TITLE II—ASSISTING NORTH 
KOREANS IN NEED 
SEC. 201. REPORT ON UNITED STATES HUMANITARIAN AS-
SISTANCE. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, and in each of the 2 years 
thereafter, the Administrator of the United States Agency 
for International Development, in conjunction with the Sec-
retary of State, shall submit to the appropriate congres-
sional committees a report that describes—
(1) all activities to provide humanitarian assist-
ance inside North Korea, and to North Koreans out-
side of North Korea, that receive United States fund-
ing; 
(2) any improvements in humanitarian trans-
parency, monitoring, and access inside North Korea 
during the previous 1-year period, including progress 
toward meeting the conditions identified in para-
graphs (1) through (4) of section 202(b); and 
(3) specific efforts to secure improved humani-
tarian transparency, monitoring, and access inside 
North Korea made by the United States and United
States grantees, including the World Food Program, 
during the previous 1-year period.
(b) FORM.—The information required by subsection 
(a)(1) may be provided in classified form if necessary. 
SEC. 202. ASSISTANCE PROVIDED INSIDE NORTH KOREA. 
(a) HUMANITARIAN
ASSISTANCE
THROUGH
NON-
GOVERNMENTAL AND INTERNATIONAL ORGANIZATIONS.—
(1) ASSISTANCE.—The President is authorized to 
provide assistance, including in the form of grants, to 
the World Food Program and to United States non-
governmental organizations for the purpose of pro-
viding humanitarian assistance to North Koreans in-
side North Korea. 
(2) SENSE
OF
CONGRESS.—It is the sense of 
Congress that significant increases above current lev-
els of United States support for humanitarian assist-
ance provided inside North Korea should be condi-
tioned upon substantial improvements in trans-
parency, monitoring, and access to vulnerable popu-
lations throughout North Korea, and that significant 
improvements in those areas therefore would be re-
quired to justify appropriation and obligation of the 
full amounts authorized to be appropriated by this 
subsection. 
(3) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—There are authorized to 
be appropriated to the President not less than
$100,000,000 for each of the fiscal years 2005 
through 2008 to carry out this subsection. 
(B) AVAILABILITY.—Amounts appropriated 
pursuant to the authorization of appropriations 
under subparagraph (A) are authorized to re-
main available until expended. 
(b) HUMANITARIAN ASSISTANCE TO THE GOVERNMENT 
OF NORTH KOREA.—No department, agency, or entity of 
the United States Government may provide humanitarian 
assistance to any department, agency, or entity of the Gov-
ernment of North Korea unless such United States Govern-
ment department, agency, or entity certifies in writing to 
the appropriate congressional committees that the Govern-
ment of North Korea has taken steps to ensure that—
(1) such assistance is delivered, distributed, and 
monitored according to internationally recognized hu-
manitarian standards; 
(2) such assistance is provided on a needs basis, 
and is not used as a political reward or tool of coer-
cion; 
(3) such assistance reaches the intended bene-
ficiaries, who are informed of the source of the assist-
ance; and
(4) humanitarian access to all vulnerable groups 
in North Korea is allowed, no matter where in the 
country they may be located. 
(c) NONHUMANITARIAN ASSISTANCE TO THE GOVERN-
MENT OF NORTH KOREA.—No department, agency, or enti-
ty of the United States Government may provide non-
humanitarian assistance to any department, agency, or en-
tity of the Government of North Korea unless such United 
States Government department, agency, or entity certifies 
in writing to the appropriate congressional committees 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 rel-
atives in the United States; 
(3) fully disclosing all information regarding 
citizens of Japan and the Republic of Korea abducted 
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. 
(d) WAIVER.—The President may waive the prohibi-
tion contained in subsection (b) or (c) if the President deter-
mines that it is in the national security interest of the 
United States to do so. Prior to exercising the waiver au-
thority contained in the preceding sentence, the President 
shall transmit to the appropriate congressional committees 
a report that contains the determination of the President 
pursuant to the preceding sentence and a description of the 
assistance to be provided. 
SEC. 203. ASSISTANCE PROVIDED OUTSIDE OF NORTH 
KOREA. 
(a) ASSISTANCE.—The President is authorized to pro-
vide assistance to support organizations or persons that 
provide humanitarian assistance or legal assistance to 
North Koreans who are outside of North Korea without the 
permission of the Government of North Korea. 
(b) TYPES
OF
ASSISTANCE.—Assistance provided 
under subsection (a) should be used to provide—
(1) humanitarian assistance to North Korean 
refugees, defectors, migrants, and orphans outside of
North Korea, which may include support for refugee 
camps or temporary settlements; 
(2) legal assistance to North Koreans who are 
seeking to apply for refugee status, asylum, parole, or 
other similar forms of protection and resettlement; 
and 
(3) humanitarian assistance and legal assistance 
to North Korean women outside of North Korea who 
are victims of trafficking, as defined in section 
103(14) of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102(14)), or are in danger of being 
trafficked. 
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to funds otherwise 
available for such purposes, there are authorized to be 
appropriated to the President $20,000,000 for each of 
the fiscal years 2005 through 2008 to carry out this 
section. 
(2) AVAILABILITY.—Amounts appropriated pur-
suant to subsection (a) are authorized to remain 
available until expended.
TITLE III—PROTECTING NORTH 
KOREAN REFUGEES 
SEC. 301. UNITED STATES POLICY TOWARD REFUGEES AND 
DEFECTORS. 
(a) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of State, in co-
operation with the Secretary of Homeland Security, the Di-
rector of Central Intelligence, and the heads of other appro-
priate Federal departments and agencies, shall submit to 
the appropriate congressional committees a report in un-
classified form that describes the situation of North Korean 
refugees and explains United States Government policy to-
ward North Korean refugees and defectors. 
(b) CONTENTS.—The report shall include—
(1) information on North Koreans currently out-
side of North Korea without permission (including 
refugees, defectors, and migrants), such as their esti-
mated numbers and the countries and regions in 
which they are currently residing; 
(2) an assessment of the circumstances facing 
North Korean refugees and migrants in hiding, par-
ticularly in China, and of the circumstances they face 
when forcibly returned to North Korea; 
(3) an assessment of whether North Koreans in 
China have effective access to personnel of the United
Nations High Commissioner for Refugees, and of 
whether the Government of China is fulfilling its obli-
gations under the 1951 Convention Relating to the 
Status of Refugees, particularly Articles 31, 32, and 
33 of such Convention; 
(4) an assessment of whether North Koreans 
presently have effective access to United States refugee 
and asylum processing, and of United States policy 
toward North Koreans who may present themselves at 
United States embassies or consulates and request 
protection as refugees or asylum seekers and resettle-
ment in the United States; 
(5) the total number of North Koreans who have 
been admitted into the United States as refugees or 
asylees in each of the past five years; and 
(6) an estimate of the number of North Koreans 
with family connections to United States citizens. 
SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSID-
ERATION. 
(a) PURPOSE.—The purpose of this section is to ensure 
that North Koreans are not barred from eligibility for ref-
ugee status or asylum in the United States on account of 
any legal right to citizenship they may enjoy under the 
Constitution of the Republic of Korea. It is not intended 
in any way to prejudice whatever rights to citizenship
North Koreans may enjoy under the Constitution of the Re-
public of Korea. 
(b) TREATMENT OF NATIONALS OF NORTH KOREA.—
For purposes of eligibility for refugee status under section 
207 of the Immigration and Nationality Act (8 U.S.C. 
1157), or for asylum under section 208 of such Act (8 
U.S.C. 1158), a national of the Democratic People’s Repub-
lic of Korea shall not be considered a national of the Repub-
lic of Korea. 
SEC. 303. REFUGEE STATUS. 
The Secretary of State shall designate natives or citi-
zens of North Korea who apply for refugee status under sec-
tion 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 profes-
sional credentials or subjected to other disproportionately 
harsh or discriminatory treatment resulting from their per-
ceived or actual political or religious beliefs or activities, 
or others who appear to have a credible claim of other perse-
cution, as a Priority 2 group of special concern for purposes 
of refugee resettlement. 
SEC. 304. PURSUIT OF FIRST ASYLUM POLICY. 
It is the sense of Congress that the United States should 
pursue an international agreement to adopt an effective
‘‘first asylum’’ policy, modeled on the first asylum policy 
for Vietnamese refugees, that guarantees safe haven and as-
sistance to North Korean refugees, until such time as condi-
tions in North Korea allow for their return. 
SEC. 305. UNITED NATIONS HIGH COMMISSIONER FOR REF-
UGEES. 
(a) ACTIONS IN CHINA.—It is the sense of Congress 
that—
(1) the Government of China has obligated itself 
to provide the United Nations High Commissioner for 
Refugees (UNHCR) with unimpeded access to North 
Koreans inside its borders to enable the UNHCR to 
determine whether they are refugees and whether they 
require assistance, pursuant to the 1951 United Na-
tions Convention Relating to the Status of Refugees, 
the 1967 Protocol Relating to the Status of Refugees, 
and Article III, paragraph 5 of the 1995 Agreement 
on the Upgrading of the UNHCR Mission in the Peo-
ple’s Republic of China to UNHCR Branch Office in 
the People’s Republic of China (referred to in this sec-
tion as the ‘‘UNHCR Mission Agreement’’); 
(2) the United States and other UNHCR donor 
governments should persistently and at the highest 
levels urge the Government of China to abide by its
previous commitments to allow UNHCR unimpeded 
access to North Korean refugees inside China; 
(3) the UNHCR, in order to effectively carry out 
its mandate to protect refugees, should liberally em-
ploy as professionals or Experts on Mission persons 
with significant experience in humanitarian assist-
ance work among displaced North Koreans in China; 
(4) the UNHCR, in order to effectively carry out 
its mandate to protect refugees, should liberally con-
tract with appropriate nongovernmental organiza-
tions that have a proven record of providing humani-
tarian assistance to displaced North Koreans in 
China; and 
(5) should the Government of China begin ac-
tively fulfilling its obligations toward North Korean 
refugees, all countries, including the United States, 
and relevant international organizations should in-
crease levels of humanitarian assistance provided in-
side China to help defray costs associated with the 
North Korean refugee presence. 
(b) ARBITRATION PROCEEDINGS.—It is further the 
sense of Congress that—
(1) if the Government of China continues to 
refuse to provide the UNHCR with access to North 
Koreans within its borders, the UNHCR should ini-
tiate arbitration proceedings pursuant to Article XVI 
of the UNHCR Mission Agreement and appoint an 
arbitrator for the UNHCR; and 
(2) because access to refugees is essential to the 
UNHCR mandate and to the purpose of a UNHCR 
branch office, a failure to assert those arbitration 
rights in present circumstances would constitute a 
significant abdication by the UNHCR of one of its 
core responsibilities. 
SEC. 306. HUMANITARIAN PAROLE. 
(a) 
PREREQUISITES
FOR
ELIGIBILITY.—Because 
North Korean refugees do not enjoy regular, unimpeded, 
and effective access to the United States refugee program—
(1) for purposes of section 212(d)(5)(A) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(d)(5)(A)), the parole of any alien who is a 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 con-
sidered to be for compelling reasons in the public in-
terest 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 con-
strued to prohibit the Secretary of Homeland Security from 
establishing conditions for parole under section 212(d)(5) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)), or from denying parole to such aliens who are 
otherwise ineligible for parole. 
(d) LENGTH OF PAROLE.—
(1) 
IN
GENERAL.—Notwithstanding 
section 
212(d)(5) of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(5)), if parole is granted to an alien 
who is a native or citizen of North Korea pursuant 
to subsection (a), the parole shall be effective until the
final resolution of any application for adjustment of 
status made pursuant to section 204 of this Act. 
(2) DENIAL OF ADJUSTMENT OF STATUS.—If an 
application for adjustment of status made pursuant 
to section 204 is denied, the Secretary of Homeland 
Security may, in the discretion of the Secretary, pa-
role the alien described in paragraph (1) pursuant to 
section 212(d)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)). 
(3) EXTENSION OF PAROLE PERIOD.—If no ap-
plication for adjustment of status is made pursuant 
to section 204 within 18 months after parole is grant-
ed to an alien described in paragraph (1), the Sec-
retary of Homeland Security may, in the discretion 
of the Secretary, extend the parole period temporarily 
under conditions that the Secretary prescribes. 
(4) NO
GRANT
OF
PAROLE.—If parole is not 
granted to an alien described in paragraph (2), the 
alien shall be treated pursuant to section 212(d)(5) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) as if the purposes of the alien’s parole 
have been served. 
(5) TERMINATION OF PAROLE.—Notwithstanding 
any other provision of this section, the parole period
of an alien described in paragraph (1) shall termi-
nate when the Secretary of State determines that—
(A) the human rights record of North Korea, 
according to the Country Report on Human 
Rights Practices issued by the Department of 
State, Bureau of Democracy, Human Rights, 
and Labor, is satisfactory; and 
(B) North Korea is no longer on the list of 
nations designated as State sponsors of terrorism 
by the Secretary of State. 
(e) SUBSEQUENT REMOVAL PROCEEDINGS.—Nothing 
in this section shall be construed to prohibit the Secretary 
of Homeland Security from instituting removal proceedings 
against an alien paroled into the United States under this 
section for—
(1) conduct committed after the parole of the 
alien into the United States; or 
(2) conduct or a condition that was not disclosed 
to the Secretary prior to the parole of the alien into 
the United States. 
SEC. 307. NORTH KOREAN STATUS ADJUSTMENT. 
(a) STATUS ADJUSTMENT.—Notwithstanding section 
245(c) of the Immigration and Nationality Act (8 U.S.C. 
1255(c)), 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 of Homeland Se-
curity, 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 of Homeland Security deter-
mines that the alien has complied with the require-
ments of subsection (b). 
(b) REQUIRED COOPERATION WITH
THE UNITED 
STATES GOVERNMENT.—The requirements of this sub-
section shall be satisfied if—
(1) the Secretary of Homeland Security deter-
mines that—
(A) the alien is in possession of critical reli-
able information concerning the activities of the 
Government of North Korea or its agents, rep-
resentatives, or officials, and the alien has co-
operated or is currently cooperating, fully and in 
good faith, with appropriate persons within the
United States Government regarding such infor-
mation; 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 of Homeland Security deter-
mines 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 application for 
adjustment of status is filed or in process, an 
agent, representative, or official of the Govern-
ment of North Korea, or during such period act-
ing for any purpose contrary to the purposes of 
this Act or for any unlawful purpose; and 
(C) in the judgment of the Secretary of 
Homeland Security, is not likely to become an 
agent, representative, or official of the Govern-
ment of North Korea, or act for any purpose con-
trary to the purposes of this Act or for any un-
lawful purpose. 
(c) EFFECT
ON
IMMIGRATION
AND
NATIONALITY 
ACT.—
(1) DEFINITIONS.—The definitions in subsections 
(a) and (b) of section 101 of the Immigration and 
Nationality Act (8 U.S.C. 1101) shall apply to this 
section. 
(2) APPLICABILITY.—Nothing in this section 
shall be construed to repeal or restrict the powers, du-
ties, functions, or authority of the Secretary of Home-
land Security in the administration and enforcement 
of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) or any other Federal law relating to im-
migration, nationality, or naturalization. 
(d) SUBSEQUENT REMOVAL PROCEEDINGS.—Nothing 
in this section shall be construed to prohibit the Secretary 
of Homeland Security from instituting removal proceedings 
against an alien whose status was adjusted under subsection 
(a) for—
(1) conduct committed after such adjustment of 
status; or 
(2) conduct or a condition that was not disclosed 
to the Secretary prior to such adjustment of status.
SEC. 308. 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 tem-
porary 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 of Homeland Security determines that—
(A) the human rights and trafficking 
records of North Korea, according to the Country 
Report on Human Rights Practices issued by the 
United States Department of State, Bureau of 
Democracy, Human Rights, and Labor, and the 
country report on trafficking issued by the Traf-
ficking in Persons Office of the Department of 
State, are satisfactory; and 
(B) North Korea is no longer on the list of 
nations designated as state sponsors of terrorism 
by the United States Department of State.
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the United States should use its diplomatic means to 
promote the institution of measures similar to humani-
tarian parole or the form of temporary protected status 
granted under subsection (a), in countries that neighbor 
North Korea. 
SEC. 309. RIGHT TO ACCEPT EMPLOYMENT. 
Section 208(d)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(d)(2)) is amended—
(1) by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary of Homeland Security’’; and 
(2) by adding at the end the following: ‘‘In the 
case of an applicant who is a citizen or native of 
North Korea, the Secretary of Homeland Security 
shall issue regulations under which such applicant 
shall be entitled to employment authorization, and 
such applicant shall not be subject to the 180-day 
limitation described in the previous sentence.’’. 
SEC. 310. ANNUAL REPORTS. 
(a) IMMIGRATION INFORMATION.—Not later than 1 
year after the date of the enactment of this Act, and every 
12 months thereafter for each of the following 5 years, the 
Secretary of State and the Secretary of Homeland Security 
shall submit a joint report to the appropriate congressional
committees on the operation of this title during the previous 
year, which 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 306, and the immigration 
status of such aliens before being granted humani-
tarian parole; 
(2) the number of aliens who are natives or citi-
zens of North Korea and have been granted an adjust-
ment of status under section 307, and the immigra-
tion status of such aliens before being granted adjust-
ment 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 pro-
tected status under section 308; and 
(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. 
(b) COUNTRIES
OF
PARTICULAR
CONCERN.—The 
President shall include in each annual report on proposed 
refugee admission pursuant to section 207(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1157(d)), informa-
tion about specific measures taken to facilitate access to the 
United States refugee program for individuals who have 
fled countries of particular concern, as defined by the Sec-
retary of Homeland Security, for violations of religious 
freedom pursuant to section 402(b) of the International Re-
ligious Freedom Act of 1998 (22 U.S.C. 6442(b)). The re-
port shall include, for each country of particular concern, 
a description of access of the nationals or former habitual 
residents of that country to a refugee determination on the 
basis of—
(1) referrals by external agencies to a refugee ad-
judication; 
(2) groups deemed to be of special humanitarian 
concern to the United States for purposes of refugee 
resettlement; and 
(3) family links to the United States.