North Korean Human Rights Reauthorization Act of 2008
PL 110-346 (H.R.5834), enacted 10/07/2008

122 STAT. 3939 
PUBLIC LAW 110–346—OCT. 7, 2008 
Public Law 110–346 
110th Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘North Korean 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, trans-
parency 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 Chris-
tian churches and imprisoning people who help North Korean 
defectors and has increased the bounty paid for turning in 
North Korean refugees. 
(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. 
(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. 
22 USC 7801 
note. 
22 USC 7801 
note. 
North Korean 
Human 
Rights 
Reauthorization 
Act of 2008. 
Oct. 7, 2008 
[H.R. 5834] 
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122 STAT. 3940 
PUBLIC LAW 110–346—OCT. 7, 2008 
(8) Since the passage of the North Korean Human Rights 
Act, Congress has on several occasions expressed interest in 
the status of North Korean refugees, and 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 pro-
gram 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 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 continue to 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 and humanitarian issues, and to partici-
pate in policy planning and implementation with respect to 
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 resettle-
ment in the United States and have not yet availed themselves 
of any right to citizenship they may enjoy under the Constitu-
tion of the Republic of Korea; and 
22 USC 7801 
note. 
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122 STAT. 3941 
PUBLIC LAW 110–346—OCT. 7, 2008 
(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 Govern-
ment 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 $2,000,000 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 
Deadline. 
Reports. 
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122 STAT. 3942 
PUBLIC LAW 110–346—OCT. 7, 2008 
(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, in coordination with the 
Bureau of Population, Refugees, and Migration, 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 redesig-
nated, the following new paragraph: 
‘‘(1) participate in the formulation and 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 paragraph: 
‘‘(3) 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 govern-
ments of countries in East and Southeast Asia to facilitate 
United States processing of North Koreans seeking protection 
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122 STAT. 3943 
PUBLIC LAW 110–346—OCT. 7, 2008 
LEGISLATIVE HISTORY—H.R. 5834: 
HOUSE REPORTS: No. 110–628 (Comm. on Foreign Affairs). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
May 13, 15, considered and passed House. 
Sept. 22, considered and passed Senate, amended. 
Sept. 23, House concurred in Senate amendments. 
as refugees. The information required under this paragraph 
shall be provided in unclassified form, with a classified annex, 
if necessary.’’. 
Approved October 7, 2008. 
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