(11) More than 2,000,000 North Koreans are 
estimated to have died of starvation since the early 
1990s because of the failure of the centralized agri-
cultural and public distribution systems operated by 
the Government of North Korea. 
(12) According to a 2002 United Nations-Euro-
pean Union survey, nearly one out of every ten chil-
dren in North Korea suffers from acute malnutrition 
and four out of every ten children in North Korea 
are chronically malnourished. 
(13) Since 1995, the United States has pro-
vided more than 2,000,000 tons of humanitarian 
food assistance to the people of North Korea, pri-
marily through the World Food Program. 
(14) Although United States food assistance 
has undoubtedly saved many North Korean lives and 
there have been minor improvements in transparency 
relating to the distribution of such assistance in 
North Korea, the Government of North Korea con-
tinues to deny the World Food Program forms of ac-
cess necessary to properly monitor the delivery of 
food aid, including the ability to conduct random site 
visits, the use of native Korean-speaking employees, 
and travel access throughout North Korea.
(15) The risk of starvation, the threat of perse-
cution, and the lack of freedom and opportunity in 
North Korea have caused many thousands, perhaps 
even hundreds of thousands, of North Koreans to 
flee their homeland, primarily into China. 
(16) North Korean women and girls, particu-
larly those who have fled into China, are at risk of 
being kidnapped, trafficked, and sexually exploited 
inside China, where many are sold as brides or con-
cubines, or forced to work as prostitutes. 
(17) The Governments of China and North 
Korea have been conducting aggressive campaigns to 
locate North Koreans who are in China without per-
mission and to forcibly return them to North Korea, 
where they routinely face torture and imprisonment, 
and sometimes execution. 
(18) Despite China’s obligations as a party to 
the 1951 United Nations Convention Relating to the 
Status of Refugees and the 1967 Protocol Relating 
to the Status of Refugees China routinely classifies 
North Koreans seeking asylum in China as mere 
‘‘economic migrants’’ and returns them to North 
Korea without regard to the serious threat of perse-
cution they face upon their return.
(19) The Government of China does not provide 
North Koreans whose asylum requests are rejected 
a right to have the rejection reviewed prior to depor-
tation despite the recommendations of the 1951 
United Nations Convention Relating to the Status of 
Refugees and the 1967 Protocol Relating to the Sta-
tus of Refugees that such a right be granted. 
(20) North Koreans who seek asylum while in 
China are routinely imprisoned and tortured, and in 
some cases killed, after they are returned to North 
Korea. 
(21) The Government of China has detained, 
convicted, and imprisoned foreign aid workers at-
tempting to assist North Korean refugees, including 
the Reverend Choi Bong Il and Mr. Kim Hee Tae, 
in proceedings that did not comply with Chinese law 
or international standards. 
(22) In January 2000, North Korean agents in-
side China allegedly abducted the Reverend Kim 
Dong-shik, a United States permanent resident and 
advocate for North Korean refugees, whose condition 
and whereabouts remain unknown. 
(23) Between 1994 and 2003, South Korea has 
admitted approximately 3,800 North Korean refu-
gees for domestic resettlement, a number small in
comparison with the total number of North Korean 
escapees, but far greater than the number legally 
admitted by any other country. 
(24) Although the principal responsibility for 
North Korean refugee resettlement naturally falls to 
the Government of South Korea, 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. 
(25) In addition to infringing the rights of its 
own citizens, the Government of North Korea has 
been responsible in years past for the abduction of 
numerous citizens of South Korea and Japan, whose 
condition and whereabouts remain unknown. 
SEC. 4. PURPOSES. 
The purposes of this Act are—
(1) to promote respect for and protection of 
fundamental human rights in North Korea; 
(2) to promote a more durable humanitarian so-
lution to the plight of North Korean refugees;
(3) to promote increased monitoring, access, 
and transparency in the provision of humanitarian 
assistance inside North Korea; 
(4) to promote the free flow of information into 
and out of North Korea; and 
(4) to promote progress toward the peaceful re-
unification of the Korean peninsula under a demo-
cratic system of government. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on International Rela-
tions of the House of Representatives; and 
(B) the Committee on Foreign Relations of 
the Senate. 
(2) CHINA.—The term ‘‘China’’ means the Peo-
ple’s Republic of China. 
(3) HUMANITARIAN
ASSISTANCE.—The term 
‘‘humanitarian assistance’’ means assistance to meet 
humanitarian needs, including needs for food, medi-
cine, medical supplies, clothing, and shelter. 
(4) NORTH KOREA.—The term ‘‘North Korea’’ 
means the Democratic People’s Republic of Korea.
(5) NORTH KOREANS.—The term ‘‘North Kore-
ans’’ means persons who are citizens or nationals of 
North Korea. 
(6) SOUTH KOREA.—The term ‘‘South Korea’’ 
means the Republic of Korea. 
TITLE 
I—PROMOTING 
THE 
HUMAN RIGHTS OF NORTH 
KOREANS 
SEC. 101. SENSE OF CONGRESS REGARDING NEGOTIATIONS 
WITH NORTH KOREA. 
It is the sense of Congress that the human rights of 
North Koreans should remain a key concern in future ne-
gotiations between the United States, North Korea, and 
other concerned parties in Northeast Asia. 
SEC. 102. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY 
PROGRAMS. 
(a) SUPPORT.—The President is authorized to pro-
vide grants to private, nonprofit organizations to support 
programs that promote human rights, democracy, rule of 
law, and the development of a market economy in North 
Korea. 
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be 
appropriated to the President $2,000,000 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. 
SEC. 103. RADIO BROADCASTING TO 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 a goal of providing 12-hour-per-day broad-
casting to North Korea, including broadcasts by Radio 
Free Asia and Voice of America. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Broadcasting Board of 
Governors shall submit to the appropriate congressional 
committees a report that—
(1) describes the status of current United 
States broadcasting to North Korea; and 
(2) outlines a plan for increasing such broad-
casts to 12 hours per day, including a detailed de-
scription of the technical and fiscal requirements 
necessary to implement the plan. 
SEC. 104. ACTIONS TO PROMOTE FREEDOM OF INFORMA-
TION. 
(a) ACTIONS.—The President is authorized to take 
such actions as may be necessary to increase the avail-
ability of information inside North Korea by increasing 
the availability of sources of information not controlled by 
the Government of North Korea, including sources such 
as radios capable of receiving broadcasting from outside 
North Korea. 
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be 
appropriated to the President $2,000,000 for each of 
the fiscal years 2005 through 2008 to carry out sub-
section (a). 
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations under 
paragraph (1) are authorized to remain available 
until expended. 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, and in each of the 3 years 
thereafter, the Secretary of State, after consultation with 
the heads of other appropriate Federal departments and 
agencies, shall submit to the appropriate congressional
committees a report, in classified form, on actions taken 
pursuant to this section. 
SEC. 105. UNITED NATIONS COMMISSION ON HUMAN 
RIGHTS. 
It is the sense of Congress that the United Nations 
has a significant role to play in promoting and improving 
human rights in North Korea, that the adoption by the 
United Nations Commission on Human Rights of Resolu-
tion 2003/10 on the situation of human rights in North 
Korea was a positive step, and that the severe human 
rights violations within North Korea warrant—
(1) an additional country-specific resolution by 
the United Nations Commission on Human Rights 
that includes the language necessary to authorize 
the appointment of a Special Rapporteur of the 
United Nations Commission on Human Rights on 
the situation of human rights in North Korea; and 
(2) country-specific attention and reporting by 
the United Nations Working Group on Arbitrary 
Detention, the Working Group on Enforced and In-
voluntary Disappearances, the Special Rapporteur 
on Extrajudicial, Summary, or Arbitrary Executions, 
the Special Rapporteur on the Right to Food, the 
Special Rapporteur on the Promotion and Protection 
of the Right to Freedom of Opinion and Expression,
the Special Rapporteur on Freedom of Religion or 
Belief, and the Special Rapporteur on Violence 
Against Women. 
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 
Secretary of State, shall submit to the appropriate con-
gressional 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 
funding; 
(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 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 nongovernmental organizations for the pur-
pose of providing humanitarian assistance to North 
Koreans inside North Korea. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that significant increases above current 
levels of United States support for humanitarian as-
sistance provided inside North Korea should be con-
ditioned 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 
appro-
priated pursuant to the authorization of appro-
priations under subparagraph (A) are author-
ized to remain available until expended. 
(b) HUMANITARIAN ASSISTANCE TO THE GOVERN-
MENT OF NORTH KOREA.—No department, agency, or en-
tity of the United States Government may provide human-
itarian assistance to any department, agency, or entity 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 taken steps to ensure 
that—
(1) such assistance is delivered, distributed, and 
monitored according to internationally recognized 
humanitarian 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 as-
sistance; 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 GOV-
ERNMENT OF NORTH KOREA.—No department, agency, 
or entity of the United States Government may provide 
nonhumanitarian assistance to any department, agency, or 
entity of the Government of North Korea unless such 
United States Government department, agency, or entity 
certifies in writing to the appropriate congressional com-
mittees 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 ab-
ducted 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 de-
termines 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 
provide 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 resettle-
ment; and 
(3) humanitarian assistance and legal assist-
ance to North Korean women outside of North 
Korea who are victims of trafficking, as defined in 
section 103(14) of the Trafficking Victims Protec-
tion 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 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 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 
cooperation with the Secretary of Homeland Security, the 
Director of Central Intelligence, and the heads of other 
appropriate Federal departments and agencies, shall sub-
mit to the appropriate congressional committees a report 
in unclassified form that describes the situation of North 
Korean refugees and explains United States Government 
policy toward North Korean refugees and defectors. 
(b) CONTENTS.—The report shall include—
(1) information on North Koreans currently 
outside of North Korea without permission (includ-
ing refugees, defectors, and migrants), such as their 
estimated 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 obligations 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 ref-
ugee 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; 
(5) 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; and 
(6) an estimate of the number of North Kore-
ans with family connections to United States citi-
zens. 
SEC. 302. 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. It is not
intended in any way to prejudice whatever rights to citi-
zenship North Koreans may enjoy under the Constitution 
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. 
SEC. 303. 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 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 ef-
fective ‘‘first asylum’’ policy, modeled on the first asylum 
policy for Vietnamese refugees, that guarantees safe haven 
and assistance to North Korean refugees, until such time 
as conditions 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 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 
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 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; 
(3) 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 assistance to displaced North Koreans in 
China; and 
(4) 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 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 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 pursu-
ant to section 204 is denied, the Secretary of Home-
land Security may, in the discretion of the Sec-
retary, parole 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 
granted to an alien described in paragraph (1), the 
Secretary of Homeland Security may, in the discre-
tion of the Secretary, extend the parole period tem-
porarily under conditions that the Secretary pre-
scribes. 
(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 of State deter-
mines 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 of Homeland Security from instituting removal pro-
ceedings 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. 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 pa-
roled 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 Security, 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 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 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 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 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 
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 of 
Homeland Security in the administration and en-
forcement of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) or any other Federal law relat-
ing to immigration, nationality, or naturalization. 
(d) SUBSEQUENT REMOVAL PROCEEDINGS.—Noth-
ing in this section shall be construed to prohibit the Sec-
retary of Homeland Security from instituting removal pro-
ceedings 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. 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 
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 of Homeland Security 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. 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 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. 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 Se-
curity shall submit a joint report to the appropriate con-
gressional 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 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 307, 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 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 Secretary of Homeland Security, for violations of reli-
gious freedom pursuant to section 402(b) of the Inter-
national Religious Freedom Act of 1998 (22 U.S.C. 
6442(b)). The report 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 
adjudication; 
(2) groups deemed to be of special humani-
tarian concern to the United States for purposes of 
refugee resettlement; and 
(3) family links to the United States.
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