North Korean Human Rights Reauthorization Act of 2008

Mr. Speaker, I would like to yield myself such time as I may consume.

I rise in strong support, also, of H.R. 5834, the North Korean Human Rights Reauthorization Act, which I introduced with my good friend from California, the chairman of our committee, Howard Berman, earlier this Congress. We passed this bill, Mr. Speaker, 4 months ago in a strong demonstration of this body's continued commitment to human rights, to transparent humanitarian assistance, and to refugee protection for the people of North Korea.

On Monday, the Senate followed our bipartisan lead and unanimously supported this bill with minor modifications, which is why we are taking it up again today.

I would like to thank Chairman Biden and Ranking Member Lugar and their staffs for their input and their assistance. Special thanks to my friend, Senator Sam Brownback, for his long-standing leadership on the issues of North Korea human rights, and his efforts were instrumental in securing a successful outcome in the Senate.

During our initial House floor debate in May, Mr. Speaker, we discussed the dire traumas that the North Korean regime has perpetrated against its own people during the past half century.

Rather than recount the horrific circumstances which compelled me to draft this bill, I would instead like to focus today on some of the important clarifications contained in this legislation.

Over the past 4 years, in oversight hearings, in meetings and official letters, Members have expressed their dissatisfaction with the executive branch implementation of the North Korean Human Rights Act of 2004.

In the words of the report of the Foreign Affairs Committee on this bill, it has been ``too slow and too weak,'' and the purposes set forth in section 4 of the original act remain largely unrealized.

After enactment, the administration delayed appointment of the special envoy for nearly 8 months, 4 months after the envoy was required to file a report to Congress under the act, a deadline that was ignored. Since then, the special envoy has never filled that position on more than a part-time basis.

Mr. Speaker, House Members were genuinely surprised by that limited time commitment, which did not track with the broad duties and responsibilities assigned to the envoy and the ambitious purposes of that law. Congress has also repeatedly noted our disappointment with the inadequate pace of the North Korean refugee admissions during the past 4 years.

Even though title 3 of the act clarified North Korean eligibility for U.S. resettlement and required the Secretary of State to facilitate the submission of those refugee applications, fewer than 70 of the more than 150,000 refugees resettled here since then have been North Koreans.

Many North Koreans have been deterred or have abandoned their claims for U.S. resettlement because of the extremely long wait caused by the resistance and the delay of foreign governments, as well as the slow pace of our own screening.

One poignant case, Mr. Speaker, followed by our committee staff involved the family of three North Koreans, a husband, a wife, and their young son. That family lived a vulnerable and depressing existence in Southeast Asia, confined largely to a single room for more than 2 years while awaiting completion of the U.S. process. Even though the mother was battling cancer, they persisted in the resettlement process because she believed that life in America would provide the most freedom and opportunity for her son.

This summer, after a personal appeal by Chairman Berman and me, they were finally allowed to leave that Third Country and travel halfway around the world to their new home in Virginia. After years of heroic patience, the mother lived just long enough to deliver her son safely to this land of new promise. She died less than 2 weeks after their arrival.

The United States must intensify our diplomacy with foreign nations on these issues, Mr. Speaker, and work more cooperatively with our ally South Korea, which admirably continues to bear the overwhelming bulk of the refugee resettlement numbers.

To help address these deficiencies, H.R. 5834 clarifies and strengthens the role of the special envoy. It makes the special envoy for North Korean human rights an ambassadorial-rank position to ensure that the envoy has ample stature to pursue his or her duties with foreign governments, as well as to promote the priorities of the act within the Department of State.

This bill makes clear that the envoy position is to be ``a full-time position . . . as intended by the North Korean Human Rights Act of 2004.''

When combined with the requirement of the original act that the envoy ``be a person of recognized distinction in the field of human rights,'' the bill before us eliminates any misconception that the position may be a part-time undertaking, or a second hat worn by a Foreign Service officer with other, more important, supposedly, duties.

This bill also makes clear that the envoy's mandated concerns include the protection of North Korean refugees.

Finally, Mr. Speaker, the bill inserts a new paragraph at the very top of the special envoy's statutory duties that confirms the envoy's role in the formulation and implementation of the full

range of activities under the North Korean Human Rights Act, which includes, in the words of the act: ``Promoting the Human Rights of North Koreans''; ``Assisting North Koreans in Need''; and ``Protecting North Korean Refugees.''

The people of North Korea face some of the most severe repression on the planet.

I am proud of the work that our Congress began 4 years ago to help their plight, and I thank my friend Chairman Berman, our bipartisan cosponsors, and the numerous nongovernmental organizations who have worked with us to extend and improve the North Korean Human Rights Act.

I urge unanimous support for this measure.

Mr. Speaker, I reserve the balance of our time.

General Leave

Mr. Speaker, to help explain the intent behind the full-time special envoy requirement in this bill, I would like to insert into the Record a brief excerpt from the Background and Purpose section of House Report 110-628 submitted to the House by Chairman Berman.

North Korean Human Rights Reauthorization Act of 2008

Mr. Speaker, I yield myself such time as I may consume.

I'm pleased that we're taking up H.R. 5834, the North Korean Human Rights Reauthorization Act that I introduced last month with my dear friend and partner, Congressman Berman of California.

Informed by the experience of the past 4 years, this bill reauthorizes and makes minor revisions to the North Korea Human Rights Act of 2004. That law captured the strong, bipartisan consensus in favor of promoting human rights, transparent humanitarian assistance, and refugee protections for the people of North Korea.

The people of North Korea continue to suffer some of the worst conditions imaginable. The totalitarian regime does not permit meaningful political freedom, nor religious liberty, and requires cult- like devotion to the Kim dynasty. It crushes any who dare to dissent.

The vast North Korean gulag holds an estimated 200,000 men, women and children in brutal, sub-human conditions where entire families are tortured, abused and worked to death.

The centrally directed economy that exacerbated the North Korean famine of the 1990s, which killed somewhere between 1 and 3 million people, continues to threaten the basic welfare of the population.

The scores of North Korean women and girls who flee into China are vulnerable to repeated trafficking, sexual abuse, and exploitation. If they are pregnant when repatriated, they are routinely subjected to forced abortions by North Korean officials, often by vicious, physical beatings.

Trying to sweep the refugee problem under the rug before the 2008 Olympics, China has dramatically raised the bounty that it pays for North Korean border crossers, and routinely repatriates refugees to North Korea where they are sure to face prison, torture, and sometimes even execution.

In an attempt to deter escape, the North Korean regime has been stepping up its executions of people involved in border crossings. They execute them at public gatherings, where attendance by the local population, including children, is required.

On February 20 of this year, North Korean officials in Onsung County made their point by shooting and killing 13 women in front of the assembled community. Tragically, these atrocities are common in North Korea. We should, therefore, not be surprised when a dictatorship so willing to brutalize its own people is proven untrustworthy and dangerous in its dealings with the outside world.

Whether the issue is human rights, missiles or nuclear proliferation, the only consistent interest of the current North Korean regime is the continuation of the current North Korean regime. It holds no value and no regard

for human life or the welfare of humanity as a whole.

In an effort to help address the grim situation endured by the North Korean people, this bill extends key authorities of the original North Korean Human Rights Act for an additional 4 years, such as funding for humanitarian assistance to North Korean refugees and trafficking victims, efforts to increase freedom of information inside North Korea, support for democracy and human rights activities, and reporting requirements regarding implementation of this act.

It also attempts to energize the United States' anemic North Korean refugee admissions, and clarifies and strengthens the role of the Special Envoy, which Congress intended to be a full-time position within the Department of State to champion better policy making on North Korean human rights, humanitarian, and refugee issues.

The United States is home to the largest ethnic Korean community outside of the Korean Peninsula, and many of our 2 million Korean- American constituents have family ties to North Korea. Our Nation also has the largest refugee resettlement program in the world by far and has resettled approximately 150,000 refugees from around the world since the year 2004, when the act became law. But over the past 4 years, Mr. Speaker, the United States has settled fewer than 50 North Koreans, notwithstanding the clear mandate of section 303 of the act directing the Secretary of State to facilitate North Korean refugee applications. This is an embarrassment, and it is not in keeping with the intent of Congress in passing the North Korean Human Rights Act.

More North Koreans have approached the United States seeking resettlement, but many have been deterred or have abandoned their pursuit because of extended delays that sometimes continue even after they have passed U.S. security screening. A group of increasingly desperate North Korean refugees, some of whom have been awaiting U.S. resettlement for over 2 years, recently carried out a hunger strike to draw attention to their extended limbo. This situation, which continues despite the good work from our regional refugee coordinators, requires persistent, high-level diplomacy by senior executive branch officials to secure permission from more foreign countries to allow us to process refugees, and prompt exit visas when those North Koreans are ready to leave for the United States.

I want to thank my good friend, Chairman Berman, and our original cosponsors from both sides of the aisle for their commitment to this important issue, including my friend, Congresswoman Sheila Jackson-Lee, whose language on North Korean refugees in China was added to section 3 of the bill.

I urge unanimous consent for this measure. And I hope that we can work together to get this bill through to the other body and onto the President's desk.

With that, Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I would like to yield such time as he may consume to my friend from California (Mr. Royce), the ranking member on the Subcommittee on Terrorism, Nonproliferation, and Trade.

Mr. Speaker, I yield back the balance of my time.

Mr. President, I am pleased that the Senate is considering H.R. 5834, a bill to reauthorize the North Korea Human Rights Act. The act underscores U.S. concern about the poor human rights conditions inside North Korea and the difficulties faced by thousands of North Koreans who have fled the country and become refugees. I support this bill because I believe our Government's approach to North Korean human rights and refugee issues must be seamlessly integrated into a coherent strategy that promotes regional peace and stability, advances core U.S. national security interests by verifiably eliminating North Korea's pursuit of nuclear weapons, and step by step encourages North Korea to adhere to international norms in the areas of human rights, security, and trade.

It is essential that the United States reach out and begin a dialogue with North Korea on issues related to basic human rights. Four years ago, I was proud to work with my colleague, Senator Brownback of Kansas, on an amendment to the North Korean Human Rights Act that created within the Department of State a Special Envoy for Human Rights in North Korea. In reauthorizing the act, the Congress expresses its intent that the envoy should be a full-time employee, and Congress elevates the post to the rank of ambassador, subject to the advice and consent of the Senate. The incumbent special envoy has pursued his duties part-time while residing outside of Washington, making coordination with the Department more difficult and limiting the overall effectiveness of his diplomatic efforts. By expressing the sense of the Congress that the new ambassador should be a full-time position, the Congress does not preclude the possibility that the President may find it desirable to nominate as ambassador an individual who already has other duties closely related to those to be pursued by the Ambassador for North Korean Human Rights Issues. Indeed, such dual assignments are not uncommon within the State Department.

The bill acknowledges that the new Ambassador for North Korean Human Rights Issues should be able to participate in policy planning and implementation with respect to refugee issues, particularly given the fact that returning refugees are among those most likely to be persecuted by North Korean authorities. But it is my expectation that the State Department's Bureau of Population, Refugees, and Migration (PRM) will continue to play the leading role on North Korean refugee issues, engaging with China and other nations to ensure humane treatment in accordance with international norms. PRM has the staffing, expertise, congressional authorization, and experience needed to spearhead U.S. efforts in this area, and they should continue to do so.

The new Ambassador for North Korean Human Rights Issues will have to approach the job with quiet determination and considerable patience. Discussing human rights issues with North Korean authorities will not be easy, and the new ambassador will need to have both excellent diplomatic skills and a deep understanding of East Asia and the particular circumstances on the Korean Peninsula. Change will not come easily, and is more likely to flow from dialogue and engagement than from bombast and condemnation.

There are many issues on the table, ranging from family reunification visits for the thousands of Korean-Americans with relatives in the north, to ending the persecution of people of faith inside North Korea. Other humanitarian issues may also enter the mix, including food security and public health. It is my hope that the new ambassador will work with our treaty ally, South Korea, and with other countries neighboring North Korea to craft an approach to human rights issues that can, step by step, see an improvement in the lives of average North Koreans and compassionate care for those who have fled the country. In this effort, the ambassador may find it useful to draw appropriate lessons from the Helsinki process in Europe, but ultimately the approach will have to be one that is specifically tailored to the North Korean situation.

As Congress passes this legislation, we must not lose sight of the fact that members of the Bush administration are toiling to convince North Korea to resume the disablement of its nuclear facilities and to agree to a verification mechanism for its nuclear declaration. These efforts are of vital importance. It is regrettable that progress has been derailed over a dispute about sanctions relief and the verification protocol. North Korea should understand that if Pyongyang honors its commitments, we stand ready to honor ours. On the basis of action-for-action, I hope the United States and North Korea, along with other members of the Six Party Talks, will work to accomplish the denuclearization of the Korean Peninsula and the full integration of North Korea into the community of nations. In exchange for the complete and verifiable elimination of its nuclear weapons programs, North Korea stands to receive energy assistance, sanctions relief, and security assurances from the United States and other members of the Six Party Talks. I look forward to the day when North Korea is truly at peace with its neighbors and enjoys normal relations with the United States. It is a future that is within North Korea's grasp if it abandons its pursuit of nuclear weapons.

Mr. Speaker. I rise today in support of H.R. 5834, the North Korean Human Rights Reauthorization Act of 2008, introduced by my colleague Congresswoman Ros-Lehtinen. I believe that this legislation makes important improvements to the North Korean Human Rights Act, passed in 2004.

Mr. Speaker, between 1994 and 1998, about 2.5 million people died during a period of famine in North Korea. During this period, large numbers of North Koreans began crossing the border to China in search of refuge. At current count, the U.S. State Department estimates some 30,000-50,000 North Korean refugees currently live in China, while some non-governmental organizations put this figure as high as 300,000. Also according to the State Department, those North Koreans who are repatriated face harsh punishments, ranging from forced labor to execution.

Despite China's obligations under international refugee law, China continues to view North Koreans resident in China as economic migrants rather than political refugees, and, on this basis, refuses to grant U.N. agencies, including the U.N. Refugee Agency (UNHCR), access to these populations. Also because of its refusal to recognize North Koreans as refugees, China has argued that, under a bilateral 1986 repatriation agreement with North Korea, it must return all border crossers. While at times this bilateral agreement has, in practice,

been ignored, The government of China is actively locating and deporting border-crossers back to North Korea.

The practice of returning North Koreans who have fled to China is particularly worrisome, because, under the North Korean judicial system, to leave the country without state permission is considered as an act of treason. North Koreans who flee to neighboring nations, including China, face a high risk of execution should they ever return.

Mr. Speaker, North Korea is an extremely closed society, and millions of North Koreans live in desperate conditions. The regime is classified by Human Rights Watch as being ``among the world's most repressive.'' The government controls virtually all aspects of life, and political, economic, and religious freedoms are nonexistent. Without guarantees of due process and fair trials, citizens live in fear of arbitrary arrest, and of torture and execution by the state. The state controls all access to information, utilizing their control of the media to manipulate the population. Following the famine of 1994-1998, food shortages persist, and many residents are to this day suffering from hunger.

Large numbers of North Koreans have fled these conditions, a significant percentage of which would likely fit the legal definition of refugees. The percentage of these refugees who are women is strikingly high, with recent estimates putting the figure potentially as high as 75%, an enormous increase from an estimated 20% only four to five years ago, though the reasons for this trend are unclear. Female refugees throughout the world face specific challenges, and, in China, any children born to North Korean women face an extremely uncertain future.

In 2004, Congress passed the North Korea Human Rights Act with overwhelming bipartisan support, in an effort to refocus U.S. attention on the people of North Korea. This legislation provided humanitarian assistance to the North Korean people, as well as improved access to information through radio broadcasts and other activities and resources to help refugees fleeing the oppressive regime. This legislation also required the President to appoint a special envoy on North Korea.

This legislation that we are considering reauthorizes this important bill, extending the North Korean Human Rights Act through fiscal year 2012. This doubles the original funding authorization for human rights and democracy programs enhancing the role of the special envoy position, making it a full-time ambassadorial rank post.

I believe that this bill makes necessary improvements upon the original North Korean Human Rights Act of 2004. I am a tireless advocate for human rights worldwide as my continual involvement in promoting human rights for countries such as Syria, Iran, Sudan, and Vietnam is a testament of my dedication towards human rights. I believe those fleeing North Korea should be provided with vital support and aid by the United States Government.

Mr. Speaker, this legislation makes an important statement about Congress's commitment in addressing violations of human rights, wherever they occur. I urge my colleagues to join me in support of this legislation in giving these people hope in humanity.

Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 5834) to amend the North Korean Human Rights Act of 2004 to promote respect for the fundamental human rights of the people of North Korea, and for other purposes.

Mr. Speaker, I rise in strong support of this resolution, and I yield myself as much time as I may consume.

I wanted to first thank our colleague and the ranking member of the Committee on Foreign Affairs, Ms. Ileana Ros-Lehtinen of Florida, who introduced this important legislation.

Mr. Speaker, the human rights situation in North Korea remains one of the bleakest on the planet. This is an extraordinarily important piece of legislation which speaks to some extraordinary abuses of human rights in North Korea.

As we speak, millions of North Koreans live in desperate conditions; political, economic, and religious freedoms are nonexistent, and many are starving and undernourished and live in fear of arbitrary arrests when they know they may be tortured or executed.

The North Korean government knows that access to information outside the country is a threat to the regime's control, and so it maintains an absolute grip over all legal media using it to manipulate the population into believing that life is no better anywhere else on the planet.

Those who manage to leave the country in North Korea face further danger. They face denial of rights and threats to their lives. China stubbornly refuses to categorize North Koreans who flee horrific living conditions and persecution as refugees. Instead, they label them as ``economic migrants.'' This disingenuous semantic trick relieves Beijing of its obligation to assist the North Koreans who escape into China in accordance with international conventions on refugees to which Beijing is a signatory.

North Koreans are routinely arrested and abused by the Chinese authorities and sent back to North Korea where they are considered traitors. Upon return, they are arrested. They're likely tortured, and sometimes, Mr. Speaker, they are killed.

The suffering people of North Korea need assistance. And in 2004, Congress passed with overwhelming bipartisan support the North Korea Human Rights Act in an effort to focus U.S. attention on their plight. This Act provided new resources to assist North Korean refugees, support democracy and human rights programs and improve access to information through radio broadcasts and other activities. It is also required that the President appoint a special envoy on North Korean human rights.

Our bill, H.R. 5834, reauthorizes this vitally important legislation. The current bill extends the North Korean Human Rights Act through fiscal year 2012 and enhances the role of the special envoy by making it an ambassadorial rank and requiring it be a full-time position.

H.R. 5834 was passed by the House on May 15 of this year, and the Senate made minor amendments to the bill on September 22.

Mr. Speaker, the North Korean Human Rights Act has been instrumental in ensuring the issue of human rights for North Koreans remains a key priority of U.S. policy toward North Korea. I strongly support this legislation. It is badly needed. And I encourage my colleagues to do the same.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 5834.

And a final comment, Mr. Speaker. House Resolution 5834 indeed gives us an ambassador rank for human rights in North Korea. This is extraordinarily important, and this is not just right and needed for the people of North Korea. It's needed and it's right for all freedom-loving people on this planet, for us to move forthrightly and to be able to finally make this a critical, key part of our foreign policy.

Mr. Speaker, I have no further speakers, and I reserve the balance of my time.

I yield back the balance of my time.