I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘North Korean Free5 dom Act of 2003’’. 
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1 SEC. 2. TABLE OF CONTENTS. 

2 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.

3 SEC. 3. FINDINGS. 

4 Congress makes the following findings: 
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1 (1) The economies of North Korea and South 

2 Korea are dramatically different. The 2002 per cap3 ita gross domestic product of North Korea is esti4 mated to be $762; in South Korea it is estimated to 

5 be $10,013. North Korea’s 2002 gross domestic 

6 product real growth rate is estimated at 1.2 percent, 

7 while South Korea’s is estimated at 6.3 percent. 

8 North Korea’s 2002 exports are estimated at 

9 $730,000,000, while South Korea’s are estimated at 

10 $162,000,000,000. 

11 (2) The health of the North Korean people as 

12 a whole is significantly worse than the health of the 

13 people of South Korea. UNICEF estimates the in14 fant mortality rate in 2001 in North Korea to be 42 

15 deaths per 1,000 live births, while in South Korea 

16 it is 5 deaths per 1,000 live births. The estimated 

17 life expectancy for babies born in 2002 is 3.5 years 

18 longer in South Korea than it is in North Korea. 

19 (3) Nearly 1 North Korean child in 10 suffers 

20 from acute malnutrition, and 4 out of every 10 chil21 dren are chronically malnourished, according to a 

22 United Nations-European Union survey in 2002. 

23 (4) The differences in the economic perform24 ance of North Korea and South Korea and the 

25 health of the people living in those countries cannot 
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1 be accounted for by differences in land area or nat2 ural resources. 

3 (5) The people of the Korean peninsula are un4 justly divided into 2 different countries, one of which 

5 offers its citizens freedom, prosperity, and hope for 

6 the future, and one of which oppresses its people 

7 and threatens them with imprisonment, starvation, 

8 and death. 

9 (6) The people of South Korea are able to exer10 cise their basic rights, and in doing so have impres11 sively created and sustained a peaceful, just, and 

12 prosperous society over the past 60 years. The peo13 ple of South Korea have maintained and are contin14 ually improving upon this success. 

15 (7) The people of North Korea deserve the 

16 same rights, freedom, and prosperity enjoyed by 

17 their relatives in South Korea, but the current Gov18 ernment of North Korea has denied them those 

19 rights by—

20 (A) forbidding the exercise of free speech 

21 and religion; 

22 (B) imprisoning citizens and their families 

23 in a system of prison and labor camps for exer24 cising basic rights;
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1 (C) mismanaging the economy and food 

2 production, with the result that millions of peo3 ple are threatened with starvation; 

4 (D) dismantling the national food system, 

5 with the result that the customary rules and ar6 rangements by which people exchange labor for 

7 food are no longer in operation; and 

8 (E) forbidding nearly all contact with the 

9 outside world. 

10 (8) Many persons wish to flee North Korea but 

11 cannot do so because of the threat of arrest, impris12 onment, and execution in North Korea and the 

13 threat of repatriation to North Korea if they are dis14 covered in another country. 

15 (9) North Koreans, including agents of the 

16 North Korean Government, have engaged in various 

17 criminal activities, including international trafficking 

18 in narcotics, arms, and persons. 

19 (10) The North Korean Government has op20 pressed its people by imprisoning, executing, or 

21 starving people for such crimes as ‘‘ideological diver22 gence,’’ ‘‘opposing socialism,’’ and other 

23 ‘‘counterrevolutionary crimes.’’ An estimated 

24 200,000 people are imprisoned in North Korea for 

25 political reasons. 
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1 (11) The North Korean people are denied their 

2 right to self-determination by the dictatorship of 

3 Kim Jong Il. 

4 (12) Estimates of the number of North Korean 

5 refugees living in China range from 100,000 to 

6 300,000 people. 

7 (13) As many as 3,500,000 North Koreans 

8 have died from hunger or famine-related disease 

9 since 1994. 

10 (14) South Korea has accepted fewer than 

11 3,000 North Korean refugees for resettlement in 

12 South Korea since 1953. 

13 (15) Fewer than 100 North Koreans were 

14 granted public interest parole into the United States 

15 in each of 1998 and 1999. 

16 (16) Korean unification under a peaceful, politi17 cally free, market-oriented system could contribute 

18 to political stability and economic prosperity in 

19 northeast Asia and beyond. 

20 (17) United States and world security, which is 

21 threatened by North Korea’s production and export 

22 of weapons of mass destruction, delivery systems, 

23 and related technologies will best be advanced by the 

24 establishment of freedom, democracy, and rights for 

25 the North Korean people. 
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1 (18) The principal responsibility for North Ko2 rean refugee resettlement naturally falls to the Gov3 ernment of South Korea, but the United States 

4 should play a leadership role in focusing inter5 national attention on the plight of these refugees, 

6 formulating international solutions to that profound 

7 humanitarian dilemma, and making prudent ar8 rangements to accept a credible number of refugees 

9 for domestic resettlement. 

10 SEC. 4. PURPOSES. 

11 The purposes of this Act are—

12 (1) to declare that it is the policy of the United 

13 States—

14 (A) to end North Korea’s development and 

15 transfer of weapons of mass destruction, deliv16 ery systems, and related materials and tech17 nologies; 

18 (B) to assist in the reunification of the Ko19 rean peninsula under a democratic system of 

20 government; 

21 (C) to achieve respect for and protection of 

22 human rights in North Korea in accordance 

23 with United Nations conventions; and 
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1 (D) to help construct and provide a more 

2 durable humanitarian solution to the plight of 

3 North Korean refugees; and 

4 (2) to take and encourage steps to implement 

5 this policy. 

6 SEC. 5. DEFINITIONS. 

7 In this Act: 

8 (1) The term ‘‘appropriate congressional com9 mittees’’ means the Committee on Foreign Relations 

10 and the Select Committee on Intelligence of the Sen11 ate and the Committee on International Relations 

12 and the Permanent Select Committee on Intelligence 

13 of the House of Representatives. 

14 (2) The term ‘‘China’’ means the People’s Re15 public of China. 

16 (3) The term ‘‘defectors’’ means persons with 

17 current or former positions of responsibility in the 

18 government or military of North Korea who have left 

19 or are attempting to leave North Korea without the 

20 authorization of their superiors. 

21 (4) The term ‘‘North Korea’’ means the Demo22 cratic People’s Republic of Korea. 

23 (5) The term ‘‘North Koreans’’ means persons 

24 who are natives or citizens of North Korea. 
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1 (6) The term ‘‘political offenses’’ means crimes 

2 that are designed to prevent free speech, free exer3 cise of religion, opposition to the government, free 

4 travel and movement, or other similar offenses. 

5 (7) The term ‘‘Secretary’’ means the Secretary 

6 of Homeland Security. 

7 TITLE I—PROTECTING THE 

8 HUMAN RIGHTS OF NORTH 

9 KOREANS 

10 SEC. 101. REPORTS. 

11 (a) PRISON AND LABOR CAMPS.—

12 (1) CLASSIFIED REPORT.—Not later than 90 

13 days after the date of the enactment of this Act, the 

14 Secretary of State, in cooperation with the Depart15 ment of Homeland Security, the Central Intelligence 

16 Agency and other United States intelligence agen17 cies, shall submit to the appropriate congressional 

18 committees a report in classified form on the North 

19 Korean prison and labor camp system. The report 

20 shall particularly focus on any prisons or labor 

21 camps that are used to house persons for political 

22 offenses. The report shall include information on—

23 (A) offenses for which prisoners are sent to 

24 prison; 

25 (B) torture;
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1 (C) forced labor; 

2 (D) medical experimentation; 

3 (E) indoctrination and reeducation; 

4 (F) executions; and 

5 (G) the adequacy or inadequacy of food, 

6 water, and sanitation. 

7 (2) UNCLASSIFIED REPORT.—No later than 30 

8 days after the date on which the report is submitted 

9 pursuant to paragraph (1), the President, in con10 sultation with the appropriate congressional commit11 tees, shall submit to Congress an unclassified 

12 version of the report. The report shall include un13 classified satellite photography of any prisons and 

14 labor camps described in the report. 

15 (b) DEFECTORS.—

16 (1) CLASSIFIED REPORT.—Not later than 90 

17 days after the date of the enactment of this Act, the 

18 Secretary of State, in cooperation with the Central 

19 Intelligence Agency and other United States intel20 ligence agencies, shall submit to the appropriate con21 gressional committees a classified report describing 

22 all United States Government policies toward North 

23 Korean defectors and explaining the reasons for 

24 those policies. 
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1 (2) UNCLASSIFIED REPORT.—Not later than 30 

2 days after the date on which the report is submitted 

3 pursuant to paragraph (1), the President, in con4 sultation with the appropriate congressional commit5 tees, shall submit to Congress an unclassified 

6 version of the report. The report shall include infor7 mation on—

8 (A) the number of North Korean defectors 

9 who have been identified; 

10 (B) the countries or regions to which these 

11 defectors have fled; 

12 (C) the estimated total number of North 

13 Korean defectors; and 

14 (D) the reasons why the Department of 

15 State has never identified North Koreans, par16 ticularly high level defectors, as a Priority 2 

17 group of special concern, as defined by the Sec18 retary of State, for expedited consideration in 

19 the United States refugee program. 

20 SEC. 102. THE UNITED NATIONS. 

21 (a) IN GENERAL.—It is the sense of Congress that 

22 the people of the United States believe that the United 

23 Nations has a significant role to play in promoting and 

24 improving human rights in North Korea, and United 

25 States confidence in the United Nations will be enhanced 
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1 if the United Nations deals aggressively with the issue of 

2 human rights in North Korea. 

3 (b) REPORTS BY THE UNITED NATIONS.—It is the 

4 sense of Congress that the United Nations should begin 

5 preparation of complete reports on—

6 (1) the prison and labor camp system in North 

7 Korea, particularly those prisons and labor camps 

8 that are used to house persons for political offenses, 

9 including camps reportedly for children under the 

10 age of 17; and 

11 (2) the North Korean refugee situation in 

12 China. 

13 SEC. 103. RELIGIOUS PERSECUTION IN NORTH KOREA. 

14 (a) COMMISSION ON INTERNATIONAL RELIGIOUS

15 FREEDOM.—It is the sense of Congress that, not later 

16 than 1 year after the date of the enactment of this Act, 

17 the United States Commission on International Religious 

18 Freedom should hold extended informational hearings in 

19 the United States on the status of religious persecution 

20 in North Korea. 

21 (b) COUNTRIES OF PARTICULAR CONCERN.—

22 (1) ANNUAL REPORT.—The President shall in23 clude in each annual report on proposed refugee ad24 mission pursuant to section 207(d) of the Immigra25 tion and Nationality Act (8 U.S.C. 1157(d)), infor-
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1 mation about specific measures taken to facilitate 

2 access to the United States refugee program for in3 dividuals who have fled countries of particular con4 cern, as defined by the Secretary of Homeland Secu5 rity, for violations of religious freedom pursuant to 

6 section 402(b) of the International Religious Free7 dom Act of 1998 (22 U.S.C. 6442(b)). 

8 (2) INFORMATION.—The information included 

9 in the annual report described in paragraph (1) shall 

10 include, for each country of particular concern, a de11 scription of access of the nationals or former habit12 ual residents of that country to a refugee determina13 tion on the basis of—

14 (A) referrals by external agencies to a ref15 ugee adjudication; 

16 (B) groups deemed to be of special human17 itarian concern to the United States for pur18 poses of refugee resettlement; and 

19 (C) family links to the United States. 

20 SEC. 104. HUMANITARIAN AND FOOD ASSISTANCE TO 

21 NORTH KOREANS. 

22 (a) REPORT ON UNITED STATES FOOD AID.—Not 

23 later than 180 days after the date of the enactment of 

24 this Act, the Director of the United States Agency for 

25 International Development shall submit to the appropriate 
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1 congressional committees a report setting forth the fund2 ing for, and use of Federal resources by, entities that are 

3 providing humanitarian or food aid to North Korea. 

4 (b) FUNDING TO NONGOVERNMENTAL ORGANIZA5 TIONS.—The Director of the United States Agency for 

6 International Development may provide financial assist7 ance, including grants, to the World Food Program and 

8 any United States nongovernmental organizations that are 

9 able to— 

10 (1) provide food aid and other humanitarian as11 sistance to North Koreans; and 

12 (2) demonstrate—

13 (A) a successful record of providing food 

14 aid to North Koreans; or 

15 (B) the intent and capacity to provide such 

16 aid. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated not less than 

19 $100,000,000 for each of the fiscal years 2004 through 

20 2007 for the purpose of carrying out this section. 

21 (d) SENSE OF CONGRESS.—It is the sense of Con22 gress that significant increases in United States humani23 tarian and food assistance for the people of North Korea 

24 should be connected to improvements in transparency,
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1 monitoring, and access to vulnerable populations through2 out North Korea. 

3 TITLE II—ACTIONS TO PROTECT 

4 NORTH KOREAN REFUGEES 

5 SEC. 201. PURSUIT OF FIRST ASYLUM POLICY. 

6 It is the sense of Congress that the United States 

7 should pursue an international agreement to adopt an ef8 fective ‘‘first asylum’’ policy, modeled on the first asylum 

9 policy for Vietnamese refugees, that guarantees safe haven 

10 and assistance to North Korean refugees who arrive in the 

11 United States, until such time as conditions in North 

12 Korea allow for their return. 

13 SEC. 202. ADOPTION OF NORTH KOREAN CHILDREN BY 

14 AMERICANS. 

15 It is the sense of Congress that—

16 (1) thousands of North Korean orphans lan17 guish in orphanages with little hope of being adopted 

18 and are threatened with starvation and disease if 

19 they remain in North Korea; 

20 (2) thousands of United States citizens would 

21 welcome the opportunity to adopt North Korean or22 phans; and 

23 (3) the Secretary of State should seek—

24 (A) to promote the circumstances nec25 essary to allow reputable adoption providers to 
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1 assist Americans in adopting North Korean 

2 children; and 

3 (B) to encourage the North Korean Gov4 ernment to take the steps necessary to properly 

5 facilitate such adoptions. 

6 SEC. 203. HUMANITARIAN PAROLE. 

7 (a) PREREQUISITES FOR ELIGIBILITY.—Because 

8 North Korean refugees do not enjoy regular, unimpeded, 

9 and effective access to the United States refugee pro10 gram—

11 (1) for purposes of section 212(d)(5)(A) of the 

12 Immigration and Nationality Act (8 U.S.C. 

13 1182(d)(5)(A)), the parole of any alien who is a na14 tive or citizen of North Korea seeking to enter the 

15 United States, and who is a victim of North Korean 

16 Government malfeasance, shall be considered to be 

17 of significant public benefit; and 

18 (2) for purposes of section 212(d)(5)(B) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1182(d)(5)(B)), the parole of any alien who is a ref21 ugee and a native or citizen of North Korea seeking 

22 to enter the United States, and who is a victim of 

23 North Korean Government malfeasance, shall be 

24 considered to be for compelling reasons in the public 

25 interest with respect to that particular alien. 
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1 (b) DEFINITION.—For purposes of this subsection, a 

2 victim of North Korean Government malfeasance is a 

3 former political prisoner, a member of a persecuted reli4 gious group, a forced-labor conscript, a victim of debili5 tating malnutrition, a person deprived of professional cre6 dentials or subjected to other disproportionately harsh or 

7 discriminatory treatment resulting from his perceived or 

8 actual political or religious beliefs or activities, or a person 

9 who appears to have a credible claim of other persecution 

10 by the Government of North Korea. 

11 (c) DISCRETION.—Nothing in this section shall be 

12 construed to prohibit the Secretary from establishing con13 ditions for parole under section 212(d)(5) of the Immigra14 tion and Nationality Act (8 U.S.C. 1182(d)(5)), or from 

15 denying parole to such aliens who are otherwise ineligible 

16 for parole. 

17 (d) LENGTH OF PAROLE.—

18 (1) IN GENERAL.—Notwithstanding section 

19 212(d)(5) of the Immigration and Nationality Act (8 

20 U.S.C. 1182(d)(5)), if parole is granted to an alien 

21 who is a native or citizen of North Korea pursuant 

22 to subsection (a), the parole shall be effective until 

23 the final resolution of any application for adjustment 

24 of status made pursuant to section 204 of this Act. 
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1 (2) DENIAL OF ADJUSTMENT OF STATUS.—If 

2 an application for adjustment of status made pursu3 ant to section 204 is denied, the Secretary may, in 

4 the discretion of the Secretary, parole the alien de5 scribed in paragraph (1) pursuant to section 

6 212(d)(5) of the Immigration and Nationality Act (8 

7 U.S.C. 1182(d)(5)). 

8 (3) EXTENSION OF PAROLE PERIOD.—If no ap9 plication for adjustment of status is made pursuant 

10 to section 204 within 18 months after parole is 

11 granted to an alien described in paragraph (1), the 

12 Secretary may, in the discretion of the Secretary, ex13 tend the parole period temporarily under conditions 

14 that the Secretary prescribes. 

15 (4) NO GRANT OF PAROLE.—If parole is not 

16 granted to an alien described in paragraph (2), the 

17 alien shall be treated pursuant to section 212(d)(5) 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1182(d)(5)) as if the purposes of the alien’s parole 

20 have been served. 

21 (5) TERMINATION OF PAROLE.—Notwith22 standing any other provision of this section, the pa23 role period of an alien described in paragraph (1) 

24 shall terminate when the Secretary determines 

25 that—
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1 (A) the human rights record of North 

2 Korea, according to the Country Report on 

3 Human Rights Practices issued by the Depart4 ment of State, Bureau of Democracy, Human 

5 Rights, and Labor, is satisfactory; and 

6 (B) North Korea is no longer on the list of 

7 nations designated as State sponsors of ter8 rorism by the Secretary of State. 

9 (e) SUBSEQUENT REMOVAL PROCEEDINGS.—Noth10 ing in this section shall be construed to prohibit the Sec11 retary from instituting removal proceedings against an 

12 alien paroled into the United States under this section 

13 for—

14 (1) conduct committed after the parole of the 

15 alien into the United States; or 

16 (2) conduct or a condition that was not dis17 closed to the Secretary prior to the parole of the 

18 alien into the United States. 

19 SEC. 204. NORTH KOREAN STATUS ADJUSTMENT. 

20 (a) STATUS ADJUSTMENT.—Notwithstanding section 

21 245(c) of the Immigration and Nationality Act (8 U.S.C. 

22 1255(c)), and subject to the exception in section 245(j)(3) 

23 of the Immigration and Nationality Act, as added by sec24 tion 206(c) of this Act, the status of any alien who is a 

25 native or citizen of North Korea, has been inspected and
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1 admitted or paroled into the United States subsequent to 

2 July 1, 2003, and has been physically present in the 

3 United States for at least 1 year, may be adjusted by the 

4 Secretary, in the discretion of the Secretary and under 

5 such regulations as the Secretary may prescribe, to that 

6 of an alien lawfully admitted for permanent residence if—

7 (1) the alien makes an application for such ad8 justment within 18 months after parole is granted; 

9 (2) the alien is eligible to receive an immigrant 

10 visa and is admissible to the United States for per11 manent residence; and 

12 (3) the Secretary determines that the alien has 

13 complied with the requirements of subsection (b). 

14 (b) REQUIRED COOPERATION WITH THE UNITED

15 STATES GOVERNMENT.—The requirements of this sub16 section shall be satisfied if—

17 (1) the Secretary determines that—

18 (A) the alien is in possession of critical re19 liable information concerning the activities of 

20 the Government of North Korea or its agents, 

21 representatives, or officials, and the alien has 

22 cooperated or is currently cooperating, fully and 

23 in good faith, with appropriate persons within 

24 the United States Government regarding such 

25 information; or 
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1 (B) the alien is not in possession of critical 

2 reliable information concerning the activities of 

3 the Government of North Korea or its agents, 

4 representatives, or officials; and 

5 (2) the Secretary determines that the alien—

6 (A) did not enter the United States in a 

7 then-current capacity as an agent, representa8 tive, or official of the Government of North 

9 Korea, or for any purpose contrary to the pur10 poses of this Act or for any unlawful purpose; 

11 (B) is not, since entering the United 

12 States or at the time during which the applica13 tion for adjustment of status is filed or in proc14 ess, an agent, representative, or official of the 

15 Government of North Korea, or during such pe16 riod acting for any purpose contrary to the pur17 poses of this Act or for any unlawful purpose; 

18 and 

19 (C) in the judgment of the Secretary, is 

20 not likely to become an agent, representative, or 

21 official of the Government of North Korea, or 

22 act for any purpose contrary to the purposes of 

23 this Act or for any unlawful purpose. 

24 (c) EFFECT ON IMMIGRATION AND NATIONALITY

25 ACT.—
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1 (1) DEFINITIONS.—The definitions in sub2 sections (a) and (b) of section 101 of the Immigra3 tion and Nationality Act (8 U.S.C. 1101) shall apply 

4 to this section. 

5 (2) APPLICABILITY.—Nothing in this section 

6 shall be construed to repeal or restrict the powers, 

7 duties, functions, or authority of the Secretary in 

8 the administration and enforcement of the Immigra9 tion and Nationality Act (8 U.S.C. 1101 et seq.) or 

10 any other Federal law relating to immigration, na11 tionality, or naturalization. 

12 (d) SUBSEQUENT REMOVAL PROCEEDINGS.—Noth13 ing in this section shall be construed to prohibit the Sec14 retary from instituting removal proceedings against an 

15 alien whose status was adjusted under subsection (a) 

16 for—

17 (1) conduct committed after such adjustment of 

18 status; or 

19 (2) conduct or a condition that was not dis20 closed to the Secretary prior to such adjustment of 

21 status. 

22 SEC. 205. TEMPORARY PROTECTED STATUS. 

23 (a) EXTRAORDINARY AND TEMPORARY CONDITIONS

24 CONSIDERED TO EXIST.—
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1 (1) IN GENERAL.—For purposes of section 

2 244(b)(1)(C) of the Immigration and Nationality 

3 Act (8 U.S.C. 1254a(b)(1)(C)), extraordinary and 

4 temporary conditions shall be considered to exist in 

5 North Korea that prevent aliens who are natives or 

6 citizens of North Korea from returning to North 

7 Korea in safety. 

8 (2) TERMINATION OF PROTECTED STATUS.—

9 The extraordinary and temporary conditions referred 

10 to in paragraph (1) shall be considered to exist until 

11 the Secretary determines that—

12 (A) the human rights and trafficking 

13 records of North Korea, according to the Coun14 try Report on Human Rights Practices issued 

15 by the United States Department of State, Bu16 reau of Democracy, Human Rights, and Labor, 

17 and the country report on trafficking issued by 

18 the Trafficking in Persons Office of the Depart19 ment of State, are satisfactory; and 

20 (B) North Korea is no longer on the list of 

21 nations designated as state sponsors of ter22 rorism by the United States Department of 

23 State. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that the United States should use its diplomatic 
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1 means to promote the institution of measures similar to 

2 humanitarian parole or the form of temporary protected 

3 status granted under subsection (a), in countries that 

4 neighbor North Korea. 

5 SEC. 206. S VISA. 

6 (a) EXPANSION OF S VISA CLASSIFICATION.—Sec7 tion 101(a)(15)(S) of the Immigration and Nationality 

8 Act (8 U.S.C. 1101(a)(15)(S)) is amended—

9 (1) in clause (i)—

10 (A) by striking ‘‘Attorney General’’ each 

11 place that term appears and inserting ‘‘Sec12 retary of Homeland Security’’; and 

13 (B) by striking ‘‘or’’ at the end; and 

14 (2) in clause (ii)—

15 (A) by striking ‘‘Attorney General’’ and in16 serting ‘‘Secretary of Homeland Security’’; and 

17 (B) by striking ‘‘1956,’’ and all that fol18 lows through ‘‘the alien;’’ and inserting the fol19 lowing: ‘‘1956; or 

20 ‘‘(iii) who the Secretary of Homeland Se21 curity determines—

22 ‘‘(I) is in possession of critical reliable 

23 information concerning the activities of 

24 governments or other organizations, or 

25 their agents, representatives, or officials,
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1 with respect to weapons of mass destruc2 tion, delivery systems, or related materials 

3 and technologies if such governments or 

4 organizations are at risk of using or ex5 porting such weapons; and 

6 ‘‘(II) is willing to supply or has sup7 plied, fully and in good faith, information 

8 described in subclause (I) to appropriate 

9 persons within the United States Govern10 ment; 

11 and, if the Secretary of Homeland Security considers 

12 it to be appropriate, the spouse, married and unmar13 ried sons and daughters, and parents of an alien de14 scribed in clause (i), (ii), or (iii) if accompanying, or 

15 following to join, the alien;’’. 

16 (b) NUMERICAL LIMITATION.—Section 214(k)(1) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1184(k)(1)) is amended by striking ‘‘The number of 

19 aliens’’ and all that follows through the period and insert20 ing the following: ‘‘The number of aliens who may be pro21 vided a visa as nonimmigrants under section 

22 101(a)(15)(S) in any fiscal year may not exceed 3,500.’’. 

23 (c) ADJUSTMENT OF STATUS.—Section 245(j) of the 

24 Immigration and Nationality Act (8 U.S.C. 1255(j)) is 

25 amended—
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1 (1) by striking ‘‘Attorney General’’ each place 

2 that term appears and inserting ‘‘Secretary of 

3 Homeland Security’’; 

4 (2) by redesignating paragraph (3) as para5 graph (4); 

6 (3) by inserting after paragraph (2) the fol7 lowing: 

8 ‘‘(3) If, in the sole discretion of the Secretary of 

9 Homeland Security—

10 ‘‘(A) a nonimmigrant admitted into the United 

11 States under section 101(a)(15)(S)(iii) has supplied 

12 information described in subclause (I) of that sec13 tion; and 

14 ‘‘(B) the provision of such information has sub15 stantially contributed to the purposes of the North 

16 Korean Freedom Act of 2003; 

17 the Secretary of Homeland Security may adjust the status 

18 of the alien (and the spouse, married and unmarried sons 

19 and daughters, and parents of the alien if admitted under 

20 such section) to that of an alien lawfully admitted for per21 manent residence.’’; and 

22 (4) in paragraph (4), as so redesignated, by 

23 striking ‘‘Upon the approval of adjustment of status 

24 under paragraph (1) or (2),’’ and inserting ‘‘Upon 
27

•HR 3573 IH 

1 the approval of adjustment of status under para2 graph (1), (2), or (3),’’. 

3 SEC. 207. WEAPONS OF MASS DESTRUCTION INFORMANT 

4 CENTER. 

5 (a) ESTABLISHMENT.—There is established within 

6 the Department of Homeland Security a Weapons of Mass 

7 Destruction Informant Center. 

8 (b) RESPONSIBILITIES.—The Weapons of Mass De9 struction Informant Center established under subsection 

10 (a) shall—

11 (1) educate consular officers regarding the visa 

12 classification described in section 101(a)(15)(S)(iii) 

13 of the Immigration and Nationality Act (8 U.S.C. 

14 1101(a)(15)(S)(iii)); 

15 (2) facilitate, receive, and evaluate visa requests 

16 for nonimmigrants described in section 

17 101(a)(15)(S)(iii) in consultation with appropriate 

18 personnel both within and outside of the Department 

19 of Homeland Security; 

20 (3) in the event the Weapons of Mass Destruc21 tion Informant Center recommends the approval of 

22 visa requests for nonimmigrants described in section 

23 101(a)(15)(S)(iii), act in coordination with the Di24 rector of the Bureau of Citizenship and Immigration 

25 Services and other appropriate government agencies 
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•HR 3573 IH 

1 to facilitate the issuance of such visas, including ad2 ditional visas as are considered to be appropriate for 

3 the spouse, married or unmarried sons and daugh4 ters, and parents of the alien whose request was 

5 granted; 

6 (4) facilitate the cooperation of aliens who re7 ceive such visas with the United States Government 

8 in ways that further the purposes of the visa and the 

9 goals of this Act; 

10 (5) ensure that aliens who receive such visas 

11 comply with the terms of the visa; and 

12 (6) ensure that such visas are not utilized as a 

13 method of gaining entry into the United States for 

14 any purpose other than those outlined in this Act. 

15 SEC. 208. RIGHT TO ACCEPT EMPLOYMENT. 

16 Section 208(d)(2) of the Immigration and Nationality 

17 Act (8 U.S.C. 1158(d)(2)) is amended—

18 (1) by striking ‘‘Attorney General’’ and insert19 ing ‘‘Secretary of Homeland Security’’; and 

20 (2) by adding at the end the following: ‘‘In the 

21 case of an applicant who is a citizen or native of 

22 North Korea, the Secretary of Homeland Security 

23 shall issue regulations under which such applicant 

24 shall be entitled to employment authorization, and 
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•HR 3573 IH 

1 such applicant shall not be subject to the 180-day 

2 limitation described in the previous sentence.’’. 

3 SEC. 209. REFUGEE STATUS. 

4 The Secretary of State shall designate natives or citi5 zens of North Korea who apply for refugee status under 

6 section 207 of the Immigration and Nationality Act (8 

7 U.S.C. 1157), and who are former political prisoners, 

8 members of persecuted religious groups, forced-labor 

9 conscripts, victims of debilitating malnutrition, persons 

10 deprived of professional credentials or subjected to other 

11 disproportionately harsh or discriminatory treatment re12 sulting from their perceived or actual political or religious 

13 beliefs or activities, or others who appear to have a cred14 ible claim of other persecution, as a Priority 2 group of 

15 special concern, as defined by the Secretary of State, for 

16 purposes of refugee resettlement. 

17 SEC. 210. FUNDING FOR THE UNITED NATIONS HIGH COM18 MISSIONER FOR REFUGEES. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that—

21 (1) the United Nations High Commissioner for 

22 Refugees (UNHCR) should monitor the situation of 

23 North Korean refugees in China and provide assist24 ance to those refugees;
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•HR 3573 IH 

1 (2) the Government of China should provide the 

2 UNHCR with access to any North Koreans inside 

3 its borders to enable the UNHCR to determine 

4 whether they are refugees and whether they require 

5 assistance, as required by the 1951 United Nations 

6 Convention Relating to the Status of Refugees, the 

7 1967 protocol, and Article III, paragraph 5 of the 

8 Agreement on the upgrading of the UNHCR Mission 

9 in the People’s Republic of China to UNHCR 

10 branch office in the People’s Republic of China 

11 signed at Geneva, December 1, 1995 (referred to in 

12 this section as the ‘‘UNHCR Mission Agreement’’); 

13 (3) the Government of China should not pro14 hibit such access by unilaterally declaring North Ko15 reans inside of China to be ‘‘economic migrants’’; 

16 (4) the UNHCR, in order to effectively carry 

17 out its mandate to protect refugees, should liberally 

18 employ as professionals or experts on mission per19 sons with significant experience in humanitarian aid 

20 work among displaced North Koreans in China; and 

21 (5) the UNHCR, in order to effectively carry 

22 out its mandate to protect refugees, should liberally 

23 contract with appropriate nongovernmental organi24 zations that have a proven record of providing hu25 manitarian aid to displaced North Koreans in China. 
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•HR 3573 IH 

1 (b) ARBITRATION.—It is the sense of Congress that 

2 should the Government of China fail to provide the 

3 UNHCR full access to all North Koreans within its bor4 ders, the UNHCR should initiate arbitration proceedings 

5 pursuant to Article XVI of the UNHCR Mission Agree6 ment and appoint an arbitrator for the UNHCR. 

7 SEC. 211. FUNDING FOR HUMAN RIGHTS ORGANIZATIONS. 

8 (a) GRANTS TO ENTITIES THAT ASSIST NORTH KO9 REAN REFUGEES.—

10 (1) IN GENERAL.—The Administrator of the 

11 United States Agency for International Development 

12 may make grants to nongovernmental, non-profit 

13 human rights organizations or persons, or foreign 

14 governmental organizations—

15 (A) that—

16 (i) provide assistance to natives or 

17 citizens of North Korea who are attempt18 ing to escape from North Korea or from 

19 agents of North Korea outside that coun20 try; or 

21 (ii) establish or operate camps or re22 settlement centers for North Korean refu23 gees; and 

24 (B) that can demonstrate—
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•HR 3573 IH 

1 (i) a successful record of providing the 

2 type of assistance to be funded; or 

3 (ii) the intent and capacity to provide 

4 such assistance. 

5 (2) TIME OF GRANTS.—A grant provided under 

6 this subsection may not exceed 3 years in duration. 

7 (3) REPORTING REQUIREMENTS.—Each entity 

8 or person awarded a grant pursuant to this sub9 section shall, not later than 1 year after the date the 

10 grant is awarded, submit a report to the Director re11 garding the activities of, and use of funds awarded 

12 through such grant by, such person or entity during 

13 the previous year. Notwithstanding any other provi14 sion of law, the contents of each such report shall 

15 not be revealed until 10 years after the date on 

16 which the report was submitted. 

17 (b) GRANTS TO ORGANIZATIONS THAT ASSIST

18 NORTH KOREAN ORPHANS.—

19 (1) QUALIFYING ORGANIZATIONS.—The Admin20 istrator of the United States Agency for Inter21 national Development may make grants to non22 governmental organizations that—

23 (A) provide assistance to North Korean or24 phans in any country; and 

25 (B) can demonstrate—
33

•HR 3573 IH 

1 (i) a successful record of providing as2 sistance to North Korean orphans; or 

3 (ii) the intent and capacity to provide 

4 such assistance. 

5 (2) TIME OF GRANTS.—The grants provided 

6 under this subsection may not exceed 3 years in du7 ration. 

8 (3) REPORTING REQUIREMENTS.—Each non9 governmental organization awarded a grant pursu10 ant to this subsection shall submit an annual report 

11 to the Director not later than March 1 of each year 

12 regarding the activities of, and use of funds awarded 

13 through such grant by, such organization during the 

14 previous year. 

15 (c) GRANTS TO ORGANIZATIONS FOR RESETTLE16 MENT AND ADMISSIONS FOR NORTH KOREAN REFU17 GEES.—

18 (1) IN GENERAL.—The Secretary of State may 

19 make grants to nongovernmental, nonprofit organi20 zations or persons that—

21 (A) provide legal assistance to natives or 

22 citizens of North Korea who are applying for 

23 refugee status, parole, visas, or other means of 

24 admission to the United States; or 

25 (B) can demonstrate—
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•HR 3573 IH 

1 (i) a successful record of providing 

2 similar assistance to other persons in the 

3 past; or 

4 (ii) the intent and capacity to provide 

5 such assistance. 

6 (2) REPORTING REQUIREMENT.—Each non7 governmental organization awarded a grant pursu8 ant to this subsection shall, not later than 1 year 

9 after the date the grant is awarded, and annually 

10 thereafter, submit a report to the Secretary of State 

11 regarding the activities of, and the use of funds 

12 awarded through such grants by, such organization 

13 during the previous year. 

14 (d) GRANTS FOR HUMAN RIGHTS DIALOGUE.—The 

15 Secretary of State may make grants to nongovernmental 

16 organizations from the United States, South Korea, and 

17 Japan to promote dialogue regarding human rights in 

18 North Korea. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated—

21 (1) to the Administrator of the United States 

22 Agency for International Development, $20,000,000 

23 for each of the fiscal years 2003 through 2006 to 

24 carry out subsection (a);
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•HR 3573 IH 

1 (2) to the Administrator of the United States 

2 Agency for International Development, $500,000 for 

3 each of the fiscal years 2003 through 2006 to carry 

4 out subsection (b); 

5 (3) to the Secretary of State, $5,000,000 for 

6 each of the fiscal years 2003 through 2006 to carry 

7 out subsection (c); and 

8 (4) to the Secretary of State, $2,000,000 for 

9 each of the fiscal years 2003 through 2006 to carry 

10 out subsection (d). 

11 SEC. 212. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSID12 ERATION. 

13 (a) PURPOSE.—The purpose of this section is to en14 sure that North Koreans are not barred from eligibility 

15 for refugee status or asylum in the United States on ac16 count of any legal right to citizenship they may enjoy 

17 under the Constitution of the Republic of Korea. This Act 

18 is not intended in any way to prejudice whatever rights 

19 to citizenship North Koreans may enjoy under the Con20 stitution of the Republic of Korea. 

21 (b) TREATMENT OF NATIONALS OF NORTH

22 KOREA.—For purposes of eligibility for refugee status 

23 under section 207 of the Immigration and Nationality Act 

24 (8 U.S.C. 1157), or for asylum under section 208 of such 

25 Act (8 U.S.C. 1158), a national of the Democratic Peo-
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•HR 3573 IH 

1 ple’s Republic of Korea shall not be considered a national 

2 of the Republic of Korea. 

3 TITLE III—ACTIONS TO PRO4 MOTE NORTH KOREAN DE5 MOCRACY 

6 SEC. 301. BROADCASTING INTO NORTH KOREA. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that the United States should facilitate the 

9 unhindered dissemination of information in North Korea 

10 by increasing its support for radio broadcasting to North 

11 Korea, and that the Broadcasting Board of Governors 

12 should increase broadcasts to North Korea from current 

13 levels, with an eventual goal of providing 24-hour-per-day 

14 broadcasting to North Korea, including broadcasts by 

15 Radio Free Asia and Voice of America. 

16 (b) REPORT ON RADIO BROADCASTING IN NORTH

17 KOREA.—Not later than 120 days after the date of the 

18 enactment of this Act, the Broadcasting Board of Gov19 ernors shall submit to the appropriate congressional com20 mittees a report that, in addition to describing current 

21 United States broadcasting to North Korea, outlines a 

22 plan for increasing such broadcasts to 24 hours per day, 

23 and details the technical and fiscal requirements that 

24 would be necessary to render that plan feasible. 
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•HR 3573 IH 

1 SEC. 302. PROVISION OF RADIOS TO NORTH KOREANS. 

2 (a) PURPOSE.—It is the purpose of this section to 

3 increase the availability of information inside North Korea 

4 by making available to North Koreans radios capable of 

5 receiving outside broadcasts. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the President 

8 $1,000,000 in each of the fiscal years 2004 through 2008 

9 to carry out this section. 

10 (c) REPORT TO CONGRESS.—Not later than 1 year 

11 after the date of the enactment of this Act, and in each 

12 of the three years thereafter, the Secretary of State, after 

13 consulting with other agencies of the United States Gov14 ernment, shall submit to the appropriate congressional 

15 committees a report, in classified form, on measures being 

16 undertaken pursuant to this section, including the number 

17 of radios that have been provided to date. 

18 SEC. 303. SENSE OF CONGRESS REGARDING UNITED 

19 STATES FINANCIAL ASSISTANCE DESIGNED 

20 TO ADDRESS CONDITIONS CREATED BY THE 

21 ECONOMIC AND POLITICAL SYSTEM OF 

22 NORTH KOREA. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that, as a precondition to receiving bilateral United 

25 States assistance meant to defray the direct costs to their 

26 respective governments of any future, large-scale humani-
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•HR 3573 IH 

1 tarian contingency resulting from the collapse of the eco2 nomic and political system of North Korea, each of the 

3 nations of Northeast Asia should have, in the six months 

4 prior to the provision of such assistance—

5 (1) been an active participant in the Prolifera6 tion Security Initiative and the Illicit Activities Ini7 tiative; 

8 (2) taken significant and public actions to pro9 mote human rights in North Korea for the purpose 

10 of assisting the people of North Korea; 

11 (3) taken significant actions, including criminal 

12 prosecutions, to deny the North Korean Govern13 ment, its officials, and affiliated entities (including 

14 Division 39) benefits resulting from illegal activities; 

15 and 

16 (4) observed controls sufficient to ensure that 

17 any financial benefit it provided to the North Ko18 rean Government, its officials, or affiliated entities 

19 had a legitimate commercial or humanitarian aid 

20 purpose, and was used for that purpose rather than 

21 as a direct subsidy of the North Korean Govern22 ment, its officials, or affiliated entities. 
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•HR 3573 IH 

1 SEC. 304. FUNDING FOR ENTITIES THAT PROMOTE DEMOC2 RACY, GOOD GOVERNANCE, AND THE RULE 

3 OF LAW. 

4 (a) GRANTS AUTHORIZED.—The Director of the 

5 United States Agency for International Development may 

6 make grants to nongovernmental, non-profit human rights 

7 organizations or persons, or foreign governmental organi8 zations for the purpose of promoting and supporting pro9 grams for democracy, good governance, and the rule of 

10 law in North Korea. 

11 (b) TIME OF GRANTS.—A grant provided under this 

12 subsection may not exceed 2 years in duration. 

13 (c) REPORTING REQUIREMENTS.—Each entity or 

14 person awarded a grant pursuant to this subsection shall 

15 submit a report to the Director not later than March 1 

16 of each year regarding the activities of, and use of funds 

17 awarded through such grant by, such person or entity dur18 ing the previous year. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Director of the 

21 United States Agency for International Development 

22 $500,000 for each of the fiscal years 2003 through 2006 

23 to carry out this section.
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•HR 3573 IH 

1 SEC. 305. FUNDING FOR ENTITIES THAT PROMOTE MARKET 

2 ECONOMIES. 

3 (a) GRANTS AUTHORIZED.—The Director of the 

4 United States Agency for International Development may 

5 make grants to nongovernmental, non-profit human rights 

6 organizations or persons, or foreign governmental organi7 zations that promote market economies modeled after pro8 grams in Vietnam. 

9 (b) TIME OF GRANTS.—The grants provided under 

10 this subsection may not exceed 2 years in duration. 

11 (c) REPORTING REQUIREMENTS.—Each nongovern12 mental organization awarded a grant pursuant to this sub13 section shall submit an annual report to the Director not 

14 later than March 1 of each year regarding the activities 

15 of, and use of funds awarded through such grant by, such 

16 organization during the previous year. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to the Director of the 

19 United States Agency for International Development 

20 $500,000 for each of the fiscal years 2003 through 2006 

21 to carry out this section. 

22 TITLE IV—NEGOTIATIONS WITH 

23 NORTH KOREA 

24 SEC. 401. SENSE OF CONGRESS REGARDING NEGOTIATIONS 

25 WITH NORTH KOREA. 

26 It is the sense of Congress that—
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•HR 3573 IH 

1 (1) it is necessary and proper for the United 

2 States to engage in negotiations with the Govern3 ment of North Korea and other concerned parties in 

4 Northeast Asia to address issues of common concern 

5 both regionally and to the broader world community; 

6 (2) every government in Northeast Asia, includ7 ing China and Russia, should support the principle 

8 of peaceful reunification on the Korean peninsula; 

9 (3) as close allies with shared democratic val10 ues, the political leadership in South Korea and the 

11 United States should work together to develop a 

12 strategy for increasing public awareness in both 

13 countries that our common goal is to achieve a 

14 peaceful reunification of the Korean peninsula based 

15 on democratic principles; 

16 (4) any negotiations between the United States, 

17 North Korea, and other concerned parties in North18 east Asia should include discussions directed toward 

19 ensuring the complete, verifiable, and irreversible 

20 dismantlement of the North Korean nuclear arms 

21 program, the elimination of Pyongyang’s other ille22 gal weapons of mass destruction programs, ending 

23 its proliferation of missiles and missile-related tech24 nologies, the adoption by North Korea of a less pro25 vocative conventional force posture, addressing the 
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•HR 3573 IH 

1 issues underlying its appearance on the State De2 partment list of states sponsoring terrorism, and the 

3 establishment of a lasting peace on the Korean pe4 ninsula; 

5 (5) any diplomatic solution to the problems 

6 posed by the development of weapons of mass de7 struction, the proliferation of ballistic missiles, and 

8 the potential destabilization of Northeast Asia by 

9 North Korea should be comprehensive and also seek 

10 to change North Korea’s horrendous behavior on 

11 human rights; and 

12 (6) any negotiations between the United States, 

13 North Korea, and other concerned parties in North14 east Asia should include the human rights of North 

15 Korean citizens, including dialogue on religious and 

16 political freedoms and the North Korean prison sys17 tem, as a key concern. 

18 SEC. 402. SENSE OF CONGRESS REGARDING TRADE SANC19 TIONS AND ECONOMIC ASSISTANCE. 

20 It is the sense of Congress that—

21 (1) in the context of North Korean steps to re22 spond affirmatively and take appropriate action to 

23 address the concerns of the United States, other 

24 parties in Northeast Asia, and the world community, 

25 the United States and North Korea should engage 
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•HR 3573 IH 

1 in trade that will mutually benefit the people of both 

2 nations; 

3 (2) the mere lifting of United States sanctions 

4 against North Korea, without fundamental changes 

5 in the North Korean economy, will not lead to mutu6 ally beneficial economic relationships between the 

7 United States and North Korea; 

8 (3) the United States should provide economic 

9 assistance to North Korea that will benefit the peo10 ple of North Korea, and should avoid merely estab11 lishing North Korea as a permanent recipient of for12 eign assistance; 

13 (4) the Government of North Korea should rec14 ognize that the path to economic renewal and 

15 growth lies in international markets in goods, serv16 ices, and capital, which offer opportunities for reduc17 ing costs, improving productivity, and promoting dy18 namism; 

19 (5) the participation in the North Korean econ20 omy of small- and medium-sized businesses from 

21 South Korea represents an opportunity for North 

22 Korea to integrate its economy with the world mar23 ket, expand trade, and attract foreign investment 

24 and other economic benefits; and 
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•HR 3573 IH 

1 (6) trade sanctions related to North Korea 

2 should not be lifted, and economic assistance should 

3 not be provided to North Korea, unless such lifting 

4 of sanctions or provision of economic assistance is 

5 also accompanied by significant and transparent 

6 market oriented economic reforms in that country, 

7 including the aggressive prosecution of any North 

8 Koreans engaged in international criminal activities 

9 such as drug trafficking and counterfeiting. 

10 SEC. 403. CONDITIONS ON DIRECT UNITED STATES AID AND 

11 OTHER ASSISTANCE TO THE GOVERNMENT 

12 OF NORTH KOREA. 

13 (a) HUMANITARIAN AID.—No department, agency, or 

14 entity of the United States Government may provide hu15 manitarian aid to any department, agency, or entity of the 

16 Government of North Korea unless such United States 

17 Government department, agency, or entity can dem18 onstrate that the Government of North Korea has taken 

19 steps to ensure that—

20 (1) such aid is delivered, distributed, and mon21 itored according to internationally recognized hu22 manitarian standards; 

23 (2) such aid is provided on a needs basis, and 

24 is not used as a political reward or tool of coercion;
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•HR 3573 IH 

1 (3) such aid reaches the intended beneficiaries, 

2 who are informed of the source of the aid; and 

3 (4) humanitarian access to all vulnerable 

4 groups in North Korea is allowed, no matter where 

5 in the country they may be located. 

6 (b) NONHUMANITARIAN AID.—No department, agen7 cy, or entity of the United States Government may provide 

8 nonhumanitarian aid to any department, agency, or entity 

9 of the Government of North Korea unless such United 

10 States Government department, agency, or entity can 

11 demonstrate that the Government of North Korea has 

12 made substantial progress toward—

13 (1) respecting and protecting basic human 

14 rights, including freedom of religion, of the people of 

15 North Korea; 

16 (2) providing for significant family reunification 

17 between North Koreans and their descendants and 

18 relatives in the United States; 

19 (3) fully disclosing all information regarding 

20 citizens of Japan and the Republic of Korea kid21 napped by the Government of North Korea; 

22 (4) allowing such abductees, along with their 

23 families, complete and genuine freedom to leave 

24 North Korea and return to the abductees original 

25 home countries; 
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•HR 3573 IH 

1 (5) significantly reforming its prison and labor 

2 camp system, and subjecting such reforms to inde3 pendent international monitoring; and 

4 (6) decriminalizing political expression and ac5 tivity. 

6 (c) OTHER ASSISTANCE.—It is the sense of Congress 

7 that significant North Korean progress on the areas of 

8 concern described in subsections (a) and (b) may, in the 

9 context of more comprehensive negotiations, serve as a 

10 basis for the United States to—

11 (1) support the opening of an embassy in 

12 Pyongyang, North Korea; and 

13 (2) support the membership of North Korea in 

14 multilateral development institutions. 

15 TITLE V—MISCELLANEOUS 

16 PROVISIONS 

17 SEC. 501. ANNUAL REPORT. 

18 (a) ANNUAL REPORT.—Not later than 1 year after 

19 the date of the enactment of this Act, and annually there20 after, the Secretary of State and the Secretary of Home21 land Security shall submit a joint report to the appropriate 

22 congressional committees on the operation of this Act dur23 ing the previous year. 

24 (b) CONTENTS.—The report submitted in accordance 

25 with subsection (a) shall include—
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•HR 3573 IH 

1 (1) the number of aliens who are natives or citi2 zens of North Korea and have been granted humani3 tarian parole under section 203, and the immigra4 tion status of such aliens before being granted hu5 manitarian parole; 

6 (2) the number of aliens who are natives or citi7 zens of North Korea and have been granted an ad8 justment of status under section 204, and the immi9 gration status of such aliens before being granted 

10 adjustment of status; 

11 (3) the number of aliens who are natives or citi12 zens of North Korea who were granted political asy13 lum; 

14 (4) the number of aliens who are natives or citi15 zens of North Korea who were granted temporary 

16 protected status under section 205; 

17 (5) the number of aliens who are natives or citi18 zens of North Korea who applied for refugee status 

19 and the number who were granted refugee status; 

20 (6) the number of orphans who are natives or 

21 citizens of North Korea who have been identified for 

22 adoption by, or are in the process of being adopted 

23 by, United States citizens; 
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•HR 3573 IH 

1 (7) a description of the activities of the Weap2 ons of Mass Destruction Informant Center estab3 lished under section 207 of this Act; and 

4 (8) the activities of the United Nations High 

5 Commission for Refugees with respect to section 

6 210. 

7 SEC. 502. TASK FORCE ON NORTH KOREAN CRIMINAL 

8 ACTIVITIES. 

9 (a) ESTABLISHMENT.—The President should estab10 lish an Interagency Task Force to Monitor and Combat 

11 North Korean Criminal Activities (referred to in this sec12 tion as the ‘‘Task Force’’). 

13 (b) MEMBERSHIP.—The Task Force shall be com14 posed of—

15 (1) 2 senior staff members of the Department 

16 of Homeland Security appointed by the Secretary; 

17 (2) 2 senior staff members of the Department 

18 of State appointed by the Secretary of State; 

19 (3) 2 senior staff members of the Department 

20 of Justice appointed by the Attorney General; 

21 (4) 2 senior staff members of the Department 

22 of Defense appointed by the Secretary of Defense; 

23 (5) 2 senior staff members of the Department 

24 of Treasury appointed by the Secretary of the Treas25 ury; and 
49

•HR 3573 IH 

1 (6) 2 senior staff members of the Central Intel2 ligence Agency appointed by the Director of Central 

3 Intelligence. 

4 (c) DUTIES.—The Task Force shall coordinate the 

5 monitoring and prosecution of criminal activities in North 

6 Korea, including trafficking in narcotics, weapons, and 

7 persons. The Task Force shall—

8 (1) not later than 180 days after the date of 

9 the enactment of this Act, deliver to the appropriate 

10 congressional committees a plan for denying to the 

11 North Korean regime and North Korean Govern12 ment officials financial benefits from the activities of 

13 Division 39 and any similar or successor entities; 

14 (2) coordinate United States agency activities 

15 regarding crimes committed by North Koreans, in16 cluding by officials and entities of the Government 

17 of North Korea; and 

18 (3) coordinate United States agency cooperation 

19 with law enforcement, intelligence, and military serv20 ices of foreign countries with respect to crimes com21 mitted by North Koreans. 

22 (d) REPORT.—The Task Force shall issue an annual 

23 report to the appropriate congressional committees de24 scribing criminal activities conducted by North Koreans 
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•HR 3573 IH 

1 in the previous year and the response by United States 

2 Government agencies.

Æ