HR 4011 · 108th Congress 2003–2005, ended

North Korean Human Rights Act of 2004

Introduced Mar 23, 2004 Originated House Became Public Law 108-333 Sponsor James A. Leach R-IA

Fact sheet Spreadsheet

Latest action · Oct 18, 2004 Became Public Law No: 108-333.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 23, 2004
  2. Passed HouseJul 21, 2004
  3. Passed SenateSep 28, 2004
  4. To the PresidentOct 7, 2004
  5. Became lawOct 18, 2004Public Law 108-333

Summary

(This measure has not been amended since it was passed by the Senate on September 28, 2004. The summary of that version is repeated here.)

North Korean Human Rights Act of 2004 - Title I: Promoting the Human Rights of North Koreans - (Sec. 101) Expresses the sense of Congress that: (1) the human rights of North Koreans should remain a key concern in future negotiations between the United States, North Korea, and other parties in Northeast Asia; (2) the United States should increase its support for radio broadcasting to North Korea; (3) the United Nations (UN) has a significant role to play in promoting and improving human rights in North Korea, and the United Nations Commission on Human Rights' adoption of Resolution 2003/10 on the North Korean human rights situation was a positive step, with additional UN attention needed; and (4) the United Sates should explore the possibility of a regional human rights dialogue with North Korea that is modeled on the Helsinki process.

(Sec. 102) Authorizes the President to: (1) provide grants to private, nonprofit organizations to promote human rights, democracy, rule of law, and the development of a market economy in North Korea, including educational and cultural exchanges; and (2) increase the availability of information inside North Korea by increasing the availability of information sources not controlled by the Government of North Korea. Authorizes FY 2005 through 2008 appropriations.

(Sec. 107) Directs the President to appoint within the Department of State a Special Envoy for human rights in North Korea. (States that such person shall be a person of recognized distinction in the field of human rights.)

Title II: Assisting North Koreans in Need - (Sec. 201) Directs the Administrator of the United States Agency for International Development (USAID) and the Secretary of State to report annually (for the next three years) on: (1) U.S. humanitarian assistance to North Koreans; (2) improvements in humanitarian transparency and monitoring inside North Korea; and (3) specific efforts by the United States and U.S. grantees to secure better monitoring and access.

(Sec. 202) Expresses the sense of Congress that: (1) significant increases above current U.S. support levels for humanitarian assistance inside North Korea should be conditioned upon substantial improvements in transparency, monitoring, and access to vulnerable populations throughout North Korea; (2) humanitarian assistance should be monitored so as to minimize the possibility of its political or military diversion; and (3) the United States should encourage other countries that provide food and other humanitarian assistance to North Korea to do so through monitored, transparent channels, rather than through direct, bilateral transfers to the Government of North Korea.

Expresses the sense of Congress that: (1) U.S. humanitarian assistance to the Government of North Korea shall be delivered and monitored according to internationally recognized humanitarian standards, be provided on a needs and not political basis, and be made available to all vulnerable groups in North Korea, no matter where in the country they may be located; and (2) U.S. nonhumanitarian assistance to North Korea shall be contingent upon North Korean progress toward human rights protection, family reunification, prison reform, decriminalization of political activity, and disclosure of information respecting the abduction of citizens of Japan and the Republic of Korea.

(Sec. 203) Authorizes the President to provide assistance to 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. States that such assistance should be used to provide: (1) humanitarian assistance to North Korean refugees, defectors, migrants, and orphans outside of North Korea, which may include support for refugee camps or temporary settlements; and (2) humanitarian assistance to North Korean women outside of North Korea who are victims of trafficking, or are in danger of being trafficked. Authorizes FY 2005 through 2008 appropriations.

Title III: Protecting North Korean Refugees - (Sec. 301) Directs the Secretary to report on the North Korean refugee situation and U.S. policy toward North Korean refugees and defectors, including: (1) 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; (2) an assessment of whether North Koreans have effective access to U.S. refugee and asylum processing; and (3) 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.

(Sec. 302) States that for refugee or asylum status under the Immigration and Nationality Act, a national of the Democratic Republic of Korea shall not be considered a national of the Republic of Korea.

(Sec. 303) Directs the Secretary to facilitate the submission of refugee applications by citizens of North Korea.

(Sec. 304) Expresses 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 UNHCR to determine whether they are refugees and whether they require assistance, and that UNHCR donor countries should press China for such access; and (2) should China refuse such access, UNHCR should assert its right of access through arbitration with China.

(Sec. 305) Directs the Secretary and the Secretary of Homeland Security to report annually (for the next six years) on: (1) the numbers of North Koreans admitted as refugees or political asylees; and (2) measures taken to facilitate access to the U.S. refugee program by persons fleeing countries of particular concern for violations of religious freedom.

Cosponsors 29

Members who signed on, in the order they did. Signatures ran from Mar 23, 2004 to Jul 15, 2004; 8 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-CAChristopher CoxOriginalMar 23, 2004
R-NJChristopher H. SmithOriginalMar 23, 2004
R-CAEdward R. RoyceOriginalMar 23, 2004
D-ASEni F. H. FaleomavaegaOriginalMar 23, 2004
D-NYGary L. AckermanOriginalMar 23, 2004
D-CAHoward L. BermanOriginalMar 23, 2004
R-OHSteve ChabotOriginalMar 23, 2004
D-CATom LantosOriginalMar 23, 2004
R-CAElton GalleglyMar 24, 2004
R-FLIleana Ros-LehtinenMar 24, 2004
R-INDan BurtonMar 30, 2004
D-NJDonald M. PayneMar 30, 2004
R-MIThaddeus G. McCotterMar 30, 2004
D-OREarl BlumenauerMar 31, 2004
R-PAJoseph R. PittsMar 31, 2004
R-KSTodd TiahrtApr 20, 2004
R-AZTrent FranksApr 20, 2004
R-CADana RohrabacherMay 4, 2004
R-ILJohn ShimkusMay 4, 2004
D-GUMadeleine Z. BordalloMay 4, 2004
R-OKTom ColeMay 4, 2004
R-NCCass BallengerMay 11, 2004
D-ILLane EvansMay 11, 2004
D-CAMichael M. HondaMay 11, 2004
R-VAJo Ann DavisMay 13, 2004
D-AZRaúl M. GrijalvaMay 13, 2004
D-FLRobert WexlerMay 13, 2004
D-FLPeter DeutschJun 8, 2004
R-PATodd Russell PlattsJul 15, 2004

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseForeign Affairs Committee
Referred Mar 23, 2004Markup Mar 31, 2004Reported May 4, 2004
HouseJudiciary Committee
Referred Mar 23, 2004Discharged Jul 16, 2004
Immigration Integrity, Security, and Enforcement Subcommittee
Referred Apr 2, 2004
SenateForeign Relations Committee
Referred Sep 7, 2004Discharged Sep 28, 2004

Actions 28

Everything that happened, newest first.

  1. Oct 18, 2004Signed by President.
  2. Oct 18, 2004Became Public Law No: 108-333.
  3. Oct 7, 2004Presented to President.
  4. Oct 4, 2004Mr. Leach moved that the House suspend the rules and agree to the Senate amendment.
  5. Oct 4, 2004DEBATE - The House proceeded with 40 minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 4011.
Show all 28 actions

In the Congressional Record 5

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1799Frank R. Wolf R-VAOct 6, 2004
HouseDebate and remarks H7981–H7986Text printed H7981–H7984Christopher H. Smith R-NJ, Edward R. Royce R-CA, James A. Leach R-IA, Robert Wexler D-FLOct 4, 2004
SenateDebate and remarks S9805Amendments S9852Evan Bayh D-IN (amendment), Sam Brownback R-KS (amendment)Sep 28, 2004
SenateDebate and remarks S9666–S9668Sam Brownback R-KSSep 24, 2004
HouseDebate and remarks H6508–H6515Text printed H6508–H6511, H6512–H6514Edward R. Royce R-CA, James A. Leach R-IA, Tom Lantos D-CAJul 21, 2004

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Apr 13, 2004H.R. 4011, North Korean Human Rights Act of 2004<p>Cost estimate for the bill as ordered reported by the House Committee on International Relations on March 31, 2004</p>
  2. Apr 13, 2004H.R. 4011, North Korean Human Rights Act of 2004Cost estimate for the bill as ordered reported by the House Committee on International Relations on March 31, 2004

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
—THE PLIGHT OF NORTH KOREANS IN CHINA: A CURRENT ASSESSMENT50 pagesCongressional-Executive Commission on ChinaApr 19, 2004

CRS reports 18

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 18

Products on other subjects that cite it, usually among other measures.

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 3728To provide a complete substitute.Sam Brownback R-KSAmendment SA 3728 agreed to in Senate by Unanimous Consent.

Titles 6

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To promote human rights and freedom in the Democratic People's Republic of Korea, and for other purposes.
Short Titles as Introduced
North Korean Human Rights Act of 2004
Short Titles as Reported to House
North Korean Human Rights Act of 2004
Short Titles as Passed House
North Korean Human Rights Act of 2004
Short Titles as Passed Senate
North Korean Human Rights Act of 2004
Short Titles as Enacted
North Korean Human Rights Act of 2004

Subjects

Assigned by the Library of Congress. Policy area: International Affairs.

Text 6

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Sep 28, 2004Engrossed Amendment Senate
  3. Sep 7, 2004Referred in Senate
  4. Jul 21, 2004Engrossed in House
  5. Jul 16, 2004Reported in House
  6. Mar 23, 2004Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.