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S. 1904 (is) To amend the Internal Revenue Code of 1986 to provide for an election for special tax treatment of certain S corporation conversions. [Introduced in Senate] ...


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108th CONGRESS
  1st Session
                                S. 1903

To promote human rights, democracy, and development in North Korea, to 
 promote overall security on the Korean Peninsula and establish a more 
          peaceful world environment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2003

Mr. Brownback (for himself and Mr. Bayh) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To promote human rights, democracy, and development in North Korea, to 
 promote overall security on the Korean Peninsula and establish a more 
          peaceful world environment, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Korean Freedom Act of 2003''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Purposes.
Sec. 5. Definitions.
         TITLE I--PROTECTING THE HUMAN RIGHTS OF NORTH KOREANS

Sec. 101. Reports.
Sec. 102. Reports by the United Nations.
Sec. 103. Sense of Congress regarding religious persecution in North 
                            Korea.
Sec. 104. Humanitarian and food assistance to North Koreans.
           TITLE II--ACTIONS TO PROTECT NORTH KOREAN REFUGEES

Sec. 201. Pursuit of first asylum policy.
Sec. 202. Adoption of North Korean children by Americans.
Sec. 203. Humanitarian parole.
Sec. 204. North Korean status adjustment.
Sec. 205. Temporary protected status.
Sec. 206. S visa.
Sec. 207. Weapons of Mass Destruction Informant Center.
Sec. 208. Right to accept employment.
Sec. 209. Funding for the United Nations High Commissioner for 
                            Refugees.
Sec. 210. Funding for human rights organizations.
          TITLE III--ACTIONS TO PROMOTE NORTH KOREAN DEMOCRACY

Sec. 301. Radio broadcasting into North Korea.
Sec. 302. Distribution of radios to North Koreans.
Sec. 303. Sense of Congress regarding United States financial 
                            assistance designed to address conditions 
                            created by the economic and political 
                            system of North Korea.
Sec. 304. Funding for entities that promote programs for democracy, 
                            good governance, and the rule of law.
Sec. 305. Funding for entities that promote market economies.
                TITLE IV--NEGOTIATIONS WITH NORTH KOREA

Sec. 401. Sense of Congress regarding negotiations with North Korea.
Sec. 402. Sense of Congress regarding trade sanctions and economic 
                            assistance.
Sec. 403. Conditions for United States aid and other assistance.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Annual report.
Sec. 502. Task force on North Korean criminal activities.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) The economies of North Korea and South Korea are 
        dramatically different. The 2002 per capita gross domestic 
        product of North Korea is estimated at $1,000; in South Korea 
        it is estimated at $19,400. North Korea's 2002 gross domestic 
        product real growth rate is estimated at 1 percent, while South 
        Korea's is estimated at 5.8 percent. North Korea's 2002 exports 
        are estimated at $915,000,000, while South Korea's are 
        estimated at $162,000,000,000.
            (2) The health of the North Korean people as a whole is 
        significantly worse than the health of the people of South 
        Korea. The estimated infant mortality rate in 2002 in North 
        Korea is 22.8 deaths per 1,000 live births, while in South 
        Korea it is 7.6 deaths per 1,000 live births. The estimated 
        life expectancy for babies born in 2002 is 3.5 years longer in 
        South Korea than it is in North Korea.
            (3) Nearly 1 North Korean child in 10 suffers from acute 
        malnutrition, and 4 out of every 10 children are chronically 
        malnourished, according to a United Nations-European Union 
        survey in 2002.
            (4) The differences in the economic performance of North 
        Korea and South Korea and the health of the people living in 
        those countries cannot be accounted for by differences in land 
        area or natural resources.
            (5) The people of the Korean peninsula are unjustly divided 
        into 2 different countries, one of which offers its citizens 
        freedom, prosperity, and hope for the future, and one of which 
        oppresses its people and threatens them with imprisonment, 
        starvation, and death.
            (6) The people of South Korea are able to exercise their 
        basic rights, and in doing so have impressively created and 
        sustained a peaceful, just, and prosperous society since the 
        end of the Korean conflict in 1953. The people of South Korea 
        have maintained and are continually improving upon this 
        success.
            (7) The people of North Korea deserve the same rights, 
        freedom, and prosperity enjoyed by their relatives in South 
        Korea, but the current Government of North Korea has denied 
        them those rights by--
                    (A) forbidding the exercise of free speech and 
                religion;
                    (B) imprisoning citizens and their families in a 
                system of prison and labor camps for exercising basic 
                rights;
                    (C) mismanaging the economy and food production, 
                with the result that millions of people are threatened 
                with starvation;
                    (D) dismantling the national food system, with the 
                result that the customary rules and arrangements by 
                which people exchange labor for food are no longer in 
                operation; and
                    (E) forbidding nearly all contact with the outside 
                world.
            (8) Many persons wish to flee North Korea but cannot do so 
        because of the threat of arrest, imprisonment, and execution in 
        North Korea and the threat of repatriation to North Korea if 
        they are discovered in another country.
            (9) North Koreans, including agents of the North Korean 
        Government, have engaged in various criminal activities, 
        including international trafficking in narcotics, arms, and 
        persons.
            (10) The North Korean Government has oppressed its people 
        by imprisoning, executing, or starving people for such crimes 
        as ``ideological divergence,'' ``opposing socialism,'' and 
        other ``counterrevolutionary crimes.'' An estimated 200,000 
        people are imprisoned in North Korea for political reasons.
            (11) The North Korean people are denied their right to 
        self-determination by the dictatorship of Kim Jong Il.
            (12) Estimates of the number of North Korean refugees 
        living in China range from 100,000 to 300,000 people.
            (13) As many as 3,500,000 North Koreans have died from 
        hunger or famine-related disease since 1994.
            (14) South Korea accepted fewer than 3,000 North Korean 
        refugees for resettlement in South Korea between 1953 and 2002.
            (15) Fewer than 100 North Koreans were granted public 
        interest parole into the United States in each of 1998 and 
        1999.
            (16) Korean unification under a peaceful, politically free, 
        market-oriented system could contribute to political stability 
        and economic prosperity in northeast Asia and beyond.
            (17) United States and world security, which is threatened 
        by the production and export of weapons of mass destruction and 
        related delivery systems, materials, and technologies by North 
        Korea, will best be advanced by the establishment of freedom, 
        democracy, and rights for the North Korean people.

SEC. 4. PURPOSES.

    The purposes of this Act are--
            (1) to declare that it is the policy of the United States--
                    (A) to end the development, sale, and transfer of 
                weapons of mass destruction and related delivery 
                systems, materials, and technologies in and from the 
                Korean peninsula;
                    (B) to assist in the reunification of the Korean 
                peninsula under a democratic system of government; and
                    (C) to achieve respect for and protection of human 
                rights in North Korea in accordance with United Nations 
                conventions; and
            (2) to take and encourage steps to implement this policy.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``Appropriate congressional committees'' means 
        the Committee on Foreign Relations and the Select Committee on 
        Intelligence of the Senate and the Committee on International 
        Relations and the Permanent Select Committee on Intelligence of 
        the House of Representatives.
            (2) The term ``China'' means the People's Republic of 
        China.
            (3) The term ``North Korea'' means the Democratic People's 
        Republic of Korea.
            (4) The term ``North Koreans'' means persons who are 
        natives or citizens of North Korea.
            (5) The term ``political offenses'' means crimes that are 
        designed to prevent free speech, free exercise of religion, 
        opposition to the government, free travel and movement, or 
        other similar offenses.
            (6) The term ``Secretary'' means the Secretary of Homeland 
        Security.

         TITLE I--PROTECTING THE HUMAN RIGHTS OF NORTH KOREANS

SEC. 101. REPORTS.

    (a) Prison and Labor Camps.--
            (1) Classified report.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary of State, in 
        cooperation with the Central Intelligence Agency and other 
        United States intelligence agencies, shall submit to the 
        appropriate congressional committees a report in classified 
        form on the North Korean prison and labor camp system. The 
        report shall particularly focus on any prisons or labor camps 
        that are used to house persons for political offenses. The 
        report shall include information on--
                    (A) offenses for which prisoners are sent to 
                prison;
                    (B) torture;
                    (C) forced labor;
                    (D) medical experimentation;
                    (E) indoctrination and reeducation;
                    (F) executions; and
                    (G) the adequacy or inadequacy of food, water, and 
                sanitation.
            (2) Unclassified report.--No later than 30 days after the 
        date on which the report is submitted pursuant to paragraph 
        (1), the President, in consultation with the appropriate 
        congressional committees, shall submit to Congress an 
        unclassified version of the report. The report shall include 
        unclassified satellite photography of any prisons and labor 
        camps described in the report.
    (b) Defectors.--
            (1) Classified report.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary of State, in 
        cooperation with the Central Intelligence Agency and other 
        United States intelligence agencies, shall submit to the 
        appropriate congressional committees a classified report 
        describing all United States Government policies toward North 
        Korean defectors and explaining the reasons for those policies.
            (2) Unclassified report.--Not later than 30 days after the 
        date on which the report is submitted pursuant to paragraph 
        (1), the President, in consultation with the appropriate 
        congressional committees, shall submit to Congress an 
        unclassified version of the report. The report shall include 
        information on--
                    (A) the number of North Korean defectors who have 
                been identified;
                    (B) the countries or regions to which these 
                defectors have fled;
                    (C) the estimated total number of North Korean 
                defectors; and
                    (D) the reasons why the Department of State has 
                never identified North Koreans, particularly high level 
                defectors, as a Priority 2 group of special concern, as 
                defined by the Secretary of State, for expedited 
                consideration in the United States refugee program.

SEC. 102. THE UNITED NATIONS.

    (a) In General.--It is the sense of Congress that the people of the 
United States believe that the United Nations has a significant role to 
play in promoting and improving human rights in North Korea, and United 
States confidence in the United Nations will be enhanced if the United 
Nations deals aggressively with the issue of human rights in North 
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 

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