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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4011 Reported in House (RH)]

                                                 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

                             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.

    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.

               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. 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.

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 
        many thousands, 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, including the Reverend Choi Bong Il and Mr. 
        Kim Hee Tae, 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 small in comparison with the total 
        number of North Korean escapees, but far greater than the 
        number legally admitted by 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, formulating international solutions to that profound 
        humanitarian dilemma, and making prudent arrangements to accept 
        a credible number of refugees for domestic resettlement.
            (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.
    (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, that the adoption by the United Nations Commission on 
Human Rights of Resolution 2003/10 on the situation of human rights in 
North Korea was a positive step, and that the severe human rights 
violations within North Korea warrant--
            (1) an additional country-specific resolution by the United 
        Nations Commission on Human Rights that includes the language 
        necessary to authorize the appointment of a Special Rapporteur 
        of the United Nations Commission on Human Rights on the 
        situation of human rights in North Korea; and
            (2) 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.

               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.--
            (1) Assistance.--The President is authorized to provide 
        assistance, including in the form of grants, to the World Food 
        Program and to United States nongovernmental organizations for 
        the purpose of providing humanitarian assistance to North 
        Koreans inside North Korea.
            (2) Sense of congress.--It is the sense of Congress that 
        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 that significant improvements in 
        those areas therefore would be required to justify 
        appropriation and obligation of the full amounts authorized to 
        be appropriated by this subsection.
            (3) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated to the President not less than 
                $100,000,000 for each of the fiscal years 2005 through 
                2008 to carry out this subsection.
                    (B) Availability.--Amounts appropriated pursuant to 
                the authorization of appropriations under subparagraph 
                (A) are authorized to remain available until expended.
    (b) Humanitarian Assistance to the Government of North Korea.--No 
department, agency, or entity of the United States Government may 
provide humanitarian assistance to any department, agency, or entity of 
the Government of North Korea unless such United States Government 
department, agency, or entity certifies in writing to the appropriate 
congressional committees that the Government of North Korea has taken 
steps to ensure that--
            (1) such assistance is delivered, distributed, and 
        monitored according to internationally recognized humanitarian 
        standards;
            (2) such assistance is provided on a needs basis, and is 
        not used as a political reward or tool of coercion;
            (3) such assistance reaches the intended beneficiaries, who 
        are informed of the source of the assistance; and
            (4) humanitarian access to all vulnerable groups in North 
        Korea is allowed, no matter where in the country they may be 
        located.
    (c) Nonhumanitarian Assistance to the Government of North Korea.--
No department, agency, or entity of the United States Government may 
provide nonhumanitarian assistance to any department, agency, or entity 
of the Government of North Korea unless such United States Government 
department, agency, or entity certifies in writing to the appropriate 
congressional committees that the Government of North Korea has made 
substantial progress toward--
            (1) respecting and protecting basic human rights, including 
        freedom of religion, of the people of North Korea;
            (2) providing for significant family reunification between 
        North Koreans and their descendants and relatives in the United 
        States;
            (3) fully disclosing all information regarding citizens of 
        Japan and the Republic of Korea abducted by the Government of 
        North Korea;
            (4) allowing such abductees, along with their families, 
        complete and genuine freedom to leave North Korea and return to 
        the abductees original home countries;
            (5) significantly reforming its prison and labor camp 
        system, and subjecting such reforms to independent 
        international monitoring; and
            (6) decriminalizing political expression and activity.
    (d) Waiver.--The President may waive the prohibition contained in 
subsection (b) or (c) if the President determines that it is in the 
national security interest of the United States to do so. Prior to 
exercising the waiver authority contained in the preceding sentence, 
the President shall transmit to the appropriate congressional 
committees a report that contains the determination of the President 
pursuant to the preceding sentence and a description of the assistance 
to be provided.

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 or legal 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;
            (2) legal assistance to North Koreans who are seeking to 
        apply for refugee status, asylum, parole, or other similar 
        forms of protection and resettlement; and
            (3) humanitarian assistance and legal 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 
        subsection (a) 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 cooperation with the 
Secretary of Homeland Security, the Director of Central Intelligence, 
and the heads of other appropriate Federal departments and agencies, 
shall submit to the appropriate congressional committees a report in 
unclassified form that describes the situation of North Korean refugees 
and explains United States Government policy toward North Korean 
refugees and defectors.
    (b) Contents.--The report shall include--
            (1) information on North Koreans currently outside of North 
        Korea without permission (including refugees, defectors, and 
        migrants), such as their estimated numbers and the countries 
        and regions in which they are currently residing;
            (2) an assessment of the circumstances facing North Korean 
        refugees and migrants in hiding, particularly in China, and of 
        the circumstances they face when forcibly returned to North 
        Korea;
            (3) 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;
            (4) an assessment of whether North Koreans presently have 
        effective 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;
            (5) the total number of North Koreans who have been 
        admitted into the United States as refugees or asylees in each 
        of the past five years; and
            (6) an estimate of the number of North Koreans with family 
        connections to United States citizens.

SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION.

    (a) Purpose.--The purpose of this section is to ensure 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.
    (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. REFUGEE STATUS.

    The Secretary of State shall designate natives or citizens of North 
Korea who apply for refugee status under section 207 of the Immigration 
and Nationality Act (8 U.S.C. 1157), and who are former political 
prisoners, members of persecuted religious groups, forced-labor 
conscripts, victims of debilitating malnutrition, persons deprived of 
professional credentials or subjected to other disproportionately harsh 
or discriminatory treatment resulting from their perceived or actual 
political or religious beliefs or activities, or others who appear to 
have a credible claim of other persecution, as a Priority 2 group of 
special concern for purposes of refugee resettlement.

SEC. 304. PURSUIT OF FIRST ASYLUM POLICY.

    It is the sense of Congress that the United States should pursue an 
international agreement to adopt an effective ``first asylum'' policy, 
modeled on the first asylum policy for Vietnamese refugees, that 
guarantees safe haven and assistance to North Korean refugees, until 
such time as conditions in North Korea allow for their return.

SEC. 305. 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 and other UNHCR donor governments 
        should persistently and at the highest levels 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; and
            (5) 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. 306. HUMANITARIAN PAROLE.

    (a) Prerequisites for Eligibility.--Because North Korean refugees 
do not enjoy regular, unimpeded, and effective access to the United 
States refugee program--
            (1) for purposes of section 212(d)(5)(A) of the Immigration 
        and Nationality Act (8 U.S.C. 1182(d)(5)(A)), the parole of any 
        alien who is a native or citizen of North Korea seeking to 
        enter the United States, and who is a victim of North Korean 
        Government malfeasance, shall be considered to be of 
        significant public benefit; and
            (2) for purposes of section 212(d)(5)(B) of the Immigration 
        and Nationality Act (8 U.S.C. 1182(d)(5)(B)), the parole of any 
        alien who is a refugee and a native or citizen of North Korea 
        seeking to enter the United States, and who is a victim 
of North Korean Government malfeasance, shall be considered to be for 
compelling reasons in the public interest with respect to that 
particular alien.
    (b) Definition.--For purposes of this subsection, a victim of North 
Korean Government malfeasance is a former political prisoner, a member 
of a persecuted religious group, a forced-labor conscript, a victim of 
debilitating malnutrition, a person deprived of professional 
credentials or subjected to other disproportionately harsh or 
discriminatory treatment resulting from his perceived or actual 
political or religious beliefs or activities, or a person who appears 
to have a credible claim of other persecution by the Government of 
North Korea.
    (c) Discretion.--Nothing in this section shall be construed to 
prohibit the Secretary of Homeland Security from establishing 
conditions for parole under section 212(d)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)), or from denying parole to such 
aliens who are otherwise ineligible for parole.
    (d) Length of Parole.--
            (1) In general.--Notwithstanding section 212(d)(5) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), if 
        parole is granted to an alien who is a native or citizen of 
        North Korea pursuant to subsection (a), the parole shall be 
        effective until the final resolution of any application for 
        adjustment of status made pursuant to section 204 of this Act.
            (2) Denial of adjustment of status.--If an application for 
        adjustment of status made pursuant to section 204 is denied, 
        the Secretary of Homeland Security may, in the discretion of 
        the Secretary, parole the alien described in paragraph (1) 
        pursuant to section 212(d)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)).
            (3) Extension of parole period.--If no application for 
        adjustment of status is made pursuant to section 204 within 18 
        months after parole is granted to an alien described in 
        paragraph (1), the Secretary of Homeland Security may, in the 
        discretion of the Secretary, extend the parole period 
        temporarily under conditions that the Secretary prescribes.
            (4) No grant of parole.--If parole is not granted to an 
        alien described in paragraph (2), the alien shall be treated 
        pursuant to section 212(d)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)) as if the purposes of the 
        alien's parole have been served.
            (5) Termination of parole.--Notwithstanding any other 
        provision of this section, the parole period of an alien 
        described in paragraph (1) shall terminate when the Secretary 
        of State determines that--
                    (A) the human rights record of North Korea, 
                according to the Country Report on Human Rights 
                Practices issued by the Department of State, Bureau of 
                Democracy, Human Rights, and Labor, is satisfactory; 
                and
                    (B) North Korea is no longer on the list of nations 
                designated as State sponsors of terrorism by the 
                Secretary of State.
    (e) Subsequent Removal Proceedings.--Nothing in this section shall 
be construed to prohibit the Secretary of Homeland Security from 
instituting removal proceedings against an alien paroled into the 
United States under this section for--
            (1) conduct committed after the parole of the alien into 
        the United States; or
            (2) conduct or a condition that was not disclosed to the 
        Secretary prior to the parole of the alien into the United 
        States.

SEC. 307. NORTH KOREAN STATUS ADJUSTMENT.

    (a) Status Adjustment.--Notwithstanding section 245(c) of the 
Immigration and Nationality Act (8 U.S.C. 1255(c)), the status of any 
alien who is a native or citizen of North Korea, has been inspected and 
admitted or paroled into the United States subsequent to July 1, 2003, 
and has been physically present in the United States for at least 1 
year, may be adjusted by the Secretary of Homeland Security, in the 
discretion of the Secretary and under such regulations as the Secretary 
may prescribe, to that of an alien lawfully admitted for permanent 
residence if--
            (1) the alien makes an application for such adjustment 
        within 18 months after parole is granted;
            (2) the alien is eligible to receive an immigrant visa and 
        is admissible to the United States for permanent residence; and
            (3) the Secretary of Homeland Security determines that the 
        alien has complied with the requirements of subsection (b).
    (b) Required Cooperation With the United States Government.--The 
requirements of this subsection shall be satisfied if--
            (1) the Secretary of Homeland Security determines that--
                    (A) the alien is in possession of critical reliable 
                information concerning the activities of the Government 
                of North Korea or its agents, representatives, or 
                officials, and the alien has cooperated or is currently 
                cooperating, fully and in good faith, with appropriate 
                persons within the United States Government regarding 
                such information; or
                    (B) the alien is not in possession of critical 
                reliable information concerning the activities of the 
                Government of North Korea or its agents, 
                representatives, or officials; and
            (2) the Secretary of Homeland Security determines that the 
        alien--
                    (A) did not enter the United States in a then-
                current capacity as an agent, representative, or 
                official of the Government of North Korea, or for any 
                purpose contrary to the purposes of this Act or for any 
                unlawful purpose;
                    (B) is not, since entering the United States or at 
                the time during which the application for adjustment of 
                status is filed or in process, an agent, 
                representative, or official of the Government of North 
                Korea, or during such period acting for any purpose 
                contrary to the purposes of this Act or for any 
                unlawful purpose; and
                    (C) in the judgment of the Secretary of Homeland 
                Security, is not likely to become an agent, 
                representative, or official of the Government of North 
                Korea, or act for any purpose contrary to the purposes 
of this Act or for any unlawful purpose.
    (c) Effect on Immigration and Nationality Act.--
            (1) Definitions.--The definitions in subsections (a) and 
        (b) of section 101 of the Immigration and Nationality Act (8 
        U.S.C. 1101) shall apply to this section.
            (2) Applicability.--Nothing in this section shall be 
        construed to repeal or restrict the powers, duties, functions, 
        or authority of the Secretary of Homeland Security in the 
        administration and enforcement of the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) or any other Federal 
        law relating to immigration, nationality, or naturalization.
    (d) Subsequent Removal Proceedings.--Nothing in this section shall 
be construed to prohibit the Secretary of Homeland Security from 
instituting removal proceedings against an alien whose status was 
adjusted under subsection (a) for--
            (1) conduct committed after such adjustment of status; or
            (2) conduct or a condition that was not disclosed to the 
        Secretary prior to such adjustment of status.

SEC. 308. TEMPORARY PROTECTED STATUS.

    (a) Extraordinary and Temporary Conditions Considered To Exist.--
            (1) In general.--For purposes of section 244(b)(1)(C) of 
        the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)(C)), 
        extraordinary and temporary conditions shall be considered to 
        exist in North Korea that prevent aliens who are natives or 
        citizens of North Korea from returning to North Korea in 
        safety.
            (2) Termination of protected status.--The extraordinary and 
        temporary conditions referred to in paragraph (1) shall be 
        considered to exist until the Secretary of Homeland Security 
        determines that--
                    (A) the human rights and trafficking records of 
                North Korea, according to the Country Report on Human 
                Rights Practices issued by the United States Department 
                of State, Bureau of Democracy, Human Rights, and Labor, 
                and the country report on trafficking issued by the 
                Trafficking in Persons Office of the Department of 
                State, are satisfactory; and
                    (B) North Korea is no longer on the list of nations 
                designated as state sponsors of terrorism by the United 
                States Department of State.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States should use its diplomatic means to promote the institution of 
measures similar to humanitarian parole or the form of temporary 
protected status granted under subsection (a), in countries that 
neighbor North Korea.

SEC. 309. RIGHT TO ACCEPT EMPLOYMENT.

    Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(2)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''; and
            (2) by adding at the end the following: ``In the case of an 
        applicant who is a citizen or native of North Korea, the 
        Secretary of Homeland Security shall issue regulations under 
        which such applicant shall be entitled to employment 
        authorization, and such applicant shall not be subject to the 
        180-day limitation described in the previous sentence.''.

SEC. 310. 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 on the operation of this title during the 
previous year, which shall include--
            (1) the number of aliens who are natives or citizens of 
        North Korea and have been granted humanitarian parole under 
        section 306, and the immigration status of such aliens before 
        being granted humanitarian parole;
            (2) the number of aliens who are natives or citizens of 
        North Korea and have been granted an adjustment of status under 
        section 307, and the immigration status of such aliens before 
        being granted adjustment of status;
            (3) the number of aliens who are natives or citizens of 
        North Korea who were granted political asylum;
            (4) the number of aliens who are natives or citizens of 
        North Korea who were granted temporary protected status under 
        section 308; and
            (5) the number of aliens who are natives 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, as defined by the Secretary of Homeland 
Security, for violations of religious freedom 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.

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

_______________________________________________________________________

                             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
```