If you can stomach some appropriations law this evening, there are a few items in this year’s Appropriations Bill that should be of interest to the OFK readership. As of this hour, both the House and the Senate have passed the bill, and the President is expected to sign it on Saturday.
Those of us who were early (and naive) enthusiasts for the North Korean Human Rights Act of 2004 have grown gray and cynical over the last decade, as we watched the State Department repeal it by disinterpretation. Few executive branch officials would disregard Congress’s limits on appropriations so casually. To do so would violate the Anti-Deficiency Act, which in extreme cases, carries criminal penalties. Even unintentional violations require onerous reporting to OMB and Congress, and can cost senior officials their jobs.
Congress’s most important authority over federal executive agencies is the power of the purse. By limiting or restricting appropriations, Congress can force federal agencies to bend to its will. That’s why appropriations and authorization acts are such important tools of congressional oversight. There are some provisions in this year’s appropriations bill that show us hints that the House in particular is growing more assertive on North Korea policy.
Several of the provisions in this year’s Act are limits designed to prevent tax dollars from falling into Kim Jong Un’s hands. Provisions like these are common in appropriations bills, although most of them weren’t in State’s Fiscal Year 2013 appropriation.
SEC. 8042. None of the funds appropriated or other wise made available in this Act may be obligated or expended for assistance to the Democratic People’s Republic of Korea unless specifically appropriated for that purpose. [Page 273]
The Fiscal Year 2013 Appropriations Act contains similar language. Everything else you’re about to see wasn’t in last year’s appropriation. For example:
SEC. 7007. 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. [Page 1203]
The titles referred to are within Division K of the Act, the State Department’s annual appropriation. Title II is called “United States Agency for International Development, Title III is “Bilateral Economic Assistance,” Title IV is “International Security assistance,” Title V is “Multilateral Assistance,” and Title VI is “Export and Investment Assistance.”
If you dig into the specific provisions of those titles, however, you’ll see only the most general correlation between the actual provisions and what the titles lead you to expect there. That means if you want to know how a specific provision affects a specific program, you have to know what appropriation the program is funded from.
Next, Curtis and I are about to get some competition from the government.
SEC. 7032(i) Funds appropriated by this Act under the heading ‘‘Democracy Fund’’ that are made available to DRL shall be made available to establish and maintain a database of prisons and gulags in North Korea, including a list of political prisoners, and such database shall be regularly updated and made publicly available on the Internet, as appropriate. [Page 1252]
You will see a similar provision in H.R. 1771, the North Korea Sanctions Enforcement Act.
Congress is increasing funds for broadcasting to North Korea, which is also provided for in H.R. 1771. For years, the Broadcasting Board of Governors has suffered from a severe lack of funding. For years, Congressman Ed Royce made it a personal priority to fix that. With respect to North Korea, the drought is about to break. This is a much-needed boost for broadcasting as we learn that the BBC (this time, I mean the British one) will not fund broadcasts to North Korea.
SEC. 7043(d) NORTH KOREA.—
(1) Of the funds made available under the heading ‘‘International Broadcasting Operations’’ in title I of this Act, not less than $8,938,000 shall made available for broadcasts into North Korea.
(2) Funds appropriated by this Act under the heading ‘‘Migration and Refugee Assistance’’ shall be made available for assistance for refugees from North Korea, including for protection activities in the People’s Republic of China.
(3) None of the funds made available by this Act under the heading ‘‘Economic Support Fund’’ may be made available for assistance for the government of North Korea. [Page 1312]
The broadcasting appropriation is significant. The amount appropriated is infinitesimal in terms of the federal budget as a whole, but generous with regard to the Board’s needs. The migration assistance could remove an excuse for China to shun refugees who cross the border, but don’t count on it persuading China’s policy to change. It’s unlikely to be used unless there’s some severe crisis in North Korea.
The last provision I’ll mention is one that doesn’t mention North Korea by name, but could affect assistance to it.
(a) LETHAL MILITARY EQUIPMENT EXPORTS.—
(1) None of the funds appropriated or otherwise made available by titles III through VI of this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided, That the prohibition under this section with respect to a foreign government shall terminate months after that government ceases to provide such military equipment: Provided further, That this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.
Section 7022 contains an “important to the national interest” exception, within the President’s discretion. Section 6(j) of the Export Administration Act is a reference to the list of state sponsors of terrorism. North Korea is not listed, but Iran and Syria — both major arms clients of North Korea — are.
The question then becomes what aid really is being provided to North Korea. Certainly North Korea hasn’t accepted U.S. food aid for years. That was Kim Jong Il’s decision, not President Obama’s. With respect to any miscellaneous aid or exchange programs that are getting taxpayer support, and that are funded under Title III or Title IV appropriations, their funding is done for this year. Of course, Section 8042 arguably terminates all assistance to the North Korean government, although I can imagine how a program could be structured to pay the money to some gullible NGO, which would be an easy mark for the North Koreans.
Ordinarily, appropriations acts aren’t supposed to make positive law. That’s why ad hoc appropriations are a good start, but won’t be a substitute for H.R. 1771. On the other hand, without the backing of an assertive Congress that knows how to use the power of the purse, State will ignore H.R. 1771, too.
Ed Royce’s leadership of the Foreign Affairs Committee is starting to leave its mark on North Korea policy. An important part of that leadership is Royce’s ability to work effectively with tough-minded Democrats like Elliot Engel, Albio Sires, Ted Deutch, and Tulsi Gabbard, as well as with leading Republicans like Chris Smith and Steve Chabot (who leads the Asia Subcommittee).