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(2) humanitarian 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 traf-
ficked. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to funds other-
wise available for such purposes, there are author-
ized 
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 the authorization of appropriations under 
paragraph (1) 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 
consultation with the heads of other appropriate Federal 
departments and agencies, shall submit to the appropriate 
congressional committees and the Committees on the Ju-
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diciary of the House of Representatives and the Senate 
a report that describes the situation of North Korean refu-
gees and explains United States Government policy toward 
North Korean nationals outside of North Korea. 
(b) CONTENTS.—The report shall include— 
(1) an assessment of the circumstances facing 
North Korean refugees and migrants in hiding, par-
ticularly in China, and of the circumstances they 
face if forcibly returned to North Korea; 
(2) 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 obligations under the 1951 Convention Relating 
to the Status of Refugees, particularly Articles 31, 
32, and 33 of such Convention; 
(3) an assessment of whether North Koreans 
presently have unobstructed 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 resettlement in the United States;
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(4) the total number of North Koreans who 
have been admitted into the United States as refu-
gees or asylees in each of the past five years; 
(5) an estimate of the number of North Kore-
ans with family connections to United States citi-
zens; and 
(6) a description of the measures that the Sec-
retary of State is taking to carry out section 303. 
(c) FORM.—The information required by paragraphs 
(1) through (5) of subsection (b) shall be provided in un-
classified form. All or part of the information required by 
subsection (b)(6) may be provided in classified form, if 
necessary. 
SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSID-
ERATION. 
(a) PURPOSE.—The purpose of this section is to clar-
ify that North Koreans are not barred from eligibility for 
refugee 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 
Republic of Korea, or to apply to former North Korean 
nationals who have availed themselves of those rights.
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(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. 
SEC. 303. FACILITATING SUBMISSION OF APPLICATIONS 
FOR ADMISSION AS A REFUGEE. 
The Secretary of State shall undertake to facilitate 
the submission of applications under section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) by citi-
zens of North Korea seeking protection as refugees (as 
defined in section 101(a)(42) of such Act (8 U.S.C. 
1101(a)(42)). 
SEC. 304. 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 Commis-
sioner for Refugees (UNHCR) with unimpeded ac-
cess to North Koreans inside its borders to enable 
the UNHCR to determine whether they are refugees 
and whether they require assistance, pursuant to the
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1951 United Nations 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 People’s Republic of China 
to UNHCR Branch Office in the People’s Republic 
of China (referred to in this section as the 
‘‘UNHCR Mission Agreement’’); 
(2) the United States, other UNHCR donor 
governments, and UNHCR should persistently and 
at the highest levels continue to urge the Govern-
ment of China to abide by its previous commitments 
to allow UNHCR unimpeded access to North Ko-
rean refugees inside China; 
(3) 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 as-
sistance work among displaced North Koreans in 
China; 
(4) 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-
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manitarian assistance to displaced North Koreans in 
China; 
(5) the UNHCR should pursue a multilateral 
agreement to adopt an effective ‘‘first asylum’’ pol-
icy that guarantees safe haven and assistance to 
North Korean refugees; and 
(6) 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