USC Subchapter I

USC Subchapter I
in effect

22 U.S.C. § 7811 Sense of Congress regarding negotiations with North Korea

It is the sense of Congress that the human rights of North Koreans should remain a key element in future negotiations between the United States, North Korea, and other concerned parties in Northeast Asia.

22 U.S.C. § 7812 Support for human rights and democracy programs

(a) SupportThe President is authorized to provide grants to private, nonprofit organizations to support programs that promote human rights, democracy, rule of law, and the development of a market economy in North Korea. Such programs may include appropriate educational and cultural exchange programs with North Korean participants, to the extent not otherwise prohibited by law. The President is also authorized to provide grants to entities to undertake research on North Korea’s denial of human rights, including on the political and military chains of command responsible for authorizing and implementing systemic human rights abuses, including at prison camps and detention facilities where political prisoners are held. (b) Authorization of appropriations(1) In generalThere are authorized to be appropriated to the President $2,000,000 for each of the fiscal years 2005 through 2008 and $2,000,000 for each of fiscal years 2009 through 2022 to carry out this section. (2) AvailabilityAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

22 U.S.C. § 7813 Radio broadcasting to North Korea

(a) Sense of CongressIt is the sense of Congress that the United States should—(1) facilitate the unhindered dissemination of information in North Korea by increasing its support for broadcasting, including news rebroadcasting, to North Korea, and that the Broadcasting Board of Governors should increase such broadcasts, including news rebroadcasts, to North Korea from current levels, with a goal of providing 12-hour-per-day broadcasting to North Korea, including broadcasts by Radio Free Asia and Voice of America; and (2) expand funding for nongovernmental organization broadcasting efforts, prioritizing organizations that engage North Korean defectors in programming and broadcast services. (b) ReportNot later than 120 days after October 18, 2004, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report that—(1) describes the status of current United States broadcasting to North Korea; and (2) outlines a plan for increasing such broadcasts to 12 hours per day, including a detailed description of the technical and fiscal requirements necessary to implement the plan.

22 U.S.C. § 7814 Actions to promote freedom of information

(a) Actions(1) In generalThe President is authorized to take such actions as may be necessary to increase the availability of information inside North Korea by increasing the availability of sources of information not controlled by the Government of North Korea, including sources such as radios capable of receiving broadcasting from outside North Korea, USB drives, micro SD cards, audio players, video players, cell phones, wi-fi, wireless internet, web pages, internet, wireless telecommunications, and other electronic media that shares information. (2) DistributionIn accordance with the sense of Congress described in section 7813 of this title, the President, acting through the Secretary of State, is authorized to distribute or provide grants to distribute information receiving devices, electronically readable devices, and other informational sources into North Korea, including devices and informational sources specified in paragraph (1). To carry out this paragraph, the President is authorized to issue regulations to facilitate the free-flow of information into North Korea. (3) Research and development grant programIn accordance with the authorization described in paragraphs (1) and (2) to increase the availability and distribution of sources of information inside North Korea, the President, acting through the Secretary of State, is authorized to establish a grant program to make grants to eligible entities to develop or distribute (or both) new products or methods to allow North Koreans easier access to outside information. Such program may involve public-private partnerships. (4) CultureIn accordance with the sense of Congress described in section 7813 of this title, the Broadcasting Board of Governors may broadcast American, Korean, Chinese, and other popular music, television, movies, and popular cultural references as part of its programming. (5) Rights and lawsIn accordance with the sense of Congress described in section 7813 of this title, the Broadcasting Board of Governors should broadcast to North Korea in the Korean language information on rights, laws, and freedoms afforded through the North Korean Constitution, the Universal Declaration of Human Rights, the United Nations Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea, and any other applicable treaties or international agreements to which North Korea is bound. (6) Religious minoritiesEfforts to improve information access under this subsection should include religious communities and should be coordinated with the Office of International Religious Freedom to ensure maximum impact in improving the rights of religious persons in North Korea. (7) Broadcasting reportNot later than—(A) 180 days after July 20, 2018, the Secretary of State, in consultation with the Broadcasting Board of Governors, shall submit to the appropriate congressional committees a report that sets forth a detailed plan for improving broadcasting content for the purpose of targeting new audiences and increasing listenership; and (B) September 30, 2022, and annually thereafter for each of the next 5 years, the Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media, shall submit to the appropriate congressional committees a report including—(i) a description of the effectiveness of actions taken pursuant to this section and sections 5583 and 5584 of the Otto Warmbier Countering North Korean Censorship and Surveillance Act of 2022, including data reflecting audience and listenership, device distribution and usage, and technological development and advancement usage; (ii) the amount of funds expended by the United States Government pursuant to section 403; 11 See References in Text note below. and (iii) other appropriate information necessary to fully inform Congress of efforts related to this section. (b) Authorization of appropriations(1) In generalThere are authorized to be appropriated to the President $3,000,000 for each of the fiscal years 2005 through 2022 to carry out subsection (a). (2) AvailabilityAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. (c) ReportNot later than 1 year after October 18, 2004, and annually through 2022, 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. (d) Information technology studyNot later than 180 days after the date of the enactment of the North Korea Sanctions and Policy Enhancement Act of 2015,1 the President shall submit to the appropriate congressional committees a classified report that sets forth a detailed plan for making unrestricted, unmonitored, and inexpensive electronic mass communications available to the people of North Korea.

22 U.S.C. § 7815 United Nations Commission on Human Rights

It is the sense of Congress that the United Nations has a significant role to play in promoting and improving human rights in North Korea, and that— (1) the United Nations Commission on Human Rights (UNCHR) has taken positive steps by adopting Resolution 2003/10 and Resolution 2004/13 on the situation of human rights in North Korea, and particularly by requesting the appointment of a Special Rapporteur on the situation of human rights in North Korea; and (2) the severe human rights violations within North Korea warrant country-specific attention and reporting by the United Nations Working Group on Arbitrary Detention, the Working Group on Enforced and Involuntary Disappearances, the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, the Special Rapporteur on the Right to Food, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Special Rapporteur on Freedom of Religion or Belief, and the Special Rapporteur on Violence Against Women.

22 U.S.C. § 7816 Establishment of regional framework

(a) FindingsThe Congress finds that human rights initiatives can be undertaken on a multilateral basis, such as the Organization for Security and Cooperation in Europe (OSCE), which established a regional framework for discussing human rights, scientific and educational cooperation, and economic and trade issues. (b) Sense of CongressIt is the sense of Congress that the United Sates 11 So in original. Probably should be “States”. should explore the possibility of a regional human rights dialogue with North Korea that is modeled on the Helsinki process, engaging all countries in the region in a common commitment to respect human rights and fundamental freedoms.

22 U.S.C. § 7817 Special Envoy on North Korean human rights issues

(a) Special EnvoyThe President shall appoint a special envoy for 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 objectiveThe 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, in coordination with the Bureau of Population, Refugees, and Migration, the protection of those people who have fled as refugees. (c) Duties and responsibilitiesThe Special Envoy shall—(1) participate in the formulation and the implementation of activities carried out pursuant to this chapter; (2) engage in discussions with North Korean officials regarding human rights; (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; (4) consult with non-governmental organizations who have attempted to address human rights in North Korea; (5) make recommendations regarding the funding of activities authorized in sections 7812 and 7814 of this title; (6) review strategies for improving protection of human rights in North Korea, including technical training and exchange programs; and (7) develop an action plan for supporting implementation of the United Nations Commission on Human Rights Resolution 2004/13. (d) Report on activitiesNot later than 180 days after October 18, 2004, and annually thereafter through 2022, the Special Envoy shall submit to the appropriate congressional committees a report on the activities undertaken in the preceding 12 months under subsection (c).

22 U.S.C. § 7818 National registry of Korean American divided families

(a) National registry(1) In generalThe Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, the Assistant Secretary of State for Consular Affairs, or such other individual as the Secretary may designate, shall—(A) engage, to the extent practicable, Korean American families who wish to be reunited with family members residing in North Korea from which such Korean American families were divided after the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the “Korean War Armistice Agreement” ), in anticipation of future reunions for such families and family members, including in-person and video reunions; and (B) establish a private, internal national registry of the names and other relevant information of such Korean American families—(i) to facilitate such future reunions; and (ii) to provide for a repository of information about such Korean American families and family members in North Korea, including information about individuals who may be deceased. (2) Disclosure of informationThe Secretary of State may enter into agreements with Korean individuals and families, academic institutions, or other members of the public, as appropriate, to share, in whole or in part, information collected and housed in the database if—(A) the United States person whose personally identifiable information would be disclosed as a result of an agreement has provided consent to such disclosure; and (B) the agreement outlines reasonable steps and commitments to ensure that any information disclosed as a result of such agreement is—(i) kept private and confidential; and (ii) will not be disclosed improperly to other parties outside the agreement. (b) Actions to facilitate dialogue between the United States and North Korea(1) In generalThe Secretary of State should take steps to ensure that any direct dialogue between the United States and North Korea includes progress towards holding future reunions for Korean American families and their family members in North Korea. (2) ConsultationsThe Secretary of State shall consult with the Government of the Republic of Korea, as appropriate, in carrying out this subsection. (3) Reporting requirement(A) In generalThe Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 7817(d) of this title a description of the consultations described in paragraph (2) conducted during the year preceding the submission of the report. (B) ElementsThe reporting required under subparagraph (A) should include—(i) the status of the national registry established pursuant to subsection (a)(1)(B); (ii) the number of individuals included on the registry who—(I) have met their family members in North Korea during previous reunions; and (II) have yet to meet their family members in North Korea; (iii) a summary of responses by North Korea to requests by the United States Government to hold reunions of divided families; and (iv) a description of actions taken by North Korea that prevent the emigration of family members of Korean American families. (c) Appropriate congressional committees definedIn this section, the term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

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