flee 

21 their homeland, primarily into China. 

22 (16) North Korean women and girls, particu23 larly those who have fled into China, are at risk of 

24 being kidnapped, trafficked, and sexually exploited 
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1 inside China, where many are sold as brides or con2 cubines, or forced to work as prostitutes. 

3 (17) The Governments of China and North Korea 

4 have been conducting aggressive campaigns to locate 

5 North Koreans who are in China without permission 

6 and to forcibly return them to North Korea, where 

7 they routinely face torture and imprisonment, and 

8 sometimes execution. 

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

10 the 1951 United Nations Convention Relating to the 

11 Status of Refugees and the 1967 Protocol Relating to 

12 the Status of Refugees China routinely classifies 

13 North Koreans seeking asylum in China as mere ‘‘eco14 nomic migrants’’ and returns them to North Korea 

15 without regard to the serious threat of persecution 

16 they face upon their return. 

17 (19) The Government of China does not provide 

18 North Koreans whose asylum requests are rejected a 

19 right to have the rejection reviewed prior to deporta20 tion despite its obligations under the 1951 United Na21 tions Convention Relating to the Status of Refugees 

22 and the 1967 Protocol Relating to the Status of Refu23 gees. 

24 (20) North Koreans who seek asylum while in 

25 China are routinely imprisoned and tortured, and in 
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1 some cases killed, after they are returned to North 

2 Korea. 

3 (21) The Government of China has detained, 

4 convicted, and imprisoned foreign aid workers at5 tempting to assist North Korean refugees, including 

6 the Reverend Choi Bong Il and Mr. Kim Hee Tae, in 

7 proceedings that did not comply with Chinese law or 

8 international standards. 

9 (22) In January 2000, North Korean agents in10 side China allegedly abducted the Reverend Kim 

11 Dong-shik, a United States permanent resident and 

12 advocate for North Korean refugees, whose condition 

13 and whereabouts remain unknown. 

14 (23) Between 1994 and 2003, South Korea has 

15 admitted approximately 3,800 North Korean refugees 

16 for domestic resettlement, a number small in compari17 son with the total number of North Korean escapees, 

18 but far greater than the number legally admitted by 

19 any other country. 

20 (24) Although the principal responsibility for 

21 North Korean refugee resettlement naturally falls to 

22 the Government of South Korea, the United States 

23 should play a leadership role in focusing inter24 national attention on the plight of these refugees, for25 mulating international solutions to that profound hu-
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1 manitarian dilemma, and making prudent arrange2 ments to accept a credible number of refugees for do3 mestic resettlement. 

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

5 own citizens, the Government of North Korea has been 

6 responsible in years past for the abduction of numer7 ous citizens of South Korea and Japan, whose condi8 tion and whereabouts remain unknown. 

9 SEC. 4. PURPOSES. 

10 The purposes of this Act are—

11 (1) to promote respect for and protection of fun12 damental human rights in North Korea; 

13 (2) to promote a more durable humanitarian so14 lution to the plight of North Korean refugees; 

15 (3) to promote increased monitoring, access, and 

16 transparency in the provision of humanitarian assist17 ance inside North Korea; 

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

19 and out of North Korea; and 

20 (5) to promote progress toward the peaceful re21 unification of the Korean peninsula under a demo22 cratic system of government. 

23 SEC. 5. DEFINITIONS. 

24 In this Act: 
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional commit3 tees’’ means—

4 (A) the Committee on International Rela5 tions of the House of Representatives; and 

6 (B) the Committee on Foreign Relations of 

7 the Senate. 

8 (2) CHINA.—The term ‘‘China’’ means the Peo9 ple’s Republic of China. 

10 (3) HUMANITARIAN ASSISTANCE.—The term ‘‘hu11 manitarian assistance’’ means assistance to meet hu12 manitarian needs, including needs for food, medicine, 

13 medical supplies, clothing, and shelter.

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

15 means the Democratic People’s Republic of Korea. 

16 (5) NORTH KOREANS.—The term ‘‘North Kore17 ans’’ means persons who are citizens or nationals of 

18 North Korea. 

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

20 means the Republic of Korea. 
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1 TITLE I—PROMOTING THE 

2 HUMAN RIGHTS OF NORTH 

3 KOREANS 

4 SEC. 101. SENSE OF CONGRESS REGARDING NEGOTIATIONS 

5 WITH NORTH KOREA. 

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

7 North Koreans should remain a key element in future nego8 tiations between the United States, North Korea, and other 

9 concerned parties in Northeast Asia. 

10 SEC. 102. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY 

11 PROGRAMS. 

12 (a) SUPPORT.—The President is authorized to provide 

13 grants to private, nonprofit organizations to support pro14 grams that promote human rights, democracy, rule of law, 

15 and the development of a market economy in North Korea. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There are authorized to be ap18 propriated to the President $2,000,000 for each of the 

19 fiscal years 2005 through 2008 to carry out this sec20 tion. 

21 (2) AVAILABILITY.—Amounts appropriated pur22 suant to the authorization of appropriations under 

23 paragraph (1) are authorized to remain available 

24 until expended. 
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1 SEC. 103. RADIO BROADCASTING TO NORTH KOREA. 

2 (a) SENSE OF CONGRESS.—It is the sense of Congress 

3 that the United States should facilitate the unhindered dis4 semination of information in North Korea by increasing 

5 its support for radio broadcasting to North Korea, and that 

6 the Broadcasting Board of Governors should increase broad7 casts to North Korea from current levels, with a goal of pro8 viding 12-hour-per-day broadcasting to North Korea, in9 cluding broadcasts by Radio Free Asia and Voice of Amer10 ica. 

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

12 of the enactment of this Act, the Broadcasting Board of Gov13 ernors shall submit to the appropriate congressional com14 mittees a report that—

15 (1) describes the status of current United States 

16 broadcasting to North Korea; and 

17 (2) outlines a plan for increasing such broad18 casts to 12 hours per day, including a detailed de19 scription of the technical and fiscal requirements nec20 essary to implement the plan. 

21 SEC. 104. ACTIONS TO PROMOTE FREEDOM OF INFORMA22 TION. 

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

24 such actions as may be necessary to increase the avail25 ability of information inside North Korea by increasing the 

26 availability of sources of information not controlled by the 
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1 Government of North Korea, including sources such as ra2 dios capable of receiving broadcasting from outside North 

3 Korea. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) IN GENERAL.—There are authorized to be ap6 propriated to the President $2,000,000 for each of the 

7 fiscal years 2005 through 2008 to carry out subsection 

8 (a). 

9 (2) AVAILABILITY.—Amounts appropriated pur10 suant to the authorization of appropriations under 

11 paragraph (1) are authorized to remain available 

12 until expended. 

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

14 the enactment of this Act, and in each of the 3 years there15 after, the Secretary of State, after consultation with the 

16 heads of other appropriate Federal departments and agen17 cies, shall submit to the appropriate congressional commit18 tees a report, in classified form, on actions taken pursuant 

19 to this section. 

20 SEC. 105. UNITED NATIONS COMMISSION ON HUMAN 

21 RIGHTS. 

22 It is the sense of Congress that the United Nations has 

23 a significant role to play in promoting and improving 

24 human rights in North Korea, that the adoption by the 

25 United Nations Commission on Human Rights of Resolu-
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1 tion 2003/10 on the situation of human rights in North 

2 Korea was a positive step, and that the severe human rights 

3 violations within North Korea warrant—

4 (1) an additional country-specific resolution by 

5 the United Nations Commission on Human Rights 

6 that includes the language necessary to authorize the 

7 appointment of a Special Rapporteur of the United 

8 Nations Commission on Human Rights on the situa9 tion of human rights in North Korea; and 

10 (2) country-specific attention and reporting by 

11 the United Nations Working Group on Arbitrary De12 tention, the Working Group on Enforced and Involun13 tary Disappearances, the Special Rapporteur on 

14 Extrajudicial, Summary, or Arbitrary Executions, 

15 the Special Rapporteur on the Right to Food, the 

16 Special Rapporteur on the Promotion and Protection 

17 of the Right to Freedom of Opinion and Expression, 

18 the Special Rapporteur on Freedom of Religion or 

19 Belief, and the Special Rapporteur on Violence 

20 Against Women. 
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1 TITLE II—ASSISTING NORTH 

2 KOREANS IN NEED 

3 SEC. 201. REPORT ON UNITED STATES HUMANITARIAN AS4 SISTANCE. 

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

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

7 thereafter, the Administrator of the United States Agency 

8 for International Development, in conjunction with the Sec9 retary of State, shall submit to the appropriate congres10 sional committees a report that describes—

11 (1) all activities to provide humanitarian assist12 ance inside North Korea, and to North Koreans out13 side of North Korea, that receive United States fund14 ing; 

15 (2) any improvements in humanitarian trans16 parency, monitoring, and access inside North Korea 

17 during the previous 1-year period, including progress 

18 toward meeting the conditions identified in para19 graphs (1) through (4) of section 202(b); and 

20 (3) specific efforts to secure improved humani21 tarian transparency, monitoring, and access inside 

22 North Korea made by the United States and United

23 States grantees, including the World Food Program, 

24 during the previous 1-year period. 
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1 (b) FORM.—The information required by subsection 

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

3 SEC. 202. ASSISTANCE PROVIDED INSIDE NORTH KOREA. 

4 (a) HUMANITARIAN ASSISTANCE THROUGH NON5 GOVERNMENTAL AND INTERNATIONAL ORGANIZATIONS.—

6 (1) ASSISTANCE.—The President is authorized to 

7 provide assistance, including in the form of grants, to 

8 the World Food Program and to United States non9 governmental organizations for the purpose of pro10 viding humanitarian assistance to North Koreans in11 side North Korea. 

12 (2) SENSE OF CONGRESS.—It is the sense of 

13 Congress that significant increases above current lev14 els of United States support for humanitarian assist15 ance provided inside North Korea should be condi16 tioned upon substantial improvements in trans17 parency, monitoring, and access to vulnerable popu18 lations throughout North Korea, and that significant 

19 improvements in those areas therefore would be re20 quired to justify appropriation and obligation of the 

21 full amounts authorized to be appropriated by this 

22 subsection. 

23 (3) AUTHORIZATION OF APPROPRIATIONS.—

24 (A) IN GENERAL.—There are authorized to 

25 be appropriated to the President not less than 
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1 $100,000,000 for each of the fiscal years 2005 

2 through 2008 to carry out this subsection. 

3 (B) AVAILABILITY.—Amounts appropriated 

4 pursuant to the authorization of appropriations 

5 under subparagraph (A) are authorized to re6 main available until expended. 

7 (b) HUMANITARIAN ASSISTANCE TO THE GOVERNMENT

8 OF NORTH KOREA.—No department, agency, or entity of 

9 the United States Government may provide humanitarian 

10 assistance to any department, agency, or entity of the Gov11 ernment of North Korea unless such United States Govern12 ment department, agency, or entity certifies in writing to 

13 the appropriate congressional committees that the Govern14 ment of North Korea has taken steps to ensure that—

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

16 monitored according to internationally recognized hu17 manitarian standards; 

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

19 and is not used as a political reward or tool of coer20 cion; 

21 (3) such assistance reaches the intended bene22 ficiaries, who are informed of the source of the assist23 ance; and 
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1 (4) humanitarian access to all vulnerable groups 

2 in North Korea is allowed, no matter where in the 

3 country they may be located. 

4 (c) NONHUMANITARIAN ASSISTANCE TO THE GOVERN5 MENT OF NORTH KOREA.—No department, agency, or enti6 ty of the United States Government may provide non7 humanitarian assistance to any department, agency, or en8 tity of the Government of North Korea unless such United 

9 States Government department, agency, or entity certifies 

10 in writing to the appropriate congressional committees that 

11 the Government of North Korea has made substantial 

12 progress toward—

13 (1) respecting and protecting basic human 

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

15 North Korea; 

16 (2) providing for significant family reunification 

17 between North Koreans and their descendants and rel18 atives in the United States; 

19 (3) fully disclosing all information regarding 

20 citizens of Japan and the Republic of Korea abducted 

21 by the Government of North Korea; 

22 (4) allowing such abductees, along with their 

23 families, complete and genuine freedom to leave North 

24 Korea and return to the abductees original home 

25 countries; 
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1 (5) significantly reforming its prison and labor 

2 camp system, and subjecting such reforms to inde3 pendent international monitoring; and 

4 (6) decriminalizing political expression and ac5 tivity. 

6 (d) WAIVER.—The President may waive the prohibi7 tion contained in subsection (b) or (c) if the President deter8 mines that it is in the national security interest of the 

9 United States to do so. Prior to exercising the waiver au10 thority contained in the preceding sentence, the President 

11 shall transmit to the appropriate congressional committees 

12 a report that contains the determination of the President 

13 pursuant to the preceding sentence and a description of the 

14 assistance to be provided. 

15 SEC. 203. ASSISTANCE PROVIDED OUTSIDE OF NORTH 

16 KOREA. 

17 (a) ASSISTANCE.—The President is authorized to pro18 vide assistance to support organizations or persons that 

19 provide humanitarian assistance or legal assistance to 

20 North Koreans who are outside of North Korea without the 

21 permission of the Government of North Korea. 

22 (b) TYPES OF ASSISTANCE.—Assistance provided 

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

24 (1) humanitarian assistance to North Korean 

25 refugees, defectors, migrants, and orphans outside of 
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1 North Korea, which may include support for refugee 

2 camps or temporary settlements; 

3 (2) legal assistance to North Koreans who are 

4 seeking to apply for refugee status, asylum, parole, or 

5 other similar forms of protection and resettlement; 

6 and 

7 (3) humanitarian assistance and legal assistance 

8 to North Korean women outside of North Korea who 

9 are victims of trafficking, as defined in section 

10 103(14) of the Trafficking Victims Protection Act of 

11 2000 (22 U.S.C. 7102(14)), or are in danger of being 

12 trafficked. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—In addition to funds otherwise 

15 available for such purposes, there are authorized to be 

16 appropriated to the President $20,000,000 for each of 

17 the fiscal years 2005 through 2008 to carry out this 

18 section. 

19 (2) AVAILABILITY.—Amounts appropriated pur20 suant to subsection (a) are authorized to remain 

21 available until expended. 
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1 TITLE III—PROTECTING NORTH 

2 KOREAN REFUGEES 

3 SEC. 301. UNITED STATES POLICY TOWARD REFUGEES AND 

4 DEFECTORS. 

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

6 of the enactment of this Act, the Secretary of State, in co7 operation with the Secretary of Homeland Security, the Di8 rector of Central Intelligence, and the heads of other appro9 priate Federal departments and agencies, shall submit to 

10 the appropriate congressional committees a report in un11 classified form that describes the situation of North Korean 

12 refugees and explains United States Government policy to13 ward North Korean refugees and defectors. 

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

15 (1) information on North Koreans currently out16 side of North Korea without permission (including 

17 refugees, defectors, and migrants), such as their esti18 mated numbers and the countries and regions in 

19 which they are currently residing; 

20 (2) an assessment of the circumstances facing 

21 North Korean refugees and migrants in hiding, par22 ticularly in China, and of the circumstances they face 

23 when forcibly returned to North Korea; 

24 (3) an assessment of whether North Koreans in 

25 China have effective access to personnel of the United
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1 Nations High Commissioner for Refugees, and of 

2 whether the Government of China is fulfilling its obli3 gations under the 1951 Convention Relating to the 

4 Status of Refugees, particularly Articles 31, 32, and 

5 33 of such Convention; 

6 (4) an assessment of whether North Koreans 

7 presently have effective access to United States refugee 

8 and asylum processing, and of United States policy 

9 toward North Koreans who may present themselves at 

10 United States embassies or consulates and request 

11 protection as refugees or asylum seekers and resettle12 ment in the United States; 

13 (5) the total number of North Koreans who have 

14 been admitted into the United States as refugees or 

15 asylees in each of the past five years; and 

16 (6) an estimate of the number of North Koreans 

17 with family connections to United States citizens. 

18 SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSID19 ERATION. 

20 (a) PURPOSE.—The purpose of this section is to ensure 

21 that North Koreans are not barred from eligibility for ref22 ugee status or asylum in the United States on account of 

23 any legal right to citizenship they may enjoy under the 

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

25 in any way to prejudice whatever rights to citizenship 
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1 North Koreans may enjoy under the Constitution of the Re2 public of Korea. 

3 (b) TREATMENT OF NATIONALS OF NORTH KOREA.—

4 For purposes of eligibility for refugee status under section 

5 207 of the Immigration and Nationality Act (8 U.S.C. 

6 1157), or for asylum under section 208 of such Act (8 

7 U.S.C. 1158), a national of the Democratic People’s Repub8 lic of Korea shall not be considered a national of the Repub9 lic of Korea. 

10 SEC. 303. REFUGEE STATUS. 

11 The Secretary of State shall designate natives or citi12 zens of North Korea who apply for refugee status under sec13 tion 207 of the Immigration and Nationality Act (8 U.S.C. 

14 1157), and who are former political prisoners, members of 

15 persecuted religious groups, forced-labor conscripts, victims 

16 of debilitating malnutrition, persons deprived of profes17 sional credentials or subjected to other disproportionately 

18 harsh or discriminatory treatment resulting from their per19 ceived or actual political or religious beliefs or activities, 

20 or others who appear to have a credible claim of other perse21 cution, as a Priority 2 group of special concern for purposes 

22 of refugee resettlement. 

23 SEC. 304. PURSUIT OF FIRST ASYLUM POLICY. 

24 It is the sense of Congress that the United States should 

25 pursue an international agreement to adopt an effective 
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1 ‘‘first asylum’’ policy, modeled on the first asylum policy 

2 for Vietnamese refugees, that guarantees safe haven and as3 sistance to North Korean refugees, until such time as condi4 tions in North Korea allow for their return. 

5 SEC. 305. UNITED NATIONS HIGH COMMISSIONER FOR REF6 UGEES. 

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

8 that—

9 (1) the Government of China has obligated itself 

10 to provide the United Nations High Commissioner for 

11 Refugees (UNHCR) with unimpeded access to North 

12 Koreans inside its borders to enable the UNHCR to 

13 determine whether they are refugees and whether they 

14 require assistance, pursuant to the 1951 United Na15 tions Convention Relating to the Status of Refugees, 

16 the 1967 Protocol Relating to the Status of Refugees, 

17 and Article III, paragraph 5 of the 1995 Agreement 

18 on the Upgrading of the UNHCR Mission in the Peo19 ple’s Republic of China to UNHCR Branch Office in 

20 the People’s Republic of China (referred to in this sec21 tion as the ‘‘UNHCR Mission Agreement’’); 

22 (2) the United States and other UNHCR donor 

23 governments should persistently and at the highest 

24 levels urge the Government of China to abide by its 
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1 previous commitments to allow UNHCR unimpeded 

2 access to North Korean refugees inside China; 

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

4 its mandate to protect refugees, should liberally em5 ploy as professionals or Experts on Mission persons 

6 with significant experience in humanitarian assist7 ance work among displaced North Koreans in China; 

8 (4) the UNHCR, in order to effectively carry out 

9 its mandate to protect refugees, should liberally con10 tract with appropriate nongovernmental organiza11 tions that have a proven record of providing humani12 tarian assistance to displaced North Koreans in 

13 China; and 

14 (5) should the Government of China begin ac15 tively fulfilling its obligations toward North Korean 

16 refugees, all countries, including the United States, 

17 and relevant international organizations should in18 crease levels of humanitarian assistance provided in19 side China to help defray costs associated with the 

20 North Korean refugee presence. 

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

22 sense of Congress that—

23 (1) if the Government of China continues to 

24 refuse to provide the UNHCR with access to North 

25 Koreans within its borders, the UNHCR should ini-
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1 tiate arbitration proceedings pursuant to Article XVI 

2 of the UNHCR Mission Agreement and appoint an 

3 arbitrator for the UNHCR; and 

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

5 UNHCR mandate and to the purpose of a UNHCR 

6 branch office, a failure to assert those arbitration 

7 rights in present circumstances would constitute a 

8 significant abdication by the UNHCR of one of its 

9 core responsibilities. 

10 SEC. 306. HUMANITARIAN PAROLE. 

11 (a) PREREQUISITES FOR ELIGIBILITY.—Because 

12 North Korean refugees do not enjoy regular, unimpeded, 

13 and effective access to the United States refugee program—

14 (1) for purposes of section 212(d)(5)(A) of the 

15 Immigration and Nationality Act (8 U.S.C. 

16 1182(d)(5)(A)), the parole of any alien who is a na17 tive or citizen of North Korea seeking to enter the 

18 United States, and who is a victim of North Korean 

19 Government malfeasance, shall be considered to be of 

20 significant public benefit; and 

21 (2) for purposes of section 212(d)(5)(B) of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1182(d)(5)(B)), the parole of any alien who is a ref24 ugee and a native or citizen of North Korea seeking 

25 to enter the United States, and who is a victim of
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1 North Korean Government malfeasance, shall be con2 sidered to be for compelling reasons in the public in3 terest with respect to that particular alien. 

4 (b) DEFINITION.—For purposes of this subsection, a 

5 victim of North Korean Government malfeasance is a 

6 former political prisoner, a member of a persecuted reli7 gious group, a forced-labor conscript, a victim of debili8 tating malnutrition, a person deprived of professional cre9 dentials or subjected to other disproportionately harsh or 

10 discriminatory treatment resulting from his perceived or 

11 actual political or religious beliefs or activities, or a person 

12 who appears to have a credible claim of other persecution 

13 by the Government of North Korea. 

14 (c) DISCRETION.—Nothing in this section shall be con15 strued to prohibit the Secretary of Homeland Security from 

16 establishing conditions for parole under section 212(d)(5) 

17 of the Immigration and Nationality Act (8 U.S.C. 

18 1182(d)(5)), or from denying parole to such aliens who are 

19 otherwise ineligible for parole. 

20 (d) LENGTH OF PAROLE.—

21 (1) IN GENERAL.—Notwithstanding section 

22 212(d)(5) of the Immigration and Nationality Act (8 

23 U.S.C. 1182(d)(5)), if parole is granted to an alien 

24 who is a native or citizen of North Korea pursuant 

25 to subsection (a), the parole shall be effective until the 
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1 final resolution of any application for adjustment of 

2 status made pursuant to section 204 of this Act. 

3 (2) DENIAL OF ADJUSTMENT OF STATUS.—If an 

4 application for adjustment of status made pursuant 

5 to section 204 is denied, the Secretary of Homeland 

6 Security may, in the discretion of the Secretary, pa7 role the alien described in paragraph (1) pursuant to 

8 section 212(d)(5) of the Immigration and Nationality 

9 Act (8 U.S.C. 1182(d)(5)). 

10 (3) EXTENSION OF PAROLE PERIOD.—If no ap11 plication for adjustment of status is made pursuant 

12 to section 204 within 18 months after parole is grant13 ed to an alien described in paragraph (1), the Sec14 retary of Homeland Security may, in the discretion 

15 of the Secretary, extend the parole period temporarily 

16 under conditions that the Secretary prescribes. 

17 (4) NO GRANT OF PAROLE.—If parole is not 

18 granted to an alien described in paragraph (2), the 

19 alien shall be treated pursuant to section 212(d)(5) of 

20 the Immigration and Nationality Act (8 U.S.C. 

21 1182(d)(5)) as if the purposes of the alien’s parole 

22 have been served. 

23 (5) TERMINATION OF PAROLE.—Notwithstanding 

24 any other provision of this section, the parole period 
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1 of an alien described in paragraph (1) shall termi2 nate when the Secretary of State determines that—

3 (A) the human rights record of North Korea, 

4 according to the Country Report on Human 

5 Rights Practices issued by the Department of 

6 State, Bureau of Democracy, Human Rights, 

7 and Labor, is satisfactory; and 

8 (B) North Korea is no longer on the list of 

9 nations designated as State sponsors of terrorism 

10 by the Secretary of State. 

11 (e) SUBSEQUENT REMOVAL PROCEEDINGS.—Nothing 

12 in this section shall be construed to prohibit the Secretary 

13 of Homeland Security from instituting removal proceedings 

14 against an alien paroled into the United States under this 

15 section for—

16 (1) conduct committed after the parole of the 

17 alien into the United States; or 

18 (2) conduct or a condition that was not disclosed 

19 to the Secretary prior to the parole of the alien into 

20 the United States. 

21 SEC. 307. NORTH KOREAN STATUS ADJUSTMENT. 

22 (a) STATUS ADJUSTMENT.—Notwithstanding section 

23 245(c) of the Immigration and Nationality Act (8 U.S.C. 

24 1255(c)), the status of any alien who is a native or citizen 

25 of North Korea, has been inspected and admitted or paroled 
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1 into the United States subsequent to July 1, 2003, and has 

2 been physically present in the United States for at least 

3 1 year, may be adjusted by the Secretary of Homeland Se4 curity, in the discretion of the Secretary and under such 

5 regulations as the Secretary may prescribe, to that of an 

6 alien lawfully admitted for permanent residence if—

7 (1) the alien makes an application for such ad8 justment within 18 months after parole is granted; 

9 (2) the alien is eligible to receive an immigrant 

10 visa and is admissible to the United States for per11 manent residence; and 

12 (3) the Secretary of Homeland Security deter13 mines that the alien has complied with the require14 ments of subsection (b). 

15 (b) REQUIRED COOPERATION WITH THE UNITED

16 STATES GOVERNMENT.—The requirements of this sub17 section shall be satisfied if—

18 (1) the Secretary of Homeland Security deter19 mines that—

20 (A) the alien is in possession of critical reli21 able information concerning the activities of the 

22 Government of North Korea or its agents, rep23 resentatives, or officials, and the alien has co24 operated or is currently cooperating, fully and in 

25 good faith, with appropriate persons within the 
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1 United States Government regarding such infor2 mation; or 

3 (B) the alien is not in possession of critical 

4 reliable information concerning the activities of 

5 the Government of North Korea or its agents, 

6 representatives, or officials; and 

7 (2) the Secretary of Homeland Security deter8 mines that the alien—

9 (A) did not enter the United States in a 

10 then-current capacity as an agent, representa11 tive, or official of the Government of North 

12 Korea, or for any purpose contrary to the pur13 poses of this Act or for any unlawful purpose; 

14 (B) is not, since entering the United States 

15 or at the time during which the application for 

16 adjustment of status is filed or in process, an 

17 agent, representative, or official of the Govern18 ment of North Korea, or during such period act19 ing for any purpose contrary to the purposes of 

20 this Act or for any unlawful purpose; and 

21 (C) in the judgment of the Secretary of 

22 Homeland Security, is not likely to become an 

23 agent, representative, or official of the Govern24 ment of North Korea, or act for any purpose con-
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1 trary to the purposes of this Act or for any un2 lawful purpose. 

3 (c) EFFECT ON IMMIGRATION AND NATIONALITY

4 ACT.—

5 (1) DEFINITIONS.—The definitions in subsections 

6 (a) and (b) of section 101 of the Immigration and 

7 Nationality Act (8 U.S.C. 1101) shall apply to this 

8 section. 

9 (2) APPLICABILITY.—Nothing in this section 

10 shall be construed to repeal or restrict the powers, du11 ties, functions, or authority of the Secretary of Home12 land Security in the administration and enforcement 

13 of the Immigration and Nationality Act (8 U.S.C. 

14 1101 et seq.) or any other Federal law relating to im15 migration, nationality, or naturalization. 

16 (d) SUBSEQUENT REMOVAL PROCEEDINGS.—Nothing 

17 in this section shall be construed to prohibit the Secretary 

18 of Homeland Security from instituting removal proceedings 

19 against an alien whose status was adjusted under subsection 

20 (a) for—

21 (1) conduct committed after such adjustment of 

22 status; or 

23 (2) conduct or a condition that was not disclosed 

24 to the Secretary prior to such adjustment of status. 
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1 SEC. 308. TEMPORARY PROTECTED STATUS. 

2 (a) EXTRAORDINARY AND TEMPORARY CONDITIONS

3 CONSIDERED TO EXIST.—

4 (1) IN GENERAL.—For purposes of section 

5 244(b)(1)(C) of the Immigration and Nationality Act 

6 (8 U.S.C. 1254a(b)(1)(C)), extraordinary and tem7 porary conditions shall be considered to exist in 

8 North Korea that prevent aliens who are natives or 

9 citizens of North Korea from returning to North 

10 Korea in safety. 

11 (2) TERMINATION OF PROTECTED STATUS.—The 

12 extraordinary and temporary conditions referred to 

13 in paragraph (1) shall be considered to exist until the 

14 Secretary of Homeland Security determines that—

15 (A) the human rights and trafficking 

16 records of North Korea, according to the Country 

17 Report on Human Rights Practices issued by the 

18 United States Department of State, Bureau of 

19 Democracy, Human Rights, and Labor, and the 

20 country report on trafficking issued by the Traf21 ficking in Persons Office of the Department of 

22 State, are satisfactory; and 

23 (B) North Korea is no longer on the list of 

24 nations designated as state sponsors of terrorism 

25 by the United States Department of State. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that the United States should use its diplomatic means to 

3 promote the institution of measures similar to humani4 tarian parole or the form of temporary protected status 

5 granted under subsection (a), in countries that neighbor 

6 North Korea. 

7 SEC. 309. RIGHT TO ACCEPT EMPLOYMENT. 

8 Section 208(d)(2) of the Immigration and Nationality 

9 Act (8 U.S.C. 1158(d)(2)) is amended—

10 (1) by striking ‘‘Attorney General’’ and inserting 

11 ‘‘Secretary of Homeland Security’’; and 

12 (2) by adding at the end the following: ‘‘In the 

13 case of an applicant who is a citizen or native of 

14 North Korea, the Secretary of Homeland Security 

15 shall issue regulations under which such applicant 

16 shall be entitled to employment authorization, and 

17 such applicant shall not be subject to the 180-day 

18 limitation described in the previous sentence.’’. 

19 SEC. 310. ANNUAL REPORTS. 

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

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

22 12 months thereafter for each of the following 5 years, the 

23 Secretary of State and the Secretary of Homeland Security 

24 shall submit a joint report to the appropriate congressional 
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1 committees on the operation of this title during the previous 

2 year, which shall include—

3 (1) the number of aliens who are natives or citi4 zens of North Korea and have been granted humani5 tarian parole under section 306, and the immigration 

6 status of such aliens before being granted humani7 tarian parole; 

8 (2) the number of aliens who are natives or citi9 zens of North Korea and have been granted an adjust10 ment of status under section 307, and the immigra11 tion status of such aliens before being granted adjust12 ment of status; 

13 (3) the number of aliens who are natives or citi14 zens of North Korea who were granted political asy15 lum; 

16 (4) the number of aliens who are natives or citi17 zens of North Korea who were granted temporary pro18 tected status under section 308; and 

19 (5) the number of aliens who are natives or citi20 zens of North Korea who applied for refugee status 

21 and the number who were granted refugee status. 

22 (b) COUNTRIES OF PARTICULAR CONCERN.—The 

23 President shall include in each annual report on proposed 

24 refugee admission pursuant to section 207(d) of the Immi25 gration and Nationality Act (8 U.S.C. 1157(d)), informa-
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1 tion about specific measures taken to facilitate access to the 

2 United States refugee program for individuals who have 

3 fled countries of particular concern, as defined by the Sec4 retary of Homeland Security, for violations of religious 

5 freedom pursuant to section 402(b) of the International Re6 ligious Freedom Act of 1998 (22 U.S.C. 6442(b)). The re7 port shall include, for each country of particular concern, 

8 a description of access of the nationals or former habitual 

9 residents of that country to a refugee determination on the 

10 basis of—

11 (1) referrals by external agencies to a refugee ad12 judication; 

13 (2) groups deemed to be of special humanitarian 

14 concern to the United States for purposes of refugee 

15 resettlement; and 

16 (3) family links to the United States.

Union Calendar No. 368

108TH CONGRESS 

2D SESSION H. R. 4011

[Report No. 108–478, Part I] 

A BILL

To promote human rights and freedom in the 

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

JULY 16, 2004

Committee on the Judiciary discharged; committed to the 

Union and ordered to be printedCommittee of the Whole House on the State of the