In the Senate of the United States,
September 28, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 4011) entitled ‘‘An Act to promote human rights
and freedom in the Democratic People’s Republic of Korea,
and for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘North Korean Human
Rights Act of 2004’’.
†
HR 4011 EAS
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Purposes.
Sec. 5. Definitions.
TITLE I—PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS
Sec. 101. Sense of Congress regarding negotiations with North Korea.
Sec. 102. Support for human rights and democracy programs.
Sec. 103. Radio broadcasting to North Korea.
Sec. 104. Actions to promote freedom of information.
Sec. 105. United Nations Commission on Human Rights.
Sec. 106. Establishment of regional framework.
Sec. 107. Special Envoy on Human Rights in North Korea.
TITLE II—ASSISTING NORTH KOREANS IN NEED
Sec. 201. Report on United States humanitarian assistance.
Sec. 202. Assistance provided inside North Korea.
Sec. 203. Assistance provided outside of North Korea.
TITLE III—PROTECTING NORTH KOREAN REFUGEES
Sec. 301. United States policy toward refugees and defectors.
Sec. 302. Eligibility for refugee or asylum consideration.
Sec. 303. Facilitating submission of applications for admission as a refugee.
Sec. 304. United Nations High Commissioner for Refugees.
Sec. 305. Annual reports.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) According to the Department of State, the
Government of North Korea is ‘‘a dictatorship under
the absolute rule of Kim Jong Il’’ that continues to
commit numerous, serious human rights abuses.
(2) The Government of North Korea attempts to
control all information, artistic expression, academic
works, and media activity inside North Korea and
strictly curtails freedom of speech and access to for-
eign broadcasts.
†
HR 4011 EAS
(3) The Government of North Korea subjects all
its citizens to systematic, intensive political and ideo-
logical indoctrination in support of the cult of person-
ality 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, em-
ployment, higher education, place of residence, med-
ical facilities, and other resources.
(5) According to the Department of State, ‘‘[t]he
[North Korean] Penal Code is [d]raconian, stipu-
lating 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 pos-
sessing reactionary printed matter’’.
(6) The Government of North Korea executes po-
litical prisoners, opponents of the regime, some repa-
triated defectors, some members of underground
churches, and others, sometimes at public meetings at-
tended by workers, students, and schoolchildren.
(7) The Government of North Korea holds an es-
timated 200,000 political prisoners in camps that its
†
HR 4011 EAS
State Security Agency manages through the use of
forced labor, beatings, torture, and executions, and in
which many prisoners also die from disease, starva-
tion, 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 tar-
gets for martial arts practice, and as experimental
victims in the testing of chemical and biological poi-
sons.
(9) According to credible reports, including eye-
witness testimony provided to the United States Con-
gress, North Korean Government officials prohibit live
births in prison camps, and forced abortion and the
killing of newborn babies are standard prison prac-
tices.
(10) According to the Department of State,
‘‘[g]enuine religious freedom does not exist in North
Korea’’ and, according to the United States Commis-
sion on International Religious Freedom, ‘‘[t]he
North Korean state severely represses public and pri-
vate religious activities’’ with penalties that report-
edly include arrest, imprisonment, torture, and some-
times execution.
†
HR 4011 EAS
(11) More than 2,000,000 North Koreans are es-
timated to have died of starvation since the early
1990s because of the failure of the centralized agricul-
tural and public distribution systems operated by the
Government of North Korea.
(12) According to a 2002 United Nations-Euro-
pean Union survey, nearly one out of every ten chil-
dren 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 as-
sistance 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 con-
tinues to deny the World Food Program forms of ac-
cess necessary to properly monitor the delivery of food
aid, including the ability to conduct random site vis-
its, the use of native Korean-speaking employees, and
travel access throughout North Korea.
†
HR 4011 EAS
(15) The risk of starvation, the threat of persecu-
tion, and the lack of freedom and opportunity in
North Korea have caused large numbers, perhaps even
hundreds of thousands, of North Koreans to flee their
homeland, primarily into China.
(16) North Korean women and girls, particu-
larly 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 con-
cubines, 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 ‘‘eco-
nomic migrants’’ and returns them to North Korea
without regard to the serious threat of persecution
they face upon their return.
†
HR 4011 EAS
(19) The Government of China does not provide
North Koreans whose asylum requests are rejected a
right to have the rejection reviewed prior to deporta-
tion despite its obligations under the 1951 United Na-
tions Convention Relating to the Status of Refugees
and the 1967 Protocol Relating to the Status of Refu-
gees.
(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 at-
tempting to assist North Korean refugees in pro-
ceedings that did not comply with Chinese law or
international standards.
(22) In January 2000, North Korean agents in-
side China allegedly abducted the Reverend Kim
Dong-shik, a United States permanent resident and
advocate for North Korean refugees, whose condition
and whereabouts remain unknown.
(23) Between 1994 and 2003, South Korea has
admitted approximately 3,800 North Korean refugees
for domestic resettlement, a number that is small in
comparison with the total number of North Korean
†
HR 4011 EAS
escapees but far greater than the number legally ad-
mitted in any other country.
(24) Although the principal responsibility for
North Korean refugee resettlement naturally falls to
the Government of South Korea, the United States
should play a leadership role in focusing inter-
national attention on the plight of these refugees, and
formulating international solutions to that profound
humanitarian dilemma.
(25) In addition to infringing the rights of its
own citizens, the Government of North Korea has been
responsible in years past for the abduction of numer-
ous citizens of South Korea and Japan, whose condi-
tion and whereabouts remain unknown.
SEC. 4. PURPOSES.
The purposes of this Act are—
(1) to promote respect for and protection of fun-
damental human rights in North Korea;
(2) to promote a more durable humanitarian so-
lution to the plight of North Korean refugees;
(3) to promote increased monitoring, access, and
transparency in the provision of humanitarian assist-
ance inside North Korea;
(4) to promote the free flow of information into
and out of North Korea; and
†
HR 4011 EAS
(5) to promote progress toward the peaceful re-
unification of the Korean peninsula under a demo-
cratic system of government.
SEC. 5. DEFINITIONS.
In this Act:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Committee on International Rela-
tions of the House of Representatives; and
(B) the Committee on Foreign Relations of
the Senate.
(2) CHINA.—The term ‘‘China’’ means the Peo-
ple’s Republic of China.
(3) HUMANITARIAN ASSISTANCE.—The term ‘‘hu-
manitarian assistance’’ means assistance to meet hu-
manitarian 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 Kore-
ans’’ means persons who are citizens or nationals of
North Korea.
(6) SOUTH KOREA.—The term ‘‘South Korea’’
means the Republic of Korea.
†
HR 4011 EAS
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 nego-
tiations 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 pro-
grams that promote human rights, democracy, rule of law,
and the development of a market economy in North Korea.
Such programs may include appropriate educational and
cultural exchange programs with North Korean partici-
pants, to the extent not otherwise prohibited by law.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the President $2,000,000 for each of the
fiscal years 2005 through 2008 to carry out this sec-
tion.
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations under
†
HR 4011 EAS
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 dis-
semination of information in North Korea by increasing
its support for radio broadcasting to North Korea, and that
the Broadcasting Board of Governors should increase broad-
casts to North Korea from current levels, with a goal of pro-
viding 12-hour-per-day broadcasting to North Korea, in-
cluding broadcasts by Radio Free Asia and Voice of Amer-
ica.
(b) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Broadcasting Board of Gov-
ernors shall submit to the appropriate congressional com-
mittees a report that—
(1) describes the status of current United States
broadcasting to North Korea; and
(2) outlines a plan for increasing such broad-
casts to 12 hours per day, including a detailed de-
scription of the technical and fiscal requirements nec-
essary to implement the plan.
†
HR 4011 EAS
SEC. 104. ACTIONS TO PROMOTE FREEDOM OF INFORMA-
TION.
(a) ACTIONS.—The President is authorized to take
such actions as may be necessary to increase the avail-
ability 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 ra-
dios capable of receiving broadcasting from outside North
Korea.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the President $2,000,000 for each of the
fiscal years 2005 through 2008 to carry out subsection
(a).
(2) AVAILABILITY.—Amounts appropriated pur-
suant 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 there-
after, the Secretary of State, after consultation with the
heads of other appropriate Federal departments and agen-
cies, shall submit to the appropriate congressional commit-
tees a report, in classified form, on actions taken pursuant
to this section.
†
HR 4011 EAS
SEC. 105. UNITED NATIONS COMMISSION ON HUMAN
RIGHTS.
It is the sense of Congress that the United Nations has
a significant role to play in promoting and improving
human rights in North Korea, and that—
(1) the United Nations Commission on Human
Rights (UNCHR) has taken positive steps by adopt-
ing Resolution 2003/10 and Resolution 2004/13 on
the situation of human rights in North Korea, and
particularly by requesting the appointment of a Spe-
cial Rapporteur on the situation of human rights in
North Korea; and
(2) the severe human rights violations within
North Korea warrant country-specific attention and
reporting by the United Nations Working Group on
Arbitrary Detention, the Working Group on Enforced
and 
Involuntary 
Disappearances, 
the 
Special
Rapporteur on Extrajudicial, Summary, or Arbitrary
Executions, the Special Rapporteur on the Right to
Food, the Special Rapporteur on the Promotion and
Protection of the Right to Freedom of Opinion and
Expression, the Special Rapporteur on Freedom of
Religion or Belief, and the Special Rapporteur on Vi-
olence Against Women.
†
HR 4011 EAS
SEC. 106. ESTABLISHMENT OF REGIONAL FRAMEWORK.
(a) FINDINGS.—The Congress finds that human rights
initiatives can be undertaken on a multilateral basis, such
as the Organization for Security and Cooperation in Eu-
rope (OSCE), which established a regional framework for
discussing human rights, scientific and educational co-
operation, and economic and trade issues.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the United Sates should explore the possibility of a re-
gional human rights dialogue with North Korea that is
modeled on the Helsinki process, engaging all countries in
the region in a common commitment to respect human
rights and fundamental freedoms.
SEC. 107. SPECIAL ENVOY ON HUMAN RIGHTS IN NORTH
KOREA.
(a) SPECIAL ENVOY.—The President shall appoint a
special envoy for human rights in North Korea within the
Department of State (hereafter in this section referred to
as the ‘‘Special Envoy’’). The Special Envoy should be a
person of recognized distinction in the field of human
rights.
(b) CENTRAL OBJECTIVE.—The central objective of the
Special Envoy is to coordinate and promote efforts to im-
prove respect for the fundamental human rights of the peo-
ple of North Korea.
†
HR 4011 EAS
(c) DUTIES
AND RESPONSIBILITIES.—The Special
Envoy shall—
(1) engage in discussions with North Korean of-
ficials regarding human rights;
(2) support international efforts to promote
human rights and political freedoms in North Korea,
including coordination and dialogue between the
United States and the United Nations, the European
Union, North Korea, and the other countries in
Northeast Asia;
(3) consult with non-governmental organizations
who have attempted to address human rights in North
Korea;
(4) make recommendations regarding the fund-
ing of activities authorized in section 102;
(5) review strategies for improving protection of
human rights in North Korea, including technical
training and exchange programs; and
(6) develop an action plan for supporting imple-
mentation of the United Nations Commission on
Human Rights Resolution 2004/13.
(d) REPORT ON ACTIVITIES.—Not later than 180 days
after the date of the enactment of this Act, and annually
for the subsequent 5 year-period, the Special Envoy shall
submit to the appropriate congressional committees a report
†
HR 4011 EAS
on the activities undertaken in the preceding 12 months
under subsection (c).
TITLE II—ASSISTING NORTH
KOREANS IN NEED
SEC. 201. REPORT ON UNITED STATES HUMANITARIAN AS-
SISTANCE.
(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 Sec-
retary of State, shall submit to the appropriate congres-
sional committees a report that describes—
(1) all activities to provide humanitarian assist-
ance inside North Korea, and to North Koreans out-
side of North Korea, that receive United States fund-
ing;
(2) any improvements in humanitarian trans-
parency, monitoring, and access inside North Korea
during the previous 1-year period, including progress
toward meeting the conditions identified in para-
graphs (1) through (4) of section 202(b); and
(3) specific efforts to secure improved humani-
tarian transparency, monitoring, and access inside
North Korea made by the United States and United
†
HR 4011 EAS
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
NON-
GOVERNMENTAL AND INTERNATIONAL ORGANIZATIONS.—It
is the sense of the Congress that—
(1) at the same time that Congress supports the
provision of humanitarian assistance to the people of
North Korea on humanitarian grounds, such assist-
ance also should be provided and monitored so as to
minimize the possibility that such assistance could be
diverted to political or military use, and to maximize
the likelihood that it will reach the most vulnerable
North Koreans;
(2) significant increases above current levels of
United States support for humanitarian assistance
provided inside North Korea should be conditioned
upon substantial improvements in transparency,
monitoring, and access to vulnerable populations
throughout North Korea; and
(3) the United States should encourage other
countries that provide food and other humanitarian
assistance to North Korea to do so through monitored,
†
HR 4011 EAS
transparent channels, rather than through direct, bi-
lateral transfers to the Government of North Korea.
(b) UNITED STATES ASSISTANCE TO THE GOVERN-
MENT OF NORTH KOREA.—It is the sense of Congress that—
(1) United States humanitarian assistance to
any department, agency, or entity of the Government
of North Korea shall—
(A) be delivered, distributed, and monitored
according to internationally recognized humani-
tarian standards;
(B) be provided on a needs basis, and not
used as a political reward or tool of coercion;
(C) reach the intended beneficiaries, who
should be informed of the source of the assistance;
and
(D) be made available to all vulnerable
groups in North Korea, no matter where in the
country they may be located; and
(2) United States nonhumanitarian assistance to
North Korea shall be contingent on North Korea’s
substantial progress toward—
(A) respect for the basic human rights of the
people of North Korea, including freedom of reli-
gion;
†
HR 4011 EAS
(B) providing for family reunification be-
tween North Koreans and their descendants and
relatives in the United States;
(C) fully disclosing all information regard-
ing citizens of Japan and the Republic of Korea
abducted by the Government of North Korea;
(D) allowing such abductees, along with
their families, complete and genuine freedom to
leave North Korea and return to the abductees’
original home countries;
(E) reforming the North Korean prison and
labor camp system, and subjecting such reforms
to independent international monitoring; and
(F) decriminalizing political expression and
activity.
(c) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Administrator of the Agen-
cy for International Development shall submit to the appro-
priate congressional committees a report describing compli-
ance with this section.
SEC. 203. ASSISTANCE PROVIDED OUTSIDE OF NORTH
KOREA.
(a) ASSISTANCE.—The President is authorized to pro-
vide assistance to support organizations or persons that
provide humanitarian assistance to North Koreans who are
†
HR 4011 EAS
outside of North Korea without the permission of the Gov-
ernment of North Korea.
(b) TYPES
OF
ASSISTANCE.—Assistance provided
under subsection (a) should be used to provide—
(1) humanitarian assistance to North Korean
refugees, defectors, migrants, and orphans outside of
North Korea, which may include support for refugee
camps or temporary settlements; and
(2) humanitarian assistance to North Korean
women outside of North Korea who are victims of
trafficking, as defined in section 103(14) of the Traf-
ficking 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 pur-
suant to the authorization of appropriations under
paragraph (1) are authorized to remain available
until expended.
†
HR 4011 EAS
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 con-
sultation with the heads of other appropriate Federal de-
partments and agencies, shall submit to the appropriate
congressional committees and the Committees on the Judici-
ary of the House of Representatives and the Senate a report
that describes the situation of North Korean refugees and
explains United States Government policy toward North
Korean nationals outside of North Korea.
(b) CONTENTS.—The report shall include—
(1) an assessment of the circumstances facing
North Korean refugees and migrants in hiding, par-
ticularly in China, and of the circumstances they face
if forcibly returned to North Korea;
(2) an assessment of whether North Koreans in
China have effective access to personnel of the United
Nations High Commissioner for Refugees, and of
whether the Government of China is fulfilling its obli-
gations under the 1951 Convention Relating to the
Status of Refugees, particularly Articles 31, 32, and
33 of such Convention;
†
HR 4011 EAS
(3) an assessment of whether North Koreans
presently have unobstructed access to United States
refugee and asylum processing, and of United States
policy toward North Koreans who may present them-
selves at United States embassies or consulates and
request protection as refugees or asylum seekers and
resettlement in the United States;
(4) the total number of North Koreans who have
been admitted into the United States as refugees or
asylees in each of the past five years;
(5) an estimate of the number of North Koreans
with family connections to United States citizens;
and
(6) a description of the measures that the Sec-
retary of State is taking to carry out section 303.
(c) FORM.—The information required by paragraphs
(1) through (5) of subsection (b) shall be provided in unclas-
sified form. All or part of the information required by sub-
section (b)(6) may be provided in classified form, if nec-
essary.
SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSID-
ERATION.
(a) PURPOSE.—The purpose of this section is to clarify
that North Koreans are not barred from eligibility for ref-
ugee status or asylum in the United States on account of
†
HR 4011 EAS
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 Re-
public of Korea, or to apply to former North Korean nation-
als who have availed themselves of those rights.
(b) TREATMENT OF NATIONALS OF NORTH KOREA.—
For purposes of eligibility for refugee status under section
207 of the Immigration and Nationality Act (8 U.S.C.
1157), or for asylum under section 208 of such Act (8
U.S.C. 1158), a national of the Democratic People’s Repub-
lic of Korea shall not be considered a national of the Repub-
lic of Korea.
SEC. 303. FACILITATING SUBMISSION OF APPLICATIONS
FOR ADMISSION AS A REFUGEE.
The Secretary of State shall undertake to facilitate the
submission of applications under section 207 of the Immi-
gration and Nationality Act (8 U.S.C. 1157) by citizens
of North Korea seeking protection as refugees (as defined
in section 101(a)(42) of such Act (8 U.S.C. 1101(a)(42)).
SEC. 304. UNITED NATIONS HIGH COMMISSIONER FOR REF-
UGEES.
(a) ACTIONS IN CHINA.—It is the sense of Congress
that—
†
HR 4011 EAS
(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 Na-
tions 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 Peo-
ple’s Republic of China to UNHCR Branch Office in
the People’s Republic of China (referred to in this sec-
tion as the ‘‘UNHCR Mission Agreement’’);
(2) the United States, other UNHCR donor gov-
ernments, and UNHCR should persistently and at the
highest levels continue to urge the Government of
China to abide by its previous commitments to allow
UNHCR unimpeded access to North Korean refugees
inside China;
(3) the UNHCR, in order to effectively carry out
its mandate to protect refugees, should liberally em-
ploy as professionals or Experts on Mission persons
with significant experience in humanitarian assist-
ance work among displaced North Koreans in China;
†
HR 4011 EAS
(4) the UNHCR, in order to effectively carry out
its mandate to protect refugees, should liberally con-
tract with appropriate nongovernmental organiza-
tions that have a proven record of providing humani-
tarian assistance to displaced North Koreans in
China;
(5) the UNHCR should pursue a multilateral
agreement to adopt an effective ‘‘first asylum’’ policy
that guarantees safe haven and assistance to North
Korean refugees; and
(6) should the Government of China begin ac-
tively fulfilling its obligations toward North Korean
refugees, all countries, including the United States,
and relevant international organizations should in-
crease levels of humanitarian assistance provided in-
side 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 ini-
tiate arbitration proceedings pursuant to Article XVI
of the UNHCR Mission Agreement and appoint an
arbitrator for the UNHCR; and
†
HR 4011 EAS
(2) because access to refugees is essential to the
UNHCR mandate and to the purpose of a UNHCR
branch office, a failure to assert those arbitration
rights in present circumstances would constitute a
significant abdication by the UNHCR of one of its
core responsibilities.
SEC. 305. ANNUAL REPORTS.
(a) IMMIGRATION INFORMATION.—Not later than 1
year after the date of the enactment of this Act, and every
12 months thereafter for each of the following 5 years, the
Secretary of State and the Secretary of Homeland Security
shall submit a joint report to the appropriate congressional
committees and the Committees on the Judiciary of the
House of Representatives and the Senate on the operation
of this title during the previous year, which shall include—
(1) the number of aliens who are nationals or
citizens of North Korea who applied for political asy-
lum and the number who were granted political asy-
lum; and
(2) the number of aliens who are nationals or
citizens of North Korea who applied for refugee status
and the number who were granted refugee status.
(b) COUNTRIES
OF
PARTICULAR
CONCERN.—The
President shall include in each annual report on proposed
refugee admission pursuant to section 207(d) of the Immi-
†
HR 4011 EAS
gration and Nationality Act (8 U.S.C. 1157(d)), informa-
tion about specific measures taken to facilitate access to the
United States refugee program for individuals who have
fled countries of particular concern for violations of reli-
gious freedom, identified pursuant to section 402(b) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)). The report shall include, for each country of par-
ticular concern, a description of access of the nationals or
former habitual residents of that country to a refugee deter-
mination on the basis of—
(1) referrals by external agencies to a refugee ad-
judication;
(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.
Attest:
Secretary.