[House Report 110-628]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-628
======================================================================
NORTH KOREAN HUMAN RIGHTS REAUTHORIZATION ACT OF 2008
_______
May 13, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Berman, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
[To accompany H.R. 5834]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 5834) to amend the North Korean Human Rights Act of
2004 to promote respect for the fundamental human rights of the
people of North Korea, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 2
Summary.......................................................... 4
Background and Purpose for the Legislation....................... 5
Hearings......................................................... 7
Committee Consideration.......................................... 7
Votes of the Committee........................................... 7
Committee Oversight Findings..................................... 7
New Budget Authority and Tax Expenditures........................ 7
Congressional Budget Office Cost Estimate........................ 8
Performance Goals and Objectives................................. 10
Constitutional Authority Statement............................... 10
New Advisory Committees.......................................... 10
Congressional Accountability Act................................. 10
Earmark Identification........................................... 10
Section-by-Section Analysis and Discussion....................... 11
Changes in Existing Law Made by the Bill, as Reported............ 12
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korean Human Rights
Reauthorization Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The North Korean Human Rights Act of 2004 (Public Law
108-333; 22 U.S.C. 7801 et seq.) (in this section referred to
as ``the Act'') was the product of broad, bipartisan consensus
in Congress regarding the promotion of human rights,
transparency in the delivery of humanitarian assistance, and
refugee protection.
(2) In addition to the longstanding commitment of the United
States to refugee and human rights advocacy, the United States
is home to the largest Korean population outside of northeast
Asia, and many in the two-million strong Korean-American
community have family ties to North Korea.
(3) Human rights and humanitarian conditions inside North
Korea are deplorable, North Korean refugees remain acutely
vulnerable, and the findings in section 3 of the Act remain
accurate today.
(4) The Government of China is conducting an increasingly
aggressive campaign to locate and forcibly return border-
crossers to North Korea, where they routinely face torture and
imprisonment, and sometimes execution. According to recent
reports, the Chinese Government is shutting down Christian
churches and imprisoning people who help North Korean
defectors, and has increased the bounty paid for turning in a
North Korean refugee by a factor of sixteen, to an amount
roughly equivalent to the average annual income in China.
(5) In an attempt to deter escape attempts, the Government of
North Korea has reportedly stepped up its public execution of
border-crossers and those who help others cross into China,
including the February 20, 2008, shooting of 13 women and 2 men
in Onsung County, and the March 30, 2008, execution of three
residents in Hyesan. As is commonly the case, employees and
residents of nearby institutions, enterprises, and
neighborhoods were required to attend and observe those
killings.
(6) In spite of the requirement of the Act that the Special
Envoy on Human Rights in North Korea (the ``Special Envoy'')
report to the Congress no later than April 16, 2005, a Special
Envoy was not appointed until August 19, 2005, more than four
months after the reporting deadline.
(7) The Special Envoy appointed by the President has filled
that position on a part-time basis only.
(8) On February 21, 2006, a bipartisan group of senior
Members of the House and Senate wrote Secretary of State
Condoleezza Rice ``to express [their] deep concern for the lack
of progress in funding and implementing the key provisions of
the North Korean Human Rights Act'', particularly the lack of
North Korean refugee admissions to the United States.
(9) Although the United States refugee resettlement program
remains the largest in the world by far, the United States has
resettled only 37 North Koreans in the period from 2004 through
2007.
(10) From the end of 2004 through 2007, the Republic of Korea
resettled 5,961 North Koreans.
(11) Extensive delays in assessment and processing at
overseas posts have led numerous North Korean refugees to
abandon their quest for United States resettlement, and long
waits (of more than a year in some cases) have been the source
of considerable discouragement and frustration among refugees,
many of whom are awaiting United States resettlement in
circumstances that are unsafe and insecure.
(12) From 2000 through 2006, the United States granted asylum
to 15 North Koreans, as compared to 60 North Korean asylum
grantees in the United Kingdom, and 135 in Germany during that
same period.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should make it a priority to seek
broader permission and greater cooperation from foreign
governments to allow the United States to process North Korean
refugees overseas for resettlement in the United States,
through persistent diplomacy by senior officials of the United
States, including United States ambassadors to Asia-Pacific
nations;
(2) at the same time that careful screening of intending
refugees is important, the United States also should make every
effort to ensure that its screening, processing, and
resettlement of North Korean refugees are as efficient and
expeditious as possible;
(3) the Special Envoy for North Korean Human Rights Issues
should be a full-time position within the Department of State
in order to properly promote and coordinate North Korean human
rights, humanitarian, and refugee issues, as intended by the
North Korean Human Rights Act of 2004 (Public Law 108-333; 22
U.S.C. 7801 et seq.);
(4) in an effort to more efficiently and actively participate
in humanitarian burden-sharing, the United States should
approach our ally, the Republic of Korea, to revisit and
explore new opportunities for coordinating efforts to screen
and resettle North Koreans who have expressed a wish to pursue
resettlement in the United States and have not yet availed
themselves of any right to citizenship they may enjoy under the
Constitution of the Republic of Korea; and
(5) because there are genuine refugees among North Koreans
fleeing into China who face severe punishments upon their
forcible return, the United States should urge the Government
of China to--
(A) immediately halt its forcible repatriation of
North Koreans;
(B) fulfill its obligations pursuant to the 1951
United Nations Convention Relating to the Status of
Refugees, the 1967 Protocol Relating to the Status of
Refugees, and 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;
and
(C) allow the United Nations High Commissioner for
Refugees (UNHCR) unimpeded access to North Koreans
inside China to determine whether they are refugees and
whether they require assistance.
SEC. 4. DEFINITIONS.
Section 5(1)(A) of the North Korean Human Rights Act of 2004 (Public
Law 108-333; 22 U.S.C. 7803(1)(A)) is amended by striking
``International Relations'' and inserting ``Foreign Affairs''.
SEC. 5. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.
Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7812(b)(1)) is amended by inserting after ``2008'' the
following: ``and $4,000,000 for each of fiscal years 2009 through
2012''.
SEC. 6. RADIO BROADCASTING TO NORTH KOREA.
Not later than 120 days after the date of the enactment of this Act,
the Broadcasting Board of Governors (BBG) shall submit to the
appropriate congressional committees, as defined in section 5(1) of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report
that describes the status and content of current United States
broadcasting to North Korea and the extent to which the BBG has
achieved the goal of 12-hour-per-day broadcasting to North Korea
pursuant to section 103 of such Act (22 U.S.C. 7813).
SEC. 7. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.
Section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7814) is amended--
(1) in subsection (b)(1), by striking ``2008'' and inserting
``2012''; and
(2) in subsection (c), by striking ``in each of the 3 years
thereafter'' and inserting ``annually through 2012''.
SEC. 8. SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES.
Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7817) is amended--
(1) in the section heading, by striking ``HUMAN RIGHTS IN
NORTH KOREA'' and inserting ``NORTH KOREAN HUMAN RIGHTS
ISSUES'';
(2) in subsection (a)--
(A) in the first sentence--
(i) by striking ``human rights in North
Korea'' and inserting ``North Korean human
rights issues''; and
(ii) by inserting before the period at the
end the following: ``, by and with the advice
and consent of the Senate'';
(B) in the second sentence, by inserting before the
period at the end the following: ``who shall have the
rank of ambassador and shall hold the office at the
pleasure of the President'';
(3) in subsection (b), by inserting before the period at the
end the following: ``, including the protection of those people
who have fled as refugees'';
(4) in subsection (c)--
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following new paragraph:
``(1) coordinate the implementation of activities carried out
pursuant to this Act;''; and
(C) in paragraph (5), as so redesignated, by striking
``section 102'' and inserting ``sections 102 and 104'';
and
(5) in subsection (d), by striking ``for the subsequent 5
year-period'' and inserting ``thereafter through 2012''.
SEC. 9. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.
Section 201(a) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7831(a)) is amended, in the matter preceding paragraph (1), by
striking ``in each of the 2 years thereafter'' and inserting ``annually
thereafter through 2012''.
SEC. 10. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.
Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7833(c)(1)) is amended by striking ``2008'' and inserting
``2012''.
SEC. 11. ANNUAL REPORTS.
Section 305(a) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7845(a)) is amended--
(1) in the subsection heading, by inserting ``and Refugee''
before ``Information'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``for each of the following 5 years''
and inserting ``through 2012''; and
(B) by striking ``which shall include--'' and
inserting ``which shall include the following:'';
(3) in paragraph (1)--
(A) by striking ``the number of aliens'' and
inserting ``The number of aliens''; and
(B) by striking ``; and'' at the end and inserting a
period;
(4) in paragraph (2), by striking ``the number of aliens''
and inserting ``The number of aliens''; and
(5) by adding at the end the following new paragraphs:
``(3) The number of aliens who are nationals or citizens of
North Korea who contacted United States personnel overseas and
expressed an interest in pursuing resettlement in the United
States, irrespective of whether such aliens pursued the
resettlement process to its conclusion.
``(4) A detailed description of the measures undertaken by
the Secretary of State to carry out section 303, including
country-specific information with respect to United States
efforts to secure the cooperation and permission of the
governments of countries in East and Southeast Asia to
facilitate United States processing of North Koreans seeking
protection as refugees. The information required under this
paragraph may be provided in a classified format, if
necessary.''.
Summary
H.R. 5834, the North Korean Human Rights Reauthorization
Act of 2008 (the ``Reauthorization Act''), is intended to
reauthorize and improve the implementation of the North Korean
Human Rights Act of 2004 (Public Law 108-333; hereinafter the
``2004 Act''), strongly bipartisan legislation that was enacted
to promote human rights, refugee protection, and increased
transparency in the provision of humanitarian assistance for
the people of North Korea.
In addition to extending key authorities and reporting
requirements of the North Korean Human Rights Act through 2012,
the bipartisan Reauthorization Act strengthens and clarifies
the role of the Special Envoy on North Korean Human Rights
Issues and presses the United States to more credibly implement
the refugee-related provisions of the 2004 Act.
Background and Purpose for the Legislation
As noted in section 2 of the bill: ``Human rights and
humanitarian conditions inside North Korea are deplorable,
North Korean refugees remain acutely vulnerable, and the
findings in section 3 of the [2004] Act remain accurate
today.'' Just as the new bill incorporates by reference the
extensive findings of the 2004 Act, the detailed discussion of
the purpose, background, and need for that original Act in the
2004 Committee Report (House Report 108-478) remains an
instructive description of the pressing needs motivating this
reauthorizing legislation.
The human rights situation inside North Korea is
abominable. As underscored most recently in ``A Prison Without
Bars,'' the March 2008 report by the U.S. Commission on
International Religious Freedom, ``human rights conditions in
North Korea remain among the worlds most oppressive, as the
testimony of interviewees confirms.'' That oppression is most
apparent in North Korea's vast gulag, which holds an estimated
200,000 prisoners in camps that the North Korean State Security
Agency manages through the use of forced labor, beatings, and
executions, and in which countless prisoners also die from
disease, starvation, and exposure.
The humanitarian situation inside North Korea also remains
dire. Recent reports by nongovernmental organizations provide
alarming indications of a nascent food crisis that could
potentially approach the severity of the North Korean famine of
the mid-to-late 1990s, which is estimated to have killed
between 1 million and 3 million people. At the same time that
Congress supports the provision of humanitarian assistance to
the people of North Korea on humanitarian grounds (per section
202(a) of the 2004 Act), the dramatic rise in global food
prices and demand for international food aid have only
increased the need for improved transparency and accountability
in the delivery of any food assistance inside North Korea,
given the acute, competing needs elsewhere in the world.
The North Korean refugee situation also remains severe.
North Koreans who have fled into China are extraordinarily
vulnerable. Women and girls are frequently victims of
trafficking and brutalization, and all border-crossers are
subject to forced repatriation by China to North Korea, where
they routinely face prison, torture, and sometimes execution.
In a presumed attempt to ``clean up'' the North Korean refugee
problem in advance of the Beijing Olympics, Chinese authorities
have reportedly increased the bounties they pay for turning in
North Korean border-crossers by 1,600 percent, to an amount
roughly equivalent to the average annual income in China. For
its part, North Korea has been seeking to deter escape attempts
by stepping up its execution of border-crossers (and those who
help people cross) at public gatherings where attendance by the
surrounding populace, including children, is obligatory. At one
such public spectacle on February 20, 2008 in Onsung County,
North Korean officials reportedly shot 13 women dead in front
of the assembled community.
Executive Branch implementation of the refugee provisions
of the 2004 Act has been too slow and too weak. On February 21,
2006, a bipartisan group of 9 senior House Members and
Senators--including the then-Chairman and Ranking Member of the
Committee on International Relations and the Chairman and
Ranking Member of the Subcommittee on Asia and the Pacific--
wrote the Secretary of State ``to express our deep concern for
the lack of progress in funding and implementing the key
provisions of the North Korean Human Rights Act.'' Foremost
among their concerns, they noted that, ``despite the fact that
the Act calls for the Department of State to facilitate the
submission of North Korean refugee applications, not one North
Korean has been offered asylum or refugee status in the 16
months since the unanimous passage of the legislation.'' The
first North Korean refugees did not arrive in the United States
until 3 months later, in May 2006.
North Koreans who have requested resettlement in the United
States as refugees have also faced extended delays, in some
cases longer than 2 years, while residing in circumstances that
are frequently unsafe, unhealthy, and insecure. Delays
sometimes continue even after the refugees have passed U.S.
assessment and security screening, due to foot-dragging in the
issuance of exit visas by the governments of the countries
where they are located. These delays have been the source of
considerable discouragement, frustration, and anxiety among
North Korean refugees. Just last month a group of North Koreans
awaiting U.S. resettlement in Thailand reportedly conducted a
hunger strike in an attempt to obtain information about the
status of their cases.
In the intervening 3\1/2\ years since the 2004 Act became
law, the United States has resettled fewer than 50 North Korean
refugees. This does not constitute the ``credible number of
North Korean refugees [to be accepted] for domestic
resettlement'' contemplated by House Report 108-478.
During that same time frame, the United States, which has
the largest refugee resettlement program in the world by far,
has resettled approximately 150,000 other refugees from around
the world. The United States is also home to the largest ethnic
Korean community outside of the Korean peninsular region, and
many of the 2-million-strong Korean-American community have
family ties to North Korea. During the same period, South Korea
has resettled approximately 6,000 North Koreans.
Remedying this situation will require more persistent U.S.
diplomacy at more senior levels. At present, the number of
foreign governments who allow the United States to process
North Koreans in their countries for resettlement is extremely
limited. Having a greater number of countries in which the
United States can screen and process North Korean refugees for
domestic resettlement will reduce the burdens that such
cooperation may pose to each individual country. The United
States must make it clear that this is a humanitarian and
foreign policy priority, and demonstrate a willingness to use
the refugee assistance funds (authorized in section 203 of the
2004 Act and section 10 of the Reauthorization Act) to help
mitigate the costs that such cooperation might impose on
countries that agree to allow U.S. resettlement processing.
To further the purposes of the 2004 Act, it is also
important to clarify and strengthen the role of the Special
Envoy. Regrettably, the President did not appoint a Special
Envoy for North Korean Human Rights Issues until August 19,
2005, more than 4 months after the Special Envoy was required
to report to Congress under the 2004 Act. The Special Envoy
appointed by the President has filled that position on a part-
time basis only, and has continued to live and pursue a career
outside of Washington, D.C. Looking ahead to the possibility of
a Special Envoy who may not enjoy the same preexisting rapport
with and access to the President, it is important to ensure
that any successor has adequate stature and presence within the
Department of State. An active presence at Main State is
necessary to ensure that the concerns at the heart of the
Special Envoy's mandate are adequately represented in the
decision-making processes of the State Department's regional
and functional bureaus, especially the Bureau of East Asian and
Pacific Affairs (EAP) and the Bureau of Population, Refugees,
and Migration (PRM).
Hearings
In addition to other, general briefings and hearings on
North Korea, the Committee's Subcommittee on Asia, the Pacific,
and the Global Environment held a hearing entitled, ``North
Korean Human Rights: An Update,'' on Thursday, March 1, 2007,
at which testimony was received from the Honorable Jay
Lefkowitz, Special Envoy for Human Rights in North Korea.
Committee Consideration
On April 30, 2008, the Committee met in open session and
ordered favorably reported the bill H.R. 5834 with an amendment
by unanimous consent, a quorum being present.
Votes of the Committee
There were no recorded votes during consideration of H.R.
5834.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
In compliance with Clause 3(c)(2) of House Rule XIII, the
Committee adopts as its own the estimate of new budget
authority, entitlement authority, or tax expenditures or
revenues contained in the cost estimate prepared by the
Director of the Congressional Budget Office, pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 12, 2008.
Hon. Howard L. Berman, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5834, the North
Korean Human Rights Reauthorization Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jennifer
Reynolds, who can be reached at 226-2850.
Sincerely,
Peter R. Orszag.
Enclosure
cc:
Honorable Ileana Ros-Lehtinen
Ranking Member
H.R. 5834--North Korean Human Rights Reauthorization Act of 2008.
SUMMARY
H.R. 5834 would reauthorize the North Korean Human Rights
Act of 2004 (Public Law 108-333) through 2012. The bill would
authorize the appropriation of $26 million a year over the
2009-2012 period for the purpose of providing assistance to
North Koreans either directly or through grants to
organizations providing such services.
CBO estimates that implementing H.R. 5834 would cost $97
million over the 2009-2013 period, assuming appropriation of
the authorized amounts. Enacting the bill would have no effect
on direct spending or revenues.
H.R. 5834 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 5834 is shown in the
following table. The costs of this legislation fall within
budget function 150 (international affairs).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Human Rights and Democracy 4 4 4 4 0 16
Programs
Authorization Level
Estimated Outlays * 1 2 3 3 9
Actions to Promote Freedom of 2 2 2 2 0 8
Information
Authorization Level
Estimated Outlays 2 2 2 2 * 8
Assistance Provided Outside of 20 20 20 20 0 80
North Korea
Authorization Level
Estimated Outlays 15 20 20 20 5 80
Total Changes 26 26 26 26 0 104
Authorization Level
Estimated Outlays 17 23 24 25 8 97
----------------------------------------------------------------------------------------------------------------
Note: *=less than $500,000.
BASIS OF ESTIMATE
H.R. 5834 would authorize the appropriation of $26 million
a year over the 2009-2012 period to support human rights and
democracy programs, to promote freedom of information, and to
provide humanitarian assistance to North Koreans who have left
North Korea. The bill does not specify which federal programs
would receive those funds. Based on information from the Office
of Management and Budget, CBO estimates that the United States
will provide about $84 million in foreign assistance to the
people of North Korea in 2008. That funding covers energy-
related assistance, nonproliferation activities, broadcasting,
and programs to promote human rights and democracy. (In
addition, a classified amount was provided for migration and
refugee assistance.)
For this estimate, CBO assumes that assistance for human
rights and democracy would be provided through grants from the
Democracy Fund, that assistance for information activities
would primarily include radio broadcasting, and that
humanitarian assistance to North Koreans outside of North Korea
would be provided in the form of migration and refugee
assistance. CBO also assumes that this legislation will be
enacted before the end of fiscal year 2008, that the authorized
amounts will be appropriated near the start of each fiscal
year, and that outlays will follow historical spending patterns
for existing and similar programs.
Human Rights and Democracy Programs
Section 5 would authorize the appropriation of $4 million a
year over the 2009-2012 period for humanitarian assistance to
North Koreans living inside North Korea and to provide grants
to private, nonprofit organizations to promote human rights,
democracy, rule of law, and the development of a market economy
in North Korea. CBO estimates that implementing this provision
would cost $9 million over the 2009-2013 period, assuming
appropriation of the authorized amounts.
Actions to Promote Freedom of Information
Section 7 would authorize the appropriation of $2 million a
year over the 2009-2012 period to provide uncensored
information within North Korea. Assuming appropriation of the
specified amount for each year, implementing this provision
would cost $8 million over the 2009-2013 period.
Assistance Provided Outside of North Korea
Section 10 would authorize the appropriation of $20 million
a year over the 2009-2012 period for humanitarian assistance to
North Koreans who have left North Korea. CBO estimates that
implementing section 10 would cost $80 million over the 2009-
2013 period, assuming appropriation of the authorized amounts.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 5834 contains no intergovernmental or private-sector
mandates as defined in UMRA and would not affect the budgets of
state, local, or tribal governments.
ESTIMATE PREPARED BY:
Federal Costs: Jennifer Reynolds (226-2850)
Impact on State, Local, and Tribal Governments: Neil Hood (225-
3220)
Impact on the Private Sector: Jacob Kuipers (226-2940)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Assistant Director for Budget Analysis
Performance Goals and Objectives
H.R. 5834 reauthorizes and improves the implementation of
the North Korean Human Rights Act of 2004 (Public Law 108-333).
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8 of the Constitution.
New Advisory Committees
H.R. 5834 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 5834 does not apply to the legislative branch.
Earmark Identification
H.R. 5834 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis and Discussion
Sec. 1. Short Title--States that the Act may be cited as
the ``North Korean Human Rights Reauthorization Act of 2008.''
Sec. 2. Findings--Contains findings describing human rights
and refugee situations, the crackdown on refugees and border
crossers in China and North Korea, and the lackluster U.S.
implementation of the 2004 Act, particularly with regard to the
resettlement of North Korean refugees.
Sec. 3. Sense of Congress--Expresses the sense of Congress
regarding: the need for greater U.S. diplomacy to secure
permission from more countries to allow us to process North
Koreans for U.S. resettlement; the need for efficient and
expeditious screening and processing of North Korean refugees
for U.S. resettlement; the intent that the Special Envoy
position be a full-time position in the Department of State;
the importance of exploring with South Korea new opportunities
for coordinating efforts to screen and resettle North Koreans;
and the need for the United States to urge China to halt its
forced repatriation of North Koreans, fulfill its obligations
under the UN Refugee Convention, and allow the UN High
Commissioner for Refugees unobstructed access to North Koreans
inside China.
Sec. 5. Support for Human Rights and Democracy Programs--
Extends and increases the authority under the 2004 Act to
appropriate funds to provide grants to support programs that
promote human rights, democracy, rule of law, and the
development of a market economy in North Korea, to $4 million
in each of the Fiscal Years 2009 through 2012 (compared to $2
million per year through Fiscal Year 2008 in the 2004 Act).
Sec. 6. Radio Broadcasting to North Korea--Requires the
Broadcasting Board of Governors to report to Congress on the
status and content of U.S. broadcasting to North Korea and
progress toward the 12-hour-per-day broadcasting goal set out
in section 103 of the 2004 Act.
Sec. 7. Actions to Promote Freedom of Information--Extends
through Fiscal Year 2012 the authority to appropriate $2
million per year for activities to increase the availability of
information inside North Korea that is not controlled by the
North Korean regime, and the requirement to provide a
classified, annual report to Congress on those activities.
Sec. 8. Special Envoy on North Korean Human Rights Issues--
Clarifies the role and stature of the Special Envoy position
by: (1) modifying the latter portion of the Special Envoy's
title (from ``Human Rights in North Korea'' to ``North Korean
Human Rights Issues'') to reflect the fact that the Special
Envoy's role also pertains to the human rights of North Koreans
who are outside of North Korea; (2) making it an ambassadorial
rank position; (3) adding the protection of North Korean
refugees to the Special Envoy's listed objectives; (4) adding a
general reference to the coordination of activities under the
2004 Act to the list of the Special Envoy's responsibilities;
and (5) extending the Special Envoy's annual report to congress
through Fiscal Year 2012.
Sec. 9. Report on United States Humanitarian Assistance--
Extends through 2012 USAID's annual report to Congress on U.S.
Humanitarian assistance to North Koreans and efforts to improve
transparency and monitoring in the provision of such assistance
inside North Korea.
Sec. 10. Assistance Provided Outside of North Korea--
Extends through Fiscal Year 2012 the authority under the 2004
Act to appropriate $20 million per year to provide humanitarian
assistance to North Koreans outside of North Korea, including
refugees, defectors, migrants, and trafficking victims.
Sec. 11. Annual Reports--Extends through 2012 the annual
report on North Korean applications for U.S. refugee status or
asylum required by section 305(a) of the 2004 Act, and adds two
new requirements:
The first addition requires the report to include the total
number of North Koreans who have contacted U.S. personnel
overseas to express an interest in pursuing resettlement in the
United States, irrespective of whether they follow the
resettlement process to its conclusion. Since passage of the
2004 Act, extended delays in U.S. processing and resettlement
have reportedly led a number of intending North Korean refugees
to abandon their U.S. resettlement requests. Inclusion of this
information will give the Congress a fuller understanding of
the level of interest in U.S. resettlement among North Korean
migrants and a better basis upon which to judge the magnitude
and causes of attrition in the U.S. resettlement process.
Because the accuracy of this information will depend on
recording and reporting by those personnel who have initial
contact with North Koreans, the State Department will need to
provide guidance directing its personnel overseas to begin
keeping such records.
The second addition requires the report to include (in
classified format, if necessary) a detailed description of the
measures taken by the State Department to facilitate the
submission of refugee applications by North Koreans (as
required by section 303 of the 2004 Act). This description must
include detailed, country-specific information on United States
efforts to secure the cooperation and permission of each
government in East and Southeast Asia to facilitate U.S.
processing of North Korean refugees for resettlement. Taken
together with the Congressional call for ``persistent diplomacy
by senior officials of the United States'' in section 3, this
requirement embodies a strong Congressional directive to seek
permission to process intending North Korean refugees in a
greater number of Asian countries, in a far more serious and
sustained way than has occurred to date.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NORTH KOREAN HUMAN RIGHTS ACT OF 2004
* * * * * * *
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on [International
Relations] Foreign Affairs of the House of
Representatives; and
* * * * * * *
TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS
* * * * * * *
SEC. 102. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.
(a) * * *
(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 and $4,000,000 for
each of fiscal years 2009 through 2012 to carry out
this section.
* * * * * * *
SEC. 104. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.
(a) * * *
(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] 2012 to carry out
subsection (a).
* * * * * * *
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, and [in each of the 3 years thereafter]
annually through 2012, 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. 107. SPECIAL ENVOY ON [HUMAN RIGHTS IN NORTH KOREA] NORTH KOREAN
HUMAN RIGHTS ISSUES.
(a) Special Envoy.--The President shall appoint a special
envoy for [human rights in North Korea] North Korean human
rights issues within the Department of State (hereafter in this
section referred to as the ``Special Envoy''), by and with the
advice and consent of the Senate. The Special Envoy should be a
person of recognized distinction in the field of human rights
who shall have the rank of ambassador and shall hold the office
at the pleasure of the President.
(b) Central Objective.--The central objective of the Special
Envoy is to coordinate and promote efforts to improve respect
for the fundamental human rights of the people of North Korea,
including the protection of those people who have fled as
refugees.
(c) Duties and Responsibilities.--The Special Envoy shall--
(1) coordinate the implementation of activities
carried out pursuant to this Act;
[(1)] (2) engage in discussions with North Korean
officials regarding human rights;
[(2)] (3) support international efforts to promote
human rights and political freedoms in North Korea,
including coordination and dialogue between the United
States and the United Nations, the European Union,
North Korea, and the other countries in Northeast Asia;
[(3)] (4) consult with non-governmental organizations
who have attempted to address human rights in North
Korea;
[(4)] (5) make recommendations regarding the funding
of activities authorized in [section 102] sections 102
and 104;
[(5)] (6) review strategies for improving protection
of human rights in North Korea, including technical
training and exchange programs; and
[(6)] (7) develop an action plan for supporting
implementation of the United Nations Commission on
Human Rights Resolution 2004/13.
(d) Report on Activities.--Not later than 180 days after the
date of the enactment of this Act, and annually [for the
subsequent 5 year-period] thereafter through 2012, the Special
Envoy shall submit to the appropriate congressional committees
a report on the activities undertaken in the preceding 12
months under subsection (c).
TITLE II--ASSISTING NORTH KOREANS IN NEED
SEC. 201. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and [in each of the 2 years thereafter]
annually thereafter through 2012, the Administrator of the
United States Agency for International Development, in
conjunction with the Secretary of State, shall submit to the
appropriate congressional committees a report that describes--
(1) * * *
* * * * * * *
SEC. 203. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--
(1) In general.--In addition to funds otherwise
available for such purposes, there are authorized to be
appropriated to the President $20,000,000 for each of
the fiscal years 2005 through [2008] 2012 to carry out
this section.
* * * * * * *
TITLE III--PROTECTING NORTH KOREAN REFUGEES
* * * * * * *
SEC. 305. ANNUAL REPORTS.
(a) Immigration and Refugee 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] through
2012, the Secretary of State and the Secretary of Homeland
Security shall submit a joint report to the appropriate
congressional committees and the Committees on the Judiciary of
the House of Representatives and the Senate on the operation of
this title during the previous year, [which shall include--]
which shall include the following:
(1) [the number of aliens] The number of aliens who
are nationals or citizens of North Korea who applied
for political asylum and the number who were granted
political asylum[; and].
(2) [the number of aliens] The number of aliens who
are nationals or citizens of North Korea who applied
for refugee status and the number who were granted
refugee status.
(3) The number of aliens who are nationals or
citizens of North Korea who contacted United States
personnel overseas and expressed an interest in
pursuing resettlement in the United States,
irrespective of whether such aliens pursued the
resettlement process to its conclusion.
(4) A detailed description of the measures undertaken
by the Secretary of State to carry out section 303,
including country-specific information with respect to
United States efforts to secure the cooperation and
permission of the governments of countries in East and
Southeast Asia to facilitate United States processing
of North Koreans seeking protection as refugees. The
information required under this paragraph may be
provided in a classified format, if necessary.
* * * * * * *