II 

108TH CONGRESS 

1ST SESSION S. 1903

To promote human rights, democracy, and development in North Korea, 

to promote overall security on the Korean Peninsula and establish a 

more peaceful world environment, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2003

Mr. BROWNBACK (for himself and Mr. BAYH) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL

To promote human rights, democracy, and development in 

North Korea, to promote overall security on the Korean 

Peninsula and establish a more peaceful world environment, and for other purposes.

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’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 
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Sec. 4. Purposes. 

Sec. 5. Definitions. 

TITLE I—PROTECTING THE HUMAN RIGHTS OF NORTH KOREANS 

Sec. 101. Reports. 

Sec. 102. Reports by the United Nations. 

Sec. 103. Sense of Congress regarding religious persecution in North Korea. 

Sec. 104. Humanitarian and food assistance to North Koreans. 

TITLE II—ACTIONS TO PROTECT NORTH KOREAN REFUGEES 

Sec. 201. Pursuit of first asylum policy. 

Sec. 202. Adoption of North Korean children by Americans. 

Sec. 203. Humanitarian parole. 

Sec. 204. North Korean status adjustment. 

Sec. 205. Temporary protected status. 

Sec. 206. S visa. 

Sec. 207. Weapons of Mass Destruction Informant Center. 

Sec. 208. Right to accept employment. 

Sec. 209. Funding for the United Nations High Commissioner for Refugees. 

Sec. 210. Funding for human rights organizations. 

TITLE III—ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY 

Sec. 301. Radio broadcasting into North Korea. 

Sec. 302. Distribution of radios to North Koreans. 

Sec. 303. Sense of Congress regarding United States financial assistance designed to address conditions created by the economic and political system of North Korea. 

Sec. 304. Funding for entities that promote programs for democracy, good governance, and the rule of law. 

Sec. 305. Funding for entities that promote market economies. 

TITLE IV—NEGOTIATIONS WITH NORTH KOREA 

Sec. 401. Sense of Congress regarding negotiations with North Korea. 

Sec. 402. Sense of Congress regarding trade sanctions and economic assistance. 

Sec. 403. Conditions for United States aid and other assistance. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 501. Annual report. 

Sec. 502. Task force on North Korean criminal activities.

1 SEC. 3. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The economies of North Korea and South 

4 Korea are dramatically different. The 2002 per cap5 ita gross domestic product of North Korea is esti6 mated at $1,000; in South Korea it is estimated at 
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1 $19,400. North Korea’s 2002 gross domestic prod2 uct real growth rate is estimated at 1 percent, while 

3 South Korea’s is estimated at 5.8 percent. North 

4 Korea’s 2002 exports are estimated at 

5 $915,000,000, while South Korea’s are estimated at 

6 $162,000,000,000. 

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

8 a whole is significantly worse than the health of the 

9 people of South Korea. The estimated infant mor10 tality rate in 2002 in North Korea is 22.8 deaths 

11 per 1,000 live births, while in South Korea it is 7.6 

12 deaths per 1,000 live births. The estimated life ex13 pectancy for babies born in 2002 is 3.5 years longer 

14 in South Korea than it is in North Korea. 

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

16 from acute malnutrition, and 4 out of every 10 chil17 dren are chronically malnourished, according to a 

18 United Nations-European Union survey in 2002. 

19 (4) The differences in the economic perform20 ance of North Korea and South Korea and the 

21 health of the people living in those countries cannot 

22 be accounted for by differences in land area or nat23 ural resources. 

24 (5) The people of the Korean peninsula are un25 justly divided into 2 different countries, one of which 
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1 offers its citizens freedom, prosperity, and hope for 

2 the future, and one of which oppresses its people 

3 and threatens them with imprisonment, starvation, 

4 and death. 

5 (6) The people of South Korea are able to exer6 cise their basic rights, and in doing so have impres7 sively created and sustained a peaceful, just, and 

8 prosperous society since the end of the Korean con9 flict in 1953. The people of South Korea have main10 tained and are continually improving upon this suc11 cess. 

12 (7) The people of North Korea deserve the 

13 same rights, freedom, and prosperity enjoyed by 

14 their relatives in South Korea, but the current Gov15 ernment of North Korea has denied them those 

16 rights by—

17 (A) forbidding the exercise of free speech 

18 and religion; 

19 (B) imprisoning citizens and their families 

20 in a system of prison and labor camps for exer21 cising basic rights; 

22 (C) mismanaging the economy and food 

23 production, with the result that millions of peo24 ple are threatened with starvation; 
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1 (D) dismantling the national food system, 

2 with the result that the customary rules and ar3 rangements by which people exchange labor for 

4 food are no longer in operation; and 

5 (E) forbidding nearly all contact with the 

6 outside world. 

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

8 cannot do so because of the threat of arrest, impris9 onment, and execution in North Korea and the 

10 threat of repatriation to North Korea if they are dis11 covered in another country. 

12 (9) North Koreans, including agents of the 

13 North Korean Government, have engaged in various 

14 criminal activities, including international trafficking 

15 in narcotics, arms, and persons. 

16 (10) The North Korean Government has op17 pressed its people by imprisoning, executing, or 

18 starving people for such crimes as ‘‘ideological diver19 gence,’’ ‘‘opposing socialism,’’ and other 

20 ‘‘counterrevolutionary crimes.’’ An estimated 

21 200,000 people are imprisoned in North Korea for 

22 political reasons. 

23 (11) The North Korean people are denied their 

24 right to self-determination by the dictatorship of 

25 Kim Jong Il.
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1 (12) Estimates of the number of North Korean 

2 refugees living in China range from 100,000 to 

3 300,000 people. 

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

5 have died from hunger or famine-related disease 

6 since 1994. 

7 (14) South Korea accepted fewer than 3,000 

8 North Korean refugees for resettlement in South 

9 Korea between 1953 and 2002. 

10 (15) Fewer than 100 North Koreans were 

11 granted public interest parole into the United States 

12 in each of 1998 and 1999. 

13 (16) Korean unification under a peaceful, politi14 cally free, market-oriented system could contribute 

15 to political stability and economic prosperity in 

16 northeast Asia and beyond. 

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

18 threatened by the production and export of weapons 

19 of mass destruction and related delivery systems, 

20 materials, and technologies by North Korea, will 

21 best be advanced by the establishment of freedom, 

22 democracy, and rights for the North Korean people. 

23 SEC. 4. PURPOSES. 

24 The purposes of this Act are—
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1 (1) to declare that it is the policy of the United 

2 States—

3 (A) to end the development, sale, and 

4 transfer of weapons of mass destruction and re5 lated delivery systems, materials, and tech6 nologies in and from the Korean peninsula; 

7 (B) to assist in the reunification of the Ko8 rean peninsula under a democratic system of 

9 government; and 

10 (C) to achieve respect for and protection of 

11 human rights in North Korea in accordance 

12 with United Nations conventions; and 

13 (2) to take and encourage steps to implement 

14 this policy. 

15 SEC. 5. DEFINITIONS. 

16 In this Act: 

17 (1) The term ‘‘Appropriate congressional com18 mittees’’ means the Committee on Foreign Relations 

19 and the Select Committee on Intelligence of the Sen20 ate and the Committee on International Relations 

21 and the Permanent Select Committee on Intelligence 

22 of the House of Representatives. 

23 (2) The term ‘‘China’’ means the People’s Re24 public of China. 
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1 (3) The term ‘‘North Korea’’ means the Demo2 cratic People’s Republic of Korea. 

3 (4) The term ‘‘North Koreans’’ means persons 

4 who are natives or citizens of North Korea. 

5 (5) The term ‘‘political offenses’’ means crimes 

6 that are designed to prevent free speech, free exer7 cise of religion, opposition to the government, free 

8 travel and movement, or other similar offenses. 

9 (6) The term ‘‘Secretary’’ means the Secretary 

10 of Homeland Security. 

11 TITLE I—PROTECTING THE 

12 HUMAN RIGHTS OF NORTH 

13 KOREANS 

14 SEC. 101. REPORTS. 

15 (a) PRISON AND LABOR CAMPS.—

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 report in classified form on 

22 the North Korean prison and labor camp system. 

23 The report shall particularly focus on any prisons or 

24 labor camps that are used to house persons for polit-
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1 ical offenses. The report shall include information 

2 on—

3 (A) offenses for which prisoners are sent to 

4 prison; 

5 (B) torture; 

6 (C) forced labor; 

7 (D) medical experimentation; 

8 (E) indoctrination and reeducation; 

9 (F) executions; and 

10 (G) the adequacy or inadequacy of food, 

11 water, and sanitation. 

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

13 days after the date on which the report is submitted 

14 pursuant to paragraph (1), the President, in con15 sultation with the appropriate congressional commit16 tees, shall submit to Congress an unclassified 

17 version of the report. The report shall include un18 classified satellite photography of any prisons and 

19 labor camps described in the report. 

20 (b) DEFECTORS.—

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

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

23 Secretary of State, in cooperation with the Central 

24 Intelligence Agency and other United States intel25 ligence agencies, shall submit to the appropriate con-
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1 gressional committees a classified report describing 

2 all United States Government policies toward North 

3 Korean defectors and explaining the reasons for 

4 those policies. 

5 (2) UNCLASSIFIED REPORT.—Not later than 30 

6 days after the date on which the report is submitted 

7 pursuant to paragraph (1), the President, in con8 sultation with the appropriate congressional commit9 tees, shall submit to Congress an unclassified 

10 version of the report. The report shall include infor11 mation on—

12 (A) the number of North Korean defectors 

13 who have been identified; 

14 (B) the countries or regions to which these 

15 defectors have fled; 

16 (C) the estimated total number of North 

17 Korean defectors; and 

18 (D) the reasons why the Department of 

19 State has never identified North Koreans, par20 ticularly high level defectors, as a Priority 2 

21 group of special concern, as defined by the Sec22 retary of State, for expedited consideration in 

23 the United States refugee program.
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1 SEC. 102. THE UNITED NATIONS. 

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

3 the people of the United States believe that the United 

4 Nations has a significant role to play in promoting and 

5 improving human rights in North Korea, and United 

6 States confidence in the United Nations will be enhanced 

7 if the United Nations deals aggressively with the issue of 

8 human rights in North Korea. 

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

10 sense of Congress that the United Nations should begin 

11 preparation of complete reports on—

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

13 Korea, particularly those prisons and labor camps 

14 that are used to house persons for political offenses, 

15 including camps reportedly for children under the 

16 age of 17; and 

17 (2) the North Korean refugee situation in 

18 China. 

19 SEC. 103. RELIGIOUS PERSECUTION IN NORTH KOREA. 

20 (a) COMMISSION ON INTERNATIONAL RELIGIOUS

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

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

23 the United States Commission on International Religious 

24 Freedom should hold extended informational hearings in 

25 the United States on the status of religious persecution 

26 in North Korea. 
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1 (b) COUNTRIES OF PARTICULAR CONCERN.—

2 (1) ANNUAL REPORT.—The President shall in3 clude in each annual report on proposed refugee ad4 mission pursuant to section 207(d) of the Immigra5 tion and Nationality Act (8 U.S.C. 1157(d)), infor6 mation about specific measures taken to facilitate 

7 access to the United States refugee program for in8 dividuals who have fled countries of particular con9 cern, as defined by the Secretary of Homeland Secu10 rity, for violations of religious freedom pursuant to 

11 section 402(b) of the International Religious Free12 dom Act of 1998 (22 U.S.C. 6442(b)). 

13 (2) INFORMATION.—The information included 

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

15 include, for each country of particular concern, a de16 scription of access of the nationals or former habit17 ual residents of that country to a refugee determina18 tion on the basis of—

19 (A) referrals by external agencies to a ref20 ugee adjudication; 

21 (B) groups deemed to be of special human22 itarian concern to the United States for pur23 poses of refugee resettlement; and 

24 (C) family links to the United States. 
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1 SEC. 104. HUMANITARIAN AND FOOD ASSISTANCE TO 

2 NORTH KOREANS. 

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

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

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

6 International Development shall submit to the appropriate 

7 congressional committees a report setting forth the fund8 ing for, and use of Federal resources by, entities that are 

9 providing humanitarian or food aid to North Korea. 

10 (b) FUNDING TO NONGOVERNMENTAL ORGANIZA11 TIONS.—The Director of the United States Agency for 

12 International Development may provide financial assist13 ance, including grants, to the World Food Program and 

14 any United States nongovernmental organizations that are 

15 able to— 

16 (1) provide food aid and other humanitarian as17 sistance to North Koreans; and 

18 (2) demonstrate—

19 (A) a successful record of providing food 

20 aid to North Koreans; or 

21 (B) the intent and capacity to provide such 

22 aid. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated $100,000,000 for each 

25 of the fiscal years 2003, 2004, 2005, and 2006 for the 

26 purpose of carrying out this section. 
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1 TITLE II—ACTIONS TO PROTECT 

2 NORTH KOREAN REFUGEES 

3 SEC. 201. PURSUIT OF FIRST ASYLUM POLICY. 

4 It is the sense of Congress that—

5 (1) the United States guarantee safe haven and 

6 assistance to North Koreans who arrive in, or seek 

7 to arrive in, the United States; and 

8 (2) because of such guarantee of safe haven 

9 and assistance, the United States encourage coun10 tries that neighbor North Korea, including China, 

11 Japan, Russia, and South Korea to institute meas12 ures similar to humanitarian parole, a form of tem13 porary protected status, or refugee status consistent 

14 with the United Nations Convention Relating to the 

15 Status of Refugees of 1951 and the Protocol Relat16 ing to the Status of Refugees of 1967 to guarantee 

17 safe haven and assistance to displaced North Kore18 ans. 

19 SEC. 202. ADOPTION OF NORTH KOREAN CHILDREN BY 

20 AMERICANS. 

21 It is the sense of Congress that—

22 (1) thousands of North Korean children do not 

23 have parents and are threatened with starvation and 

24 disease if they remain in North Korea; 
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1 (2) thousands of United States citizens would 

2 welcome the opportunity to adopt North Korean or3 phans; and 

4 (3) the Secretary of Homeland Security should 

5 make every effort to facilitate the adoption of any 

6 North Korean children who are granted humani7 tarian parole under section 203. 

8 SEC. 203. HUMANITARIAN PAROLE. 

9 (a) CASE-BY-CASE REQUIREMENT NOT APPLICA10 BLE.—

11 (1) IN GENERAL.—The case-by-case basis and 

12 alien specific requirements of section 212(d)(5)(A) 

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

14 1182(d)(5)(A)) shall not be applicable to the parole 

15 of any alien who is a native or citizen of North 

16 Korea seeking entry to the United States. 

17 (2) DISCRETION.—Nothing in this subsection 

18 shall be construed to prohibit the Secretary of 

19 Homeland Security from establishing conditions for 

20 parole under section 212(d)(5) of the Immigration 

21 and Nationality Act (8 U.S.C. 1182 (d)(5)), or from 

22 denying parole to such aliens who are otherwise in23 eligible for parole. 

24 (b) COMPELLING REASONS IN THE PUBLIC INTER25 EST CONSIDERED TO EXIST.—For purposes of section
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1 212(d)(5)(B) of the Immigration and Nationality Act (8 

2 U.S.C. 1182(d)(5)(B)), the parole of any alien who is a 

3 native or citizen of North Korea and is seeking to enter 

4 the United States shall be considered to be, for compelling 

5 reasons, in the public interest. 

6 (c) LENGTH OF PAROLE.—

7 (1) IN GENERAL.—Notwithstanding section 

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

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

10 who is a native or citizen of North Korea, the parole 

11 shall be effective until the final resolution of any ap12 plication for adjustment of status made pursuant to 

13 section 204. 

14 (2) DENIAL OF ADJUSTMENT OF STATUS.—If 

15 an application for adjustment of status made pursu16 ant to section 204 is denied to an alien described in 

17 paragraph (1), the alien may seek relief under sec18 tion 207 or 208. 

19 (3) EXTENSION OF PAROLE PERIOD.—If no ap20 plication for adjustment of status is made pursuant 

21 to section 204 within 18 months after parole is 

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

23 Secretary of Homeland Security may, in the discre24 tion of the Secretary, extend the parole period tem-
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1 porarily under conditions that the Secretary of 

2 Homeland Security prescribes. 

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

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

5 alien may seek relief under section 207 or 208. 

6 (d) SUBSEQUENT REMOVAL PROCEEDINGS.—Noth7 ing in this section shall be construed to prohibit the Sec8 retary of Homeland Security from instituting removal pro9 ceedings against an alien paroled into the United States 

10 under this section for—

11 (1) conduct committed after the parole of the 

12 alien into the United States; or 

13 (2) conduct or conditions that were not dis14 closed to the Secretary of Homeland Security prior 

15 to the parole of the alien into the United States. 

16 (e) NOTIFICATION TO WMDIC.—The Secretary of 

17 Homeland Security shall notify the Weapons of Mass De18 struction Informant Center, described in section 207, of 

19 any alien receiving parole under this section who would 

20 otherwise qualify for the visa described in section 

21 101(a)(15)(S)(iii) of the Immigration and Nationality Act 

22 (8 U.S.C. 1101(a)(15)(S)(iii)). 

23 SEC. 204. NORTH KOREAN STATUS ADJUSTMENT. 

24 (a) STATUS ADJUSTMENT.—Notwithstanding section 

25 245(c) of the Immigration and Nationality Act (8 U.S.C. 
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1 1255(c)), the status of any alien who is a native or citizen 

2 of North Korea and has been inspected and admitted or 

3 paroled into the United States may be adjusted by the 

4 Secretary of Homeland Security, in the discretion of the 

5 Secretary and under such regulations as the Secretary 

6 may prescribe, to that of an alien lawfully admitted for 

7 permanent residence under the conditions set forth in sub8 sections (b) and (c). 

9 (b) NORTH KOREANS WITH KNOWLEDGE OF NORTH

10 KOREA’S WEAPONS OF MASS DESTRUCTION PRO11 GRAMS.—The status of any alien who is referred to the 

12 Weapons of Mass Destruction Informant Center in accord13 ance with section 203(e), shall be immediately adjusted 

14 to that of lawful permanent resident. 

15 (c) NORTH KOREANS WITHOUT KNOWLEDGE OF

16 NORTH KOREA’S WEAPONS OF MASS DESTRUCTION PRO17 GRAMS.—Except for those aliens described in subsection 

18 (b), adjustment of status may occur only if the Secretary 

19 of Homeland Security determines that the alien—

20 (1) did not enter the United States in a then21 current capacity as an agent, representative, or offi22 cial of the Government of North Korea, or for any 

23 purpose contrary to the purposes of this Act or for 

24 any unlawful purpose; 
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1 (2) is not, since entering the United States or 

2 at the time during which the application for adjust3 ment of status is filed or in process, an agent, rep4 resentative, or official of the Government of North 

5 Korea, or during such period acting for any purpose 

6 contrary to the purposes of this Act or for any un7 lawful purpose; 

8 (3) in the judgment of the Secretary of Home9 land Security, is not likely to become an agent, rep10 resentative, or official of the Government of North 

11 Korea, or act for any purpose contrary to the pur12 poses of this Act or for any unlawful purpose; and 

13 (4) has been physically present in the United 

14 States for at least 1 year. 

15 (d) ADDITIONAL RELIEF.—Nothing in this section 

16 precludes an alien from seeking relief under section 208 

17 or 241(b)(3) of the Immigration and Nationality Act (8 

18 U.S.C. 1158 or 1231(b)(3)). 

19 (e) AFFECT ON NUMBER OF AUTHORIZED VISAS.—

20 The approval of an application for adjustment of status 

21 to that of lawful permanent resident under this section 

22 shall not result in a reduction in the number of visas au23 thorized by the Immigration and Nationality Act (8 

24 U.S.C. 1101 et seq.). 
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1 (f) APPLICABILITY OF THE IMMIGRATION AND NA2 TIONALITY ACT.—

3 (1) IN GENERAL.—Nothing in this section shall 

4 be construed to repeal or restrict the powers, duties, 

5 functions, or authority of the Secretary of Homeland 

6 Security in the administration and enforcement of 

7 the Immigration and Nationality Act (8 U.S.C. 1101 

8 et seq.) or any other Federal law relating to immi9 gration, nationality, or naturalization. 

10 (2) DEFINITIONS.—The definitions in sub11 sections (a) and (b) of section 101 of the Immigra12 tion and Nationality Act (8 U.S.C. 1101(a) and (b)) 

13 shall apply to this section. 

14 (3) SUBSEQUENT REMOVAL PROCEEDINGS.—

15 Nothing in this section shall be construed to prohibit 

16 the Secretary of Homeland Security from instituting 

17 removal proceedings against an alien whose status 

18 was adjusted under subsection (a) for—

19 (A) conduct committed after such adjust20 ment of status; or 

21 (B) conduct or conditions that were not 

22 disclosed to the Secretary of Homeland Security 

23 prior to such adjustment of status.
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1 SEC. 205. TEMPORARY PROTECTED STATUS. 

2 (a) EXTRAORDINARY AND TEMPORARY CONDITIONS

3 CONSIDERED TO EXIST.—

4 (1) IN GENERAL.—For purposes of section 

5 244(b)(1)(C) of the Immigration and Nationality 

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

7 temporary conditions shall be considered to exist in 

8 North Korea that prevent aliens who are natives or 

9 citizens of North Korea from returning to North 

10 Korea in safety. 

11 (2) TERMINATION OF PROTECTED STATUS.—

12 The extraordinary and temporary conditions referred 

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

14 the Secretary of Homeland Security determines 

15 that—

16 (A) the human rights and trafficking 

17 records of North Korea, according to the Coun18 try Report on Human Rights Practices issued 

19 by the United States Department of State, Bu20 reau of Democracy, Human Rights, and Labor, 

21 and the Country Report on Trafficking issued 

22 by the Trafficking in Persons Office of the De23 partment of State, are satisfactory; and 

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

25 nations designated as state sponsors of ter-
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1 rorism by the United States Department of 

2 State. 

3 SEC. 206. S VISA. 

4 (a) EXPANSION OF S VISA CLASSIFICATION.—Sec5 tion 101(a)(15)(S) of the Immigration and Nationality 

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

7 (1) in clause (i)—

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

9 place that term appears and inserting ‘‘Sec10 retary of Homeland Security’’; and 

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

12 (2) in clause (ii)—

13 (A) by striking ‘‘Attorney General’’ and in14 serting ‘‘Secretary of Homeland Security’’; and 

15 (B) by striking ‘‘1956,’’ and all that fol16 lows through ‘‘the alien;’’ and inserting the fol17 lowing: ‘‘1956; or 

18 ‘‘(iii) who the Secretary of Homeland Se19 curity determines—

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

21 information concerning the activities of 

22 governments or other organizations, or 

23 their agents, representatives, or officials, 

24 with respect to weapons of mass destruc25 tion, if such governments or organizations 
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1 are at risk of using or exporting such 

2 weapons; and 

3 ‘‘(II) is willing to supply or has sup4 plied, fully and in good faith, information 

5 described in subclause (I) to appropriate 

6 persons within the United States Govern7 ment; 

8 and, if the Secretary of Homeland Security considers 

9 it to be appropriate, the spouse, married and unmar10 ried sons and daughters, and parents of an alien de11 scribed in clause (i), (ii), or (iii) if accompanying, or 

12 following to join, the alien;’’. 

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

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

15 1184(k)(1)) is amended by striking ‘‘The number of 

16 aliens’’ and all that follows through the period and insert17 ing the following: ‘‘The number of aliens who may be pro18 vided a visa as nonimmigrants under section 

19 101(a)(15)(S) in any fiscal year may not exceed 3,500.’’. 

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

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

22 amended—

23 (1) by striking ‘‘Attorney General’’ each place 

24 that term appears and inserting ‘‘Secretary of 

25 Homeland Security’’; 
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1 (2) by redesignating paragraph (3) as para2 graph (4); 

3 (3) by inserting after paragraph (2) the fol4 lowing: 

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

6 Homeland Security—

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

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

9 information described in subclause (I) of that sec10 tion; and 

11 ‘‘(B) the provision of such information has sub12 stantially contributed to the purposes of the North 

13 Korean Freedom Act of 2003; 

14 the Secretary of Homeland Security may adjust the status 

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

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

17 such section) to that of an alien lawfully admitted for per18 manent residence.’’; and 

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

20 striking ‘‘Upon the approval of adjustment of status 

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

22 the approval of adjustment of status under para23 graph (1), (2), or (3),’’.
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1 SEC. 207. WEAPONS OF MASS DESTRUCTION INFORMANT 

2 CENTER. 

3 (a) ESTABLISHMENT.—There is established within 

4 the Department of Homeland Security a Weapons of Mass 

5 Destruction Informant Center. 

6 (b) RESPONSIBILITIES.—The Weapons of Mass De7 struction Informant Center established under subsection 

8 (a) shall—

9 (1) have the primary responsibility of receiving 

10 voluntary information about weapons of mass de11 struction and related delivery systems, materials, 

12 and technologies and the intent or actions of coun13 tries to export such items or knowledge to other 

14 countries or non-state actors; 

15 (2) ensure that informants—

16 (A) are given the highest consideration for 

17 visas described in section 101(a)(15)(S)(ii) of 

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

19 1101(a)(15)(S)(ii)); and 

20 (B) report all information related to the 

21 development or export of weapons of mass de22 struction to senior officials at the Department 

23 of Homeland Security, the Central Intelligence 

24 Agency, and other relevant components of the 

25 intelligence community and at the Federal Bu-
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1 reau of Investigations and other relevant com2 ponents of the law enforcement community; 

3 (3) educate consular officers regarding the visa 

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

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

6 1101(a)(15)(S)(iii)); 

7 (4) facilitate, receive, and evaluate visa requests 

8 for nonimmigrants described in such section 

9 101(a)(15)(S)(iii) in consultation with appropriate 

10 personnel both within and outside of the Department 

11 of Homeland Security; 

12 (5) in the event the Weapons of Mass Destruc13 tion Informant Center approves visa requests for 

14 nonimmigrants described in such section 

15 101(a)(15)(S)(iii), act in coordination with the Di16 rector of the Bureau of Citizenship and Immigration 

17 Services and other appropriate government agencies 

18 to facilitate the issuance of such visas, including ad19 ditional visas as are considered to be appropriate for 

20 the spouse, married or unmarried sons and daugh21 ters, and parents of the alien whose request was 

22 granted; 

23 (6) facilitate the cooperation of aliens who re24 ceive such visas with the United States Government 
27

•S 1903 IS 

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

2 goals of this Act; 

3 (7) ensure that aliens who receive such visas 

4 comply with the terms of the visa; and 

5 (8) ensure that such visas are not utilized as a 

6 method of gaining entry into the United States for 

7 any purpose other than those outlined in this Act. 

8 SEC. 208. RIGHT TO ACCEPT EMPLOYMENT. 

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

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

11 (1) by striking ‘‘Attorney General’’ and insert12 ing ‘‘Secretary of Homeland Security’’; and 

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

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

15 North Korea, the Secretary of Homeland Security 

16 shall issue regulations under which such applicant 

17 shall be entitled to employment authorization, and 

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

19 limitation described in the previous sentence.’’. 

20 SEC. 209. FUNDING FOR THE UNITED NATIONS HIGH COM21 MISSIONER FOR REFUGEES. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that—

24 (1) the United Nations High Commissioner for 

25 Refugees (UNHCR) should monitor the situation of 
28

•S 1903 IS 

1 North Korean refugees in China and provide assist2 ance to those refugees; 

3 (2) the Government of China should provide the 

4 UNHCR with access to any North Koreans inside 

5 its borders to enable the UNHCR to determine 

6 whether they are refugees and whether they require 

7 assistance, as required by Article III, paragraph 5 of 

8 the Agreement on the upgrading of the UNHCR 

9 Mission in the People’s Republic of China to 

10 UNHCR branch office in the People’s Republic of 

11 China signed at Geneva, December 1, 1995 (referred 

12 to in this section as the ‘‘UNHCR Mission Agree13 ment’’); 

14 (3) the Government of China should not pro15 hibit such access by unilaterally declaring North Ko16 reans inside of China to be ‘‘economic migrants’’; 

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

18 out its mandate to protect refugees, should liberally 

19 employ as professionals or experts on mission per20 sons with significant experience in humanitarian aid 

21 work among displaced North Koreans in China; and 

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

23 out its mandate to protect refugees, should liberally 

24 contract with appropriate nongovernmental organi-
29

•S 1903 IS 

1 zations that have a proven record of providing hu2 manitarian aid to displaced North Koreans in China. 

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

4 should the Government of China fail to provide the 

5 UNHCR full access to all North Koreans within its bor6 ders, the UNHCR should initiate arbitration proceedings 

7 pursuant to Article XVI of the UNHCR Mission Agree8 ment and appoint an arbitrator for the UNHCR. 

9 SEC. 210. FUNDING FOR HUMAN RIGHTS ORGANIZATIONS. 

10 (a) GRANTS TO ENTITIES THAT ASSIST NORTH KO11 REAN REFUGEES.—

12 (1) IN GENERAL.—The Director of the United 

13 States Agency for International Development may 

14 make grants to nongovernmental, non-profit human 

15 rights organizations or persons, or foreign govern16 mental organizations—

17 (A) that—

18 (i) provide assistance to natives or 

19 citizens of North Korea who are attempt20 ing to escape from North Korea or from 

21 agents of North Korea outside that coun22 try; or 

23 (ii) establish or operate camps or re24 settlement centers for North Korean refu25 gees; and
30

•S 1903 IS 

1 (B) that can demonstrate—

2 (i) a successful record of providing the 

3 type of assistance to be funded; or 

4 (ii) the intent and capacity to provide 

5 such assistance. 

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

7 this subsection may not exceed 3 years in duration. 

8 (3) REPORTING REQUIREMENTS.—Each entity 

9 or person awarded a grant pursuant to this sub10 section shall, not later than 1 year after the date the 

11 grant is awarded, submit a report to the Director re12 garding the activities of, and use of funds awarded 

13 through such grant by, such person or entity during 

14 the previous year. Notwithstanding any other provi15 sion of law, the contents of each such report shall 

16 not be revealed until 10 years after the date on 

17 which the report was submitted. 

18 (b) GRANTS TO ORGANIZATIONS THAT ASSIST

19 NORTH KOREAN ORPHANS.—

20 (1) QUALIFYING ORGANIZATIONS.—The Direc21 tor of the United States Agency for International 

22 Development may make grants to nongovernmental 

23 organizations that—

24 (A) provide assistance to North Korean or25 phans in any country; and 
31

•S 1903 IS 

1 (B) can demonstrate—

2 (i) a successful record of providing as3 sistance to North Korean orphans; or 

4 (ii) the intent and capacity to provide 

5 such assistance. 

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

7 under this subsection may not exceed 3 years in du8 ration. 

9 (3) REPORTING REQUIREMENTS.—Each non10 governmental organization awarded a grant pursu11 ant to this subsection shall submit an annual report 

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

13 regarding the activities of, and use of funds awarded 

14 through such grant by, such organization during the 

15 previous year. 

16 (c) GRANTS TO ORGANIZATIONS FOR RESETTLE17 MENT AND ADMISSIONS FOR NORTH KOREAN REFU18 GEES.—

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

20 make grants to nongovernmental, nonprofit organi21 zations or persons that—

22 (A) provide legal assistance to natives or 

23 citizens of North Korea who are applying for 

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

25 admission to the United States; or 
32

•S 1903 IS 

1 (B) can demonstrate—

2 (i) a successful record of providing 

3 similar assistance to other persons in the 

4 past; or 

5 (ii) the intent and capacity to provide 

6 such assistance. 

7 (2) REPORTING REQUIREMENT.—Each non8 governmental organization awarded a grant pursu9 ant to this subsection shall, not later than 1 year 

10 after the date the grant is awarded, and annually 

11 thereafter, submit a report to the Secretary of State 

12 regarding the activities of, and the use of funds 

13 awarded through such grants by, such organization 

14 during the previous year. 

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

16 Secretary of State may make grants to nongovernmental 

17 organizations from the United States, South Korea, and 

18 Japan to promote dialogue regarding human rights in 

19 North Korea. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Director of the 

22 United States Agency for International Development—

23 (1) $20,000,000 for each of the fiscal years 

24 2003 through 2006 to carry out subsection (a); 
33

•S 1903 IS 

1 (2) $500,000 for each of the fiscal years 2003 

2 through 2006 to carry out subsection (b); 

3 (3) $5,000,000 for each of the fiscal years 2003 

4 through 2006 to carry out subsection (c); and 

5 (4) $2,000,000 for each of the fiscal years 2003 

6 through 2006 carry out subsection (d). 

7 TITLE III—ACTIONS TO PRO8 MOTE NORTH KOREAN DE9 MOCRACY 

10 SEC. 301. RADIO BROADCASTING INTO NORTH KOREA. 

11 (a) PURPOSE.—The purpose of this section is to au12 thorize increased support for radio broadcasting to North 

13 Korea by the United States Government and surrogates 

14 that will—

15 (1) eventually provide 24-hour per day broad16 casting to North Korea, including by Radio Free 

17 Asia and Voice of America; and 

18 (2) facilitate the unhindered dissemination of 

19 information in North Korea. 

20 (b) REPORT ON RADIO BROADCASTING IN NORTH

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

22 enactment of this Act, the Secretary of State shall submit 

23 to the appropriate congressional committees a report 

24 that—
34

•S 1903 IS 

1 (1) describes how funds that are appropriated 

2 and allocated pursuant to this section will be used 

3 to provide AM and FM broadcasting that— 

4 (A) covers the territory of North Korea; 

5 and 

6 (B) delivers independent and uncensored 

7 programming; and 

8 (2) reviews the feasibility of providing 24-hour 

9 per day broadcasting to North Korea. 

10 SEC. 302. DISTRIBUTION OF RADIOS TO NORTH KOREANS. 

11 (a) DISTRIBUTION OF RADIOS.—Not later than 90 

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

13 Broadcasting Board of Governors, in consultation and co14 ordination with nongovernmental organizations, shall es15 tablish a program for the distribution of radios in North 

16 Korea. 

17 (b) REPORT.—Not later than 1 year after the date 

18 of the enactment of this Act, the Broadcasting Board of 

19 Governors shall report to the appropriate congressional 

20 committees on the distribution of radios by that service 

21 or by any recipients of grants from that service. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated $11,000,000 in each of 

24 the fiscal years 2003 through 2006 to carry out this sec25 tion. 
35

•S 1903 IS 

1 SEC. 303. SENSE OF CONGRESS REGARDING UNITED 

2 STATES FINANCIAL ASSISTANCE DESIGNED 

3 TO ADDRESS CONDITIONS CREATED BY THE 

4 ECONOMIC AND POLITICAL SYSTEM OF 

5 NORTH KOREA. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that—

8 (1) the United States should encourage coun9 tries in the Northeast Asia region, including South 

10 Korea, to participate in the Proliferation Security 

11 Initiative and the Illicit Activities Initiative as a con12 dition for receiving United States financial assist13 ance specifically designed to address conditions cre14 ated by the economic and political system of North 

15 Korea; and 

16 (2) any country receiving such assistance shall, 

17 in the 6 months prior to any assistance being pro18 vided, have—

19 (A) taken significant and public actions to 

20 promote human rights in North Korea for the 

21 purpose of assisting the people of North Korea; 

22 and 

23 (B) taken significant actions to deny the 

24 North Korean Government and North Korean 

25 officials financial benefits resulting from illegal 

26 activities; and 
36

•S 1903 IS 

1 (3) any money or other financial benefit pro2 vided to the North Korean Government or to its offi3 cials or agents by the country receiving such assist4 ance, or by private entities closely associated with 

5 that country if done in cooperation with or with 

6 funds provided by the Government of that country, 

7 shall have a true and legitimate commercial purpose, 

8 or humanitarian aid purpose if such money or other 

9 financial benefit is subject to controls sufficient to 

10 ensure it reaches hungry and needful people, and 

11 may not be a subsidy to the North Korean Govern12 ment or to its officials or agents. 

13 (b) ILLEGAL ACTIVITIES OF DIVISION 39.—For pur14 poses of subsection (a), the term ‘‘significant actions’’ in15 cludes actions to limit the activities of Division 39 of the 

16 North Korean Government and any successors or similar 

17 entities, including aggressive criminal and civil prosecution 

18 of individuals and organizations (whether or not such indi19 viduals or organizations are part of the North Korean 

20 Government) that engage in commercial or financial trans21 actions with Division 39 and any successors or similar en22 tities. 
37

•S 1903 IS 

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. 

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 $1,000,000 for each of the fiscal years 2003 through 2006 

23 to carry out this section. 
38

•S 1903 IS 

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 $1,000,000 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—
39

•S 1903 IS 

1 (1) it is proper and useful for the United States 

2 to engage in negotiations with the Government of 

3 North Korea to address issues of concern to coun4 tries in the northeast Asia region and around the 

5 world; 

6 (2) South Korea is the country that stands to 

7 benefit most from a free and peaceful reunification, 

8 and the political leadership in South Korea and the 

9 United States should work together to develop a 

10 strategy for increasing public awareness of the com11 mon goal of the 2 countries to achieve a peaceful re12 unification of the Korean peninsula based on demo13 cratic principles; 

14 (3) any negotiations between the United States 

15 and North Korea should include discussions—

16 (A) directed toward ending the develop17 ment, sale, and transfer by North Korea of 

18 weapons of mass destruction and related deliv19 ery systems, materials, and technologies; 

20 (B) regarding a complete, irreversible, and 

21 verifiable halt to the quest by the Government 

22 of North Korea for nuclear weaponry and a de23 mobilization of North Korea’s long-range mis24 sile program and biological and chemical weap25 ons programs; and 
40

•S 1903 IS 

1 (C) regarding the establishment of a last2 ing peace between North Korea and South 

3 Korea; 

4 (4) any diplomatic solution to the problems 

5 posed by the development of weapons of mass de6 struction, including biological and chemical weapons 

7 programs, the proliferation of arms, and the desta8 bilization of the northeast Asia region by North 

9 Korea should also include protections for human 

10 rights within North Korea; and 

11 (5) any negotiations between the United States 

12 and North Korea should include the human rights of 

13 North Korean citizens as a key item in a dialogue 

14 on political freedoms, prison systems, and religious 

15 freedoms. 

16 SEC. 402. SENSE OF CONGRESS REGARDING TRADE SANC17 TIONS AND ECONOMIC ASSISTANCE. 

18 It is the sense of Congress that—

19 (1) the United States and North Korea should 

20 engage in trade that will mutually benefit the people 

21 of both nations; 

22 (2) the mere lifting of United States sanctions 

23 against North Korea, without fundamental changes 

24 in the North Korean economy, will not lead to mutu-
41

•S 1903 IS 

1 ally beneficial economic relationships between the 

2 United States and North Korea; 

3 (3) the United States should provide economic 

4 assistance to North Korea that will benefit the peo5 ple of North Korea, and should avoid merely estab6 lishing North Korea as a permanent recipient of 

7 government-to-government transfer payments; 

8 (4) the Government of North Korea should rec9 ognize that the path to economic renewal growth lies 

10 in international markets in goods, services, and cap11 ital, which offer opportunities for reducing costs, im12 proving productivity, and promoting dynamism; 

13 (5) the participation in the North Korean econ14 omy of more than 450 small- and medium-sized 

15 businesses from South Korea represents an oppor16 tunity for North Korea to integrate its economy with 

17 the world market, expand trade, and attract foreign 

18 investment and other economic benefits; and 

19 (6) trade sanctions related to North Korea 

20 should not be lifted, and economic assistance should 

21 not be provided to North Korea, unless such lifting 

22 of sanctions or provision of economic assistance is 

23 also accompanied by the Government of North 

24 Korea taking monitored steps related to the stand25 ards of the Millennium Challenge Account proposed 
42

•S 1903 IS 

1 by the President of the United States on March 14, 

2 2002, including the aggressive prosecution of any 

3 North Koreans engaged in international criminal ac4 tivities such as drug trafficking and counterfeiting. 

5 SEC. 403. CONDITIONS FOR UNITED STATES AID AND 

6 OTHER ASSISTANCE. 

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

8 entity of the United States Government may provide hu9 manitarian aid to any department, agency, or entity of the 

10 Government of North Korea unless such United States 

11 Government department, agency, or entity can document 

12 that every effort has been made to ensure that North 

13 Korea has taken steps and made progress toward ensuring 

14 that—

15 (1) such aid—

16 (A) reaches all the people who are identi17 fied as the intended beneficiaries, irrespective of 

18 any geographic restriction; 

19 (B) is not used as a political tool or tool 

20 of human rights coercion; and 

21 (C) is provided on a needs basis; 

22 (2) the beneficiaries of any such aid are in23 formed of the source of the aid; and 
43

•S 1903 IS 

1 (3) the delivery, distribution, and monitoring of 

2 any assistance is carried out in accordance with 

3 internationally recognized standards. 

4 (b) NONHUMANITARIAN AID.—No department, agen5 cy, or entity of the United States Government may provide 

6 nonhumanitarian aid to any department, agency, or entity 

7 of the Government of North Korea unless such United 

8 States Government department, agency or entity can doc9 ument that every effort has been made to ensure that 

10 North Korea has taken steps and made progress toward—

11 (1) providing for significant family reunification 

12 between families of Korean descent in the United 

13 States and North Korea; 

14 (2) protecting and monitoring basic human 

15 rights, including freedom of religion for its people; 

16 (3) disclosing complete and total information 

17 regarding citizens of Japan and South Korea kid18 napped by the Government of North Korea; 

19 (4) providing complete and total freedom for 

20 such victims and their families to live in the country 

21 of their choice; 

22 (5) achieving significant reform of its prison 

23 and labor camp system and subjects such reform to 

24 monitoring by independent officials; and
44

•S 1903 IS 

1 (6) achieving significant reform with respect to 

2 the definitions of political crimes and the prosecu3 tion by the Government of North Korea for alleged 

4 political crimes. 

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

6 that the successful implementation of the actions de7 scribed in subsections (a) and (b) may, in the context of 

8 more comprehensive negotiations, serve as a basis for the 

9 United States to—

10 (1) support the opening of an embassy in 

11 Pyongyang, North Korea; and 

12 (2) support the membership of North Korea in 

13 multilateral development institutions. 

14 TITLE V—MISCELLANEOUS 

15 PROVISIONS 

16 SEC. 501. ANNUAL REPORT. 

17 (a) ANNUAL REPORT.—

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of the enactment of this Act, and annually 

20 thereafter, the Secretary of State and the Secretary 

21 of Homeland Security shall submit a joint report to 

22 the appropriate congressional committees on the op23 eration of this Act during the previous year. 

24 (2) CONTENTS.—The report submitted in ac25 cordance with paragraph (1) shall include—
45

•S 1903 IS 

1 (A) the number of aliens who are natives 

2 or citizens of North Korea and have been grant3 ed humanitarian parole under section 203, and 

4 the immigration status of such aliens before 

5 being granted humanitarian parole; 

6 (B) the number of aliens who are natives 

7 or citizens of North Korea and have been grant8 ed an adjustment of status under section 204, 

9 and the immigration status of such aliens be10 fore being granted adjustment of status; 

11 (C) the number of aliens who are natives 

12 or citizens of North Korea who were granted 

13 political asylum; 

14 (D) the number of aliens who are natives 

15 or citizens of North Korea who were granted 

16 temporary protected status under section 205; 

17 (E) the number of aliens who are natives 

18 or citizens of North Korea who applied for ref19 ugee status and the number who were granted 

20 refugee status; 

21 (F) the number of orphans who are natives 

22 or citizens of North Korea who have been iden23 tified for adoption by, or are in the process of 

24 being adopted by, United States citizens; 
46

•S 1903 IS 

1 (G) a description of the activities of the 

2 Weapons of Mass Destruction Informant Center 

3 established under section 207 of this Act; and 

4 (H) the activities of the United Nations 

5 High Commission for Refugees with respect to 

6 section 210. 

7 (b) COMMITTEE REPORT.—Not later than 180 days 

8 after the date on which the report submitted in accordance 

9 with subsection (a)(1) is received, the appropriate congres10 sional committees should report to the House of Rep11 resentatives or the Senate, as appropriate, on oversight 

12 findings and proposed legislation that the congressional 

13 committees consider appropriate. 

14 SEC. 502. TASK FORCE ON NORTH KOREAN CRIMINAL 

15 ACTIVITIES. 

16 (a) ESTABLISHMENT.—The President shall establish 

17 an Interagency Task Force to Monitor and Combat North 

18 Korean Criminal Activities (referred to in this section as 

19 the ‘‘Task Force’’). 

20 (b) MEMBERSHIP.—The Task Force shall be com21 posed of—

22 (1) 2 senior staff members of the Department 

23 of Homeland Security appointed by the Secretary; 

24 (2) 2 senior staff members of the Department 

25 of State appointed by the Secretary of State; 
47

•S 1903 IS 

1 (3) 2 senior staff members of the Department 

2 of Justice appointed by the Attorney General; 

3 (4) 2 senior staff members of the Department 

4 of Defense appointed by the Secretary of Defense; 

5 (5) 2 senior staff members of the Department 

6 of Treasury appointed by the Secretary of the Treas7 ury; and 

8 (6) 2 senior staff members of the Central Intel9 ligence Agency appointed by the Director of Central 

10 Intelligence. 

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

12 monitoring and prosecution of criminal activities in North 

13 Korea, including counterfeiting and trafficking in nar14 cotics, weapons, and persons. The Task Force shall—

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

16 the enactment of this Act, deliver to the appropriate 

17 congressional committees a plan for denying to the 

18 North Korean regime and North Korean Govern19 ment officials financial benefits from the activities of 

20 Division 39 and any similar or successor entities; 

21 (2) coordinate United States agency activities 

22 regarding crimes committed by North Koreans, in23 cluding by officials and entities of the Government 

24 of North Korea; and 
48

•S 1903 IS 

1 (3) coordinate United States agency cooperation 

2 with law enforcement, intelligence, and military serv3 ices of foreign countries with respect to crimes com4 mitted by North Koreans. 

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

6 report to the appropriate congressional committees de7 scribing criminal activities conducted by North Koreans 

8 in the previous year and the response by United States 

9 Government agencies.

Æ