[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1903 Introduced in Senate (IS)]

  1st Session
                                S. 1903

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 SENATE OF THE UNITED STATES

                           November 20, 2003

Mr. Brownback (for himself and Mr. Bayh) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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. Funding for the United Nations High Commissioner for 
                            Refugees.
Sec. 210. Funding for human rights organizations.
          TITLE III--ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY

Sec. 301. Radio broadcasting into North Korea.
Sec. 302. Distribution 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 at $1,000; in South Korea 
        it is estimated at $19,400. North Korea's 2002 gross domestic 
        product real growth rate is estimated at 1 percent, while South 
        Korea's is estimated at 5.8 percent. North Korea's 2002 exports 
        are estimated at $915,000,000, 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. The estimated infant mortality rate in 2002 in North 
        Korea is 22.8 deaths per 1,000 live births, while in South 
        Korea it is 7.6 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 since the 
        end of the Korean conflict in 1953. 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 accepted fewer than 3,000 North Korean 
        refugees for resettlement in South Korea between 1953 and 2002.
            (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 the production and export of weapons of mass destruction and 
        related delivery systems, materials, and technologies by North 
        Korea, will best be advanced by the establishment of freedom, 
        democracy, and rights for the North Korean people.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (1) to declare that it is the policy of the United States--
                    (A) to end the development, sale, and transfer of 
                weapons of mass destruction and related delivery 
                systems, materials, and technologies in and from the 
                Korean peninsula;
                    (B) to assist in the reunification of the Korean 
                peninsula under a democratic system of government; and
                    (C) to achieve respect for and protection of human 
                rights in North Korea in accordance with United Nations 
                conventions; 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 ``North Korea'' means the Democratic People's 
        Republic of Korea.
            (4) The term ``North Koreans'' means persons who are 
        natives or citizens of North Korea.
            (5) 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.
            (6) 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 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 $100,000,000 for each of the fiscal years 2003, 2004, 
2005, and 2006 for the purpose of carrying out this section.

           TITLE II--ACTIONS TO PROTECT NORTH KOREAN REFUGEES

SEC. 201. PURSUIT OF FIRST ASYLUM POLICY.

    It is the sense of Congress that--
            (1) the United States guarantee safe haven and assistance 
        to North Koreans who arrive in, or seek to arrive in, the 
        United States; and
            (2) because of such guarantee of safe haven and assistance, 
        the United States encourage countries that neighbor North 
        Korea, including China, Japan, Russia, and South Korea to 
        institute measures similar to humanitarian parole, a form of 
        temporary protected status, or refugee status consistent with 
        the United Nations Convention Relating to the Status of 
        Refugees of 1951 and the Protocol Relating to the Status of 
        Refugees of 1967 to guarantee safe haven and assistance to 
        displaced North Koreans.

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

    It is the sense of Congress that--
            (1) thousands of North Korean children do not have parents 
        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 Homeland Security should make every 
        effort to facilitate the adoption of any North Korean children 
        who are granted humanitarian parole under section 203.

SEC. 203. HUMANITARIAN PAROLE.

    (a) Case-by-Case Requirement Not Applicable.--
            (1) In general.--The case-by-case basis and alien specific 
        requirements of section 212(d)(5)(A) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)(A)) shall not be 
        applicable to the parole of any alien who is a native or 
        citizen of North Korea seeking entry to the United States.
            (2) Discretion.--Nothing in this subsection shall be 
        construed to prohibit the Secretary of Homeland Security from 
        establishing conditions for parole under section 212(d)(5) of 
        the Immigration and Nationality Act (8 U.S.C. 1182 (d)(5)), or 
        from denying parole to such aliens who are otherwise ineligible 
        for parole.
    (b) Compelling Reasons in the Public Interest Considered To 
Exist.--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 native or citizen of North Korea and is seeking to enter the 
United States shall be considered to be, for compelling reasons, in the 
public interest.
    (c) 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, the parole shall be effective until the final 
        resolution of any application for adjustment of status made 
        pursuant to section 204.
            (2) Denial of adjustment of status.--If an application for 
        adjustment of status made pursuant to section 204 is denied to 
        an alien described in paragraph (1), the alien may seek relief 
        under section 207 or 208.
            (3) Extension of parole period.--If no application for 
        adjustment of status is made pursuant to section 204 within 18 
        months after parole is granted to an alien described in 
        paragraph (1), the Secretary of Homeland Security may, in the 
        discretion of the Secretary, extend the parole period 
        temporarily under conditions that the Secretary of Homeland 
        Security prescribes.
            (4) No grant of parole.--If parole is not granted to an 
        alien described in paragraph (1), the alien may seek relief 
        under section 207 or 208.
    (d) Subsequent Removal Proceedings.--Nothing in this section shall 
be construed to prohibit the Secretary of Homeland Security from 
instituting removal proceedings against an alien 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 conditions that were not disclosed to the 
        Secretary of Homeland Security prior to the parole of the alien 
        into the United States.
    (e) Notification to WMDIC.--The Secretary of Homeland Security 
shall notify the Weapons of Mass Destruction Informant Center, 
described in section 207, of any alien receiving parole under this 
section who would otherwise qualify for the visa described in section 
101(a)(15)(S)(iii) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(S)(iii)).

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)), the status of any 
alien who is a native or citizen of North Korea and has been inspected 
and admitted or paroled into the United States may be adjusted by the 
Secretary of Homeland Security, in the discretion of the Secretary and 
under such regulations as the Secretary may prescribe, to that of an 
alien lawfully admitted for permanent residence under the conditions 
set forth in subsections (b) and (c).
    (b) North Koreans With Knowledge of North Korea's Weapons of Mass 
Destruction Programs.--The status of any alien who is referred to the 
Weapons of Mass Destruction Informant Center in accordance with section 
203(e), shall be immediately adjusted to that of lawful permanent 
resident.
    (c) North Koreans Without Knowledge of North Korea's Weapons of 
Mass Destruction Programs.--Except for those aliens described in 
subsection (b), adjustment of status may occur only if the Secretary of 
Homeland Security determines that the alien--
            (1) 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;
            (2) 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;
            (3) in the judgment of the Secretary of Homeland Security, 
        is not likely to become an agent, representative, or official 
        of the Government of North Korea, or act for any purpose 
        contrary to the purposes of this Act or for any unlawful 
        purpose; and
            (4) has been physically present in the United States for at 
        least 1 year.
    (d) Additional Relief.--Nothing in this section precludes an alien 
from seeking relief under section 208 or 241(b)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1158 or 1231(b)(3)).
    (e) Affect on Number of Authorized Visas.--The approval of an 
application for adjustment of status to that of lawful permanent 
resident under this section shall not result in a reduction in the 
number of visas authorized by the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.).
    (f) Applicability of the Immigration and Nationality Act.--
            (1) In general.--Nothing in this section shall be construed 
        to repeal or restrict the powers, duties, functions, or 
        authority of the Secretary of Homeland Security in the 
        administration and enforcement of the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) or any other Federal 
        law relating to immigration, nationality, or naturalization.
            (2) Definitions.--The definitions in subsections (a) and 
        (b) of section 101 of the Immigration and Nationality Act (8 
        U.S.C. 1101(a) and (b)) shall apply to this section.
            (3) Subsequent removal proceedings.--Nothing in this 
        section shall be construed to prohibit the Secretary of 
        Homeland Security from instituting removal proceedings against 
        an alien whose status was adjusted under subsection (a) for--
                    (A) conduct committed after such adjustment of 
                status; or
                    (B) conduct or conditions that were not disclosed 
                to the Secretary of Homeland Security 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 of Homeland Security 
        determines that--
                    (A) the human rights and trafficking records of 
                North Korea, according to the Country Report on Human 
                Rights Practices issued by the United States Department 
                of State, Bureau of Democracy, Human Rights, and Labor, 
                and the Country Report on Trafficking issued by the 
                Trafficking in Persons Office of the Department of 
                State, are satisfactory; and
                    (B) North Korea is no longer on the list of nations 
                designated as state sponsors of terrorism by the United 
                States Department of State.

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, 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) have the primary responsibility of receiving voluntary 
        information about weapons of mass destruction and related 
        delivery systems, materials, and technologies and the intent or 
        actions of countries to export such items or knowledge to other 
        countries or non-state actors;
            (2) ensure that informants--
                    (A) are given the highest consideration for visas 
                described in section 101(a)(15)(S)(ii) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(S)(ii)); and
                    (B) report all information related to the 
                development or export of weapons of mass destruction to 
                senior officials at the Department of Homeland 
                Security, the Central Intelligence Agency, and other 
                relevant components of the intelligence community and 
                at the Federal Bureau of Investigations and other 
                relevant components of the law enforcement community;
            (3) 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));
            (4) facilitate, receive, and evaluate visa requests for 
        nonimmigrants described in such section 101(a)(15)(S)(iii) in 
        consultation with appropriate personnel both within and outside 
        of the Department of Homeland Security;
            (5) in the event the Weapons of Mass Destruction Informant 
        Center approves visa requests for nonimmigrants described in 
        such 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;
            (6) 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;
            (7) ensure that aliens who receive such visas comply with 
        the terms of the visa; and
            (8) 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. 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 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. 210. FUNDING FOR HUMAN RIGHTS ORGANIZATIONS.

    (a) Grants to Entities That Assist North Korean Refugees.--
            (1) In general.--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--
                    (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 Director 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 to the Director of the United States Agency for 
International Development--
            (1) $20,000,000 for each of the fiscal years 2003 through 
        2006 to carry out subsection (a);
            (2) $500,000 for each of the fiscal years 2003 through 2006 
        to carry out subsection (b);
            (3) $5,000,000 for each of the fiscal years 2003 through 
        2006 to carry out subsection (c); and
            (4) $2,000,000 for each of the fiscal years 2003 through 
        2006 carry out subsection (d).

          TITLE III--ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY

SEC. 301. RADIO BROADCASTING INTO NORTH KOREA.

    (a) Purpose.--The purpose of this section is to authorize increased 
support for radio broadcasting to North Korea by the United States 
Government and surrogates that will--
            (1) eventually provide 24-hour per day broadcasting to 
        North Korea, including by Radio Free Asia and Voice of America; 
        and
            (2) facilitate the unhindered dissemination of information 
        in North Korea.
    (b) Report on Radio Broadcasting in North Korea.--Not later than 
120 days after the date of the enactment of this Act, the Secretary of 
State shall submit to the appropriate congressional committees a report 
that--
            (1) describes how funds that are appropriated and allocated 
        pursuant to this section will be used to provide AM and FM 
        broadcasting that--
                    (A) covers the territory of North Korea; and
                    (B) delivers independent and uncensored 
                programming; and
            (2) reviews the feasibility of providing 24-hour per day 
        broadcasting to North Korea.

SEC. 302. DISTRIBUTION OF RADIOS TO NORTH KOREANS.

    (a) Distribution of Radios.--Not later than 90 days after the date 
of the enactment of this Act, the Broadcasting Board of Governors, in 
consultation and coordination with nongovernmental organizations, shall 
establish a program for the distribution of radios in North Korea.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Broadcasting Board of Governors shall report to the 
appropriate congressional committees on the distribution of radios by 
that service or by any recipients of grants from that service.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $11,000,000 in each of the fiscal years 2003 through 2006 
to carry out this section.

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--
            (1) the United States should encourage countries in the 
        Northeast Asia region, including South Korea, to participate in 
        the Proliferation Security Initiative and the Illicit 
        Activities Initiative as a condition for receiving United 
        States financial assistance specifically designed to address 
        conditions created by the economic and political system of 
        North Korea; and
            (2) any country receiving such assistance shall, in the 6 
        months prior to any assistance being provided, have--
                    (A) taken significant and public actions to promote 
                human rights in North Korea for the purpose of 
                assisting the people of North Korea; and
                    (B) taken significant actions to deny the North 
                Korean Government and North Korean officials financial 
                benefits resulting from illegal activities; and
            (3) any money or other financial benefit provided to the 
        North Korean Government or to its officials or agents by the 
        country receiving such assistance, or by private entities 
        closely associated with that country if done in cooperation 
        with or with funds provided by the Government of that country, 
        shall have a true and legitimate commercial purpose, or 
        humanitarian aid purpose if such money or other financial 
        benefit is subject to controls sufficient to ensure it reaches 
        hungry and needful people, and may not be a subsidy to the 
        North Korean Government or to its officials or agents.
    (b) Illegal Activities of Division 39.--For purposes of subsection 
(a), the term ``significant actions'' includes actions to limit the 
activities of Division 39 of the North Korean Government and any 
successors or similar entities, including aggressive criminal and civil 
prosecution of individuals and organizations (whether or not such 
individuals or organizations are part of the North Korean Government) 
that engage in commercial or financial transactions with Division 39 
and any successors or similar 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.
    (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 $1,000,000 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 $1,000,000 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 proper and useful for the United States to engage 
        in negotiations with the Government of North Korea to address 
        issues of concern to countries in the northeast Asia region and 
        around the world;
            (2) South Korea is the country that stands to benefit most 
        from a free and peaceful reunification, and the political 
        leadership in South Korea and the United States should work 
        together to develop a strategy for increasing public awareness 
        of the common goal of the 2 countries to achieve a peaceful 
        reunification of the Korean peninsula based on democratic 
        principles;
            (3) any negotiations between the United States and North 
        Korea should include discussions--
                    (A) directed toward ending the development, sale, 
                and transfer by North Korea of weapons of mass 
                destruction and related delivery systems, materials, 
                and technologies;
                    (B) regarding a complete, irreversible, and 
                verifiable halt to the quest by the Government of North 
                Korea for nuclear weaponry and a demobilization of 
                North Korea's long-range missile program and biological 
                and chemical weapons programs; and
                    (C) regarding the establishment of a lasting peace 
                between North Korea and South Korea;
            (4) any diplomatic solution to the problems posed by the 
        development of weapons of mass destruction, including 
        biological and chemical weapons programs, the proliferation of 
        arms, and the destabilization of the northeast Asia region by 
        North Korea should also include protections for human rights 
        within North Korea; and
            (5) any negotiations between the United States and North 
        Korea should include the human rights of North Korean citizens 
        as a key item in a dialogue on political freedoms, prison 
        systems, and religious freedoms.

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

    It is the sense of Congress that--
            (1) 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 government-to-government transfer payments;
            (4) the Government of North Korea should recognize that the 
        path to economic renewal 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 more 
        than 450 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 the Government of 
        North Korea taking monitored steps related to the standards of 
        the Millennium Challenge Account proposed by the President of 
        the United States on March 14, 2002, including the aggressive 
        prosecution of any North Koreans engaged in international 
        criminal activities such as drug trafficking and 
        counterfeiting.

SEC. 403. CONDITIONS FOR UNITED STATES AID AND OTHER ASSISTANCE.

    (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 
document that every effort has been made to ensure that North Korea has 
taken steps and made progress toward ensuring that--
            (1) such aid--
                    (A) reaches all the people who are identified as 
                the intended beneficiaries, irrespective of any 
                geographic restriction;
                    (B) is not used as a political tool or tool of 
                human rights coercion; and
                    (C) is provided on a needs basis;
            (2) the beneficiaries of any such aid are informed of the 
        source of the aid; and
            (3) the delivery, distribution, and monitoring of any 
        assistance is carried out in accordance with internationally 
        recognized standards.
    (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 document 
that every effort has been made to ensure that North Korea has taken 
steps and made progress toward--
            (1) providing for significant family reunification between 
        families of Korean descent in the United States and North 
        Korea;
            (2) protecting and monitoring basic human rights, including 
        freedom of religion for its people;
            (3) disclosing complete and total information regarding 
        citizens of Japan and South Korea kidnapped by the Government 
        of North Korea;
            (4) providing complete and total freedom for such victims 
        and their families to live in the country of their choice;
            (5) achieving significant reform of its prison and labor 
        camp system and subjects such reform to monitoring by 
        independent officials; and
            (6) achieving significant reform with respect to the 
        definitions of political crimes and the prosecution by the 
        Government of North Korea for alleged political crimes.
    (c) Other Assistance.--It is the sense of Congress that the 
successful implementation of the actions 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.--
            (1) In general.--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.
            (2) Contents.--The report submitted in accordance with 
        paragraph (1) shall include--
                    (A) 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;
                    (B) 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;
                    (C) the number of aliens who are natives or 
                citizens of North Korea who were granted political 
                asylum;
                    (D) the number of aliens who are natives or 
                citizens of North Korea who were granted temporary 
                protected status under section 205;
                    (E) 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;
                    (F) 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;
                    (G) a description of the activities of the Weapons 
                of Mass Destruction Informant Center established under 
                section 207 of this Act; and
                    (H) the activities of the United Nations High 
                Commission for Refugees with respect to section 210.
    (b) Committee Report.--Not later than 180 days after the date on 
which the report submitted in accordance with subsection (a)(1) is 
received, the appropriate congressional committees should report to the 
House of Representatives or the Senate, as appropriate, on oversight 
findings and proposed legislation that the congressional committees 
consider appropriate.

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

    (a) Establishment.--The President shall 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 
counterfeiting and 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.
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