II 109th CONGRESS 2d Session S. 4052 IN THE SENATE OF THE UNITED STATES November 15, 2006 Mr. Frist introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize refugee relief and reconstruction assistance for North Korea.

1.

Short title

This Act may be cited as the North Korea Refugee Relief and Reconstruction Act of 2006.

2.

Purpose

The purpose of this Act is to help the people of North Korea gain freedom from political oppression.

3.

North Korea refugee relief and reconstruction fund

(a)

Establishment

There is established in the Treasury of the United States a fund to be known as the North Korea Refugee Relief and Reconstruction Fund (in this Act referred to as the Fund), consisting of such amounts as may be appropriated to the Fund pursuant to subsection (b) and such articles and services as may be made available to the Fund pursuant to subsection (c). The resources of the Fund shall be available to carry out the programs and activities identified in section 4. (b)

Authorization of appropriations

There are authorized to be appropriated for contributions to the Fund such sums as may be necessary, not to exceed $10,000,000,000. Amounts appropriated for the Fund shall remain available until expended. (c)

Drawdown authority

(1)

In General

The President may, pursuant to section 506(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)), draw down articles and services from the inventory and resources of any agency of the United States Government for the Fund to carry out the programs and activities identified in section 4. (2)

Authority to acquire by contract or otherwise

The assistance authorized under paragraph (1) may include the supply of articles and services that are acquired by contract or otherwise. (3)

Amount of assistance

(A)

Limit

The aggregate value of assistance provided under this subsection, as defined under section 644(m) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(m)), may not exceed $1,000,000,000. (B)

Assistance not counted toward special authority limit

Assistance provided under this subsection shall not count toward any limitation under section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318). (4)

Reimbursement

(A)

In General

Articles and services provided under this subsection shall be made available to the Fund without reimbursement to the applicable appropriation, fund, or account except to the extent that funds are appropriated pursuant to subparagraph (B). (B)

Authorization of appropriations

(i)

In general

There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value of articles and services provided under this subsection, as defined under section 644(m) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(m)). (ii)

Offset

The maximum amount authorized to be appropriated for the Fund under subsection (b) shall be reduced by an amount equal to the aggregate value of the articles and services made available under paragraph (1).

4.

Programs and activities of the Fund

(a)

Refugee relief, relocation and resettlement assistance

The President may use amounts in the Fund to provide relief to refugees that have escaped from North Korea, to relocate such refugees to South Korea or other countries prepared to accept them, and to assist in the resettlement of such refugees in any country willing to accept their resettlement. These activities may be carried out pursuant to the authorities provided in the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.). (b)

Reunification and reconstruction assistance

The President may use amounts in the Fund to provide for the benefit of persons living in the territory of North Korea the types of assistance authorized for the Independent States of the former Soviet Union under section 498 of the Foreign Assistance Act of 1961 (22 U.S.C. 2295) and for the countries of the South Caucasus and Central Asia under sections 499A, 499B, 499C, and 499D of such Act (22 U.S.C. 2296a, 2296b, 2296c, and 2296d) in the event of— (1)the reunification of North Korea with South Korea; or (2)the emergence in North Korea of a new national government committed to respect for human rights, nonproliferation, and peaceful relations with the United States and the other countries of the region.

5.

Sense of Congress on international efforts

It is the sense of Congress that the Governments of South Korea, Japan, China, and Russia and other concerned governments should make commitments commensurate to those that the United States is offering under this Act— (1)to assist refugees fleeing political oppression in North Korea; and (2)to meet humanitarian and reconstruction needs arising in connection with— (A)the reunification of North Korea with South Korea; or (B)the emergence in North Korea of a new national government committed to respect for human rights, nonproliferation, and peaceful relations with the United States and the other countries in the region.