United States Library of Congress

HR 3573
Introduced in House
November 21, 2003

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.

2003 CONG US HR 3573

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