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 Com-
mittee 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 juris-
diction 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 environ-
ment, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘North Korean Free-
dom Act of 2003’’.
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows:
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Findings. 
Sec. 4. Purposes. 
Sec. 5. Definitions. 
TITLE I—PROTECTING THE HUMAN RIGHTS OF NORTH KOREANS 
Sec. 101. Reports. 
Sec. 102. Reports by the United Nations. 
Sec. 103. Sense of Congress regarding religious persecution in North Korea. 
Sec. 104. Humanitarian and food assistance to North Koreans. 
TITLE II—ACTIONS TO PROTECT NORTH KOREAN REFUGEES 
Sec. 201. Pursuit of first asylum policy. 
Sec. 202. Adoption of North Korean children by Americans. 
Sec. 203. Humanitarian parole. 
Sec. 204. North Korean status adjustment. 
Sec. 205. Temporary protected status. 
Sec. 206. S visa. 
Sec. 207. Weapons of Mass Destruction Informant Center. 
Sec. 208. Right to accept employment. 
Sec. 209. Refugee status. 
Sec. 210. Funding for the United Nations High Commissioner for Refugees. 
Sec. 211. Funding for human rights organizations. 
Sec. 212. Eligibility for refugee or asylum consideration. 
TITLE III—ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY 
Sec. 301. Broadcasting into North Korea. 
Sec. 302. Provision of radios to North Koreans. 
Sec. 303. Sense of Congress regarding United States financial assistance de-
signed to address conditions created by the economic and polit-
ical system of North Korea. 
Sec. 304. Funding for entities that promote programs for democracy, good gov-
ernance, and the rule of law. 
Sec. 305. Funding for entities that promote market economies. 
TITLE IV—NEGOTIATIONS WITH NORTH KOREA 
Sec. 401. Sense of Congress regarding negotiations with North Korea. 
Sec. 402. Sense of Congress regarding trade sanctions and economic assistance. 
Sec. 403. Conditions for United States aid and other assistance. 
TITLE V—MISCELLANEOUS PROVISIONS 
Sec. 501. Annual report. 
Sec. 502. Task force on North Korean criminal activities.
SEC. 3. FINDINGS. 
Congress makes the following findings:
(C) mismanaging the economy and food 
production, with the result that millions of peo-
ple are threatened with starvation; 
(D) dismantling the national food system, 
with the result that the customary rules and ar-
rangements by which people exchange labor for 
food are no longer in operation; and 
(E) forbidding nearly all contact with the 
outside world. 
(8) Many persons wish to flee North Korea but 
cannot do so because of the threat of arrest, impris-
onment, and execution in North Korea and the 
threat of repatriation to North Korea if they are dis-
covered in another country. 
(9) North Koreans, including agents of the 
North Korean Government, have engaged in various 
criminal activities, including international trafficking 
in narcotics, arms, and persons. 
(10) The North Korean Government has op-
pressed its people by imprisoning, executing, or 
starving people for such crimes as ‘‘ideological diver-
gence,’’ 
‘‘opposing 
socialism,’’ 
and 
other 
‘‘counterrevolutionary 
crimes.’’ 
An 
estimated 
200,000 people are imprisoned in North Korea for 
political reasons.
(11) The North Korean people are denied their 
right to self-determination by the dictatorship of 
Kim Jong Il. 
(12) Estimates of the number of North Korean 
refugees living in China range from 100,000 to 
300,000 people. 
(13) As many as 3,500,000 North Koreans 
have died from hunger or famine-related disease 
since 1994. 
(14) South Korea has accepted fewer than 
3,000 North Korean refugees for resettlement in 
South Korea since 1953. 
(15) Fewer than 100 North Koreans were 
granted public interest parole into the United States 
in each of 1998 and 1999. 
(16) Korean unification under a peaceful, politi-
cally free, market-oriented system could contribute 
to political stability and economic prosperity in 
northeast Asia and beyond. 
(17) United States and world security, which is 
threatened by North Korea’s production and export 
of weapons of mass destruction, delivery systems, 
and related technologies will best be advanced by the 
establishment of freedom, democracy, and rights for 
the North Korean people.
(18) The principal responsibility for North Ko-
rean refugee resettlement naturally falls to the Gov-
ernment of South Korea, but the United States 
should play a leadership role in focusing inter-
national attention on the plight of these refugees, 
formulating international solutions to that profound 
humanitarian dilemma, and making prudent ar-
rangements to accept a credible number of refugees 
for domestic resettlement. 
SEC. 4. PURPOSES. 
The purposes of this Act are—
(1) to declare that it is the policy of the United 
States—
(A) to end North Korea’s development and 
transfer of weapons of mass destruction, deliv-
ery systems, and related materials and tech-
nologies; 
(B) to assist in the reunification of the Ko-
rean peninsula under a democratic system of 
government; 
(C) to achieve respect for and protection of 
human rights in North Korea in accordance 
with United Nations conventions; and
(D) to help construct and provide a more 
durable humanitarian solution to the plight of 
North Korean refugees; and 
(2) to take and encourage steps to implement 
this policy. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Relations 
and the Select Committee on Intelligence of the Sen-
ate and the Committee on International Relations 
and the Permanent Select Committee on Intelligence 
of the House of Representatives. 
(2) The term ‘‘China’’ means the People’s Re-
public of China. 
(3) The term ‘‘defectors’’ means persons with 
current or former positions of responsibility in the 
government or military of North Korea who have left 
or are attempting to leave North Korea without the 
authorization of their superiors. 
(4) The term ‘‘North Korea’’ means the Demo-
cratic People’s Republic of Korea. 
(5) The term ‘‘North Koreans’’ means persons 
who are natives or citizens of North Korea.
(6) The term ‘‘political offenses’’ means crimes 
that are designed to prevent free speech, free exer-
cise of religion, opposition to the government, free 
travel and movement, or other similar offenses. 
(7) The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
TITLE 
I—PROTECTING 
THE 
HUMAN RIGHTS OF NORTH 
KOREANS 
SEC. 101. REPORTS. 
(a) PRISON AND LABOR CAMPS.—
(1) CLASSIFIED REPORT.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of State, in cooperation with the Depart-
ment of Homeland Security, the Central Intelligence 
Agency and other United States intelligence agen-
cies, shall submit to the appropriate congressional 
committees a report in classified form on the North 
Korean prison and labor camp system. The report 
shall particularly focus on any prisons or labor 
camps that are used to house persons for political 
offenses. The report shall include information on—
(A) offenses for which prisoners are sent to 
prison; 
(B) torture;
(C) forced labor; 
(D) medical experimentation; 
(E) indoctrination and reeducation; 
(F) executions; and 
(G) the adequacy or inadequacy of food, 
water, and sanitation. 
(2) UNCLASSIFIED REPORT.—No later than 30 
days after the date on which the report is submitted 
pursuant to paragraph (1), the President, in con-
sultation with the appropriate congressional commit-
tees, shall submit to Congress an unclassified 
version of the report. The report shall include un-
classified satellite photography of any prisons and 
labor camps described in the report. 
(b) DEFECTORS.—
(1) CLASSIFIED REPORT.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of State, in cooperation with the Central 
Intelligence Agency and other United States intel-
ligence agencies, shall submit to the appropriate con-
gressional committees a classified report describing 
all United States Government policies toward North 
Korean defectors and explaining the reasons for 
those policies.
(2) UNCLASSIFIED REPORT.—Not later than 30 
days after the date on which the report is submitted 
pursuant to paragraph (1), the President, in con-
sultation with the appropriate congressional commit-
tees, shall submit to Congress an unclassified 
version of the report. The report shall include infor-
mation on—
(A) the number of North Korean defectors 
who have been identified; 
(B) the countries or regions to which these 
defectors have fled; 
(C) the estimated total number of North 
Korean defectors; and 
(D) the reasons why the Department of 
State has never identified North Koreans, par-
ticularly high level defectors, as a Priority 2 
group of special concern, as defined by the Sec-
retary of State, for expedited consideration in 
the United States refugee program. 
SEC. 102. THE UNITED NATIONS. 
(a) IN GENERAL.—It is the sense of Congress that 
the people of the United States believe that the United 
Nations has a significant role to play in promoting and 
improving human rights in North Korea, and United 
States confidence in the United Nations will be enhanced
if the United Nations deals aggressively with the issue of 
human rights in North Korea. 
(b) REPORTS BY THE UNITED NATIONS.—It is the 
sense of Congress that the United Nations should begin 
preparation of complete reports on—
(1) the prison and labor camp system in North 
Korea, particularly those prisons and labor camps 
that are used to house persons for political offenses, 
including camps reportedly for children under the 
age of 17; and 
(2) the North Korean refugee situation in 
China. 
SEC. 103. RELIGIOUS PERSECUTION IN NORTH KOREA. 
(a) COMMISSION
ON INTERNATIONAL RELIGIOUS 
FREEDOM.—It is the sense of Congress that, not later 
than 1 year after the date of the enactment of this Act, 
the United States Commission on International Religious 
Freedom should hold extended informational hearings in 
the United States on the status of religious persecution 
in North Korea. 
(b) COUNTRIES OF PARTICULAR CONCERN.—
(1) ANNUAL REPORT.—The President shall in-
clude in each annual report on proposed refugee ad-
mission pursuant to section 207(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1157(d)), infor-
mation about specific measures taken to facilitate 
access to the United States refugee program for in-
dividuals who have fled countries of particular con-
cern, as defined by the Secretary of Homeland Secu-
rity, for violations of religious freedom pursuant to 
section 402(b) of the International Religious Free-
dom Act of 1998 (22 U.S.C. 6442(b)). 
(2) INFORMATION.—The information included 
in the annual report described in paragraph (1) shall 
include, for each country of particular concern, a de-
scription of access of the nationals or former habit-
ual residents of that country to a refugee determina-
tion on the basis of—
(A) referrals by external agencies to a ref-
ugee adjudication; 
(B) groups deemed to be of special human-
itarian concern to the United States for pur-
poses of refugee resettlement; and 
(C) family links to the United States. 
SEC. 104. HUMANITARIAN AND FOOD ASSISTANCE TO 
NORTH KOREANS. 
(a) REPORT ON UNITED STATES FOOD AID.—Not 
later than 180 days after the date of the enactment of 
this Act, the Director of the United States Agency for 
International Development shall submit to the appropriate
congressional committees a report setting forth the fund-
ing for, and use of Federal resources by, entities that are 
providing humanitarian or food aid to North Korea. 
(b) FUNDING
TO NONGOVERNMENTAL ORGANIZA-
TIONS.—The Director of the United States Agency for 
International Development may provide financial assist-
ance, including grants, to the World Food Program and 
any United States nongovernmental organizations that are 
able to— 
(1) provide food aid and other humanitarian as-
sistance to North Koreans; and 
(2) demonstrate—
(A) a successful record of providing food 
aid to North Koreans; or 
(B) the intent and capacity to provide such 
aid. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated not less than 
$100,000,000 for each of the fiscal years 2004 through 
2007 for the purpose of carrying out this section. 
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that significant increases in United States humani-
tarian and food assistance for the people of North Korea 
should be connected to improvements in transparency,
monitoring, and access to vulnerable populations through-
out North Korea. 
TITLE II—ACTIONS TO PROTECT 
NORTH KOREAN REFUGEES 
SEC. 201. PURSUIT OF FIRST ASYLUM POLICY. 
It is the sense of Congress that the United States 
should pursue an international agreement to adopt an ef-
fective ‘‘first asylum’’ policy, modeled on the first asylum 
policy for Vietnamese refugees, that guarantees safe haven 
and assistance to North Korean refugees who arrive in the 
United States, until such time as conditions in North 
Korea allow for their return. 
SEC. 202. ADOPTION OF NORTH KOREAN CHILDREN BY 
AMERICANS. 
It is the sense of Congress that—
(1) thousands of North Korean orphans lan-
guish in orphanages with little hope of being adopted 
and are threatened with starvation and disease if 
they remain in North Korea; 
(2) thousands of United States citizens would 
welcome the opportunity to adopt North Korean or-
phans; and 
(3) the Secretary of State should seek—
(A) to promote the circumstances nec-
essary to allow reputable adoption providers to
assist Americans in adopting North Korean 
children; and 
(B) to encourage the North Korean Gov-
ernment to take the steps necessary to properly 
facilitate such adoptions. 
SEC. 203. HUMANITARIAN PAROLE. 
(a) PREREQUISITES
FOR
ELIGIBILITY.—Because 
North Korean refugees do not enjoy regular, unimpeded, 
and effective access to the United States refugee pro-
gram—
(1) for purposes of section 212(d)(5)(A) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(d)(5)(A)), the parole of any alien who is a na-
tive or citizen of North Korea seeking to enter the 
United States, and who is a victim of North Korean 
Government malfeasance, shall be considered to be 
of significant public benefit; and 
(2) for purposes of section 212(d)(5)(B) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(d)(5)(B)), the parole of any alien who is a ref-
ugee and a native or citizen of North Korea seeking 
to enter the United States, and who is a victim of 
North Korean Government malfeasance, shall be 
considered to be for compelling reasons in the public 
interest with respect to that particular alien.
(b) DEFINITION.—For purposes of this subsection, a 
victim of North Korean Government malfeasance is a 
former political prisoner, a member of a persecuted reli-
gious group, a forced-labor conscript, a victim of debili-
tating malnutrition, a person deprived of professional cre-
dentials or subjected to other disproportionately harsh or 
discriminatory treatment resulting from his perceived or 
actual political or religious beliefs or activities, or a person 
who appears to have a credible claim of other persecution 
by the Government of North Korea. 
(c) DISCRETION.—Nothing in this section shall be 
construed to prohibit the Secretary from establishing con-
ditions for parole under section 212(d)(5) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(d)(5)), or from 
denying parole to such aliens who are otherwise ineligible 
for parole. 
(d) LENGTH OF PAROLE.—
(1) IN
GENERAL.—Notwithstanding section 
212(d)(5) of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(5)), if parole is granted to an alien 
who is a native or citizen of North Korea pursuant 
to subsection (a), the parole shall be effective until 
the final resolution of any application for adjustment 
of status made pursuant to section 204 of this Act.
(2) DENIAL OF ADJUSTMENT OF STATUS.—If 
an application for adjustment of status made pursu-
ant to section 204 is denied, the Secretary may, in 
the discretion of the Secretary, parole the alien de-
scribed in paragraph (1) pursuant to section 
212(d)(5) of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(5)). 
(3) EXTENSION OF PAROLE PERIOD.—If no ap-
plication for adjustment of status is made pursuant 
to section 204 within 18 months after parole is 
granted to an alien described in paragraph (1), the 
Secretary may, in the discretion of the Secretary, ex-
tend the parole period temporarily under conditions 
that the Secretary prescribes. 
(4) NO GRANT OF PAROLE.—If parole is not 
granted to an alien described in paragraph (2), the 
alien shall be treated pursuant to section 212(d)(5) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) as if the purposes of the alien’s parole 
have been served. 
(5) 
TERMINATION
OF
PAROLE.—Notwith-
standing any other provision of this section, the pa-
role period of an alien described in paragraph (1) 
shall terminate when the Secretary determines 
that—
(A) the human rights record of North 
Korea, according to the Country Report on 
Human Rights Practices issued by the Depart-
ment of State, Bureau of Democracy, Human 
Rights, and Labor, is satisfactory; and 
(B) North Korea is no longer on the list of 
nations designated as State sponsors of ter-
rorism by the Secretary of State. 
(e) SUBSEQUENT REMOVAL PROCEEDINGS.—Noth-
ing in this section shall be construed to prohibit the Sec-
retary from instituting removal proceedings against an 
alien paroled into the United States under this section 
for—
(1) conduct committed after the parole of the 
alien into the United States; or 
(2) conduct or a condition that was not dis-
closed to the Secretary prior to the parole of the 
alien into the United States. 
SEC. 204. NORTH KOREAN STATUS ADJUSTMENT. 
(a) STATUS ADJUSTMENT.—Notwithstanding section 
245(c) of the Immigration and Nationality Act (8 U.S.C. 
1255(c)), and subject to the exception in section 245(j)(3) 
of the Immigration and Nationality Act, as added by sec-
tion 206(c) of this Act, the status of any alien who is a 
native or citizen of North Korea, has been inspected and
admitted or paroled into the United States subsequent to 
July 1, 2003, and has been physically present in the 
United States for at least 1 year, may be adjusted by the 
Secretary, in the discretion of the Secretary and under 
such regulations as the Secretary may prescribe, to that 
of an alien lawfully admitted for permanent residence if—
(1) the alien makes an application for such ad-
justment within 18 months after parole is granted; 
(2) the alien is eligible to receive an immigrant 
visa and is admissible to the United States for per-
manent residence; and 
(3) the Secretary determines that the alien has 
complied with the requirements of subsection (b). 
(b) REQUIRED COOPERATION WITH THE UNITED 
STATES GOVERNMENT.—The requirements of this sub-
section shall be satisfied if—
(1) the Secretary determines that—
(A) the alien is in possession of critical re-
liable information concerning the activities of 
the Government of North Korea or its agents, 
representatives, or officials, and the alien has 
cooperated or is currently cooperating, fully and 
in good faith, with appropriate persons within 
the United States Government regarding such 
information; or
(B) the alien is not in possession of critical 
reliable information concerning the activities of 
the Government of North Korea or its agents, 
representatives, or officials; and 
(2) the Secretary determines that the alien—
(A) did not enter the United States in a 
then-current capacity as an agent, representa-
tive, or official of the Government of North 
Korea, or for any purpose contrary to the pur-
poses of this Act or for any unlawful purpose; 
(B) is not, since entering the United 
States or at the time during which the applica-
tion for adjustment of status is filed or in proc-
ess, an agent, representative, or official of the 
Government of North Korea, or during such pe-
riod acting for any purpose contrary to the pur-
poses of this Act or for any unlawful purpose; 
and 
(C) in the judgment of the Secretary, is 
not likely to become an agent, representative, or 
official of the Government of North Korea, or 
act for any purpose contrary to the purposes of 
this Act or for any unlawful purpose. 
(c) EFFECT
ON IMMIGRATION
AND NATIONALITY 
ACT.—
(1) DEFINITIONS.—The definitions in sub-
sections (a) and (b) of section 101 of the Immigra-
tion and Nationality Act (8 U.S.C. 1101) shall apply 
to this section. 
(2) APPLICABILITY.—Nothing in this section 
shall be construed to repeal or restrict the powers, 
duties, functions, or authority of the Secretary in 
the administration and enforcement of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.) or 
any other Federal law relating to immigration, na-
tionality, or naturalization. 
(d) SUBSEQUENT REMOVAL PROCEEDINGS.—Noth-
ing in this section shall be construed to prohibit the Sec-
retary from instituting removal proceedings against an 
alien whose status was adjusted under subsection (a) 
for—
(1) conduct committed after such adjustment of 
status; or 
(2) conduct or a condition that was not dis-
closed to the Secretary prior to such adjustment of 
status. 
SEC. 205. TEMPORARY PROTECTED STATUS. 
(a) EXTRAORDINARY AND TEMPORARY CONDITIONS 
CONSIDERED TO EXIST.—
(1) IN
GENERAL.—For purposes of section 
244(b)(1)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1254a(b)(1)(C)), extraordinary and 
temporary conditions shall be considered to exist in 
North Korea that prevent aliens who are natives or 
citizens of North Korea from returning to North 
Korea in safety. 
(2) TERMINATION
OF
PROTECTED
STATUS.—
The extraordinary and temporary conditions referred 
to in paragraph (1) shall be considered to exist until 
the Secretary determines that—
(A) the human rights and trafficking 
records of North Korea, according to the Coun-
try Report on Human Rights Practices issued 
by the United States Department of State, Bu-
reau of Democracy, Human Rights, and Labor, 
and the country report on trafficking issued by 
the Trafficking in Persons Office of the Depart-
ment of State, are satisfactory; and 
(B) North Korea is no longer on the list of 
nations designated as state sponsors of ter-
rorism by the United States Department of 
State. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should use its diplomatic
means to promote the institution of measures similar to 
humanitarian parole or the form of temporary protected 
status granted under subsection (a), in countries that 
neighbor North Korea. 
SEC. 206. S VISA. 
(a) EXPANSION OF S VISA CLASSIFICATION.—Sec-
tion 101(a)(15)(S) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(S)) is amended—
(1) in clause (i)—
(A) by striking ‘‘Attorney General’’ each 
place that term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(B) by striking ‘‘or’’ at the end; and 
(2) in clause (ii)—
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(B) by striking ‘‘1956,’’ and all that fol-
lows through ‘‘the alien;’’ and inserting the fol-
lowing: ‘‘1956; or 
‘‘(iii) who the Secretary of Homeland Se-
curity determines—
‘‘(I) is in possession of critical reliable 
information concerning the activities of 
governments or other organizations, or 
their agents, representatives, or officials,
with respect to weapons of mass destruc-
tion, delivery systems, or related materials 
and technologies if such governments or 
organizations are at risk of using or ex-
porting such weapons; and 
‘‘(II) is willing to supply or has sup-
plied, fully and in good faith, information 
described in subclause (I) to appropriate 
persons within the United States Govern-
ment; 
and, if the Secretary of Homeland Security considers 
it to be appropriate, the spouse, married and unmar-
ried sons and daughters, and parents of an alien de-
scribed in clause (i), (ii), or (iii) if accompanying, or 
following to join, the alien;’’. 
(b) NUMERICAL LIMITATION.—Section 214(k)(1) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(k)(1)) is amended by striking ‘‘The number of 
aliens’’ and all that follows through the period and insert-
ing the following: ‘‘The number of aliens who may be pro-
vided 
a 
visa 
as 
nonimmigrants 
under 
section 
101(a)(15)(S) in any fiscal year may not exceed 3,500.’’. 
(c) ADJUSTMENT OF STATUS.—Section 245(j) of the 
Immigration and Nationality Act (8 U.S.C. 1255(j)) is 
amended—
(1) by striking ‘‘Attorney General’’ each place 
that term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) by redesignating paragraph (3) as para-
graph (4); 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) If, in the sole discretion of the Secretary of 
Homeland Security—
‘‘(A) a nonimmigrant admitted into the United 
States under section 101(a)(15)(S)(iii) has supplied 
information described in subclause (I) of that sec-
tion; and 
‘‘(B) the provision of such information has sub-
stantially contributed to the purposes of the North 
Korean Freedom Act of 2003; 
the Secretary of Homeland Security may adjust the status 
of the alien (and the spouse, married and unmarried sons 
and daughters, and parents of the alien if admitted under 
such section) to that of an alien lawfully admitted for per-
manent residence.’’; and 
(4) in paragraph (4), as so redesignated, by 
striking ‘‘Upon the approval of adjustment of status 
under paragraph (1) or (2),’’ and inserting ‘‘Upon
the approval of adjustment of status under para-
graph (1), (2), or (3),’’. 
SEC. 207. WEAPONS OF MASS DESTRUCTION INFORMANT 
CENTER. 
(a) ESTABLISHMENT.—There is established within 
the Department of Homeland Security a Weapons of Mass 
Destruction Informant Center. 
(b) RESPONSIBILITIES.—The Weapons of Mass De-
struction Informant Center established under subsection 
(a) shall—
(1) educate consular officers regarding the visa 
classification described in section 101(a)(15)(S)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(S)(iii)); 
(2) facilitate, receive, and evaluate visa requests 
for 
nonimmigrants 
described 
in 
section 
101(a)(15)(S)(iii) in consultation with appropriate 
personnel both within and outside of the Department 
of Homeland Security; 
(3) in the event the Weapons of Mass Destruc-
tion Informant Center recommends the approval of 
visa requests for nonimmigrants described in section 
101(a)(15)(S)(iii), act in coordination with the Di-
rector of the Bureau of Citizenship and Immigration 
Services and other appropriate government agencies
to facilitate the issuance of such visas, including ad-
ditional visas as are considered to be appropriate for 
the spouse, married or unmarried sons and daugh-
ters, and parents of the alien whose request was 
granted; 
(4) facilitate the cooperation of aliens who re-
ceive such visas with the United States Government 
in ways that further the purposes of the visa and the 
goals of this Act; 
(5) ensure that aliens who receive such visas 
comply with the terms of the visa; and 
(6) ensure that such visas are not utilized as a 
method of gaining entry into the United States for 
any purpose other than those outlined in this Act. 
SEC. 208. RIGHT TO ACCEPT EMPLOYMENT. 
Section 208(d)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(d)(2)) is amended—
(1) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’; and 
(2) by adding at the end the following: ‘‘In the 
case of an applicant who is a citizen or native of 
North Korea, the Secretary of Homeland Security 
shall issue regulations under which such applicant 
shall be entitled to employment authorization, and
such applicant shall not be subject to the 180-day 
limitation described in the previous sentence.’’. 
SEC. 209. REFUGEE STATUS. 
The Secretary of State shall designate natives or citi-
zens of North Korea who apply for refugee status under 
section 207 of the Immigration and Nationality Act (8 
U.S.C. 1157), and who are former political prisoners, 
members of persecuted religious groups, forced-labor 
conscripts, victims of debilitating malnutrition, persons 
deprived of professional credentials or subjected to other 
disproportionately harsh or discriminatory treatment re-
sulting from their perceived or actual political or religious 
beliefs or activities, or others who appear to have a cred-
ible claim of other persecution, as a Priority 2 group of 
special concern, as defined by the Secretary of State, for 
purposes of refugee resettlement. 
SEC. 210. FUNDING FOR THE UNITED NATIONS HIGH COM-
MISSIONER FOR REFUGEES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the United Nations High Commissioner for 
Refugees (UNHCR) should monitor the situation of 
North Korean refugees in China and provide assist-
ance to those refugees;
(2) the Government of China should provide the 
UNHCR with access to any North Koreans inside 
its borders to enable the UNHCR to determine 
whether they are refugees and whether they require 
assistance, as required by the 1951 United Nations 
Convention Relating to the Status of Refugees, the 
1967 protocol, and Article III, paragraph 5 of the 
Agreement on the upgrading of the UNHCR Mission 
in the People’s Republic of China to UNHCR 
branch office in the People’s Republic of China 
signed at Geneva, December 1, 1995 (referred to in 
this section as the ‘‘UNHCR Mission Agreement’’); 
(3) the Government of China should not pro-
hibit such access by unilaterally declaring North Ko-
reans inside of China to be ‘‘economic migrants’’; 
(4) the UNHCR, in order to effectively carry 
out its mandate to protect refugees, should liberally 
employ as professionals or experts on mission per-
sons with significant experience in humanitarian aid 
work among displaced North Koreans in China; and 
(5) the UNHCR, in order to effectively carry 
out its mandate to protect refugees, should liberally 
contract with appropriate nongovernmental organi-
zations that have a proven record of providing hu-
manitarian aid to displaced North Koreans in China.
(b) ARBITRATION.—It is the sense of Congress that 
should the Government of China fail to provide the 
UNHCR full access to all North Koreans within its bor-
ders, the UNHCR should initiate arbitration proceedings 
pursuant to Article XVI of the UNHCR Mission Agree-
ment and appoint an arbitrator for the UNHCR. 
SEC. 211. FUNDING FOR HUMAN RIGHTS ORGANIZATIONS. 
(a) GRANTS TO ENTITIES THAT ASSIST NORTH KO-
REAN REFUGEES.—
(1) IN
GENERAL.—The Administrator of the 
United States Agency for International Development 
may make grants to nongovernmental, non-profit 
human rights organizations or persons, or foreign 
governmental organizations—
(A) that—
(i) provide assistance to natives or 
citizens of North Korea who are attempt-
ing to escape from North Korea or from 
agents of North Korea outside that coun-
try; or 
(ii) establish or operate camps or re-
settlement centers for North Korean refu-
gees; and 
(B) that can demonstrate—
(i) a successful record of providing the 
type of assistance to be funded; or 
(ii) the intent and capacity to provide 
such assistance. 
(2) TIME OF GRANTS.—A grant provided under 
this subsection may not exceed 3 years in duration. 
(3) REPORTING REQUIREMENTS.—Each entity 
or person awarded a grant pursuant to this sub-
section shall, not later than 1 year after the date the 
grant is awarded, submit a report to the Director re-
garding the activities of, and use of funds awarded 
through such grant by, such person or entity during 
the previous year. Notwithstanding any other provi-
sion of law, the contents of each such report shall 
not be revealed until 10 years after the date on 
which the report was submitted. 
(b) GRANTS
TO
ORGANIZATIONS
THAT
ASSIST 
NORTH KOREAN ORPHANS.—
(1) QUALIFYING ORGANIZATIONS.—The Admin-
istrator of the United States Agency for Inter-
national Development may make grants to non-
governmental organizations that—
(A) provide assistance to North Korean or-
phans in any country; and 
(B) can demonstrate—
(i) a successful record of providing as-
sistance to North Korean orphans; or 
(ii) the intent and capacity to provide 
such assistance. 
(2) TIME
OF
GRANTS.—The grants provided 
under this subsection may not exceed 3 years in du-
ration. 
(3) REPORTING
REQUIREMENTS.—Each non-
governmental organization awarded a grant pursu-
ant to this subsection shall submit an annual report 
to the Director not later than March 1 of each year 
regarding the activities of, and use of funds awarded 
through such grant by, such organization during the 
previous year. 
(c) GRANTS
TO ORGANIZATIONS
FOR RESETTLE-
MENT
AND ADMISSIONS
FOR NORTH KOREAN REFU-
GEES.—
(1) IN GENERAL.—The Secretary of State may 
make grants to nongovernmental, nonprofit organi-
zations or persons that—
(A) provide legal assistance to natives or 
citizens of North Korea who are applying for 
refugee status, parole, visas, or other means of 
admission to the United States; or 
(B) can demonstrate—
(i) a successful record of providing 
similar assistance to other persons in the 
past; or 
(ii) the intent and capacity to provide 
such assistance. 
(2) REPORTING
REQUIREMENT.—Each non-
governmental organization awarded a grant pursu-
ant to this subsection shall, not later than 1 year 
after the date the grant is awarded, and annually 
thereafter, submit a report to the Secretary of State 
regarding the activities of, and the use of funds 
awarded through such grants by, such organization 
during the previous year. 
(d) GRANTS FOR HUMAN RIGHTS DIALOGUE.—The 
Secretary of State may make grants to nongovernmental 
organizations from the United States, South Korea, and 
Japan to promote dialogue regarding human rights in 
North Korea. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated—
(1) to the Administrator of the United States 
Agency for International Development, $20,000,000 
for each of the fiscal years 2003 through 2006 to 
carry out subsection (a);
(2) to the Administrator of the United States 
Agency for International Development, $500,000 for 
each of the fiscal years 2003 through 2006 to carry 
out subsection (b); 
(3) to the Secretary of State, $5,000,000 for 
each of the fiscal years 2003 through 2006 to carry 
out subsection (c); and 
(4) to the Secretary of State, $2,000,000 for 
each of the fiscal years 2003 through 2006 to carry 
out subsection (d). 
SEC. 212. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSID-
ERATION. 
(a) PURPOSE.—The purpose of this section is to en-
sure that North Koreans are not barred from eligibility 
for refugee status or asylum in the United States on ac-
count of any legal right to citizenship they may enjoy 
under the Constitution of the Republic of Korea. This Act 
is not intended in any way to prejudice whatever rights 
to citizenship North Koreans may enjoy under the Con-
stitution of the Republic of Korea. 
(b) 
TREATMENT
OF
NATIONALS
OF
NORTH 
KOREA.—For purposes of eligibility for refugee status 
under section 207 of the Immigration and Nationality Act 
(8 U.S.C. 1157), or for asylum under section 208 of such 
Act (8 U.S.C. 1158), a national of the Democratic Peo-
ple’s Republic of Korea shall not be considered a national 
of the Republic of Korea. 
TITLE 
III—ACTIONS 
TO 
PRO-
MOTE NORTH KOREAN DE-
MOCRACY 
SEC. 301. BROADCASTING INTO NORTH KOREA. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should facilitate the 
unhindered dissemination of information in North Korea 
by increasing its support for radio broadcasting to North 
Korea, and that the Broadcasting Board of Governors 
should increase broadcasts to North Korea from current 
levels, with an eventual goal of providing 24-hour-per-day 
broadcasting to North Korea, including broadcasts by 
Radio Free Asia and Voice of America. 
(b) REPORT ON RADIO BROADCASTING IN NORTH 
KOREA.—Not later than 120 days after the date of the 
enactment of this Act, the Broadcasting Board of Gov-
ernors shall submit to the appropriate congressional com-
mittees a report that, in addition to describing current 
United States broadcasting to North Korea, outlines a 
plan for increasing such broadcasts to 24 hours per day, 
and details the technical and fiscal requirements that 
would be necessary to render that plan feasible.
SEC. 302. PROVISION OF RADIOS TO NORTH KOREANS. 
(a) PURPOSE.—It is the purpose of this section to 
increase the availability of information inside North Korea 
by making available to North Koreans radios capable of 
receiving outside broadcasts. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the President 
$1,000,000 in each of the fiscal years 2004 through 2008 
to carry out this section. 
(c) REPORT TO CONGRESS.—Not later than 1 year 
after the date of the enactment of this Act, and in each 
of the three years thereafter, the Secretary of State, after 
consulting with other agencies of the United States Gov-
ernment, shall submit to the appropriate congressional 
committees a report, in classified form, on measures being 
undertaken pursuant to this section, including the number 
of radios that have been provided to date. 
SEC. 303. SENSE OF CONGRESS REGARDING UNITED 
STATES FINANCIAL ASSISTANCE DESIGNED 
TO ADDRESS CONDITIONS CREATED BY THE 
ECONOMIC 
AND 
POLITICAL 
SYSTEM 
OF 
NORTH KOREA. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that, as a precondition to receiving bilateral United 
States assistance meant to defray the direct costs to their 
respective governments of any future, large-scale humani-
tarian contingency resulting from the collapse of the eco-
nomic and political system of North Korea, each of the 
nations of Northeast Asia should have, in the six months 
prior to the provision of such assistance—
(1) been an active participant in the Prolifera-
tion Security Initiative and the Illicit Activities Ini-
tiative; 
(2) taken significant and public actions to pro-
mote human rights in North Korea for the purpose 
of assisting the people of North Korea; 
(3) taken significant actions, including criminal 
prosecutions, to deny the North Korean Govern-
ment, its officials, and affiliated entities (including 
Division 39) benefits resulting from illegal activities; 
and 
(4) observed controls sufficient to ensure that 
any financial benefit it provided to the North Ko-
rean Government, its officials, or affiliated entities 
had a legitimate commercial or humanitarian aid 
purpose, and was used for that purpose rather than 
as a direct subsidy of the North Korean Govern-
ment, its officials, or affiliated entities.
SEC. 304. FUNDING FOR ENTITIES THAT PROMOTE DEMOC-
RACY, GOOD GOVERNANCE, AND THE RULE 
OF LAW. 
(a) GRANTS AUTHORIZED.—The Director of the 
United States Agency for International Development may 
make grants to nongovernmental, non-profit human rights 
organizations or persons, or foreign governmental organi-
zations for the purpose of promoting and supporting pro-
grams for democracy, good governance, and the rule of 
law in North Korea. 
(b) TIME OF GRANTS.—A grant provided under this 
subsection may not exceed 2 years in duration. 
(c) REPORTING REQUIREMENTS.—Each entity or 
person awarded a grant pursuant to this subsection shall 
submit a report to the Director not later than March 1 
of each year regarding the activities of, and use of funds 
awarded through such grant by, such person or entity dur-
ing the previous year. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Director of the 
United States Agency for International Development 
$500,000 for each of the fiscal years 2003 through 2006 
to carry out this section.
SEC. 305. FUNDING FOR ENTITIES THAT PROMOTE MARKET 
ECONOMIES. 
(a) GRANTS AUTHORIZED.—The Director of the 
United States Agency for International Development may 
make grants to nongovernmental, non-profit human rights 
organizations or persons, or foreign governmental organi-
zations that promote market economies modeled after pro-
grams in Vietnam. 
(b) TIME OF GRANTS.—The grants provided under 
this subsection may not exceed 2 years in duration. 
(c) REPORTING REQUIREMENTS.—Each nongovern-
mental organization awarded a grant pursuant to this sub-
section shall submit an annual report to the Director not 
later than March 1 of each year regarding the activities 
of, and use of funds awarded through such grant by, such 
organization during the previous year. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Director of the 
United States Agency for International Development 
$500,000 for each of the fiscal years 2003 through 2006 
to carry out this section. 
TITLE IV—NEGOTIATIONS WITH 
NORTH KOREA 
SEC. 401. SENSE OF CONGRESS REGARDING NEGOTIATIONS 
WITH NORTH KOREA. 
It is the sense of Congress that—
(1) it is necessary and proper for the United 
States to engage in negotiations with the Govern-
ment of North Korea and other concerned parties in 
Northeast Asia to address issues of common concern 
both regionally and to the broader world community; 
(2) every government in Northeast Asia, includ-
ing China and Russia, should support the principle 
of peaceful reunification on the Korean peninsula; 
(3) as close allies with shared democratic val-
ues, the political leadership in South Korea and the 
United States should work together to develop a 
strategy for increasing public awareness in both 
countries that our common goal is to achieve a 
peaceful reunification of the Korean peninsula based 
on democratic principles; 
(4) any negotiations between the United States, 
North Korea, and other concerned parties in North-
east Asia should include discussions directed toward 
ensuring the complete, verifiable, and irreversible 
dismantlement of the North Korean nuclear arms 
program, the elimination of Pyongyang’s other ille-
gal weapons of mass destruction programs, ending 
its proliferation of missiles and missile-related tech-
nologies, the adoption by North Korea of a less pro-
vocative conventional force posture, addressing the
issues underlying its appearance on the State De-
partment list of states sponsoring terrorism, and the 
establishment of a lasting peace on the Korean pe-
ninsula; 
(5) any diplomatic solution to the problems 
posed by the development of weapons of mass de-
struction, the proliferation of ballistic missiles, and 
the potential destabilization of Northeast Asia by 
North Korea should be comprehensive and also seek 
to change North Korea’s horrendous behavior on 
human rights; and 
(6) any negotiations between the United States, 
North Korea, and other concerned parties in North-
east Asia should include the human rights of North 
Korean citizens, including dialogue on religious and 
political freedoms and the North Korean prison sys-
tem, as a key concern. 
SEC. 402. SENSE OF CONGRESS REGARDING TRADE SANC-
TIONS AND ECONOMIC ASSISTANCE. 
It is the sense of Congress that—
(1) in the context of North Korean steps to re-
spond affirmatively and take appropriate action to 
address the concerns of the United States, other 
parties in Northeast Asia, and the world community, 
the United States and North Korea should engage
in trade that will mutually benefit the people of both 
nations; 
(2) the mere lifting of United States sanctions 
against North Korea, without fundamental changes 
in the North Korean economy, will not lead to mutu-
ally beneficial economic relationships between the 
United States and North Korea; 
(3) the United States should provide economic 
assistance to North Korea that will benefit the peo-
ple of North Korea, and should avoid merely estab-
lishing North Korea as a permanent recipient of for-
eign assistance; 
(4) the Government of North Korea should rec-
ognize that the path to economic renewal and 
growth lies in international markets in goods, serv-
ices, and capital, which offer opportunities for reduc-
ing costs, improving productivity, and promoting dy-
namism; 
(5) the participation in the North Korean econ-
omy of small- and medium-sized businesses from 
South Korea represents an opportunity for North 
Korea to integrate its economy with the world mar-
ket, expand trade, and attract foreign investment 
and other economic benefits; and
(6) trade sanctions related to North Korea 
should not be lifted, and economic assistance should 
not be provided to North Korea, unless such lifting 
of sanctions or provision of economic assistance is 
also accompanied by significant and transparent 
market oriented economic reforms in that country, 
including the aggressive prosecution of any North 
Koreans engaged in international criminal activities 
such as drug trafficking and counterfeiting. 
SEC. 403. CONDITIONS ON DIRECT UNITED STATES AID AND 
OTHER ASSISTANCE TO THE GOVERNMENT 
OF NORTH KOREA. 
(a) HUMANITARIAN AID.—No department, agency, or 
entity of the United States Government may provide hu-
manitarian aid to any department, agency, or entity of the 
Government of North Korea unless such United States 
Government department, agency, or entity can dem-
onstrate that the Government of North Korea has taken 
steps to ensure that—
(1) such aid is delivered, distributed, and mon-
itored according to internationally recognized hu-
manitarian standards; 
(2) such aid is provided on a needs basis, and 
is not used as a political reward or tool of coercion;
(3) such aid reaches the intended beneficiaries, 
who are informed of the source of the aid; and 
(4) humanitarian access to all vulnerable 
groups in North Korea is allowed, no matter where 
in the country they may be located. 
(b) NONHUMANITARIAN AID.—No department, agen-
cy, or entity of the United States Government may provide 
nonhumanitarian aid to any department, agency, or entity 
of the Government of North Korea unless such United 
States Government department, agency, or entity can 
demonstrate that the Government of North Korea has 
made substantial progress toward—
(1) respecting and protecting basic human 
rights, including freedom of religion, of the people of 
North Korea; 
(2) providing for significant family reunification 
between North Koreans and their descendants and 
relatives in the United States; 
(3) fully disclosing all information regarding 
citizens of Japan and the Republic of Korea kid-
napped by the Government of North Korea; 
(4) allowing such abductees, along with their 
families, complete and genuine freedom to leave 
North Korea and return to the abductees original 
home countries;
(5) significantly reforming its prison and labor 
camp system, and subjecting such reforms to inde-
pendent international monitoring; and 
(6) decriminalizing political expression and ac-
tivity. 
(c) OTHER ASSISTANCE.—It is the sense of Congress 
that significant North Korean progress on the areas of 
concern described in subsections (a) and (b) may, in the 
context of more comprehensive negotiations, serve as a 
basis for the United States to—
(1) support the opening of an embassy in 
Pyongyang, North Korea; and 
(2) support the membership of North Korea in 
multilateral development institutions. 
TITLE V—MISCELLANEOUS 
PROVISIONS 
SEC. 501. ANNUAL REPORT. 
(a) ANNUAL REPORT.—Not later than 1 year after 
the date of the enactment of this Act, and annually there-
after, the Secretary of State and the Secretary of Home-
land Security shall submit a joint report to the appropriate 
congressional committees on the operation of this Act dur-
ing the previous year. 
(b) CONTENTS.—The report submitted in accordance 
with subsection (a) shall include—
(1) the number of aliens who are natives or citi-
zens of North Korea and have been granted humani-
tarian parole under section 203, and the immigra-
tion status of such aliens before being granted hu-
manitarian parole; 
(2) the number of aliens who are natives or citi-
zens of North Korea and have been granted an ad-
justment of status under section 204, and the immi-
gration status of such aliens before being granted 
adjustment of status; 
(3) the number of aliens who are natives or citi-
zens of North Korea who were granted political asy-
lum; 
(4) the number of aliens who are natives or citi-
zens of North Korea who were granted temporary 
protected status under section 205; 
(5) the number of aliens who are natives or citi-
zens of North Korea who applied for refugee status 
and the number who were granted refugee status; 
(6) the number of orphans who are natives or 
citizens of North Korea who have been identified for 
adoption by, or are in the process of being adopted 
by, United States citizens;
(7) a description of the activities of the Weap-
ons of Mass Destruction Informant Center estab-
lished under section 207 of this Act; and 
(8) the activities of the United Nations High 
Commission for Refugees with respect to section 
210. 
SEC. 502. TASK FORCE ON NORTH KOREAN CRIMINAL 
ACTIVITIES. 
(a) ESTABLISHMENT.—The President should estab-
lish an Interagency Task Force to Monitor and Combat 
North Korean Criminal Activities (referred to in this sec-
tion as the ‘‘Task Force’’). 
(b) MEMBERSHIP.—The Task Force shall be com-
posed of—
(1) 2 senior staff members of the Department 
of Homeland Security appointed by the Secretary; 
(2) 2 senior staff members of the Department 
of State appointed by the Secretary of State; 
(3) 2 senior staff members of the Department 
of Justice appointed by the Attorney General; 
(4) 2 senior staff members of the Department 
of Defense appointed by the Secretary of Defense; 
(5) 2 senior staff members of the Department 
of Treasury appointed by the Secretary of the Treas-
ury; and
(6) 2 senior staff members of the Central Intel-
ligence Agency appointed by the Director of Central 
Intelligence. 
(c) DUTIES.—The Task Force shall coordinate the 
monitoring and prosecution of criminal activities in North 
Korea, including trafficking in narcotics, weapons, and 
persons. The Task Force shall—
(1) not later than 180 days after the date of 
the enactment of this Act, deliver to the appropriate 
congressional committees a plan for denying to the 
North Korean regime and North Korean Govern-
ment officials financial benefits from the activities of 
Division 39 and any similar or successor entities; 
(2) coordinate United States agency activities 
regarding crimes committed by North Koreans, in-
cluding by officials and entities of the Government 
of North Korea; and 
(3) coordinate United States agency cooperation 
with law enforcement, intelligence, and military serv-
ices of foreign countries with respect to crimes com-
mitted by North Koreans. 
(d) REPORT.—The Task Force shall issue an annual 
report to the appropriate congressional committees de-
scribing criminal activities conducted by North Koreans
in the previous year and the response by United States 
Government agencies.
Æ