Home > 106th Congressional Bills > H.R. 3574 (ih) To provide for the improvement of the processing of claims for veterans compensation and pension, and for other purposes. [Introduced in House] ...

H.R. 3574 (ih) To provide for the improvement of the processing of claims for veterans compensation and pension, and for other purposes. [Introduced in House] ...


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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 include in each 
        annual report on proposed refugee admission pursuant to section 
        207(d) of the Immigration and Nationality Act (8 U.S.C. 
        1157(d)), information 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 religious freedom pursuant to section 402(b) of the 
        International Religious Freedom 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 description of access of the 
        nationals or former habitual residents of that country to a 
        refugee determination on the basis of--
                    (A) referrals by external agencies to a refugee 
                adjudication;
                    (B) groups deemed to be of special humanitarian 
                concern to the United States for purposes 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 funding 
for, and use of Federal resources by, entities that are providing 
humanitarian or food aid to North Korea.
    (b) Funding to Nongovernmental Organizations.--The Director of the 
United States Agency for International Development may provide 
financial assistance, including grants, to the World Food Program and 
any United States nongovernmental organizations that are able to--
            (1) provide food aid and other humanitarian assistance 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 Congress that 
significant increases in United States humanitarian and food assistance 
for the people of North Korea should be connected to improvements in 
transparency, monitoring, and access to vulnerable populations 
throughout 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 effective ``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 languish 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 orphans; and
            (3) the Secretary of State should seek--
                    (A) to promote the circumstances necessary to allow 
                reputable adoption providers to assist Americans in 
                adopting North Korean children; and
                    (B) to encourage the North Korean Government 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 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 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 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 refugee 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 religious group, a forced-labor conscript, a victim of 
debilitating malnutrition, a person deprived of professional 
credentials 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 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 may, in the discretion of the Secretary, 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 application 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, 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 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 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 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. 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 section 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 adjustment 
        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 permanent 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 subsection shall be satisfied if--
            (1) the Secretary determines that--
                    (A) the alien is in possession of critical reliable 
                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, representative, or 
                official of the Government of North Korea, or for any 
                purpose contrary to the purposes 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 Government of North 
                Korea, or during such period acting for any purpose 
                contrary to the purposes 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 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, duties, functions, 
        or authority of the Secretary 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 immigration, 
        nationality, or naturalization.
    (d) Subsequent Removal Proceedings.--Nothing in this section shall 
be construed to prohibit the Secretary 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. 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 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 
                Trafficking 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 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.--Section 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 ``Secretary of Homeland 
                Security''; and
                    (B) by striking ``or'' at the end; and
            (2) in clause (ii)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by striking ``1956,'' and all that follows 
                through ``the alien;'' and inserting the following: 
                ``1956; or
                    ``(iii) who the Secretary of Homeland Security 
                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 destruction, delivery systems, or related 
materials and technologies if such governments or organizations are at 
risk of using or exporting such weapons; and
                            ``(II) is willing to supply or has 
                        supplied, fully and in good faith, information 
                        described in subclause (I) to appropriate 
                        persons within the United States Government;
        and, if the Secretary of Homeland Security considers it to be 
        appropriate, the spouse, married and unmarried sons and 
        daughters, and parents of an alien described in clause (i), 

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