[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3573 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3573

To promote human rights, democracy, and development in North Korea, to 
 promote overall security on the Korean Peninsula and establish a more 
          peaceful world environment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2003

Mr. Leach (for himself, Mr. Faleomavaega, Mr. Smith of New Jersey, and 
  Mr. Royce) introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committee 
  on the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To promote human rights, democracy, and development in North Korea, to 
 promote overall security on the Korean Peninsula and establish a more 
          peaceful world environment, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Korean Freedom Act of 2003''.

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--PROTECTING THE HUMAN RIGHTS OF NORTH KOREANS

Sec. 101. Reports.
Sec. 102. Reports by the United Nations.
Sec. 103. Sense of Congress regarding religious persecution in North 
                            Korea.
Sec. 104. Humanitarian and food assistance to North Koreans.
           TITLE II--ACTIONS TO PROTECT NORTH KOREAN REFUGEES

Sec. 201. Pursuit of first asylum policy.
Sec. 202. Adoption of North Korean children by Americans.
Sec. 203. Humanitarian parole.
Sec. 204. North Korean status adjustment.
Sec. 205. Temporary protected status.
Sec. 206. S visa.
Sec. 207. Weapons of Mass Destruction Informant Center.
Sec. 208. Right to accept employment.
Sec. 209. Refugee status.
Sec. 210. Funding for the United Nations High Commissioner for 
                            Refugees.
Sec. 211. Funding for human rights organizations.
Sec. 212. Eligibility for refugee or asylum consideration.
          TITLE III--ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY

Sec. 301. Broadcasting into North Korea.
Sec. 302. Provision of radios to North Koreans.
Sec. 303. Sense of Congress regarding United States financial 
                            assistance designed to address conditions 
                            created by the economic and political 
                            system of North Korea.
Sec. 304. Funding for entities that promote programs for democracy, 
                            good governance, and the rule of law.
Sec. 305. Funding for entities that promote market economies.
                TITLE IV--NEGOTIATIONS WITH NORTH KOREA

Sec. 401. Sense of Congress regarding negotiations with North Korea.
Sec. 402. Sense of Congress regarding trade sanctions and economic 
                            assistance.
Sec. 403. Conditions for United States aid and other assistance.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Annual report.
Sec. 502. Task force on North Korean criminal activities.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) The economies of North Korea and South Korea are 
        dramatically different. The 2002 per capita gross domestic 
        product of North Korea is estimated to be $762; in South Korea 
        it is estimated to be $10,013. North Korea's 2002 gross 
        domestic product real growth rate is estimated at 1.2 percent, 
        while South Korea's is estimated at 6.3 percent. North Korea's 
        2002 exports are estimated at $730,000,000, while South Korea's 
        are estimated at $162,000,000,000.
            (2) The health of the North Korean people as a whole is 
        significantly worse than the health of the people of South 
        Korea. UNICEF estimates the infant mortality rate in 2001 in 
        North Korea to be 42 deaths per 1,000 live births, while in 
        South Korea it is 5 deaths per 1,000 live births. The estimated 
        life expectancy for babies born in 2002 is 3.5 years longer in 
        South Korea than it is in North Korea.
            (3) Nearly 1 North Korean child in 10 suffers from acute 
        malnutrition, and 4 out of every 10 children are chronically 
        malnourished, according to a United Nations-European Union 
        survey in 2002.
            (4) The differences in the economic performance of North 
        Korea and South Korea and the health of the people living in 
        those countries cannot be accounted for by differences in land 
        area or natural resources.
            (5) The people of the Korean peninsula are unjustly divided 
        into 2 different countries, one of which offers its citizens 
        freedom, prosperity, and hope for the future, and one of which 
        oppresses its people and threatens them with imprisonment, 
        starvation, and death.
            (6) The people of South Korea are able to exercise their 
        basic rights, and in doing so have impressively created and 
        sustained a peaceful, just, and prosperous society over the 
        past 60 years. The people of South Korea have maintained and 
        are continually improving upon this success.
            (7) The people of North Korea deserve the same rights, 
        freedom, and prosperity enjoyed by their relatives in South 
        Korea, but the current Government of North Korea has denied 
        them those rights by--
                    (A) forbidding the exercise of free speech and 
                religion;
                    (B) imprisoning citizens and their families in a 
                system of prison and labor camps for exercising basic 
                rights;
                    (C) mismanaging the economy and food production, 
                with the result that millions of people are threatened 
                with starvation;
                    (D) dismantling the national food system, with the 
                result that the customary rules and arrangements by 
                which people exchange labor for food are no longer in 
                operation; and
                    (E) forbidding nearly all contact with the outside 
                world.
            (8) Many persons wish to flee North Korea but cannot do so 
        because of the threat of arrest, imprisonment, and execution in 
        North Korea and the threat of repatriation to North Korea if 
        they are discovered in another country.
            (9) North Koreans, including agents of the North Korean 
        Government, have engaged in various criminal activities, 
        including international trafficking in narcotics, arms, and 
        persons.
            (10) The North Korean Government has oppressed its people 
        by imprisoning, executing, or starving people for such crimes 
        as ``ideological divergence,'' ``opposing socialism,'' and 
        other ``counterrevolutionary crimes.'' An estimated 200,000 
        people are imprisoned in North Korea for political reasons.
            (11) The North Korean people are denied their right to 
        self-determination by the dictatorship of Kim Jong Il.
            (12) Estimates of the number of North Korean refugees 
        living in China range from 100,000 to 300,000 people.
            (13) As many as 3,500,000 North Koreans have died from 
        hunger or famine-related disease since 1994.
            (14) South Korea has accepted fewer than 3,000 North Korean 
        refugees for resettlement in South Korea since 1953.
            (15) Fewer than 100 North Koreans were granted public 
        interest parole into the United States in each of 1998 and 
        1999.
            (16) Korean unification under a peaceful, politically free, 
        market-oriented system could contribute to political stability 
        and economic prosperity in northeast Asia and beyond.
            (17) United States and world security, which is threatened 
        by North Korea's production and export of weapons of mass 
        destruction, delivery systems, and related technologies will 
        best be advanced by the establishment of freedom, democracy, 
        and rights for the North Korean people.
            (18) The principal responsibility for North Korean refugee 
        resettlement naturally falls to the Government of South Korea, 
        but 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.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (1) to declare that it is the policy of the United States--
                    (A) to end North Korea's development and transfer 
                of weapons of mass destruction, delivery systems, and 
                related materials and technologies;
                    (B) to assist in the reunification of the Korean 
                peninsula under a democratic system of government;
                    (C) to achieve respect for and protection of human 
                rights in North Korea in accordance with United Nations 
                conventions; and
                    (D) to help construct and provide a more durable 
                humanitarian solution to the plight of North Korean 
                refugees; and
            (2) to take and encourage steps to implement this policy.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``appropriate congressional committees'' means 
        the Committee on Foreign Relations and the Select Committee on 
        Intelligence of the Senate and the Committee on International 
        Relations and the Permanent Select Committee on Intelligence of 
        the House of Representatives.
            (2) The term ``China'' means the People's Republic of 
        China.
            (3) The term ``defectors'' means persons with current or 
        former positions of responsibility in the government or 
        military of North Korea who have left or are attempting to 
        leave North Korea without the authorization of their superiors.
            (4) The term ``North Korea'' means the Democratic People's 
        Republic of Korea.
            (5) The term ``North Koreans'' means persons who are 
        natives or citizens of North Korea.
            (6) The term ``political offenses'' means crimes that are 
        designed to prevent free speech, free exercise of religion, 
        opposition to the government, free travel and movement, or 
        other similar offenses.
            (7) The term ``Secretary'' means the Secretary of Homeland 
        Security.

         TITLE I--PROTECTING THE HUMAN RIGHTS OF NORTH KOREANS

SEC. 101. REPORTS.

    (a) Prison and Labor Camps.--
            (1) Classified report.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary of State, in 
        cooperation with the Department of Homeland Security, the 
        Central Intelligence Agency and other United States 
        intelligence agencies, shall submit to the appropriate 
        congressional committees a report in classified form on the 
        North Korean prison and labor camp system. The report shall 
        particularly focus on any prisons or labor camps that are used 
        to house persons for political offenses. The report shall 
        include information on--
                    (A) offenses for which prisoners are sent to 
                prison;
                    (B) torture;
                    (C) forced labor;
                    (D) medical experimentation;
                    (E) indoctrination and reeducation;
                    (F) executions; and
                    (G) the adequacy or inadequacy of food, water, and 
                sanitation.
            (2) Unclassified report.--No later than 30 days after the 
        date on which the report is submitted pursuant to paragraph 
        (1), the President, in consultation with the appropriate 
        congressional committees, shall submit to Congress an 
        unclassified version of the report. The report shall include 
        unclassified satellite photography of any prisons and labor 
        camps described in the report.
    (b) Defectors.--
            (1) Classified report.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary of State, in 
        cooperation with the Central Intelligence Agency and other 
        United States intelligence agencies, shall submit to the 
        appropriate congressional committees a classified report 
        describing all United States Government policies toward North 
        Korean defectors and explaining the reasons for those policies.
            (2) Unclassified report.--Not later than 30 days after the 
        date on which the report is submitted pursuant to paragraph 
        (1), the President, in consultation with the appropriate 
        congressional committees, shall submit to Congress an 
        unclassified version of the report. The report shall include 
        information on--
                    (A) the number of North Korean defectors who have 
                been identified;
                    (B) the countries or regions to which these 
                defectors have fled;
                    (C) the estimated total number of North Korean 
                defectors; and
                    (D) the reasons why the Department of State has 
                never identified North Koreans, particularly high level 
                defectors, as a Priority 2 group of special concern, as 
                defined by the Secretary of State, for expedited 
                consideration in the United States refugee program.

SEC. 102. THE UNITED NATIONS.

    (a) In General.--It is the sense of Congress that the people of the 
United States believe that the United Nations has a significant role to 
play in promoting and improving human rights in North Korea, and United 
States confidence in the United Nations will be enhanced if the United 
Nations deals aggressively with the issue of human rights in North 
Korea.
    (b) Reports by the United Nations.--It is the sense of Congress 
that the United Nations should begin preparation of complete reports 
on--
            (1) the prison and labor camp system in North Korea, 
        particularly those prisons and labor camps that are used to 
        house persons for political offenses, including camps 
        reportedly for children under the age of 17; and
            (2) the North Korean refugee situation in China.

SEC. 103. RELIGIOUS PERSECUTION IN NORTH KOREA.

    (a) Commission on International Religious Freedom.--It is the sense 
of Congress that, not later than 1 year after the date of the enactment 
of this Act, the United States Commission on International Religious 
Freedom should hold extended informational hearings in the United 
States on the status of religious persecution in North Korea.
    (b) Countries of Particular Concern.--
            (1) Annual report.--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)).
            (2) Information.--The information included in the annual 
        report described in paragraph (1) 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--
                    (A) referrals by external agencies to a refugee 
                adjudication;
                    (B) groups deemed to be of special humanitarian 
                concern to the United States for purposes of refugee 
                resettlement; and
                    (C) family links to the United States.

SEC. 104. HUMANITARIAN AND FOOD ASSISTANCE TO NORTH KOREANS.

    (a) Report on United States Food Aid.--Not later than 180 days 
after the date of the enactment of this Act, the Director of the United 
States Agency for International Development shall submit to the 
appropriate congressional committees a report setting forth the funding 
for, and use of Federal resources by, entities that are providing 
humanitarian or food aid to North Korea.
    (b) Funding to Nongovernmental Organizations.--The Director of the 
United States Agency for International Development may provide 
financial assistance, including grants, to the World Food Program and 
any United States nongovernmental organizations that are able to--
            (1) provide food aid and other humanitarian assistance to 
        North Koreans; and
            (2) demonstrate--
                    (A) a successful record of providing food aid to 
                North Koreans; or
                    (B) the intent and capacity to provide such aid.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated not less than $100,000,000 for each of the fiscal years 
2004 through 2007 for the purpose of carrying out this section.
    (d) Sense of Congress.--It is the sense of Congress that 
significant increases in United States humanitarian and food assistance 
for the people of North Korea should be connected to improvements in 
transparency, monitoring, and access to vulnerable populations 
throughout North Korea.

           TITLE II--ACTIONS TO PROTECT NORTH KOREAN REFUGEES

SEC. 201. 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 who 
arrive in the United States, until such time as conditions in North 
Korea allow for their return.

SEC. 202. ADOPTION OF NORTH KOREAN CHILDREN BY AMERICANS.

    It is the sense of Congress that--
            (1) thousands of North Korean orphans languish in 
        orphanages with little hope of being adopted and are threatened 
        with starvation and disease if they remain in North Korea;
            (2) thousands of United States citizens would welcome the 
        opportunity to adopt North Korean orphans; and
            (3) the Secretary of State should seek--
                    (A) to promote the circumstances necessary to allow 
                reputable adoption providers to assist Americans in 
                adopting North Korean children; and
                    (B) to encourage the North Korean Government to 
                take the steps necessary to properly facilitate such 
                adoptions.

SEC. 203. 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 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 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 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 
        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 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. 204. NORTH KOREAN STATUS ADJUSTMENT.

    (a) Status Adjustment.--Notwithstanding section 245(c) of the 
Immigration and Nationality Act (8 U.S.C. 1255(c)), and subject to the 
exception in section 245(j)(3) of the Immigration and Nationality Act, 
as added by section 206(c) of this Act, 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, 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 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 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 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, 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 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 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. 205. 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 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. 206. S VISA.

    (a) Expansion of S Visa Classification.--Section 101(a)(15)(S) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) is 
amended--
            (1) in clause (i)--
                    (A) by striking ``Attorney General'' each place 
                that term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) by striking ``or'' at the end; and
            (2) in clause (ii)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by striking ``1956,'' and all that follows 
                through ``the alien;'' and inserting the following: 
                ``1956; or
                    ``(iii) who the Secretary of Homeland Security 
                determines--
                            ``(I) is in possession of critical reliable 
                        information concerning the activities of 
                        governments or other organizations, or their 
                        agents, representatives, or officials, with 
respect to weapons of mass destruction, delivery systems, or related 
materials and technologies if such governments or organizations are at 
risk of using or exporting such weapons; and
                            ``(II) is willing to supply or has 
                        supplied, fully and in good faith, information 
                        described in subclause (I) to appropriate 
                        persons within the United States Government;
        and, if the Secretary of Homeland Security considers it to be 
        appropriate, the spouse, married and unmarried sons and 
        daughters, and parents of an alien described in clause (i), 
        (ii), or (iii) if accompanying, or following to join, the 
        alien;''.
    (b) Numerical Limitation.--Section 214(k)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(k)(1)) is amended by striking ``The 
number of aliens'' and all that follows through the period and 
inserting the following: ``The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S) in any fiscal year 
may not exceed 3,500.''.
    (c) Adjustment of Status.--Section 245(j) of the Immigration and 
Nationality Act (8 U.S.C. 1255(j)) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) by redesignating paragraph (3) as paragraph (4);
            (3) by inserting after paragraph (2) the following:
    ``(3) If, in the sole discretion of the Secretary of Homeland 
Security--
            ``(A) a nonimmigrant admitted into the United States under 
        section 101(a)(15)(S)(iii) has supplied information described 
        in subclause (I) of that section; and
            ``(B) the provision of such information has substantially 
        contributed to the purposes of the North Korean Freedom Act of 
        2003;
the Secretary of Homeland Security may adjust the status of the alien 
(and the spouse, married and unmarried sons and daughters, and parents 
of the alien if admitted under such section) to that of an alien 
lawfully admitted for permanent residence.''; and
            (4) in paragraph (4), as so redesignated, by striking 
        ``Upon the approval of adjustment of status under paragraph (1) 
        or (2),'' and inserting ``Upon the approval of adjustment of 
        status under paragraph (1), (2), or (3),''.

SEC. 207. WEAPONS OF MASS DESTRUCTION INFORMANT CENTER.

    (a) Establishment.--There is established within the Department of 
Homeland Security a Weapons of Mass Destruction Informant Center.
    (b) Responsibilities.--The Weapons of Mass Destruction Informant 
Center established under subsection (a) shall--
            (1) educate consular officers regarding the visa 
        classification described in section 101(a)(15)(S)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)(iii));
            (2) facilitate, receive, and evaluate visa requests for 
        nonimmigrants described in section 101(a)(15)(S)(iii) in 
        consultation with appropriate personnel both within and outside 
        of the Department of Homeland Security;
            (3) in the event the Weapons of Mass Destruction Informant 
        Center recommends the approval of visa requests for 
        nonimmigrants described in section 101(a)(15)(S)(iii), act in 
        coordination with the Director of the Bureau of Citizenship and 
        Immigration Services and other appropriate government agencies 
        to facilitate the issuance of such visas, including additional 
        visas as are considered to be appropriate for the spouse, 
        married or unmarried sons and daughters, and parents of the 
        alien whose request was granted;
            (4) facilitate the cooperation of aliens who receive such 
        visas with the United States Government in ways that further 
        the purposes of the visa and the goals of this Act;
            (5) ensure that aliens who receive such visas comply with 
        the terms of the visa; and
            (6) ensure that such visas are not utilized as a method of 
        gaining entry into the United States for any purpose other than 
        those outlined in this Act.

SEC. 208. 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. 209. 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, as defined by the Secretary of State, for purposes of 
refugee resettlement.

SEC. 210. FUNDING FOR THE UNITED NATIONS HIGH COMMISSIONER FOR 
              REFUGEES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United Nations High Commissioner for Refugees 
        (UNHCR) should monitor the situation of North Korean refugees 
        in China and provide assistance to those refugees;
            (2) the Government of China should provide the UNHCR with 
        access to any North Koreans inside its borders to enable the 
        UNHCR to determine whether they are refugees and whether they 
        require assistance, as required by the 1951 United Nations 
        Convention Relating to the Status of Refugees, the 1967 
        protocol, and Article III, paragraph 5 of the 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 
        signed at Geneva, December 1, 1995 (referred to in this section 
        as the ``UNHCR Mission Agreement'');
            (3) the Government of China should not prohibit such access 
        by unilaterally declaring North Koreans inside of China to be 
        ``economic migrants'';
            (4) 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 aid work among displaced North 
        Koreans in China; and
            (5) 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 aid to displaced North Koreans 
        in China.
    (b) Arbitration.--It is the sense of Congress that should the 
Government of China fail to provide the UNHCR full access to all 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.

SEC. 211. FUNDING FOR HUMAN RIGHTS ORGANIZATIONS.

    (a) Grants to Entities That Assist North Korean Refugees.--
            (1) In general.--The Administrator of the United States 
        Agency for International Development may make grants to 
        nongovernmental, non-profit human rights organizations or 
        persons, or foreign governmental organizations--
                    (A) that--
                            (i) provide assistance to natives or 
                        citizens of North Korea who are attempting to 
                        escape from North Korea or from agents of North 
                        Korea outside that country; or
                            (ii) establish or operate camps or 
                        resettlement centers for North Korean refugees; 
                        and
                    (B) that can demonstrate--
                            (i) a successful record of providing the 
                        type of assistance to be funded; or
                            (ii) the intent and capacity to provide 
                        such assistance.
            (2) Time of grants.--A grant provided under this subsection 
        may not exceed 3 years in duration.
            (3) Reporting requirements.--Each entity or person awarded 
        a grant pursuant to this subsection shall, not later than 1 
        year after the date the grant is awarded, submit a report to 
        the Director regarding the activities of, and use of funds 
        awarded through such grant by, such person or entity during the 
        previous year. Notwithstanding any other provision of law, the 
        contents of each such report shall not be revealed until 10 
        years after the date on which the report was submitted.
    (b) Grants to Organizations That Assist North Korean Orphans.--
            (1) Qualifying organizations.--The Administrator of the 
        United States Agency for International Development may make 
        grants to nongovernmental organizations that--
                    (A) provide assistance to North Korean orphans in 
                any country; and
                    (B) can demonstrate--
                            (i) a successful record of providing 
                        assistance to North Korean orphans; or
                            (ii) the intent and capacity to provide 
                        such assistance.
            (2) Time of grants.--The grants provided under this 
        subsection may not exceed 3 years in duration.
            (3) Reporting requirements.--Each nongovernmental 
        organization awarded a grant pursuant to this subsection shall 
        submit an annual report to the Director not later than March 1 
        of each year regarding the activities of, and use of funds 
        awarded through such grant by, such organization during the 
        previous year.
    (c) Grants to Organizations for Resettlement and Admissions for 
North Korean Refugees.--
            (1) In general.--The Secretary of State may make grants to 
        nongovernmental, nonprofit organizations or persons that--
                    (A) provide legal assistance to natives or citizens 
                of North Korea who are applying for refugee status, 
                parole, visas, or other means of admission to the 
                United States; or
                    (B) can demonstrate--
                            (i) a successful record of providing 
                        similar assistance to other persons in the 
                        past; or
                            (ii) the intent and capacity to provide 
                        such assistance.
            (2) Reporting requirement.--Each nongovernmental 
        organization awarded a grant pursuant to this subsection shall, 
        not later than 1 year after the date the grant is awarded, and 
        annually thereafter, submit a report to the Secretary of State 
        regarding the activities of, and the use of funds awarded 
        through such grants by, such organization during the previous 
        year.
    (d) Grants for Human Rights Dialogue.--The Secretary of State may 
make grants to nongovernmental organizations from the United States, 
South Korea, and Japan to promote dialogue regarding human rights in 
North Korea.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) to the Administrator of the United States Agency for 
        International Development, $20,000,000 for each of the fiscal 
        years 2003 through 2006 to carry out subsection (a);
            (2) to the Administrator of the United States Agency for 
        International Development, $500,000 for each of the fiscal 
        years 2003 through 2006 to carry out subsection (b);
            (3) to the Secretary of State, $5,000,000 for each of the 
        fiscal years 2003 through 2006 to carry out subsection (c); and
            (4) to the Secretary of State, $2,000,000 for each of the 
        fiscal years 2003 through 2006 to carry out subsection (d).

SEC. 212. 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. This Act 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.

          TITLE III--ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY

SEC. 301. BROADCASTING INTO 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 an eventual goal of 
providing 24-hour-per-day broadcasting to North Korea, including 
broadcasts by Radio Free Asia and Voice of America.
    (b) Report on Radio Broadcasting in North Korea.--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, in addition to describing current United 
States broadcasting to North Korea, outlines a plan for increasing such 
broadcasts to 24 hours per day, and details the technical and fiscal 
requirements that would be necessary to render that plan feasible.

SEC. 302. PROVISION OF RADIOS TO NORTH KOREANS.

    (a) Purpose.--It is the purpose of this section to increase the 
availability of information inside North Korea by making available to 
North Koreans radios capable of receiving outside broadcasts.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the President $1,000,000 in each of the fiscal years 
2004 through 2008 to carry out this section.
    (c) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, and in each of the three years thereafter, 
the Secretary of State, after consulting with other agencies of the 
United States Government, shall submit to the appropriate congressional 
committees a report, in classified form, on measures being undertaken 
pursuant to this section, including the number of radios that have been 
provided to date.

SEC. 303. SENSE OF CONGRESS REGARDING UNITED STATES FINANCIAL 
              ASSISTANCE DESIGNED TO ADDRESS CONDITIONS CREATED BY THE 
              ECONOMIC AND POLITICAL SYSTEM OF NORTH KOREA.

    (a) Sense of Congress.--It is the sense of Congress that, as a 
precondition to receiving bilateral United States assistance meant to 
defray the direct costs to their respective governments of any future, 
large-scale humanitarian contingency resulting from the collapse of the 
economic and political system of North Korea, each of the nations of 
Northeast Asia should have, in the six months prior to the provision of 
such assistance--
            (1) been an active participant in the Proliferation 
        Security Initiative and the Illicit Activities Initiative;
            (2) taken significant and public actions to promote human 
        rights in North Korea for the purpose of assisting the people 
        of North Korea;
            (3) taken significant actions, including criminal 
        prosecutions, to deny the North Korean Government, its 
        officials, and affiliated entities (including Division 39) 
        benefits resulting from illegal activities; and
            (4) observed controls sufficient to ensure that any 
        financial benefit it provided to the North Korean Government, 
        its officials, or affiliated entities had a legitimate 
        commercial or humanitarian aid purpose, and was used for that 
        purpose rather than as a direct subsidy of the North Korean 
        Government, its officials, or affiliated entities.

SEC. 304. FUNDING FOR ENTITIES THAT PROMOTE DEMOCRACY, GOOD GOVERNANCE, 
              AND THE RULE OF LAW.

    (a) Grants Authorized.--The Director of the United States Agency 
for International Development may make grants to nongovernmental, non-
profit human rights organizations or persons, or foreign governmental 
organizations for the purpose of promoting and supporting programs for 
democracy, good governance, and the rule of law in North Korea.
    (b) Time of Grants.--A grant provided under this subsection may not 
exceed 2 years in duration.
    (c) Reporting Requirements.--Each entity or person awarded a grant 
pursuant to this subsection shall submit a report to the Director not 
later than March 1 of each year regarding the activities of, and use of 
funds awarded through such grant by, such person or entity during the 
previous year.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Director of the United States Agency for 
International Development $500,000 for each of the fiscal years 2003 
through 2006 to carry out this section.

SEC. 305. FUNDING FOR ENTITIES THAT PROMOTE MARKET ECONOMIES.

    (a) Grants Authorized.--The Director of the United States Agency 
for International Development may make grants to nongovernmental, non-
profit human rights organizations or persons, or foreign governmental 
organizations that promote market economies modeled after programs in 
Vietnam.
    (b) Time of Grants.--The grants provided under this subsection may 
not exceed 2 years in duration.
    (c) Reporting Requirements.--Each nongovernmental organization 
awarded a grant pursuant to this subsection shall submit an annual 
report to the Director not later than March 1 of each year regarding 
the activities of, and use of funds awarded through such grant by, such 
organization during the previous year.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Director of the United States Agency for 
International Development $500,000 for each of the fiscal years 2003 
through 2006 to carry out this section.

                TITLE IV--NEGOTIATIONS WITH NORTH KOREA

SEC. 401. SENSE OF CONGRESS REGARDING NEGOTIATIONS WITH NORTH KOREA.

    It is the sense of Congress that--
            (1) it is necessary and proper for the United States to 
        engage in negotiations with the Government of North Korea and 
        other concerned parties in Northeast Asia to address issues of 
        common concern both regionally and to the broader world 
        community;
            (2) every government in Northeast Asia, including China and 
        Russia, should support the principle of peaceful reunification 
        on the Korean peninsula;
            (3) as close allies with shared democratic values, the 
        political leadership in South Korea and the United States 
        should work together to develop a strategy for increasing 
        public awareness in both countries that our common goal is to 
        achieve a peaceful reunification of the Korean peninsula based 
        on democratic principles;
            (4) any negotiations between the United States, North 
        Korea, and other concerned parties in Northeast Asia should 
        include discussions directed toward ensuring the complete, 
        verifiable, and irreversible dismantlement of the North Korean 
        nuclear arms program, the elimination of Pyongyang's other 
        illegal weapons of mass destruction programs, ending its 
        proliferation of missiles and missile-related technologies, the 
        adoption by North Korea of a less provocative conventional 
        force posture, addressing the issues underlying its appearance 
        on the State Department list of states sponsoring terrorism, 
        and the establishment of a lasting peace on the Korean 
        peninsula;
            (5) any diplomatic solution to the problems posed by the 
        development of weapons of mass destruction, the proliferation 
        of ballistic missiles, and the potential destabilization of 
        Northeast Asia by North Korea should be comprehensive and also 
        seek to change North Korea's horrendous behavior on human 
        rights; and
            (6) any negotiations between the United States, North 
        Korea, and other concerned parties in Northeast Asia should 
        include the human rights of North Korean citizens, including 
        dialogue on religious and political freedoms and the North 
        Korean prison system, as a key concern.

SEC. 402. SENSE OF CONGRESS REGARDING TRADE SANCTIONS AND ECONOMIC 
              ASSISTANCE.

    It is the sense of Congress that--
            (1) in the context of North Korean steps to respond 
        affirmatively and take appropriate action to address the 
        concerns of the United States, other parties in Northeast Asia, 
        and the world community, the United States and North Korea 
        should engage in trade that will mutually benefit the people of 
        both nations;
            (2) the mere lifting of United States sanctions against 
        North Korea, without fundamental changes in the North Korean 
        economy, will not lead to mutually beneficial economic 
        relationships between the United States and North Korea;
            (3) the United States should provide economic assistance to 
        North Korea that will benefit the people of North Korea, and 
        should avoid merely establishing North Korea as a permanent 
        recipient of foreign assistance;
            (4) the Government of North Korea should recognize that the 
        path to economic renewal and growth lies in international 
        markets in goods, services, and capital, which offer 
        opportunities for reducing costs, improving productivity, and 
        promoting dynamism;
            (5) the participation in the North Korean economy of small- 
        and medium-sized businesses from South Korea represents an 
        opportunity for North Korea to integrate its economy with the 
        world market, expand trade, and attract foreign investment and 
        other economic benefits; and
            (6) trade sanctions related to North Korea should not be 
        lifted, and economic assistance should not be provided to North 
        Korea, unless such lifting of sanctions or provision of 
        economic assistance is also accompanied by significant and 
        transparent market oriented economic reforms in that country, 
        including the aggressive prosecution of any North Koreans 
        engaged in international criminal activities such as drug 
        trafficking and counterfeiting.

SEC. 403. CONDITIONS ON DIRECT UNITED STATES AID AND OTHER ASSISTANCE 
              TO THE GOVERNMENT OF NORTH KOREA.

    (a) Humanitarian Aid.--No department, agency, or entity of the 
United States Government may provide humanitarian aid to any 
department, agency, or entity of the Government of North Korea unless 
such United States Government department, agency, or entity can 
demonstrate that the Government of North Korea has taken steps to 
ensure that--
            (1) such aid is delivered, distributed, and monitored 
        according to internationally recognized humanitarian standards;
            (2) such aid is provided on a needs basis, and is not used 
        as a political reward or tool of coercion;
            (3) such aid reaches the intended beneficiaries, who are 
        informed of the source of the aid; and
            (4) humanitarian access to all vulnerable groups in North 
        Korea is allowed, no matter where in the country they may be 
        located.
    (b) Nonhumanitarian Aid.--No department, agency, or entity of the 
United States Government may provide nonhumanitarian aid to any 
department, agency, or entity of the Government of North Korea unless 
such United States Government department, agency, or entity can 
demonstrate 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 kidnapped 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.
    (c) Other Assistance.--It is the sense of Congress that significant 
North Korean progress on the areas of concern described in subsections 
(a) and (b) may, in the context of more comprehensive negotiations, 
serve as a basis for the United States to--
            (1) support the opening of an embassy in Pyongyang, North 
        Korea; and
            (2) support the membership of North Korea in multilateral 
        development institutions.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. ANNUAL REPORT.

    (a) Annual Report.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, 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 Act 
during the previous year.
    (b) Contents.--The report submitted in accordance with subsection 
(a) shall include--
            (1) the number of aliens who are natives or citizens of 
        North Korea and have been granted humanitarian parole under 
        section 203, 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 204, 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 205;
            (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;
            (6) the number of orphans who are natives or citizens of 
        North Korea who have been identified for adoption by, or are in 
        the process of being adopted by, United States citizens;
            (7) a description of the activities of the Weapons of Mass 
        Destruction Informant Center established under section 207 of 
        this Act; and
            (8) the activities of the United Nations High Commission 
        for Refugees with respect to section 210.

SEC. 502. TASK FORCE ON NORTH KOREAN CRIMINAL ACTIVITIES.

    (a) Establishment.--The President should establish an Interagency 
Task Force to Monitor and Combat North Korean Criminal Activities 
(referred to in this section as the ``Task Force'').
    (b) Membership.--The Task Force shall be composed of--
            (1) 2 senior staff members of the Department of Homeland 
        Security appointed by the Secretary;
            (2) 2 senior staff members of the Department of State 
        appointed by the Secretary of State;
            (3) 2 senior staff members of the Department of Justice 
        appointed by the Attorney General;
            (4) 2 senior staff members of the Department of Defense 
        appointed by the Secretary of Defense;
            (5) 2 senior staff members of the Department of Treasury 
        appointed by the Secretary of the Treasury; and
            (6) 2 senior staff members of the Central Intelligence 
        Agency appointed by the Director of Central Intelligence.
    (c) Duties.--The Task Force shall coordinate the monitoring and 
prosecution of criminal activities in North Korea, including 
trafficking in narcotics, weapons, and persons. The Task Force shall--
            (1) not later than 180 days after the date of the enactment 
        of this Act, deliver to the appropriate congressional 
        committees a plan for denying to the North Korean regime and 
        North Korean Government officials financial benefits from the 
        activities of Division 39 and any similar or successor 
        entities;
            (2) coordinate United States agency activities regarding 
        crimes committed by North Koreans, including by officials and 
        entities of the Government of North Korea; and
            (3) coordinate United States agency cooperation with law 
        enforcement, intelligence, and military services of foreign 
        countries with respect to crimes committed by North Koreans.
    (d) Report.--The Task Force shall issue an annual report to the 
appropriate congressional committees describing criminal activities 
conducted by North Koreans in the previous year and the response by 
United States Government agencies.
                                 <all>