(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 
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. 
(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. 
(15) The risk of starvation, the threat of persecu-
tion, 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, 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. 
(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, 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 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 small in compari-
son 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 inter-
national attention on the plight of these refugees, for-
mulating international solutions to that profound hu-
manitarian dilemma, and making prudent arrange-
ments to accept a credible number of refugees for do-
mestic 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 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 
(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.
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. 
(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 
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. 
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. 
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 Resolu-
tion 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 situa-
tion of human rights in North Korea; and 
(2) country-specific attention and reporting by 
the United Nations Working Group on Arbitrary De-
tention, the Working Group on Enforced and Involun-
tary 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.