Omnibus Appropriations Act, 2009
References to North Korea in the Omnibus Appropriations Act, 2009
H.R.1105: Omnibus Appropriations Act, 2009
Became Law on March 11, 2009
* $2,500,000 is available for democracy and governance programs in North Korea.
* Funds are made available for assistance for refugees from North Korea.
* Not less than $8,000,000 is made available to RFA Korea Service and VOA Korea Service for broadcasting into North Korea.
* Funds in the Economic Support Fund may not be used for energy-related assistance to the DPRK unless the Secretary of State certifies that certain conditions have been met.
Division H - Department of State, Foreign Operations and Related Programs Appropriation Act, 2009
TITLE VII, GENERAL PROVISIONS
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria:
Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.
Sec 7071 (E) (North Korea)
(e) NORTH KOREA-
(1) Funds made available under the heading `Migration and Refugee Assistance' in this Act shall be made available for assistance for refugees from North Korea.
(2) Of the funds made available under the heading `International Broadcasting Operations' in title I of this Act, not less than $8,000,000 shall be made available for broadcasts into North Korea.
(3) None of the funds made available under the heading `Economic Support Fund' in fiscal year 2009 may be made available for obligation for energy-related assistance for North Korea unless the Secretary of State determines and reports to the Committees on Appropriations that North Korea is continuing to fulfill its commitments under the Six Party Talks agreements.
Sec.7034 SPECIAL AUTHORITIES
Sec. 7034 (m) AUTHORITY. - Funds appropriated or otherwise made available by title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161) under the heading "Economic Support Fund" that are available for a competitively awarded grant for nuclear security initiatives relating to North Korea shall be made available notwithstanding any other provision of law.
Joint Explanatory Statement
The Joint Explanatory Statement (which functions as a Conference Report for this legislation and is available at http://docs.house.gov/rules/omni/jes/divhjes_111_hromni2009_jes.pdf) contains further instructions from Congress regarding the appropriation of funds:
BROADCASTING BOARD OF GOVERNORS - INTERNATIONAL BROADCASTING OPERATIONS
Sufficient funds are available in fiscal year 2009 to continue VOA and RFA Tibetan broadcasts at the fiscal year 2008 surge levels. Section 7071 (c)(3) of the bill directs not less than $8,000,000 for broadcasting into North Korea through RF A Korea Service and VOA Korea Service.
Democracy-The bill provides the following amounts for democracy and governance programs, in addition to funds otherwise made available for such purposes: $2,500,000 for Libya; $500,000 for Malaysia, to be administered by the Department of State; $2,500,000 for North Korea;. . .
Under MIGRATION AND REFUGEE ASSISTANCE
Assistance should be made available for North Korean refugees, as authorized by Public Law 108-333.