[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.

           *       *       *       *       *       *       *


                                  
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