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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        (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 
inserting the following: ``The number of aliens who may be provided 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 paragraph (4);
            (3) by inserting after paragraph (2) the following:
    ``(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 section; and
            ``(B) the provision of such information has substantially 
        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 permanent 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 paragraph (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 Destruction 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 Destruction Informant 
        Center recommends the approval of visa requests for 
        nonimmigrants described in section 101(a)(15)(S)(iii), act in 
        coordination with the Director of the Bureau of Citizenship and 
        Immigration Services and other appropriate government agencies 
        to facilitate the issuance of such visas, including additional 
        visas as are considered to be appropriate for the spouse, 
        married or unmarried sons and daughters, and parents of the 
        alien whose request was granted;
            (4) facilitate the cooperation of aliens who receive 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 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. 209. REFUGEE STATUS.

    The Secretary of State shall designate natives or citizens 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 resulting from their perceived or actual 
political or religious beliefs or activities, or others who appear to 
have a credible 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 COMMISSIONER FOR 
              REFUGEES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United Nations High Commissioner for Refugees 
        (UNHCR) should monitor the situation of North Korean refugees 
        in China and provide assistance 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 prohibit such access 
        by unilaterally declaring North Koreans 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 persons 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 organizations that have a proven 
        record of providing humanitarian 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 borders, the UNHCR should initiate arbitration 
proceedings pursuant to Article XVI of the UNHCR Mission Agreement and 
appoint an arbitrator for the UNHCR.

SEC. 211. FUNDING FOR HUMAN RIGHTS ORGANIZATIONS.

    (a) Grants to Entities That Assist North Korean 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 attempting to 
                        escape from North Korea or from agents of North 
                        Korea outside that country; or
                            (ii) establish or operate camps or 
                        resettlement centers for North Korean refugees; 
                        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 subsection shall, not later than 1 
        year after the date the grant is awarded, submit a report to 
        the Director regarding the activities of, and use of funds 
        awarded through such grant by, such person or entity during the 
        previous year. Notwithstanding any other provision 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 Administrator of the 
        United States Agency for International Development may make 
        grants to nongovernmental organizations that--
                    (A) provide assistance to North Korean orphans in 
                any country; and
                    (B) can demonstrate--
                            (i) a successful record of providing 
                        assistance 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 duration.
            (3) Reporting requirements.--Each nongovernmental 
        organization awarded a grant pursuant 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 Resettlement and Admissions for 
North Korean Refugees.--
            (1) In general.--The Secretary of State may make grants to 
        nongovernmental, nonprofit organizations 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 nongovernmental 
        organization awarded a grant pursuant 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 CONSIDERATION.

    (a) Purpose.--The purpose of this section is to ensure 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. This Act is not 
intended in any way to prejudice whatever rights to citizenship 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 People's 
Republic of Korea shall not be considered a national of the Republic of 
Korea.

          TITLE III--ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY

SEC. 301. BROADCASTING INTO NORTH KOREA.

    (a) Sense of Congress.--It is the sense of Congress 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 Governors shall submit to the appropriate congressional 
committees 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 Government, 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 Congress 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 humanitarian contingency resulting from the collapse of the 
economic 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 Proliferation 
        Security Initiative and the Illicit Activities Initiative;
            (2) taken significant and public actions to promote 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 Government, 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 Korean 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 
        Government, its officials, or affiliated entities.

SEC. 304. FUNDING FOR ENTITIES THAT PROMOTE DEMOCRACY, 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 
organizations for the purpose of promoting and supporting programs 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 

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