Although the Obama Administration has indicated that it will seek to continue the nuclear negotiations, it has not indicated how the issue of human rights will be addressed. The passage of the North Korean Human Rights Act of 2004 ( H.R. 4011 ; P.L. 110 - 346 ) serve as the most prominent examples of legislative action on these issues. The reauthorization bill explicitly criticizes the implementation of the original law and reasserts Congressional interest in adopting human rights as a major priority in U.S. policy toward North Korea. The Role of Human Rights in U.S. Policy Toward North Korea under the Bush Administration

In the first several years of the Bush Administration, high-level officials, including the President and Secretary of State, publicly and forcefully criticized the regime in Pyongyang for its human rights practices. The legislation
authorized up to $20 million for each of the fiscal years 2005-2008 for assistance to North Korean refugees, $2 million for promoting human rights and democracy in North Korea and $2 million to promote freedom of information inside North Korea; asserted that North Koreans are eligible for U.S. refugee status and instructs the State Department to facilitate the submission of applications by North Koreans seeking protection as refugees; and required the President to appoint a Special Envoy to promote human rights in North Korea. Changes in South Korea's Approach?
As the incoming Obama Administration conducts a review of U.S. policy toward North Korea, addressing the issue of human rights and refugees remains a priority for many members of Congress. The passage of the reauthorization of the North Korean Human Rights Act in October 2008 (P.L. 110-346) reasserted congressional interest in influencing executive branch policy toward North Korea. In addition to reauthorizing funding at original levels, the bill expresses congressional criticism of the implementation of the original 2004 law and adjusts some of the provisions relating to the Special Envoy on Human Rights in North Korea and the U.S. resettlement of North Korean refugees. Some outside analysts have pointed to the challenges of highlighting North Korea's human rights violations in the midst of the ongoing nuclear negotiations, as well as the difficulty in effectively reaching North Korean refugees as outlined in the law. Further, the law may complicate coordination on North Korea with China and South Korea. At this point, it remains unclear what focus the Obama Administration will place on human rights and refugees as it takes over the nuclear negotiations. For more information, please see CRS Report RL34189, North Korean Refugees in China and Human Rights Issues: International Response and U.S. Policy Options, coordinated by [author name scrubbed].