North Korean Freedom Act of 2003 - Requires reports on: (1) the North Korean prison and labor camp system, focusing on prisons housing political prisoners; (2) U.S. Government policies toward North Korean defectors; (3) measures taken to facilitate access to the U.S. refugee program for individuals who have fled countries for religious freedom violations; and (4) funding for, and use of Federal resources by, entities that provide humanitarian or food aid to North Korea.
Provides for: (1) public interest parole for North Koreans who are victims of North Korean Government malfeasance; (2) adjustment of status of a North Korean alien who has been inspected and admitted or paroled into the United States after July 1, 2003, and who has been present in the United States for a year to alien lawfully admitted for permanent residence. Deems extraordinary and temporary conditions to exist that prevent such aliens from returning to North Korea in safety. Expands the S visa classification to include an alien who possesses and is willing to supply critical information concerning activities relating to weapons of mass destruction or delivery systems. Establishes within the Department of Homeland Security a Weapons of Mass Destruction Informant Center.
Authorizes grants: (1) to organizations that provide assistance to persons attempting to escape North Korea, to North Korean orphans, or to North Koreans applying for U.S. admission; and (2) to promote human rights dialogue, programs for democracy, good governance, and the rule of law, and market economies in North Korea.
Requires the Broadcasting Board of Governors to report a plan for increasing U.S. broadcasts to North Korea to 24 hours per day. Authorizes appropriations for making available to North Koreans radios for receiving outside broadcasts.
Sets forth conditions that must be satisfied by the North Korean Government before U.S. entities may provide humanitarian or non-humanitarian aid.
Directs the President to establish an Interagency Task Force to Monitor and Combat North Korean Criminal Activities.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3573 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3573
To promote human rights, democracy, and development in North Korea, to
promote overall security on the Korean Peninsula and establish a more
peaceful world environment, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2003
Mr. Leach (for himself, Mr. Faleomavaega, Mr. Smith of New Jersey, and
Mr. Royce) introduced the following bill; which was referred to the
Committee on International Relations, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To promote human rights, democracy, and development in North Korea, to
promote overall security on the Korean Peninsula and establish a more
peaceful world environment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korean Freedom Act of 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Purposes.
Sec. 5. Definitions.
TITLE I--PROTECTING THE HUMAN RIGHTS OF NORTH KOREANS
Sec. 101. Reports.
Sec. 102. Reports by the United Nations.
Sec. 103. Sense of Congress regarding religious persecution in North
Korea.
Sec. 104. Humanitarian and food assistance to North Koreans.
TITLE II--ACTIONS TO PROTECT NORTH KOREAN REFUGEES
Sec. 201. Pursuit of first asylum policy.
Sec. 202. Adoption of North Korean children by Americans.
Sec. 203. Humanitarian parole.
Sec. 204. North Korean status adjustment.
Sec. 205. Temporary protected status.
Sec. 206. S visa.
Sec. 207. Weapons of Mass Destruction Informant Center.
Sec. 208. Right to accept employment.
Sec. 209. Refugee status.
Sec. 210. Funding for the United Nations High Commissioner for
Refugees.
Sec. 211. Funding for human rights organizations.
Sec. 212. Eligibility for refugee or asylum consideration.
TITLE III--ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY
Sec. 301. Broadcasting into North Korea.
Sec. 302. Provision of radios to North Koreans.
Sec. 303. Sense of Congress regarding United States financial
assistance designed to address conditions
created by the economic and political
system of North Korea.
Sec. 304. Funding for entities that promote programs for democracy,
good governance, and the rule of law.
Sec. 305. Funding for entities that promote market economies.
TITLE IV--NEGOTIATIONS WITH NORTH KOREA
Sec. 401. Sense of Congress regarding negotiations with North Korea.
Sec. 402. Sense of Congress regarding trade sanctions and economic
assistance.
Sec. 403. Conditions for United States aid and other assistance.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Annual report.
Sec. 502. Task force on North Korean criminal activities.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The economies of North Korea and South Korea are
dramatically different. The 2002 per capita gross domestic
product of North Korea is estimated to be $762; in South Korea
it is estimated to be $10,013. North Korea's 2002 gross
domestic product real growth rate is estimated at 1.2 percent,
while South Korea's is estimated at 6.3 percent. North Korea's
2002 exports are estimated at $730,000,000, while South Korea's
are estimated at $162,000,000,000.
(2) The health of the North Korean people as a whole is
significantly worse than the health of the people of South
Korea. UNICEF estimates the infant mortality rate in 2001 in
North Korea to be 42 deaths per 1,000 live births, while in
South Korea it is 5 deaths per 1,000 live births. The estimated
life expectancy for babies born in 2002 is 3.5 years longer in
South Korea than it is in North Korea.
(3) Nearly 1 North Korean child in 10 suffers from acute
malnutrition, and 4 out of every 10 children are chronically
malnourished, according to a United Nations-European Union
survey in 2002.
(4) The differences in the economic performance of North
Korea and South Korea and the health of the people living in
those countries cannot be accounted for by differences in land
area or natural resources.
(5) The people of the Korean peninsula are unjustly divided
into 2 different countries, one of which offers its citizens
freedom, prosperity, and hope for the future, and one of which
oppresses its people and threatens them with imprisonment,
starvation, and death.
(6) The people of South Korea are able to exercise their
basic rights, and in doing so have impressively created and
sustained a peaceful, just, and prosperous society over the
past 60 years. The people of South Korea have maintained and
are continually improving upon this success.
(7) The people of North Korea deserve the same rights,
freedom, and prosperity enjoyed by their relatives in South
Korea, but the current Government of North Korea has denied
them those rights by--
(A) forbidding the exercise of free speech and
religion;
(B) imprisoning citizens and their families in a
system of prison and labor camps for exercising basic
rights;
(C) mismanaging the economy and food production,
with the result that millions of people are threatened
with starvation;
(D) dismantling the national food system, with the
result that the customary rules and arrangements by
which people exchange labor for food are no longer in
operation; and
(E) forbidding nearly all contact with the outside
world.
(8) Many persons wish to flee North Korea but cannot do so
because of the threat of arrest, imprisonment, and execution in
North Korea and the threat of repatriation to North Korea if
they are discovered in another country.
(9) North Koreans, including agents of the North Korean
Government, have engaged in various criminal activities,
including international trafficking in narcotics, arms, and
persons.
(10) The North Korean Government has oppressed its people
by imprisoning, executing, or starving people for such crimes
as ``ideological divergence,'' ``opposing socialism,'' and
other ``counterrevolutionary crimes.'' An estimated 200,000
people are imprisoned in North Korea for political reasons.
(11) The North Korean people are denied their right to
self-determination by the dictatorship of Kim Jong Il.
(12) Estimates of the number of North Korean refugees
living in China range from 100,000 to 300,000 people.
(13) As many as 3,500,000 North Koreans have died from
hunger or famine-related disease since 1994.
(14) South Korea has accepted fewer than 3,000 North Korean
refugees for resettlement in South Korea since 1953.
(15) Fewer than 100 North Koreans were granted public
interest parole into the United States in each of 1998 and
1999.
(16) Korean unification under a peaceful, politically free,
market-oriented system could contribute to political stability
and economic prosperity in northeast Asia and beyond.
(17) United States and world security, which is threatened
by North Korea's production and export of weapons of mass
destruction, delivery systems, and related technologies will
best be advanced by the establishment of freedom, democracy,
and rights for the North Korean people.
(18) The principal responsibility for North Korean refugee
resettlement naturally falls to the Government of South Korea,
but the United States should play a leadership role in focusing
international attention on the plight of these refugees,
formulating international solutions to that profound
humanitarian dilemma, and making prudent arrangements to accept
a credible number of refugees for domestic resettlement.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to declare that it is the policy of the United States--
(A) to end North Korea's development and transfer
of weapons of mass destruction, delivery systems, and
related materials and technologies;
(B) to assist in the reunification of the Korean
peninsula under a democratic system of government;
(C) to achieve respect for and protection of human
rights in North Korea in accordance with United Nations
conventions; and
(D) to help construct and provide a more durable
humanitarian solution to the plight of North Korean
refugees; and
(2) to take and encourage steps to implement this policy.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``appropriate congressional committees'' means
the Committee on Foreign Relations and the Select Committee on
Intelligence of the Senate and the Committee on International
Relations and the Permanent Select Committee on Intelligence of
the House of Representatives.
(2) The term ``China'' means the People's Republic of
China.
(3) The term ``defectors'' means persons with current or
former positions of responsibility in the government or
military of North Korea who have left or are attempting to
leave North Korea without the authorization of their superiors.
(4) The term ``North Korea'' means the Democratic People's
Republic of Korea.
(5) The term ``North Koreans'' means persons who are
natives or citizens of North Korea.
(6) The term ``political offenses'' means crimes that are
designed to prevent free speech, free exercise of religion,
opposition to the government, free travel and movement, or
other similar offenses.
(7) The term ``Secretary'' means the Secretary of Homeland
Security.
TITLE I--PROTECTING THE HUMAN RIGHTS OF NORTH KOREANS
SEC. 101. REPORTS.
(a) Prison and Labor Camps.--
(1) Classified report.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in
cooperation with the Department of Homeland Security, the
Central Intelligence Agency and other United States
intelligence agencies, shall submit to the appropriate
congressional committees a report in classified form on the
North Korean prison and labor camp system. The report shall
particularly focus on any prisons or labor camps that are used
to house persons for political offenses. The report shall
include information on--
(A) offenses for which prisoners are sent to
prison;
(B) torture;
(C) forced labor;
(D) medical experimentation;
(E) indoctrination and reeducation;
(F) executions; and
(G) the adequacy or inadequacy of food, water, and
sanitation.
(2) Unclassified report.--No later than 30 days after the
date on which the report is submitted pursuant to paragraph
(1), the President, in consultation with the appropriate
congressional committees, shall submit to Congress an
unclassified version of the report. The report shall include
unclassified satellite photography of any prisons and labor
camps described in the report.
(b) Defectors.--
(1) Classified report.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in
cooperation with the Central Intelligence Agency and other
United States intelligence agencies, shall submit to the
appropriate congressional committees a classified report
describing all United States Government policies toward North
Korean defectors and explaining the reasons for those policies.
(2) Unclassified report.--Not later than 30 days after the
date on which the report is submitted pursuant to paragraph
(1), the President, in consultation with the appropriate
congressional committees, shall submit to Congress an
unclassified version of the report. The report shall include
information on--
(A) the number of North Korean defectors who have
been identified;
(B) the countries or regions to which these
defectors have fled;
(C) the estimated total number of North Korean
defectors; and
(D) the reasons why the Department of State has
never identified North Koreans, particularly high level
defectors, as a Priority 2 group of special concern, as
defined by the Secretary of State, for expedited
consideration in the United States refugee program.
SEC. 102. THE UNITED NATIONS.
(a) In General.--It is the sense of Congress that the people of the
United States believe that the United Nations has a significant role to
play in promoting and improving human rights in North Korea, and United
States confidence in the United Nations will be enhanced if the United
Nations deals aggressively with the issue of human rights in North
Korea.
(b) Reports by the United Nations.--It is the sense of Congress
that the United Nations should begin preparation of complete reports
on--
(1) the prison and labor camp system in North Korea,
particularly those prisons and labor camps that are used to
house persons for political offenses, including camps
reportedly for children under the age of 17; and
(2) the North Korean refugee situation in China.
SEC. 103. RELIGIOUS PERSECUTION IN NORTH KOREA.
(a) Commission on International Religious Freedom.--It is the sense
of Congress that, not later than 1 year after the date of the enactment
of this Act, the United States Commission on International Religious
Freedom should hold extended informational hearings in the United
States on the status of religious persecution in North Korea.
(b) Countries of Particular Concern.--
(1) Annual report.--The President shall include in each
annual report on proposed refugee admission pursuant to section
207(d) of the Immigration and Nationality Act (8 U.S.C.
1157(d)), information about specific measures taken to
facilitate access to the United States refugee program for
individuals who have fled countries of particular concern, as
defined by the Secretary of Homeland Security, for violations
of religious freedom pursuant to section 402(b) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)).
(2) Information.--The information included in the annual
report described in paragraph (1) shall include, for each
country of particular concern, a description of access of the
nationals or former habitual residents of that country to a
refugee determination on the basis of--
(A) referrals by external agencies to a refugee
adjudication;
(B) groups deemed to be of special humanitarian
concern to the United States for purposes of refugee
resettlement; and
(C) family links to the United States.
SEC. 104. HUMANITARIAN AND FOOD ASSISTANCE TO NORTH KOREANS.
(a) Report on United States Food Aid.--Not later than 180 days
after the date of the enactment of this Act, the Director of the United
States Agency for International Development shall submit to the
appropriate congressional committees a report setting forth the funding
for, and use of Federal resources by, entities that are providing
humanitarian or food aid to North Korea.
(b) Funding to Nongovernmental Organizations.--The Director of the
United States Agency for International Development may provide
financial assistance, including grants, to the World Food Program and
any United States nongovernmental organizations that are able to--
(1) provide food aid and other humanitarian assistance to
North Koreans; and
(2) demonstrate--
(A) a successful record of providing food aid to
North Koreans; or
(B) the intent and capacity to provide such aid.
(c) Authorization of Appropriations.--There are authorized to be
appropriated not less than $100,000,000 for each of the fiscal years
2004 through 2007 for the purpose of carrying out this section.
(d) Sense of Congress.--It is the sense of Congress that
significant increases in United States humanitarian and food assistance
for the people of North Korea should be connected to improvements in
transparency, monitoring, and access to vulnerable populations
throughout North Korea.
TITLE II--ACTIONS TO PROTECT NORTH KOREAN REFUGEES
SEC. 201. PURSUIT OF FIRST ASYLUM POLICY.
It is the sense of Congress that the United States should pursue an
international agreement to adopt an effective ``first asylum'' policy,
modeled on the first asylum policy for Vietnamese refugees, that
guarantees safe haven and assistance to North Korean refugees who
arrive in the United States, until such time as conditions in North
Korea allow for their return.
SEC. 202. ADOPTION OF NORTH KOREAN CHILDREN BY AMERICANS.
It is the sense of Congress that--
(1) thousands of North Korean orphans languish in
orphanages with little hope of being adopted and are threatened
with starvation and disease if they remain in North Korea;
(2) thousands of United States citizens would welcome the
opportunity to adopt North Korean orphans; and
(3) the Secretary of State should seek--
(A) to promote the circumstances necessary to allow
reputable adoption providers to assist Americans in
adopting North Korean children; and
(B) to encourage the North Korean Government to
take the steps necessary to properly facilitate such
adoptions.
SEC. 203. HUMANITARIAN PAROLE.
(a) Prerequisites for Eligibility.--Because North Korean refugees
do not enjoy regular, unimpeded, and effective access to the United
States refugee program--
(1) for purposes of section 212(d)(5)(A) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(5)(A)), the parole of any
alien who is a native or citizen of North Korea seeking to
enter the United States, and who is a victim of North Korean
Government malfeasance, shall be considered to be of
significant public benefit; and
(2) for purposes of section 212(d)(5)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(5)(B)), the parole of any
alien who is a refugee and a native or citizen of North Korea
seeking to enter the United States, and who is a victim of
North Korean Government malfeasance, shall be considered to be
for compelling reasons in the public interest with respect to
that particular alien.
(b) Definition.--For purposes of this subsection, a victim of North
Korean Government malfeasance is a former political prisoner, a member
of a persecuted religious group, a forced-labor conscript, a victim of
debilitating malnutrition, a person deprived of professional
credentials or subjected to other disproportionately harsh or
discriminatory treatment resulting from his perceived or actual
political or religious beliefs or activities, or a person who appears
to have a credible claim of other persecution by the Government of
North Korea.
(c) Discretion.--Nothing in this section shall be construed to
prohibit the Secretary from establishing conditions for parole under
section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5)), or from denying parole to such aliens who are otherwise
ineligible for parole.
(d) Length of Parole.--
(1) In general.--Notwithstanding section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), if
parole is granted to an alien who is a native or citizen of
North Korea pursuant to subsection (a), the parole shall be
effective until the final resolution of any application for
adjustment of status made pursuant to section 204 of this Act.
(2) Denial of adjustment of status.--If an application for
adjustment of status made pursuant to section 204 is denied,
the Secretary may, in the discretion of the Secretary, parole
the alien described in paragraph (1) pursuant to section
212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5)).
(3) Extension of parole period.--If no application for
adjustment of status is made pursuant to section 204 within 18
months after parole is granted to an alien described in
paragraph (1), the Secretary may, in the discretion of the
Secretary, extend the parole period temporarily under
conditions that the Secretary prescribes.
(4) No grant of parole.--If parole is not granted to an
alien described in paragraph (2), the alien shall be treated
pursuant to section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)) as if the purposes of the
alien's parole have been served.
(5) Termination of parole.--Notwithstanding any other
provision of this section, the parole period of an alien
described in paragraph (1) shall terminate when the Secretary
determines that--
(A) the human rights record of North Korea,
according to the Country Report on Human Rights
Practices issued by the Department of State, Bureau of
Democracy, Human Rights, and Labor, is satisfactory;
and
(B) North Korea is no longer on the list of nations
designated as State sponsors of terrorism by the
Secretary of State.
(e) Subsequent Removal Proceedings.--Nothing in this section shall
be construed to prohibit the Secretary from instituting removal
proceedings against an alien paroled into the United States under this
section for--
(1) conduct committed after the parole of the alien into
the United States; or
(2) conduct or a condition that was not disclosed to the
Secretary prior to the parole of the alien into the United
States.
SEC. 204. NORTH KOREAN STATUS ADJUSTMENT.
(a) Status Adjustment.--Notwithstanding section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)), and subject to the
exception in section 245(j)(3) of the Immigration and Nationality Act,
as added by section 206(c) of this Act, the status of any alien who is
a native or citizen of North Korea, has been inspected and admitted or
paroled into the United States subsequent to July 1, 2003, and has been
physically present in the United States for at least 1 year, may be
adjusted by the Secretary, in the discretion of the Secretary and under
such regulations as the Secretary may prescribe, to that of an alien
lawfully admitted for permanent residence if--
(1) the alien makes an application for such adjustment
within 18 months after parole is granted;
(2) the alien is eligible to receive an immigrant visa and
is admissible to the United States for permanent residence; and
(3) the Secretary determines that the alien has complied
with the requirements of subsection (b).
(b) Required Cooperation With the United States Government.--The
requirements of this subsection shall be satisfied if--
(1) the Secretary determines that--
(A) the alien is in possession of critical reliable
information concerning the activities of the Government
of North Korea or its agents, representatives, or
officials, and the alien has cooperated or is currently
cooperating, fully and in good faith, with appropriate
persons within the United States Government regarding
such information; or
(B) the alien is not in possession of critical
reliable information concerning the activities of the
Government of North Korea or its agents,
representatives, or officials; and
(2) the Secretary determines that the alien--
(A) did not enter the United States in a then-
current capacity as an agent, representative, or
official of the Government of North Korea, or for any
purpose contrary to the purposes of this Act or for any
unlawful purpose;
(B) is not, since entering the United States or at
the time during which the application for adjustment of
status is filed or in process, an agent,
representative, or official of the Government of North
Korea, or during such period acting for any purpose
contrary to the purposes of this Act or for any
unlawful purpose; and
(C) in the judgment of the Secretary, is not likely
to become an agent, representative, or official of the
Government of North Korea, or act for any purpose
contrary to the purposes of this Act or for any
unlawful purpose.
(c) Effect on Immigration and Nationality Act.--
(1) Definitions.--The definitions in subsections (a) and
(b) of section 101 of the Immigration and Nationality Act (8
U.S.C. 1101) shall apply to this section.
(2) Applicability.--Nothing in this section shall be
construed to repeal or restrict the powers, duties, functions,
or authority of the Secretary in the administration and
enforcement of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.) or any other Federal law relating to immigration,
nationality, or naturalization.
(d) Subsequent Removal Proceedings.--Nothing in this section shall
be construed to prohibit the Secretary from instituting removal
proceedings against an alien whose status was adjusted under subsection
(a) for--
(1) conduct committed after such adjustment of status; or
(2) conduct or a condition that was not disclosed to the
Secretary prior to such adjustment of status.
SEC. 205. TEMPORARY PROTECTED STATUS.
(a) Extraordinary and Temporary Conditions Considered To Exist.--
(1) In general.--For purposes of section 244(b)(1)(C) of
the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)(C)),
extraordinary and temporary conditions shall be considered to
exist in North Korea that prevent aliens who are natives or
citizens of North Korea from returning to North Korea in
safety.
(2) Termination of protected status.--The extraordinary and
temporary conditions referred to in paragraph (1) shall be
considered to exist until the Secretary determines that--
(A) the human rights and trafficking records of
North Korea, according to the Country Report on Human
Rights Practices issued by the United States Department
of State, Bureau of Democracy, Human Rights, and Labor,
and the country report on trafficking issued by the
Trafficking in Persons Office of the Department of
State, are satisfactory; and
(B) North Korea is no longer on the list of nations
designated as state sponsors of terrorism by the United
States Department of State.
(b) Sense of Congress.--It is the sense of Congress that the United
States should use its diplomatic means to promote the institution of
measures similar to humanitarian parole or the form of temporary
protected status granted under subsection (a), in countries that
neighbor North Korea.
SEC. 206. S VISA.
(a) Expansion of S Visa Classification.--Section 101(a)(15)(S) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) is
amended--
(1) in clause (i)--
(A) by striking ``Attorney General'' each place
that term appears and inserting ``Secretary of Homeland
Security''; and
(B) by striking ``or'' at the end; and
(2) in clause (ii)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``1956,'' and all that follows
through ``the alien;'' and inserting the following:
``1956; or
``(iii) who the Secretary of Homeland Security
determines--
``(I) is in possession of critical reliable
information concerning the activities of
governments or other organizations, or their
agents, representatives, or officials, with
respect to weapons of mass destruction, delivery systems, or related
materials and technologies if such governments or organizations are at
risk of using or exporting such weapons; and
``(II) is willing to supply or has
supplied, fully and in good faith, information
described in subclause (I) to appropriate
persons within the United States Government;
and, if the Secretary of Homeland Security considers it to be
appropriate, the spouse, married and unmarried sons and
daughters, and parents of an alien described in clause (i),
(ii), or (iii) if accompanying, or following to join, the
alien;''.
(b) Numerical Limitation.--Section 214(k)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(k)(1)) is amended by striking ``The
number of aliens'' and all that follows through the period and
inserting the following: ``The number of aliens who may be provided a
visa as nonimmigrants under section 101(a)(15)(S) in any fiscal year
may not exceed 3,500.''.
(c) Adjustment of Status.--Section 245(j) of the Immigration and
Nationality Act (8 U.S.C. 1255(j)) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(3) If, in the sole discretion of the Secretary of Homeland
Security--
``(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(iii) has supplied information described
in subclause (I) of that section; and
``(B) the provision of such information has substantially
contributed to the purposes of the North Korean Freedom Act of
2003;
the Secretary of Homeland Security may adjust the status of the alien
(and the spouse, married and unmarried sons and daughters, and parents
of the alien if admitted under such section) to that of an alien
lawfully admitted for permanent residence.''; and
(4) in paragraph (4), as so redesignated, by striking
``Upon the approval of adjustment of status under paragraph (1)
or (2),'' and inserting ``Upon the approval of adjustment of
status under paragraph (1), (2), or (3),''.
SEC. 207. WEAPONS OF MASS DESTRUCTION INFORMANT CENTER.
(a) Establishment.--There is established within the Department of
Homeland Security a Weapons of Mass Destruction Informant Center.
(b) Responsibilities.--The Weapons of Mass Destruction Informant
Center established under subsection (a) shall--
(1) educate consular officers regarding the visa
classification described in section 101(a)(15)(S)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)(iii));
(2) facilitate, receive, and evaluate visa requests for
nonimmigrants described in section 101(a)(15)(S)(iii) in
consultation with appropriate personnel both within and outside
of the Department of Homeland Security;
(3) in the event the Weapons of Mass Destruction Informant
Center recommends the approval of visa requests for
nonimmigrants described in section 101(a)(15)(S)(iii), act in
coordination with the Director of the Bureau of Citizenship and
Immigration Services and other appropriate government agencies
to facilitate the issuance of such visas, including additional
visas as are considered to be appropriate for the spouse,
married or unmarried sons and daughters, and parents of the
alien whose request was granted;
(4) facilitate the cooperation of aliens who receive such
visas with the United States Government in ways that further
the purposes of the visa and the goals of this Act;
(5) ensure that aliens who receive such visas comply with
the terms of the visa; and
(6) ensure that such visas are not utilized as a method of
gaining entry into the United States for any purpose other than
those outlined in this Act.
SEC. 208. RIGHT TO ACCEPT EMPLOYMENT.
Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C.
1158(d)(2)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(2) by adding at the end the following: ``In the case of an
applicant who is a citizen or native of North Korea, the
Secretary of Homeland Security shall issue regulations under
which such applicant shall be entitled to employment
authorization, and such applicant shall not be subject to the
180-day limitation described in the previous sentence.''.
SEC. 209. REFUGEE STATUS.
The Secretary of State shall designate natives or citizens of North
Korea who apply for refugee status under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157), and who are former political
prisoners, members of persecuted religious groups, forced-labor
conscripts, victims of debilitating malnutrition, persons deprived of
professional credentials or subjected to other disproportionately harsh
or discriminatory treatment resulting from their perceived or actual
political or religious beliefs or activities, or others who appear to
have a credible claim of other persecution, as a Priority 2 group of
special concern, as defined by the Secretary of State, for purposes of
refugee resettlement.
SEC. 210. FUNDING FOR THE UNITED NATIONS HIGH COMMISSIONER FOR
REFUGEES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United Nations High Commissioner for Refugees
(UNHCR) should monitor the situation of North Korean refugees
in China and provide assistance to those refugees;
(2) the Government of China should provide the UNHCR with
access to any North Koreans inside its borders to enable the
UNHCR to determine whether they are refugees and whether they
require assistance, as required by the 1951 United Nations
Convention Relating to the Status of Refugees, the 1967
protocol, and Article III, paragraph 5 of the Agreement on the
upgrading of the UNHCR Mission in the People's Republic of
China to UNHCR branch office in the People's Republic of China
signed at Geneva, December 1, 1995 (referred to in this section
as the ``UNHCR Mission Agreement'');
(3) the Government of China should not prohibit such access
by unilaterally declaring North Koreans inside of China to be
``economic migrants'';
(4) the UNHCR, in order to effectively carry out its
mandate to protect refugees, should liberally employ as
professionals or experts on mission persons with significant
experience in humanitarian aid work among displaced North
Koreans in China; and
(5) the UNHCR, in order to effectively carry out its
mandate to protect refugees, should liberally contract with
appropriate nongovernmental organizations that have a proven
record of providing humanitarian aid to displaced North Koreans
in China.
(b) Arbitration.--It is the sense of Congress that should the
Government of China fail to provide the UNHCR full access to all North
Koreans within its borders, the UNHCR should initiate arbitration
proceedings pursuant to Article XVI of the UNHCR Mission Agreement and
appoint an arbitrator for the UNHCR.
SEC. 211. FUNDING FOR HUMAN RIGHTS ORGANIZATIONS.
(a) Grants to Entities That Assist North Korean Refugees.--
(1) In general.--The Administrator of the United States
Agency for International Development may make grants to
nongovernmental, non-profit human rights organizations or
persons, or foreign governmental organizations--
(A) that--
(i) provide assistance to natives or
citizens of North Korea who are attempting to
escape from North Korea or from agents of North
Korea outside that country; or
(ii) establish or operate camps or
resettlement centers for North Korean refugees;
and
(B) that can demonstrate--
(i) a successful record of providing the
type of assistance to be funded; or
(ii) the intent and capacity to provide
such assistance.
(2) Time of grants.--A grant provided under this subsection
may not exceed 3 years in duration.
(3) Reporting requirements.--Each entity or person awarded
a grant pursuant to this subsection shall, not later than 1
year after the date the grant is awarded, submit a report to
the Director regarding the activities of, and use of funds
awarded through such grant by, such person or entity during the
previous year. Notwithstanding any other provision of law, the
contents of each such report shall not be revealed until 10
years after the date on which the report was submitted.
(b) Grants to Organizations That Assist North Korean Orphans.--
(1) Qualifying organizations.--The Administrator of the
United States Agency for International Development may make
grants to nongovernmental organizations that--
(A) provide assistance to North Korean orphans in
any country; and
(B) can demonstrate--
(i) a successful record of providing
assistance to North Korean orphans; or
(ii) the intent and capacity to provide
such assistance.
(2) Time of grants.--The grants provided under this
subsection may not exceed 3 years in duration.
(3) Reporting requirements.--Each nongovernmental
organization awarded a grant pursuant to this subsection shall
submit an annual report to the Director not later than March 1
of each year regarding the activities of, and use of funds
awarded through such grant by, such organization during the
previous year.
(c) Grants to Organizations for Resettlement and Admissions for
North Korean Refugees.--
(1) In general.--The Secretary of State may make grants to
nongovernmental, nonprofit organizations or persons that--
(A) provide legal assistance to natives or citizens
of North Korea who are applying for refugee status,
parole, visas, or other means of admission to the
United States; or
(B) can demonstrate--
(i) a successful record of providing
similar assistance to other persons in the
past; or
(ii) the intent and capacity to provide
such assistance.
(2) Reporting requirement.--Each nongovernmental
organization awarded a grant pursuant to this subsection shall,
not later than 1 year after the date the grant is awarded, and
annually thereafter, submit a report to the Secretary of State
regarding the activities of, and the use of funds awarded
through such grants by, such organization during the previous
year.
(d) Grants for Human Rights Dialogue.--The Secretary of State may
make grants to nongovernmental organizations from the United States,
South Korea, and Japan to promote dialogue regarding human rights in
North Korea.
(e) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to the Administrator of the United States Agency for
International Development, $20,000,000 for each of the fiscal
years 2003 through 2006 to carry out subsection (a);
(2) to the Administrator of the United States Agency for
International Development, $500,000 for each of the fiscal
years 2003 through 2006 to carry out subsection (b);
(3) to the Secretary of State, $5,000,000 for each of the
fiscal years 2003 through 2006 to carry out subsection (c); and
(4) to the Secretary of State, $2,000,000 for each of the
fiscal years 2003 through 2006 to carry out subsection (d).
SEC. 212. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION.
(a) Purpose.--The purpose of this section is to ensure that North
Koreans are not barred from eligibility for refugee status or asylum in
the United States on account of any legal right to citizenship they may
enjoy under the Constitution of the Republic of Korea. This Act is not
intended in any way to prejudice whatever rights to citizenship North
Koreans may enjoy under the Constitution of the Republic of Korea.
(b) Treatment of Nationals of North Korea.--For purposes of
eligibility for refugee status under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), or for asylum under section 208 of
such Act (8 U.S.C. 1158), a national of the Democratic People's
Republic of Korea shall not be considered a national of the Republic of
Korea.
TITLE III--ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY
SEC. 301. BROADCASTING INTO NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that the United
States should facilitate the unhindered dissemination of information in
North Korea by increasing its support for radio broadcasting to North
Korea, and that the Broadcasting Board of Governors should increase
broadcasts to North Korea from current levels, with an eventual goal of
providing 24-hour-per-day broadcasting to North Korea, including
broadcasts by Radio Free Asia and Voice of America.
(b) Report on Radio Broadcasting in North Korea.--Not later than
120 days after the date of the enactment of this Act, the Broadcasting
Board of Governors shall submit to the appropriate congressional
committees a report that, in addition to describing current United
States broadcasting to North Korea, outlines a plan for increasing such
broadcasts to 24 hours per day, and details the technical and fiscal
requirements that would be necessary to render that plan feasible.
SEC. 302. PROVISION OF RADIOS TO NORTH KOREANS.
(a) Purpose.--It is the purpose of this section to increase the
availability of information inside North Korea by making available to
North Koreans radios capable of receiving outside broadcasts.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the President $1,000,000 in each of the fiscal years
2004 through 2008 to carry out this section.
(c) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, and in each of the three years thereafter,
the Secretary of State, after consulting with other agencies of the
United States Government, shall submit to the appropriate congressional
committees a report, in classified form, on measures being undertaken
pursuant to this section, including the number of radios that have been
provided to date.
SEC. 303. SENSE OF CONGRESS REGARDING UNITED STATES FINANCIAL
ASSISTANCE DESIGNED TO ADDRESS CONDITIONS CREATED BY THE
ECONOMIC AND POLITICAL SYSTEM OF NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that, as a
precondition to receiving bilateral United States assistance meant to
defray the direct costs to their respective governments of any future,
large-scale humanitarian contingency resulting from the collapse of the
economic and political system of North Korea, each of the nations of
Northeast Asia should have, in the six months prior to the provision of
such assistance--
(1) been an active participant in the Proliferation
Security Initiative and the Illicit Activities Initiative;
(2) taken significant and public actions to promote human
rights in North Korea for the purpose of assisting the people
of North Korea;
(3) taken significant actions, including criminal
prosecutions, to deny the North Korean Government, its
officials, and affiliated entities (including Division 39)
benefits resulting from illegal activities; and
(4) observed controls sufficient to ensure that any
financial benefit it provided to the North Korean Government,
its officials, or affiliated entities had a legitimate
commercial or humanitarian aid purpose, and was used for that
purpose rather than as a direct subsidy of the North Korean
Government, its officials, or affiliated entities.
SEC. 304. FUNDING FOR ENTITIES THAT PROMOTE DEMOCRACY, GOOD GOVERNANCE,
AND THE RULE OF LAW.
(a) Grants Authorized.--The Director of the United States Agency
for International Development may make grants to nongovernmental, non-
profit human rights organizations or persons, or foreign governmental
organizations for the purpose of promoting and supporting programs for
democracy, good governance, and the rule of law in North Korea.
(b) Time of Grants.--A grant provided under this subsection may not
exceed 2 years in duration.
(c) Reporting Requirements.--Each entity or person awarded a grant
pursuant to this subsection shall submit a report to the Director not
later than March 1 of each year regarding the activities of, and use of
funds awarded through such grant by, such person or entity during the
previous year.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Director of the United States Agency for
International Development $500,000 for each of the fiscal years 2003
through 2006 to carry out this section.
SEC. 305. FUNDING FOR ENTITIES THAT PROMOTE MARKET ECONOMIES.
(a) Grants Authorized.--The Director of the United States Agency
for International Development may make grants to nongovernmental, non-
profit human rights organizations or persons, or foreign governmental
organizations that promote market economies modeled after programs in
Vietnam.
(b) Time of Grants.--The grants provided under this subsection may
not exceed 2 years in duration.
(c) Reporting Requirements.--Each nongovernmental organization
awarded a grant pursuant to this subsection shall submit an annual
report to the Director not later than March 1 of each year regarding
the activities of, and use of funds awarded through such grant by, such
organization during the previous year.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Director of the United States Agency for
International Development $500,000 for each of the fiscal years 2003
through 2006 to carry out this section.
TITLE IV--NEGOTIATIONS WITH NORTH KOREA
SEC. 401. SENSE OF CONGRESS REGARDING NEGOTIATIONS WITH NORTH KOREA.
It is the sense of Congress that--
(1) it is necessary and proper for the United States to
engage in negotiations with the Government of North Korea and
other concerned parties in Northeast Asia to address issues of
common concern both regionally and to the broader world
community;
(2) every government in Northeast Asia, including China and
Russia, should support the principle of peaceful reunification
on the Korean peninsula;
(3) as close allies with shared democratic values, the
political leadership in South Korea and the United States
should work together to develop a strategy for increasing
public awareness in both countries that our common goal is to
achieve a peaceful reunification of the Korean peninsula based
on democratic principles;
(4) any negotiations between the United States, North
Korea, and other concerned parties in Northeast Asia should
include discussions directed toward ensuring the complete,
verifiable, and irreversible dismantlement of the North Korean
nuclear arms program, the elimination of Pyongyang's other
illegal weapons of mass destruction programs, ending its
proliferation of missiles and missile-related technologies, the
adoption by North Korea of a less provocative conventional
force posture, addressing the issues underlying its appearance
on the State Department list of states sponsoring terrorism,
and the establishment of a lasting peace on the Korean
peninsula;
(5) any diplomatic solution to the problems posed by the
development of weapons of mass destruction, the proliferation
of ballistic missiles, and the potential destabilization of
Northeast Asia by North Korea should be comprehensive and also
seek to change North Korea's horrendous behavior on human
rights; and
(6) any negotiations between the United States, North
Korea, and other concerned parties in Northeast Asia should
include the human rights of North Korean citizens, including
dialogue on religious and political freedoms and the North
Korean prison system, as a key concern.
SEC. 402. SENSE OF CONGRESS REGARDING TRADE SANCTIONS AND ECONOMIC
ASSISTANCE.
It is the sense of Congress that--
(1) in the context of North Korean steps to respond
affirmatively and take appropriate action to address the
concerns of the United States, other parties in Northeast Asia,
and the world community, the United States and North Korea
should engage in trade that will mutually benefit the people of
both nations;
(2) the mere lifting of United States sanctions against
North Korea, without fundamental changes in the North Korean
economy, will not lead to mutually beneficial economic
relationships between the United States and North Korea;
(3) the United States should provide economic assistance to
North Korea that will benefit the people of North Korea, and
should avoid merely establishing North Korea as a permanent
recipient of foreign assistance;
(4) the Government of North Korea should recognize that the
path to economic renewal and growth lies in international
markets in goods, services, and capital, which offer
opportunities for reducing costs, improving productivity, and
promoting dynamism;
(5) the participation in the North Korean economy of small-
and medium-sized businesses from South Korea represents an
opportunity for North Korea to integrate its economy with the
world market, expand trade, and attract foreign investment and
other economic benefits; and
(6) trade sanctions related to North Korea should not be
lifted, and economic assistance should not be provided to North
Korea, unless such lifting of sanctions or provision of
economic assistance is also accompanied by significant and
transparent market oriented economic reforms in that country,
including the aggressive prosecution of any North Koreans
engaged in international criminal activities such as drug
trafficking and counterfeiting.
SEC. 403. CONDITIONS ON DIRECT UNITED STATES AID AND OTHER ASSISTANCE
TO THE GOVERNMENT OF NORTH KOREA.
(a) Humanitarian Aid.--No department, agency, or entity of the
United States Government may provide humanitarian aid to any
department, agency, or entity of the Government of North Korea unless
such United States Government department, agency, or entity can
demonstrate that the Government of North Korea has taken steps to
ensure that--
(1) such aid is delivered, distributed, and monitored
according to internationally recognized humanitarian standards;
(2) such aid is provided on a needs basis, and is not used
as a political reward or tool of coercion;
(3) such aid reaches the intended beneficiaries, who are
informed of the source of the aid; and
(4) humanitarian access to all vulnerable groups in North
Korea is allowed, no matter where in the country they may be
located.
(b) Nonhumanitarian Aid.--No department, agency, or entity of the
United States Government may provide nonhumanitarian aid to any
department, agency, or entity of the Government of North Korea unless
such United States Government department, agency, or entity can
demonstrate that the Government of North Korea has made substantial
progress toward--
(1) respecting and protecting basic human rights, including
freedom of religion, of the people of North Korea;
(2) providing for significant family reunification between
North Koreans and their descendants and relatives in the United
States;
(3) fully disclosing all information regarding citizens of
Japan and the Republic of Korea kidnapped by the Government of
North Korea;
(4) allowing such abductees, along with their families,
complete and genuine freedom to leave North Korea and return to
the abductees original home countries;
(5) significantly reforming its prison and labor camp
system, and subjecting such reforms to independent
international monitoring; and
(6) decriminalizing political expression and activity.
(c) Other Assistance.--It is the sense of Congress that significant
North Korean progress on the areas of concern described in subsections
(a) and (b) may, in the context of more comprehensive negotiations,
serve as a basis for the United States to--
(1) support the opening of an embassy in Pyongyang, North
Korea; and
(2) support the membership of North Korea in multilateral
development institutions.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. ANNUAL REPORT.
(a) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
and the Secretary of Homeland Security shall submit a joint report to
the appropriate congressional committees on the operation of this Act
during the previous year.
(b) Contents.--The report submitted in accordance with subsection
(a) shall include--
(1) the number of aliens who are natives or citizens of
North Korea and have been granted humanitarian parole under
section 203, and the immigration status of such aliens before
being granted humanitarian parole;
(2) the number of aliens who are natives or citizens of
North Korea and have been granted an adjustment of status under
section 204, and the immigration status of such aliens before
being granted adjustment of status;
(3) the number of aliens who are natives or citizens of
North Korea who were granted political asylum;
(4) the number of aliens who are natives or citizens of
North Korea who were granted temporary protected status under
section 205;
(5) the number of aliens who are natives or citizens of
North Korea who applied for refugee status and the number who
were granted refugee status;
(6) the number of orphans who are natives or citizens of
North Korea who have been identified for adoption by, or are in
the process of being adopted by, United States citizens;
(7) a description of the activities of the Weapons of Mass
Destruction Informant Center established under section 207 of
this Act; and
(8) the activities of the United Nations High Commission
for Refugees with respect to section 210.
SEC. 502. TASK FORCE ON NORTH KOREAN CRIMINAL ACTIVITIES.
(a) Establishment.--The President should establish an Interagency
Task Force to Monitor and Combat North Korean Criminal Activities
(referred to in this section as the ``Task Force'').
(b) Membership.--The Task Force shall be composed of--
(1) 2 senior staff members of the Department of Homeland
Security appointed by the Secretary;
(2) 2 senior staff members of the Department of State
appointed by the Secretary of State;
(3) 2 senior staff members of the Department of Justice
appointed by the Attorney General;
(4) 2 senior staff members of the Department of Defense
appointed by the Secretary of Defense;
(5) 2 senior staff members of the Department of Treasury
appointed by the Secretary of the Treasury; and
(6) 2 senior staff members of the Central Intelligence
Agency appointed by the Director of Central Intelligence.
(c) Duties.--The Task Force shall coordinate the monitoring and
prosecution of criminal activities in North Korea, including
trafficking in narcotics, weapons, and persons. The Task Force shall--
(1) not later than 180 days after the date of the enactment
of this Act, deliver to the appropriate congressional
committees a plan for denying to the North Korean regime and
North Korean Government officials financial benefits from the
activities of Division 39 and any similar or successor
entities;
(2) coordinate United States agency activities regarding
crimes committed by North Koreans, including by officials and
entities of the Government of North Korea; and
(3) coordinate United States agency cooperation with law
enforcement, intelligence, and military services of foreign
countries with respect to crimes committed by North Koreans.
(d) Report.--The Task Force shall issue an annual report to the
appropriate congressional committees describing criminal activities
conducted by North Koreans in the previous year and the response by
United States Government agencies.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line