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108th Congress                                            Rept. 108-478
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================
 
                 NORTH KOREAN HUMAN RIGHTS ACT OF 2004

                                _______
                                

                  May 4, 2004.--Ordered to be printed

                                _______
                                

Mr. Hyde, from the Committee on International Relations, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4011]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on International Relations, to whom was 
referred the bill (H.R. 4011) to promote human rights and 
freedom in the Democratic People's Republic of Korea, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................    11
Background and Need for the Legislation..........................    11
Hearings.........................................................    17
Committee Consideration..........................................    17
Committee Oversight Findings.....................................    17
New Budget Authority and Tax Expenditures........................    17
Congressional Budget Office Cost Estimate........................    17
Performance Goals and Objectives.................................    20
Constitutional Authority Statement...............................    20
Section-by-Section Analysis......................................    20
New Advisory Committees..........................................    23
Congressional Accountability Act.................................    23
Federal Mandates.................................................    23
Changes in Existing Law Made by the Bill, as Reported............    24

                             The Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    Prompted by the acute suffering of the people of North 
Korea, H.R. 4011 seeks to promote human rights, refugee 
protection, and increased transparency in the provision of 
humanitarian assistance for the people of North Korea.
    In terms of human rights, title I underscores the 
importance of human rights issues in future negotiations with 
North Korea, and authorizes funding for programs to promote 
human rights, democracy, rule of law, and a market economy 
inside North Korea. It also authorizes funding to increase the 
availability of information sources not controlled by the North 
Korean government. Finally, it urges additional North Korea-
specific attention by appropriate United Nations (UN) human 
rights authorities.
    On the humanitarian front, title II authorizes increased 
funding for humanitarian assistance to North Koreans outside of 
North Korea. It also attempts to secure greater transparency 
for humanitarian aid delivered inside North Korea by 
authorizing a significant increase in such aid, but connects 
increases to substantive improvements in monitoring and access. 
Finally, it conditions direct aid to the North Korean 
government on human rights and transparency benchmarks, but 
allows the President to waive those restrictions for national 
security purposes after reporting to Congress.
    In terms of refugee protection, title III seeks to clarify 
United States policy toward North Korean refugees and to 
promote the protection of refugees among the vulnerable North 
Korean migrant population, particularly in China. It also 
attempts to formulate prudent solutions to the practical and 
legal barriers that presently keep North Koreans from having 
effective access to U.S. refugee and asylum programs. All of 
those solutions are completely discretionary. The bill does not 
mandate the admission of any number of North Koreans into the 
United States, raise the annual U.S. refugee cap, or in any way 
limit the authority of the Department of Homeland Security to 
regulate and condition the entry of North Koreans into the 
United States on a case-by-case basis.

                Background and Need for the Legislation

    The people of North Korea have endured some of the great 
humanitarian traumas of our time. The terrible human rights 
situation inside North Korea, while previously suspected and 
suggested by accounts from isolated defectors, remained largely 
hidden from the outside world until the past several years. As 
greater numbers of North Koreans began escaping from that 
country in the aftermath of the famine during the late 1990s, 
the situation has come into sharper focus. The resulting 
picture is significantly more severe than was previously known.
    H.R. 4011 is motivated by a genuine desire for improvements 
in human rights, refugee protection, and humanitarian 
transparency. It is not a pretext for a hidden strategy to 
provoke regime collapse or to seek collateral advantage in 
ongoing strategic negotiations. While the legislation 
highlights numerous egregious abuses, the Committee remains 
willing to recognize progress in the future, and hopes for such 
an opportunity. Indeed, credible and substantial improvements 
in the human rights practices and openness of the Government of 
North Korea would help to build substantial goodwill with the 
United States.
    The bill was prompted and informed by hearings of the 
Subcommittee on Asia and the Pacific during the 107th and 108th 
Congresses, and by fact-finding trips along the China-North 
Korea border and inside South Korea, where interviews of 
numerous refugees, defectors, officials, and aid workers took 
place.

                              HUMAN RIGHTS

    North Korea is ruled by a brutal, totalitarian dynasty. The 
government is a dictatorship under the absolute rule of Kim 
Jong Il, who assumed leadership of the State after the death of 
his father, Kim Il Sung, in 1994. The regime rigidly controls 
most aspects of life, and classifies the entire population into 
categories based on perceived loyalty to the leadership, which 
determine access to food, employment, higher education, place 
of residence, and other resources.
    Both Kim Il Sung and Kim Jong Il are the focus of an 
intense, official cult of personality that functions in many 
respects as a state religion. Genuine religious freedom does 
not exist in North Korea, and the government severely represses 
public and private religious activities with penalties 
including arrest, imprisonment, torture, and sometimes 
execution. The government strictly curtails freedoms of speech, 
press, assembly, and association. Numerous ``crimes against the 
revolution,'' are punishable by death, including attempted 
defection, slander of Party policy, and listening to foreign 
broadcasts.
    The regime attempts to control the dissemination of all 
information, and to deny its populace access to broadcasts and 
publications from outside the country. Official media--the only 
media allowed in North Korea--extensively glorify the wisdom 
and rule of Kim Jong Il, feed paranoia about the threat of 
attack by the United States, and misrepresent the conditions 
and standards of living that exist in the outside world, 
particularly in South Korea. In general, North Koreans are 
subject to pervasive, lifelong indoctrination, and lack an 
independent frame of reference from which to judge either the 
claims of the regime or the genuine disposition of the outside 
world (and particularly the United States) toward the North 
Korean people. Sections 103 and 104 of H.R. 4011 are intended 
to support creative attempts to pierce that veil of 
misinformation.
    As its most extensive mechanism of punishment, the North 
Korean government maintains a system of prison camps that house 
an estimated 200,000 political prisoners and family members in 
inhumane conditions. Inmates are subject to forced labor, 
beatings, torture, and execution, and many also die from 
disease, starvation, and exposure. According to multiple 
sources (including eyewitness testimony provided to the 
Committee by a camp survivor), inmates have been used as 
experimental victims in the testing of chemical poisons. In 
addition, because officials prohibit live births to prisoners, 
forced abortion and the killing of newborn babies are standard 
prison practices. Specific information about conditions inside 
the camps has become publicly available in the West only in the 
past few years, as camp survivors have escaped and reported 
their experiences. The publication of the detailed report, 
``The Hidden Gulag,'' by the U.S. Committee for Human Rights in 
North Korea in October 2003 contributed greatly to public 
awareness of the camp system and its many abuses.
    In addition to infringing the rights of the North Korean 
people, the Government of North Korea has been responsible in 
years past for the abduction of numerous South Korean and 
Japanese citizens, whose conditions and whereabouts remain 
unknown. In addition to affecting the abductees, those 
disappearances are the cause of deep anguish among family 
members and friends from whom they are separated.
    In light of these severe violations, and motivated by a 
belief that respect for fundamental human rights is essential 
to the development and progress of North Korean society, H.R. 
4011 asserts that the human rights of North Koreans should 
remain a key element in future negotiations between the United 
States and North Korea.

                        HUMANITARIAN CONDITIONS

    The disastrous agricultural and economic policies of the 
North Korean regime--coupled with natural droughts and floods--
have led to widespread malnutrition and famine during the past 
decade. Since the collapse of the centralized agricultural and 
distribution systems, an estimated 2,000,000 North Koreans have 
died of starvation and related diseases, most during the famine 
of the late 1990s. A United Nations-European Union nutritional 
survey in 2002 assessed that around 40 percent of North Korean 
children are chronically malnourished.
    Since 1995, the United States has provided more than 
2,000,000 metric tons of food assistance to the people of North 
Korea, primarily through the World Food Program (WFP). That 
assistance has saved countless North Korean lives.
    The Committee agrees with the proposition that decisions to 
provide humanitarian assistance to the North Korean people 
should be made on humanitarian grounds, separate from political 
and strategic considerations. At the same time, however, there 
must be means to ensure that humanitarian assistance is used 
for humanitarian purposes, and is not diverted to military or 
political use. Concerns about an inability to adequately 
monitor food assistance and a lack of access to all vulnerable 
populations inside North Korea led some humanitarian non-
governmental organizations (NGOs) to end their assistance 
programs inside North Korea in the late 1990s. Although the WFP 
has secured minor improvements in transparency and access since 
then, the North Korean government continues to deny the WFP the 
latitude necessary to properly monitor and deliver food aid 
(including permission to conduct random site visits, to use 
native Korean-speaking employees, and to have access to the 
entire country). Because U.S. resources for humanitarian 
assistance are finite, and there are acute, competing needs 
elsewhere in the world, a purely humanitarian calculus requires 
improvements in transparency, monitoring, and access in order 
to justify such high levels of assistance in the years ahead.
    Section 202(a) of the bill attempts to induce such 
improvements in transparency, monitoring, and access by 
authorizing a significant increase in U.S. humanitarian 
assistance to be provided inside North Korea over current 
levels, but urges that any such increase be conditioned upon 
substantial progress in those areas. However, for such a 
strategy to be successful, clarity will be critical. Executive 
Branch personnel responsible for raising these issues with 
North Korean officials should make clear (preferably in 
writing, in Korean): (1) the humanitarian basis for U.S. food 
assistance to the North Korean people; (2) the reasons why 
humanitarian considerations require improved transparency, 
monitoring, and access, including a description of other 
humanitarian needs competing for U.S. resources; (3) the 
positive consequences of credible, substantial improvements; 
and (4) possible negative effects on the level of humanitarian 
assistance if aid programs inside North Korea are unable to 
meet minimum humanitarian standards.
    The funding authorized in Section 202(a) is not limited to 
U.S. contributions to the World Food Program, but also allows 
for U.S. funding of humanitarian assistance provided through 
NGOs. Some smaller scale, private organizations appear to have 
had more success than WFP in securing permission to monitor the 
assistance they provide inside North Korea. If their activities 
fit with the programmatic objectives of U.S. humanitarian 
assistance to the North Korean people, they may merit 
consideration for U.S. funding in the future.

                         THE REFUGEE SITUATION

    In addition to the repression they face in their country of 
origin, North Koreans outside of North Korea are also acutely 
vulnerable and exploited. H.R. 4011 attempts to catalyze 
increased protection for genuine North Korean refugees, at the 
same time that it avoids politicizing the refugee issue or 
using refugees as pawns in some larger, strategic calculus.
    Since the breakdown of internal controls during the famine 
of the late 1990s, the number of North Koreans leaving North 
Korea has increased. Most have crossed the northern border into 
China, primarily along the porous, eastern portion which is 
defined by the meandering Tumen River. Estimates of the number 
of North Koreans inside China range from tens of thousands to 
300,000. Many, and probably most, border-crossers enter China 
temporarily to obtain food or earn money before returning to 
North Korea. A significant number of North Koreans are seeking 
to leave North Korea indefinitely, hoping to remain in China or 
to make their way to third countries, primarily South Korea. 
Some of those have suffered severe political or religious 
repression. Statistics regarding these issues are inevitably 
anecdotal and imprecise because the Government of China refuses 
to allow the UN High Commissioner for Refugees (UNHCR) access 
to North Koreans inside China to evaluate and identify genuine 
refugees among the migrant population. H.R. 4011 does not 
presume that all North Koreans inside China are refugees, but 
attempts to promote those escapees' access to officials 
competent to make such determinations.
    Except for those North Koreans who find their way into 
foreign diplomatic compounds, China routinely and forcibly 
returns to North Korea whatever border-crossers it catches, 
uniformly characterizing them as ``illegal economic migrants.'' 
In the past few years, China reportedly has cracked down on 
North Korean migrants and stepped up the pace of its 
deportations, both as part of its periodic ``Strike Hard'' 
anti-crime campaigns and in response to some high-profile 
embassy escapes in 2002. The Committee also notes with concern 
the report, presented in testimony at a recent hearing, that a 
North Korean escapee who was attempting to flee across the 
Chinese border into Mongolia was shot in the back and killed by 
a Chinese border guard on April 2, 2004.
    When considering these issues, it is necessary to 
distinguish China's right to secure its borders from its 
obligation not to repatriate people who face a well-founded 
fear of persecution (an obligation that both the United States 
and China share as parties to the 1951 UN Convention on the 
Status of Refugees and its 1967 Protocol). China's forced 
repatriation of North Koreans and its refusal to allow UNHCR 
access to North Korean migrants are particularly egregious 
because China is not merely a party to the Refugee Convention; 
it is also a member of UNHCR's Executive Committee (EXCOM).
    The Committee would like to highlight that, with regard to 
China, H.R. 4011 is not solely critical, it is also 
aspirational. As underscored in sections 203 and 305(a)(4), the 
United States and the international community stand ready to 
provide more assistance to help defray the costs associated 
with the North Korean refugee presence when China begins 
fulfilling its obligations as a party to the 1951 UN Refugee 
Convention. We genuinely hope for that opportunity.
    North Koreans captured by China and returned into the hands 
of North Korean authorities face a broad range of maltreatment. 
In less severe cases, many returnees who had crossed into China 
looking for food (and whose cases do not raise other concerns 
for North Korean authorities) are subjected to detention (that 
may include shackling, beatings, or other torture) for a period 
of days, weeks, or months before they are released. Some of 
those people turn up again inside China.
    Being returned to North Korea is far more dangerous for 
others. Active-duty military and Party members who have fled 
into China are likely to be executed upon their return. North 
Koreans who are attempting to escape to third countries (other 
than China) are either executed or sent to a political prison 
camp. Religious believers, repeat border-crossers, and refugees 
who have had contact with South Korean or Christian 
organizations while they were in China also face severe 
treatment, which may include torture, execution, or internment 
in a political prisoner camp. Pregnant returnees are routinely 
forced to submit to abortion, or their children are killed at 
birth, because authorities fear that the progeny of non-Korean 
fathers will pollute the purity of the Korean people (minjok).
    Because of their illegal status and their lack of access to 
international refugee protection, North Korean women and girls 
are particularly vulnerable to exploitation inside China. Large 
numbers are trafficked into prostitution or sold as ``brides'' 
to Chinese husbands. Many are physically abused. Some who 
escape from those coercive relationships are captured and re-
sold multiple times.
    The principal responsibility for North Korean refugee 
resettlement naturally falls to the Government of South Korea, 
and South Korea will likely remain the destination of choice 
for most escaping North Koreans. In addition to sharing a 
language, ethnicity, and history (and in many cases family 
ties) with their countrymen in the South, North Koreans who 
make it to the Republic of Korea receive a package of publicly 
funded benefits that includes a significant, one-time 
Settlement Fund payment (currently around $30,000 U.S. for a 
single defector). Approximately 1,200 North Koreans per year 
entered South Korea in each of 2002 and 2003. The pace so far 
this year is roughly similar.
    At the same time, the United States should play a 
leadership role in focusing international attention on the 
plight of these refugees and formulating international 
solutions to their profound humanitarian dilemma. Along those 
lines, the United States should consider accepting an 
unspecified but credible number of North Korean refugees for 
domestic resettlement in the United States. As a nation of 
immigrants, the United States has maintained a generous, 
humanitarian solicitude toward displaced and persecuted people, 
as reflected by its longstanding refugee and asylum programs. 
In addition, the United States is home to a substantial and 
successful Korean-American community of over one million--the 
largest Korean population outside of Korea--many of whom have 
family ties to North Korea. Finally, such a forward-leaning 
approach is important, not merely for the integrity of U.S. 
refugee policy, but also to demonstrate our good faith in 
humanitarian burden-sharing. At present, North Korea is 
externalizing the human costs of its failures into China. To 
the extent that the United States hopes to credibly encourage 
China to be more hospitable toward North Korean refugees, we 
should be prepared to do likewise.
    However, the present, perverse reality is that some of the 
world's most vulnerable refugees, who are fleeing perhaps the 
world's most repressive regime, do not have effective access to 
U.S. refugee and asylum processing. This is primarily due to 
the fact that UNHCR is not allowed to operate freely inside 
China. Thus, North Koreans inside China do not have the ability 
to seek a UNHCR status determination--the usual prerequisite to 
being considered by the U.S. refugee program. However, even in 
the few cases where North Koreans have made it into U.S. 
diplomatic facilities and requested direct processing by U.S. 
officials for relocation to the United States, those requests 
were denied. According to witness testimony at a recent 
hearing, some North Koreans who escaped into U.S. diplomatic 
compounds have claimed that they were pressured and misled into 
abandoning their requests for processing for resettlement in 
the United States, in favor of resettlement in South Korea. If 
true, those precedents should not be repeated.
    At the same time that the status quo is unacceptable, the 
Committee recognizes that assessing members of the North Korean 
migrant population presents unique challenges. North Korea's 
antagonistic disposition toward the United States raises 
genuine security concerns. Even average North Koreans who are 
not government agents have been subjected to extensive 
indoctrination hostile to the United States. Unlike refugees 
from the former Communist bloc of Eastern Europe, the North 
Korean people do not yet broadly share the idea of America as a 
beacon of freedom. Furthermore, the United States possesses 
limited information regarding facts and circumstances inside 
North Korea. U.S. assessments of defector claims would probably 
benefit from and possibly require a significant level of 
coordination with South Korean intelligence services. For all 
of these reasons, H.R. 4011 does not in any way detract from 
the Department of Homeland Security's obligation and authority 
to assess North Koreans seeking entry to the United States on a 
case-by-case basis. Indeed, such requirements may present 
natural limits to the number and pace of North Korean refugee 
admissions into the United States. But those challenges should 
be regarded as just that: challenges to be addressed, rather 
than reasons for inaction.

                                Hearings

    In addition to multiple hearings dealing with North Korean 
issues more generally, the Committee's Subcommittee on Asia and 
the Pacific held 1 day of hearings on H.R. 4011 on April 28, 
2004. Testimony was received from four expert witnesses 
representing four organizations, as well as from four North 
Korean defectors and refugees. In addition, during the 107th 
Congress, the Subcommittee held 1 day of hearings focused 
specifically on North Korean humanitarian, human rights, and 
refugee issues, on May 2, 2002. At that hearing, testimony was 
received from five private sector witnesses, and three North 
Korean defectors and refugees.

                        Committee Consideration

    On March 31, 2004, the Committee met in open session and 
ordered favorably reported the bill H.R. 4011 with an amendment 
by unanimous consent, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 4011, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 13, 2004.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4011, the North 
Korean Human Rights Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Joseph C. 
Whitehill, who can be reached at 226-2840.
            Sincerely,
                                        Douglas Holtz-Eakin

Enclosure

cc:
        Honorable Tom Lantos,
        Ranking Member.
H.R. 4011--North Korean Human Rights Act of 2004.

                                SUMMARY

    H.R. 4011 would express Congressional concern about the 
human rights of North Koreans and authorize funding for 
assistance to North Koreans and to organizations promoting 
human rights in that region. The bill would authorize the 
appropriation of $124 million each year over the 2005-2008 
period to:

         LProvide humanitarian assistance to North 
        Koreans inside North Korea;

         LProvide grants to private, nonprofit 
        organizations to promote human rights, democracy, rule 
        of law, and the development of a market economy in 
        North Korea;

         LIncrease the availability of information 
        inside North Korea; and

         LProvide humanitarian or legal assistance to 
        North Koreans who have fled North Korea.

    CBO estimates that implementing the bill would cost $69 
million in 2005 and $464 million over the 2005-2009 period, 
assuming the appropriation of the authorized amounts.
    The bill also would provide certain immigration protections 
and benefits to North Koreans who have been persecuted by the 
North Korean regime. H.R. 4011 would affect the Bureau of 
Citizenship and Immigration Services (CIS) fees and direct 
spending, and direct spending for federal benefits to refugees, 
however, CBO estimates those amounts would be insignificant.
    H.R. 4011 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no significant costs on state, local, or 
tribal governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 4011 is shown in the 
following table. The estimate assumes that the bill will be 
enacted late in 2004 and that the authorized amounts will be 
provided in annual appropriation acts. The costs of this 
legislation fall within budget function 150 (international 
affairs).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                              2004     2005     2006     2007     2008     2009
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION \1\
Spending Under Current Law for Assistance to the North           36        0        0        0        0        0
  Korean People
  Budget Authority \2\
  Estimated Outlays                                              35       16        6        2        1        0

Proposed Changes                                                  0      124      124      124      124        0
  Authorization Level
  Estimated Outlays                                               0       69      104      116      121       54

Spending Under H.R. 4011 for Assistance to the North             36      124      124      124      124        0
 Korean
  People
  Authorization Level \2\
  Estimated Outlays                                              35       85      110      118      122       54
----------------------------------------------------------------------------------------------------------------
\1\ H.R. 4011 also could increase the cost and the amount of fees collected by the Bureau of Citizenship and
  Immigration Services (CIS), but CBO estimates the net impact on CIS direct spending would be negligible. CBO
  also estimates H.R. 4011 could increase direct spending for federal benefits to refugees but the spending
  increase would not be significant.
\2\ The 2004 level is the amount appropriated for that year.

                           BASIS OF ESTIMATE

    H.R. 4011 bill would authorize the appropriation of funds 
in each year over the 2005-2008 period to provide humanitarian 
assistance to the people of North Korea and would provide 
certain immigration protections and benefits to North Koreans 
who have been persecuted by the North Korean regime; thus, the 
bill would affect both spending subject to appropriation and 
direct spending.
Spending Subject to Appropriation
    The United States provides no assistance to the government 
of North Korea; however, in 2004, the United States is 
providing about $35 million in food-aid to the people of North 
Korea through the United Nations World Food Program. According 
to the State Department, the government also provides a small 
amount of assistance (about $1 million) to nongovernmental 
organizations for human rights activities and to assist North 
Koreans outside North Korea.
    The bill would authorize the appropriation for each year 
over the 2005-2008 period of the following amounts: $100 
million for humanitarian assistance provided in North Korea, 
$20 million for humanitarian or legal assistance to North 
Koreans who are outside of North Korea without the permission 
of the government of North Korea, $2 million for grants to 
nongovernmental organizations to promote human rights, 
democracy, rule of law, and the development of a market economy 
in North Korea; and $2 million to promote access to information 
inside North Korea. The bill does not specify which federal 
program would receive these funds. For this estimate, CBO 
assumes that assistance to North Koreans inside North Korea 
would be provided as food-aid, that assistance to North Koreans 
outside North Korea would be provided as migration and refugee 
assistance, and that the other assistance would be provided 
through grants to the National Endowment for Democracy or other 
agencies. We used historical spending rates for those programs 
to estimate outlays.
Direct Spending
    Title III of H.R. 4011 would streamline the process for 
North Koreans who have been persecuted by the North Korean 
regime to apply for refugee status in the United States. The 
bill also would permit some of these persons, after living in 
the United States for at least one year, to apply for permanent 
U.S. residence. In addition, H.R. 4011 would allow North 
Koreans already present in the United States to apply for 
temporary protected status, which would permit them to remain 
and work here.
    The CIS does not charge fees to adjudicate refugee 
applications, so enacting H.R. 4011 could increase the agency's 
net costs to carry out these activities. However, CBO estimates 
that the bill would not significantly affect CIS spending on 
refugee programs because of the small number of North Koreans 
likely to be affected.
    In addition, enacting H.R. 4011 could increase the amount 
of fees collected by CIS to grant permanent residence, 
temporary protected status, and work permits. The agency would 
spend the fees (without appropriation action), mostly in the 
year in which they were collected, so enacting the bill would 
result in a negligible net impact on CIS spending for these 
activities.
    Finally, some of the new refugees could become eligible for 
certain federal benefits such as Food Stamps and Medicaid, but 
CBO estimates the numbers of new entrants would be small and 
that any increase in direct spending for benefit programs would 
not be significant.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 4011 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no significant 
costs on state, local, or tribal governments.

                    Performance Goals and Objectives

    H.R. 4011 will promote: increased protection for the human 
rights of the people of North Korea; increased protection for 
North Korean refugees; and greater transparency and access for 
the delivery of humanitarian aid to the people of North Korea.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 18 of the 
Constitution.

                      Section-by-Section Analysis

    The preamble of the bill contains: detailed findings that 
describe humanitarian and human rights conditions inside North 
Korea, and the plight of North Korean refugees; declarations of 
purpose; and definitions of terms used in the act.

          TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

    Sec. 101. Sense of Congress Regarding Negotiations with 
North Korea--Expresses the sense of Congress that negotiations 
with North Korea and other parties in Northeast Asia should 
include the human rights of North Koreans as a key element.
    Sec. 102. Support for Human Rights and Democracy Programs--
Authorizes $2 million for each of the fiscal years 2005-2008 to 
support programs by private, nonprofit organizations to promote 
human rights, democracy, rule of law, and a market economy in 
North Korea.
    Sec. 103. Broadcasting into North Korea--Expresses the 
sense of Congress that the U.S. should increase radio 
broadcasts into North Korea by Radio Free Asia and Voice of 
America, and requires a report detailing the technical and 
fiscal requirements needed to increase those broadcasts to 12 
hours per day.
    Sec. 104. Actions to Promote Freedom of Information--
Authorizes $2 million for each of the fiscal years 2005-2008 to 
increase the availability of non-government-controlled sources 
of information (such as radios capable of receiving outside 
broadcasts) to North Koreans, and requires a classified report 
to Congress on such activities.
    Sec. 105. United Nations Commission on Human Rights--Notes 
the role of the Commission in promoting improved human rights 
in North Korea, and urges additional North Korea-specific 
attention by the Commission, its working groups, and 
rapporteurs.

               TITLE II--ASSISTING NORTH KOREANS IN NEED

    Sec. 201. Report on United States Humanitarian Assistance--
Requires the State Department and USAID to report annually (for 
the next 3 years) on (1) U.S. humanitarian assistance to North 
Koreans, (2) any improvements in humanitarian transparency and 
monitoring inside North Korea, and (3) specific efforts by the 
U.S. and U.S. grantees to secure better monitoring and access.
    Sec. 202. Assistance Provided Inside North Korea--This 
section:
    (a) Authorizes an increased amount (not less than $100 
million per year) for humanitarian assistance provided inside 
North Korea through NGOs and the World Food Program, but 
expresses the policy that any such increases should be 
conditioned upon substantial improvements in transparency, 
monitoring, and access.
    (b) Prohibits U.S. humanitarian assistance directly to the 
North Korean government until North Korea takes steps to ensure 
that such aid is distributed, provided, and monitored 
throughout the entire country according to internationally 
recognized humanitarian standards;
    (c) Prohibits U.S. nonhumanitarian assistance directly to 
the North Korean government until it has made substantial 
progress toward respecting basic human rights, providing for 
family reunification, resolving abductee cases, reforming its 
prison camp system, and decriminalizing political expression; 
and
    (d) Allows the President to waive the prohibitions in (b) 
and (c) for national security reasons, after reporting to 
Congress the scope and purpose of such waiver.
    Sec. 203. Assistance Provided Outside North Korea--
Authorizes $20 million for each of the fiscal years 2005-2008 
for humanitarian and legal assistance to North Korean refugees, 
orphans, and trafficking victims.

              TITLE III--PROTECTING NORTH KOREAN REFUGEES

    Sec. 301. U.S. Policy Toward Refugees and Defectors--
Requires a one-time report from Executive Branch agencies 
describing the North Korean refugee situation and explaining 
U.S. policy toward North Korean refugees and defectors. The 
information and estimates required by subsection 301(b)(1) are 
intended to be general aggregates, not specific, identifying 
information that would put particular refugees at risk of 
discovery and apprehension.
    Sec. 302. Eligibility for Refugee or Asylum Consideration--
Clarifies that North Koreans are eligible to apply for U.S. 
refugee and asylum consideration (as anyone else is), and are 
not preemptively disqualified by any prospective claim to 
citizenship they may have under the South Korean constitution. 
This does not change U.S. law but makes it clearer, explicitly 
endorsing the approach of U.S. Immigration Courts in 
proceedings involving North Koreans, in which their asylum 
claims were adjudicated with reference to the actual 
circumstances they face inside North Korea. It is meant to put 
to rest the erroneous opinion (proposed by some State 
Department personnel) that, because North Koreans may be able 
to claim citizenship if and when they relocate to South Korea, 
they must be regarded as South Koreans for U.S. refugee and 
asylum purposes, irrespective of whether they are able or 
willing to relocate to South Korea.
    Sec. 303. Refugee Status--Designates North Koreans who have 
been persecuted by the North Korean regime as a ``Priority 2'' 
group of special humanitarian concern to the U.S., which allows 
them to apply for U.S. refugee consideration without need of a 
UNHCR referral. In usual practice, in order to be considered by 
the U.S. refugee program, a person is referred by UNHCR, which 
accords that person ``Priority 1'' status. However, North 
Koreans in China do not have access to UNHCR. Priority 2 status 
is given to identified groups of special humanitarian concern 
to the U.S., and currently applies to: Cubans persecuted by the 
Cuban government; Jews and Evangelicals in the Former Soviet 
Union; former reeducation camp detainees in Vietnam; certain 
Iranian religious minorities; and others. Priority 2 
designation does not confer the right to resettle in the U.S. 
as a refugee, but merely allows one to apply to the U.S. for 
refugee consideration. This bill does not raise the cap on U.S. 
refugee admissions (currently around 70,000).
    Sec. 304. Pursuit of First Asylum Policy--Expresses the 
sense of Congress that the U.S. should pursue an international 
agreement to adopt an effective ``first asylum'' policy to 
guarantee safe haven to North Korean refugees until conditions 
in North Korea allow for their return. (``Countries of first 
asylum'' are states that usually border the refugees' country 
of origin, to which they flee in the first instance.)
    Sec. 305. United Nations High Commission for Refugees--
Notes China's obligations to provide UNHCR with access to North 
Koreans in China, urges UNHCR donor countries to press China 
for such access, urges the UNHCR to use professionals and NGOs 
with proven expertise in aiding North Koreans in China, and 
urges the UNHCR to assert its right to arbitration with China 
in an effort to secure access to North Koreans in China.
    Sec. 306. Humanitarian Parole--Parole is an approved entry 
into the U.S. without a visa, which the Secretary of Homeland 
Security can authorize on a case-by-case basis for urgent 
humanitarian reasons or significant public benefit. However, 
because of a systemic preference for processing refugees 
through the refugee program, parole is not available to 
refugees unless there is a compelling reason in the public 
interest. Because most North Korean refugees do not have 
effective access to the U.S. refugee program, this section 
affirms such a compelling reason in the public interest with 
regard to persecuted North Koreans, thus facilitating the 
Secretary's ability to approve parole for North Korean refugees 
on a case-by-case basis. The bill does not mandate the parole 
of any North Korean into the U.S., and does not in any way 
limit the authority of the Secretary of Homeland Security to 
condition and regulate the entry of North Korean parolees.
    Sec. 307. North Korean Status Adjustment--Allows North 
Koreans admitted or paroled into the United States to apply to 
adjust their legal status to ``immigrant'' (a.k.a. permanent 
resident) status after remaining in the U.S. for 1 year, as 
refugees are allowed to do. This is available only to those 
who: (1) apply for status adjustment within 18 months of entry; 
(2) are eligible to receive an immigrant visa; and (3) have 
cooperated with the U.S. Government.
    Sec. 308. Temporary Protected Status--Declares that until 
North Korea's record on human rights, trafficking, and 
terrorism improves, conditions exist that prevent the safe 
return of North Koreans to that country, thus making North 
Koreans who are already present in the U.S. eligible for 
temporary protected status (TPS), which allows them to stay and 
work in the U.S. until conditions change. Other TPS countries 
include Burundi, El Salvador, Honduras, Liberia, Nicaragua, and 
others. This section also expresses the sense of Congress that 
the U.S. should encourage countries that neighbor North Korea 
to adopt similar humanitarian measures.
    Sec. 309. Right to Accept Employment--Allows North Korean 
asylum applicants in the U.S. to accept employment so they are 
able to support themselves and not burden others.
    Sec. 310. Annual Reports--Requires annual reports (for the 
next 5 years) that include (a) the numbers of North Koreans 
admitted pursuant to the provisions of this title, and (b) 
information on measures taken to facilitate access to the U.S. 
refugee program by persons fleeing countries of particular 
concern for violations of religious freedom.

                        New Advisory Committees

    H.R. 4011 does not establish or authorize any new advisory 
committees.

                    Congressional Accountability Act

    H.R. 4011 does not apply to the legislative branch.

                            Federal Mandates

    H.R. 4011 provides no Federal mandates.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

           SECTION 208 OF THE IMMIGRATION AND NATIONALITY ACT

                                 ASYLUM

    Sec. 208. (a)  * * *

           *       *       *       *       *       *       *

  (d) Asylum Procedure.--
          (1)  * * *
          (2) Employment.--An applicant for asylum is not 
        entitled to employment authorization, but such 
        authorization may be provided under regulation by the 
        [Attorney General] Secretary of Homeland Security. An 
        applicant who is not otherwise eligible for employment 
        authorization shall not be granted such authorization 
        prior to 180 days after the date of filing of the 
        application for asylum. 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.

           *       *       *       *       *       *       *