A bill to prohibit assistance to North Korea or the Korean Peninsula Development Organization, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Korea Democracy Act of 2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Under the Agreed Framework of October 21, 1994, North 
        Korea committed to--
                    (A) freeze and eventually dismantle its graphite-
                moderated reactors and related facilities;
                    (B) implement the North-South Joint Declaration on 
                the Denuclearization of the Korean Peninsula, which 
                prohibits the production, testing, or possession of 
                nuclear weapons; and
                    (C) allow implementation of its IAEA safeguards 
                agreement under the Treaty on the Non-Proliferation of 
                Nuclear Weapons (NPT) for nuclear facilities designated 
                under the Agreed Framework and any other North Korean 
                nuclear facilities.
            (2) The General Accounting Office has reported that North 
        Korea has diverted heavy oil received from the United States-
        led Korean Peninsula Energy Development Organization for 
        unauthorized purposes in violation of the Agreed Framework.
            (3) On April 1, 2002, President George W. Bush stated that 
        he would not certify North Korea's compliance with all 
        provisions of the Agreed Framework.
            (4) North Korea has violated the basic terms of the Agreed 
        Framework and the North-South Joint Declaration on the 
        Denuclearization of the Korean Peninsula by pursuing the 
        enrichment of uranium for the purpose of building a nuclear 
        weapon and by ``nuclearizing'' the Korean peninsula.
            (5) North Korea has admitted to having a covert nuclear 
        weapons program and declared the Agreed Framework nullified.
            (6) North Korea has announced its intention to restart the 
        5-megawatt reactor and related reprocessing facility at 
        Yongbyon, which were frozen under the Agreed Framework, and has 
        expelled the IAEA personnel monitoring the freeze.
            (7) North Korea has announced its intention to withdraw 
        from the Treaty on the Non-Proliferation of Nuclear Weapons, 
        done at Washington, London, and Moscow on July 1, 1968 (21 UST 
        483).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreed framework.--The term ``Agreed Framework'' means 
        the Agreed Framework Between the United States of America and 
        the Democratic People's Republic of Korea, signed in Geneva on 
        October 21, 1994, and the Confidential Minute to that 
        agreement.
            (2) IAEA.--The term ``IAEA'' means the International Atomic 
        Energy Agency.
            (3) KEDO.--The term ``KEDO'' means the Korean Peninsula 
        Energy Development Organization.
            (4) North korea.--The term ``North Korea'' means the 
        Democratic People's Republic of Korea.
            (5) NPT.--The term ``NPT'' means the Treaty on the Non-
        Proliferation of Nuclear Weapons done at Washington, London, 
        and Moscow, July 1, 1968 (22 UST 483).

SEC. 4. SENSE OF CONGRESS REGARDING THE AGREED FRAMEWORK AND THE NORTH 
              KOREAN NUCLEAR WEAPONS PROGRAM.

    It is the sense of Congress that--
            (1) the Agreed Framework is, as a result of North Korea's 
        own illicit and deceitful actions over several years and recent 
        declaration, null and void;
            (2) North Korea's pursuit and development of nuclear 
        weapons--
                    (A) is of grave concern and represents a serious 
                threat to the security of the United States, its 
                regional allies, and friends;
                    (B) is a clear and present danger to United States 
                forces and personnel in the region and the United 
                States homeland; and
                    (C) seriously undermines the security and stability 
                of Northeast Asia; and
            (3) North Korea must immediately come into compliance with 
        its obligations under the Treaty on the Non-Proliferation of 
        Nuclear Weapons and other commitments to the international 
        community by--
                    (A) renouncing its nuclear weapons and materials 
                production ambitions;
                    (B) dismantling its nuclear infrastructure and 
                facilities;
                    (C) transferring all sensitive nuclear materials, 
                technologies, and equipment (including nuclear devices 
                in any stage of development) to the IAEA forthwith; and
                    (D) allowing immediate, full, and unfettered access 
                by IAEA inspectors to ensure that subparagraphs (A), 
                (B), and (C) have been fully and verifiably achieved; 
                and
                    (4) any diplomatic solution to the North Korean 
                crisis--
                            (A) should take into account that North 
                        Korea is not a trustworthy negotiating partner;
                            (B) must achieve the total dismantlement of 
                        North Korea's nuclear weapons and nuclear 
                        production capability; and
                            (C) must include highly intrusive 
                        verification requirements, including on-site 
                        monitoring and free access for the 
                        investigation of all sites of concern, that are 
                        no less stringent than those imposed on Iraq 
                        pursuant to United Nations Security Council 
                        Resolution 1441 (2002) and previous 
                        corresponding resolutions.

SEC. 5. PROHIBITION ON UNITED STATES ASSISTANCE UNDER THE AGREED 
              FRAMEWORK.

    No department, agency, or entity of the United States Government 
may provide assistance to North Korea or the Korean Peninsula Energy 
Development Organization under the Agreed Framework.

SEC. 6. LIMITATIONS ON NUCLEAR COOPERATION.

    (a) Restriction on Entry Into Force of Nuclear Cooperation 
Agreement and Implementation of the Agreement.--Section 822(a) of the 
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
Act, Fiscal Years 2000 and 2001 (as enacted by section 1000(b)(7) of 
Public Law 106-113; 113 Stat. 1501A-472) is amended to read as follows:
    ``(a) In General.--
            ``(1) Restrictions.--Notwithstanding any other provision of 
        law or any international agreement, unless or until the 
        conditions described in paragraph (2) are satisfied--
                    ``(A) no agreement for cooperation (as defined in 
                section 11 b. of the Atomic Energy Act of 1954 (42 
                U.S.C. 2014 b.)) between the United States and North 
                Korea may become effective;
                    ``(B) no license may be issued for export directly 
                or indirectly to North Korea of any nuclear material, 
                facilities, components, or other goods, services, or 
                technology that would be subject to such agreement;
                    ``(C) no approval may be given for the transfer or 
                retransfer directly or indirectly to North Korea of any 
                nuclear material, facilities, components, or other 
                goods, services, or technology that would be subject to 
                such agreement;
                    ``(D) no license may be issued under the Export 
                Administration Act of 1979 for the export to North 
                Korea of any item or related technical data which, as 
                determined under section 309(c) of the Nuclear Non-
                Proliferation Act of 1978, could be of significance for 
                nuclear explosive purposes or the production of nuclear 
                materials;
                    ``(E) no license may be issued under section 109 b. 
                of the Atomic Energy Act of 1954 for the export to 
                North Korea of any component, substance, or item that 
                is subject to a license requirement under such section;
                    ``(F) no approval may be granted, under the Export 
                Administration Act of 1979 or section 109 b.(3) of the 
                Atomic Energy Act of 1954, for the retransfer to North 
                Korea of any item, technical data, component, or 
                substance described in subparagraph (D) or (E); and
                    ``(G) no authorization may be granted under section 
                57 b.(2) of the Atomic Energy Act of 1954 for any 
                person to engage, directly or indirectly, in the 
                production of special nuclear material (as defined in 
                section 11 aa. of the Atomic Energy Act of 1954) in 
                North Korea.
            ``(2) Conditions.--The conditions referred to in paragraph 
        (1) are that--
                    ``(A) the President determines and reports to the 
                Committee on International Relations of the House of 
                Representatives and the Committee on Foreign Relations 
                of the Senate that--
                            ``(i) North Korea has come into full 
                        compliance with its safeguards agreement with 
                        the IAEA (INFCIRC/403), and has taken all steps 
                        that have been deemed necessary by the IAEA in 
                        this regard;
                            ``(ii) North Korea has permitted the IAEA 
                        full access to--
                                    ``(I) all additional sites and all 
                                information (including historical 
                                records) deemed necessary by the IAEA 
                                to verify the accuracy and completeness 
                                of North Korea's initial report of May 
                                4, 1992, to the IAEA on all nuclear 
                                sites and material in North Korea; and
                                    ``(II) all nuclear sites deemed to 
                                be of concern to the IAEA subsequent to 
                                that report;
                            ``(iii) North Korea has consistently and 
                        verifiably taken steps to implement the Joint 
                        Declaration on Denuclearization, and is in full 
                        compliance with its obligations under numbered 
                        paragraphs 1, 2, and 3 of the Joint Declaration 
                        on Denuclearization;
                            ``(iv) North Korea does not have uranium 
                        enrichment or nuclear reprocessing facilities, 
                        and is making no progress toward acquiring or 
                        developing such facilities;
                            ``(v) North Korea does not have nuclear 
                        materials or nuclear weapons and is making no 
                        effort to acquire, develop, test, produce, or 
                        deploy such weapons; and
                            ``(vi) the transfer, approval, licensing, 
                        or authorization of any of such materials, 
                        components, facilities, goods, services, 
                        technologies, data, substances or production 
                        to, for or in North Korea is in the national 
                        interest of the United States; and
                    ``(B) there is enacted into law a joint resolution 
                stating in substance the approval of Congress of such 
                action.''.
    (b) Conforming Amendment.--Section 822(b) of such Act is amended by 
striking ``subsection (a)'' and inserting ``subsection (a)(1)''.

SEC. 7. APPLICATION OF UNITED STATES SANCTIONS.

    (a) Authority To Impose Additional United States Sanctions Against 
North Korea.--The President is authorized to exercise any of his 
authorities under the Foreign Assistance Act of 1961, the Arms Export 
Control Act, the International Emergency Economic Powers Act, or any 
other provision of law to impose full economic sanctions against North 
Korea, or to take any other appropriate action against North Korea, 
including the interdiction of shipments of weapons, weapons-related 
components, materials, or technologies, or dual-use items traveling to 
or from North Korea, in response to the activities of North Korea to 
develop nuclear weapons in violation of North Korea's international 
obligations.
    (b) Prohibition on Availability of Funds for Easing of Sanctions 
Against North Korea.--None of the funds appropriated under any 
provision of law may be made available to carry out any sanctions 
regime against North Korea that is less restrictive than the sanctions 
regime in effect against North Korea immediately prior to the September 
17, 1999, announcement by the President of an easing of sanctions 
against North Korea.

SEC. 8. PURSUIT OF MULTILATERAL MEASURES.

    The President should take all necessary and appropriate actions to 
obtain--
            (1) international condemnation of North Korea for its 
        pursuit of nuclear weapons and serious breach of the Treaty on 
        the Non-Proliferation of Nuclear Weapons and other 
        international obligations, and
            (2) multilateral diplomatic and economic sanctions against 
        North Korea that are at least as restrictive as United Nations 
        Security Council Resolution 661 concerning Iraq.

SEC. 9. TREATMENT OF REFUGEES FROM NORTH KOREA.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should begin immediately to work with other countries in the 
region to adopt a policy with respect to refugees from North Korea that 
would--
            (1) guarantee all such refugees safe arrival in a country 
        of first asylum in which the refugees would stay on a temporary 
        basis; and
            (2) promote burden-sharing of refugee costs between 
        countries by providing for the resettlement of the refugees 
        from the country of first asylum to a third country.
    (b) Eligibility for Refugee Status.--
            (1) In general.--In the case of an alien who is a national 
        of North Korea, the alien may establish, for purposes of 
        admission as a refugee under section 207 of the Immigration and 
        Nationality Act, that the alien has a well-founded fear of 
        persecution on account of race, religion, nationality, 
        membership in a particular social group, or political opinion 
        by asserting such a fear and asserting a credible basis for 
        concern about the possibility of such persecution.
            (2) Not treated as national of south 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 
        North Korea shall not be considered a national of the Republic 
        of Korea.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 10. INCREASED BROADCASTING BY RADIO FREE ASIA.

    (a) In General.--In making grants to Radio Free Asia, the 
Broadcasting Board of Governors shall ensure that Radio Free Asia 
increases its broadcasting with respect to North Korea to 24 hours each 
day.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 11. SENSE OF CONGRESS.

    It is the sense of Congress that the United States, in conjunction 
with the Republic of Korea and other allies in the Pacific region, 
should take measures, including military reinforcements, enhanced 
defense exercises and other steps as appropriate, to ensure--
            (1) the highest possible level of deterrence against the 
        multiple threats that North Korea poses; and
            (2) the highest level of readiness of United States and 
        allied forces should military action become necessary.

SEC. 12. PRESIDENTIAL REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the President shall submit a report to Congress regarding his actions 
to implement the provisions of this Act.

Summary: North Korea Democracy Act of 2003 - Expresses the sense of Congress that: (1) the Agreed Framework of October 21, 1994 is, as a result of North Korea's actions, null and void. (2) North Korea's pursuit and development of nuclear weapons represents a serious threat to the security of the United States, its regional allies, and friends, and seriously undermines the security and stability of Northeast Asia. And (3) North Korea must come into compliance with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and other commitments to the international community by taking specified actions. Prohibits US assistance to North Korea or the Korean Peninsula Energy Development Organization under the Agreed Framework. Prohibits nuclear cooperation between the United States and North Korea unless: (1) the President determines and reports to specified congressional committees that North Korea is in compliance with its safeguards agreement with the International Atomic Energy Agency (IAEA), has permitted the IAEA full access to all nuclear sites, and has taken steps to implement and fulfill its obligations under the Joint Declaration on Denuclearization. And (2) Congress enacts a joint resolution approving such action. Authorizes the President to impose full economic sanctions against North Korea, or take other appropriate specified actions, in response to activities of North Korea to develop nuclear weapons in violation of its international obligations. Urges the United States to work with other countries in the region to adopt a policy of receiving temporarily refugees from North Korea. Authorizes refugee status to nationals of North Korea for purposes of admission into the United States. Provides for Radio Free Europe to increase broadcasting to North Korea to 24 hours a day.