Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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chapter_name: "NORTH KOREAN HUMAN RIGHTS"
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# 22 U.S.C. § 7802 - Purposes
## Text
The purposes of this chapter are—
(1) to promote respect for and protection of fundamental human rights in North Korea;
(2) to promote a more durable humanitarian solution to the plight of North Korean refugees;
(3) to promote increased monitoring, access, and transparency in the provision of humanitarian assistance inside North Korea;
(4) to promote the free flow of information into and out of North Korea; and
(5) to promote progress toward the peaceful reunification of the Korean peninsula under a democratic system of government.
(Pub. L. 108333, § 4, Oct. 18, 2004, 118 Stat. 1290.)
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# 22 U.S.C. § 7803 - Definitions
## Text
In this chapter:
(1) Appropriate congressional committees The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Foreign Relations of the Senate.
(2) China The term “China” means the Peoples Republic of China.
(3) Humanitarian assistance The term “humanitarian assistance” means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies, clothing, and shelter.
(4) North Korea The term “North Korea” means the Democratic Peoples Republic of Korea.
(5) North Koreans The term “North Koreans” means persons who are citizens or nationals of North Korea.
(6) South Korea The term “South Korea” means the Republic of Korea.
(Pub. L. 108333, § 5, Oct. 18, 2004, 118 Stat. 1290; Pub. L. 110346, § 4, Oct. 7, 2008, 122 Stat. 3941.)
## Notes
Editorial Notes
Amendments2008—Par. (1)(A). Pub. L. 110346 substituted “Foreign Affairs” for “International Relations”.
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# 22 U.S.C. § 7811 - Sense of Congress regarding negotiations with North Korea
## Text
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.
(Pub. L. 108333, title I, § 101, Oct. 18, 2004, 118 Stat. 1290.)
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# 22 U.S.C. § 7812 - Support for human rights and democracy programs
## Text
(a) Support The 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 Koreas 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 general There 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) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.
(Pub. L. 108333, title I, § 102, Oct. 18, 2004, 118 Stat. 1290; Pub. L. 110346, § 5, Oct. 7, 2008, 122 Stat. 3941; Pub. L. 112172, § 4, Aug. 16, 2012, 126 Stat. 1308; Pub. L. 115198, § 7(a), July 20, 2018, 132 Stat. 1523.)
## Notes
Editorial Notes
Amendments2018—Subsec. (a). Pub. L. 115198, § 7(a)(1), inserted at end “The President is also authorized to provide grants to entities to undertake research on North Koreas 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.” Subsec. (b)(1). Pub. L. 115198, § 7(a)(2), substituted “2022” for “2017”. 2012—Subsec. (b)(1). Pub. L. 112172 substituted “2017” for “2012”. 2008—Subsec. (b)(1). Pub. L. 110346 inserted “and $2,000,000 for each of fiscal years 2009 through 2012” after “2008”.
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# 22 U.S.C. § 7813 - Radio broadcasting to North Korea
## Text
(a) Sense of Congress It 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) Report Not 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.
(Pub. L. 108333, title I, § 103, Oct. 18, 2004, 118 Stat. 1291; Pub. L. 115198, § 4, July 20, 2018, 132 Stat. 1521.)
## Notes
Editorial Notes
Amendments2018—Subsec. (a). Pub. L. 115198, § 4(1), (3), substituted “United States should—” for “United States should”, inserted par. (1) designation before “facilitate”, and added par. (2). Subsec. (a)(1). Pub. L. 115198, § 4(2), substituted “broadcasting, including news rebroadcasting,” for “radio broadcasting”, “increase such broadcasts, including news rebroadcasts,” for “increase broadcasts”, and “Voice of America; and” for “Voice of America.”
Statutory Notes and Related Subsidiaries
Change of Name Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
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# 22 U.S.C. § 7814 - Actions to promote freedom of information
## Text
(a) Actions (1) In general The 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) Distribution In 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 program In 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) Culture In 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 laws In 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 Peoples Republic of Korea, and any other applicable treaties or international agreements to which North Korea is bound.
(6) Religious minorities Efforts 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 report Not 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 general There 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) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.
(c) Report Not 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 study Not 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.
(Pub. L. 108333, title I, § 104, Oct. 18, 2004, 118 Stat. 1291; Pub. L. 110346, § 7, Oct. 7, 2008, 122 Stat. 3941; Pub. L. 112172, § 6, Aug. 16, 2012, 126 Stat. 1309; Pub. L. 114122, title III, § 301, Feb. 18, 2016, 130 Stat. 112; Pub. L. 115198, §§ 5, 7(b), July 20, 2018, 132 Stat. 1521, 1523; Pub. L. 117263, div. E, title LV, § 5584(b), Dec. 23, 2022, 136 Stat. 3373.)
## Notes
Editorial Notes
References in TextSections 5583 and 5584 of the Otto Warmbier Countering North Korean Censorship and Surveillance Act of 2022, referred to in subsec. (a)(7)(B)(i), are sections 5583 and 5584 of subtitle F of title LV of div. E of Pub. L. 117263, Dec. 23, 2022, 136 Stat. 3372, 3373. Sections 5583 and 5584(a) of the Act are not classified to the Code. Section 5584(b) of the Act amended this section. Section 403, referred to in subsec. (a)(7)(B)(ii), may mean section 403 of the North Korea Sanctions and Policy Enhancement Act of 2016, Pub. L. 114122, which authorized appropriations to carry out various provisions in this chapter and was classified to section 9253 of this title, prior to repeal by Pub. L. 115198, § 9, July 20, 2018, 132 Stat. 1525. There is no section 403 of Pub. L. 108333, of which this section is a part. The date of the enactment of the North Korea Sanctions and Policy Enhancement Act of 2015, referred to in subsec. (d), probably means the date of enactment of the North Korea Sanctions and Policy Enhancement Act of 2016, Pub. L. 114122, which was approved Feb. 18, 2016.
Amendments2022—Subsec. (a)(7)(B). Pub. L. 117263, § 5584(b)(1), in introductory provisions, substituted “September 30, 2022” for “1 year after July 20, 2018” and “Chief Executive Officer of the United States Agency for Global Media” for “Broadcasting Board of Governors”. Subsec. (a)(7)(B)(i). Pub. L. 117263, § 5584(b)(2), inserted “and sections 5583 and 5584 of the Otto Warmbier Countering North Korean Censorship and Surveillance Act of 2022” after “this section”. 2018—Subsec. (a). Pub. L. 115198, § 5, designated existing provisions as par. (1), inserted heading, inserted “, 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” before period at end, and added pars. (2) to (7). Subsec. (b)(1). Pub. L. 115198, § 7(b)(1), substituted “$3,000,000” for “$2,000,000” and “2022” for “2017”. Subsec. (c). Pub. L. 115198, § 7(b)(2), substituted “2022” for “2017”. 2016—Subsec. (d). Pub. L. 114122 added subsec. (d). 2012—Subsecs. (b)(1), (c). Pub. L. 112172 substituted “2017” for “2012”. 2008—Subsec. (b)(1). Pub. L. 110346, § 7(1), substituted “2012” for “2008”. Subsec. (c). Pub. L. 110346, § 7(2), substituted “annually through 2012” for “in each of the 3 years thereafter”.
Statutory Notes and Related Subsidiaries
Change of Name Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018.
Findings; Sense of CongressPub. L. 117263, div. E, title LV, § 5581, Dec. 23, 2022, 136 Stat. 3371, provided that: “(a) Findings.—Congress makes the following findings:“(1) The information landscape in North Korea is the most repressive in the world, consistently ranking last or near-last in the annual World Press Freedom Index. “(2) Under the brutal rule of Kim Jung Un, the countrys leader since 2012, the North Korean regime has tightened controls on access to information, as well as enacted harsh punishments for consumers of outside media, including sentencing to time in a concentration camp and a maximum penalty of death. “(3) Such repressive and unjust laws surrounding information in North Korea resulted in the death of 22-year-old United States citizen and university student Otto Warmbier, who had traveled to North Korea in December 2015 as part of a guided tour. “(4) Otto Warmbier was unjustly arrested, sentenced to 15 years of hard labor, and severely mistreated at the hands of North Korean officials. While in captivity, Otto Warmbier suffered a serious medical emergency that placed him into a comatose state. Otto Warmbier was comatose upon his release in June 2017 and died 6 days later. “(5) Despite increased penalties for possession and viewership of foreign media, the people of North Korean have increased their desire for foreign media content, according to a survey of 200 defectors concluding that 90 percent had watched South Korean or other foreign media before defecting. “(6) On March 23, 2021, in an annual resolution, the United Nations General Assembly condemned the long-standing and ongoing systematic, widespread and gross violations of human rights in the Democratic Peoples Republic of Korea and expressed grave concern at, among other things, the denial of the right to freedom of thought, conscience, and religion . . . and of the rights to freedom of opinion, expression, and association, both online and offline, which is enforced through an absolute monopoly on information and total control over organized social life, and arbitrary and unlawful state surveillance that permeates the private lives of all citizens. “(7) In 2018, Typhoon Yutu caused extensive damage to 15 broadcast antennas used by the United States Agency for Global Media in Asia, resulting in reduced programming to North Korea. The United States Agency for Global Media has rebuilt 5 of the 15 antenna systems as of June 2021. “(b) Sense of Congress.—It is the sense of Congress that—“(1) in the event of a crisis situation, particularly where information pertaining to the crisis is being actively censored or a false narrative is being put forward, the United States should be able to quickly increase its broadcasting capability to deliver fact-based information to audiences, including those in North Korea; and “(2) the United States International Broadcasting Surge Capacity Fund is already authorized under section 316 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6216), and expanded authority to transfer unobligated balances from expired accounts of the United States Agency for Global Media would enable the Agency to more nimbly respond to crises.”
Statement of PolicyPub. L. 117263, div. E, title LV, § 5582, Dec. 23, 2022, 136 Stat. 3372, provided that: “It is the policy of the United States— “(1) to provide the people of North Korea with access to a diverse range of fact-based information; “(2) to develop and implement novel means of communication and information sharing that increase opportunities for audiences in North Korea to safely create, access, and share digital and non-digital news without fear of repressive censorship, surveillance, or penalties under law; and “(3) to foster and innovate new technologies to counter North Koreas state-sponsored repressive surveillance and censorship by advancing internet freedom tools, technologies, and new approaches.”
Executive Documents
Delegation of Functions Functions of President under section 301 of Pub. L. 114122 (adding subsec. (d) of this section) delegated to Secretary of State by Memorandum of President of the United States, May 18, 2016, 81 F.R. 37479, set out as a note under section 9212 of this title.
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# 22 U.S.C. § 7815 - United Nations Commission on Human Rights
## Text
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.
(Pub. L. 108333, title I, § 105, Oct. 18, 2004, 118 Stat. 1291.)
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# 22 U.S.C. § 7816 - Establishment of regional framework
## Text
(a) Findings The 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 Congress It 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.
(Pub. L. 108333, title I, § 106, Oct. 18, 2004, 118 Stat. 1292.)
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# 22 U.S.C. § 7817 - Special Envoy on North Korean human rights issues
## Text
(a) Special Envoy The 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 objective The 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 responsibilities The 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 activities Not 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).
(Pub. L. 108333, title I, § 107, Oct. 18, 2004, 118 Stat. 1292; Pub. L. 110346, § 8, Oct. 7, 2008, 122 Stat. 3941; Pub. L. 112172, § 7, Aug. 16, 2012, 126 Stat. 1309; Pub. L. 115198, § 7(c), July 20, 2018, 132 Stat. 1523.)
## Notes
Editorial Notes
Amendments2018—Subsec. (d). Pub. L. 115198 substituted “2022” for “2017”. 2012—Subsec. (d). Pub. L. 112172 substituted “2017” for “2012”. 2008—Pub. L. 110346, § 8(1), substituted “North Korean human rights issues” for “human rights in North Korea” in section catchline. Subsec. (a). Pub. L. 110346, § 8(2), in first sentence, substituted “North Korean human rights issues” for “human rights in North Korea” and inserted “, by and with the advice and consent of the Senate” before period at end and, in second sentence, inserted “who shall have the rank of ambassador and shall hold the office at the pleasure of the President” before period at end. Subsec. (b). Pub. L. 110346, § 8(3), inserted “, including, in coordination with the Bureau of Population, Refugees, and Migration, the protection of those people who have fled as refugees” after “North Korea”. Subsec. (c). Pub. L. 110346, § 8(4), added par. (1), redesignated former pars. (1) to (6) as (2) to (7), respectively, and substituted “sections 7812 and 7814” for “section 7812” in par. (5). Subsec. (d). Pub. L. 110346, § 8(5), substituted “thereafter through 2012” for “for the subsequent 5 year-period”.
Statutory Notes and Related Subsidiaries
Consultations on Reuniting Korean Americans With Family Members in North KoreaPub. L. 117263, div. E, title LV, § 5599B, Dec. 23, 2022, 136 Stat. 3400, formerly set out as a note under this section, was transferred and is set out as a note under section 7818 of this title.
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# 22 U.S.C. § 7818 - National registry of Korean American divided families
## Text
(a) National registry (1) In general The 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 information The 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 general The 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) Consultations The 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 general The 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) Elements The 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 defined In 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.
(Pub. L. 11960, div. H, title LXXXIII, § 8361, Dec. 18, 2025, 139 Stat. 1884.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2026, and not as part of the North Korean Human Rights Act of 2004, which comprises this chapter.
Statutory Notes and Related Subsidiaries
Consultations on Reuniting Korean Americans With Family Members in North KoreaPub. L. 117263, div. E, title LV, § 5599B, Dec. 23, 2022, 136 Stat. 3400, provided that: “(a) Consultations.—“(1) Consultations with south korea.—The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. “(2) Consultations with korean americans.—The Special Envoy on North Korean Human Rights Issues of the Department of State should regularly consult with representatives of Korean Americans who have family members in North Korea with respect to efforts to reunite families divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. “(b) Report.—Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2022], and annually thereafter for three years, the Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues or other appropriate designee, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the consultations conducted pursuant to this section during the preceding year.”
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# 22 U.S.C. § 7831 - Report on United States humanitarian assistance
## Text
(a) Report Not later than 180 days after October 18, 2004, and annually thereafter through 2022, the Administrator of the United States Agency for International Development, in conjunction with the Secretary of State, shall submit to the appropriate congressional committees a report that describes—
(1) all activities to provide humanitarian assistance inside North Korea, and to North Koreans outside of North Korea, that receive United States funding;
(2) any improvements in humanitarian transparency, monitoring, and access inside North Korea during the previous 1-year period, including progress toward meeting the conditions identified in subparagraphs (A) through (D) of section 7832(b)(1) of this title; and
(3) specific efforts to secure improved humanitarian transparency, monitoring, and access inside North Korea made by the United States and United States grantees, including the World Food Program, during the previous 1-year period.
(b) Needs assessment The report shall include a needs assessment to inform the distribution of humanitarian assistance inside North Korea.
(c) Form The information required by subsection (a)(1) may be provided in classified form if necessary.
(Pub. L. 108333, title II, § 201, Oct. 18, 2004, 118 Stat. 1293; Pub. L. 108447, div. D, title V, § 534(j), Dec. 8, 2004, 118 Stat. 3007; Pub. L. 110346, § 9, Oct. 7, 2008, 122 Stat. 3942; Pub. L. 112172, § 8, Aug. 16, 2012, 126 Stat. 1309; Pub. L. 115198, § 7(d), July 20, 2018, 132 Stat. 1523.)
## Notes
Editorial Notes
Amendments2018—Subsec. (a). Pub. L. 115198, § 7(d)(1), substituted “2022” for “2017” in introductory provisions. Subsecs. (b), (c). Pub. L. 115198, § 7(d)(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c). 2012—Subsec. (a). Pub. L. 112172 substituted “2017” for “2012” in introductory provisions. 2008—Subsec. (a). Pub. L. 110346 substituted “annually thereafter through 2012” for “in each of the 2 years thereafter” in introductory provisions. 2004—Subsec. (a)(2). Pub. L. 108447 substituted “subparagraphs (A) through (D) of section 7832(b)(1) of this title” for “paragraphs (1) through (4) of section 7832(b) of this title”.
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# 22 U.S.C. § 7832 - Assistance provided inside North Korea
## Text
(a) Humanitarian assistance through nongovernmental and international organizations It is the sense of the Congress that—
(1) at the same time that Congress supports the provision of humanitarian assistance to the people of North Korea on humanitarian grounds, such assistance also should be provided and monitored so as to minimize the possibility that such assistance could be diverted to political or military use, and to maximize the likelihood that it will reach the most vulnerable North Koreans;
(2) significant increases above current levels of United States support for humanitarian assistance provided inside North Korea should be conditioned upon substantial improvements in transparency, monitoring, and access to vulnerable populations throughout North Korea; and
(3) the United States should encourage other countries that provide food and other humanitarian assistance to North Korea to do so through monitored, transparent channels, rather than through direct, bilateral transfers to the Government of North Korea.
(b) United States assistance to the government of North Korea It is the sense of Congress that—
(1) United States humanitarian assistance to any department, agency, or entity of the Government of North Korea shall—
(A) be delivered, distributed, and monitored according to internationally recognized humanitarian standards;
(B) be provided on a needs basis, and not used as a political reward or tool of coercion;
(C) reach the intended beneficiaries, who should be informed of the source of the assistance; and
(D) be made available to all vulnerable groups in North Korea, no matter where in the country they may be located; and
(2) United States nonhumanitarian assistance to North Korea shall be contingent on North Koreas substantial progress toward—
(A) respect for the basic human rights of the people of North Korea, including freedom of religion;
(B) providing for family reunification between North Koreans and their descendants and relatives in the United States;
(C) fully disclosing all information regarding citizens of Japan and the Republic of Korea abducted by the Government of North Korea;
(D) allowing such abductees, along with their families, complete and genuine freedom to leave North Korea and return to the abductees original home countries;
(E) reforming the North Korean prison and labor camp system, and subjecting such reforms to independent international monitoring; and
(F) decriminalizing political expression and activity.
(c) Report Not later than 180 days after October 18, 2004, the Administrator of the Agency for International Development shall submit to the appropriate congressional committees a report describing compliance with this section.
(Pub. L. 108333, title II, § 202, Oct. 18, 2004, 118 Stat. 1293.)
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# 22 U.S.C. § 7833 - Assistance provided outside of North Korea
## Text
(a) Assistance The President is authorized to provide assistance to support organizations or persons that provide humanitarian assistance to North Koreans who are outside of North Korea without the permission of the Government of North Korea.
(b) Types of assistance Assistance provided under subsection (a) should be used to provide—
(1) humanitarian assistance to North Korean refugees, defectors, migrants, and orphans outside of North Korea, which may include support for refugee camps or temporary settlements; and
(2) humanitarian assistance to North Korean women outside of North Korea who are victims of trafficking, as defined in section 7102(15) 11 See References in Text note below. of this title, or are in danger of being trafficked.
(c) Authorization of appropriations (1) In general In addition to funds otherwise available for such purposes, there are authorized to be appropriated to the President $5,000,000 for each of the fiscal years 2018 through 2022 to carry out this section.
(2) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.
(Pub. L. 108333, title II, § 203, Oct. 18, 2004, 118 Stat. 1294; Pub. L. 110346, § 10, Oct. 7, 2008, 122 Stat. 3942; Pub. L. 112172, § 9, Aug. 16, 2012, 126 Stat. 1309; Pub. L. 1134, title XII, § 1212(b)(2)(B), Mar. 7, 2013, 127 Stat. 144; Pub. L. 115198, § 7(e), July 20, 2018, 132 Stat. 1524.)
## Notes
Editorial Notes
References in TextSection 7102(15) of this title, referred to in subsec. (b)(2), was redesignated section 7102(17) of this title by Pub. L. 115427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.
Amendments2018—Subsec. (c)(1). Pub. L. 115198 substituted “2018 through 2022” for “2013 through 2017”. 2013—Subsec. (b)(2). Pub. L. 1134 substituted “section 7102(15)” for “section 7102(14)”. 2012—Subsec. (c)(1). Pub. L. 112172 substituted “$5,000,000” for “$20,000,000” and “2013 through 2017” for “2005 through 2012”. 2008—Subsec. (c)(1). Pub. L. 110346 substituted “2012” for “2008”.
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# 22 U.S.C. § 7834 - Briefings on the welfare of North Korean children
## Text
(a) In general The Secretary of State shall designate a representative to regularly brief the appropriate congressional committees in an unclassified setting on United States Government efforts to advocate for the best interests of North Korean children and children of one North Korean parent, including efforts to address, when appropriate, the adoption of such children living outside North Korea without parental care.
(b) Contents The Secretarys designee shall be prepared to address in each briefing the following topics:
(1) The analysis of the Department of State of the challenges facing North Korean children residing outside North Korea and challenges facing children of one North Korean parent in other countries who are fleeing persecution or are living as de jure or de facto stateless persons.
(2) Department of State efforts to advocate for the best interest of North Korean children residing outside North Korea or children of one North Korean parent living in other countries who are fleeing persecution or are living as de jure or de facto stateless persons, including, when possible, efforts to address the immediate care and family reunification of these children, and, in individual cases where appropriate, the adoption of eligible North Korean children living outside North Korea and children of one North Korean parent living outside North Korea.
(3) Department of State efforts to develop a comprehensive strategy to address challenges that United States citizens would encounter in attempting to adopt, via intercountry adoption, North Korean-origin children residing in other countries or children of one North Korean parent residing outside North Korea who are fleeing persecution or are living as de jure or de facto stateless persons, including efforts to overcome the complexities involved in determining jurisdiction for best interest determinations and adoption processing, if appropriate, of those who habitually reside in a Hague country or a non-Hague country.
(4) Department of State diplomatic efforts to encourage countries in which North Korean children or children of one North Korean parent are fleeing persecution or reside as de jure or de facto stateless persons to resolve issues of statelessness of North Koreans residing in that country.
(5) Department of State efforts to work with the Government of the Republic of Korea to establish pilot programs that identify, provide for the immediate care of, and assist in the family reunification of North Korean children and children of one North Korean parent living within South Korea and other countries who are fleeing persecution or are living as de jure or de facto stateless persons.
(Pub. L. 112264, § 4, Jan. 14, 2013, 126 Stat. 2432.)
## Notes
Editorial Notes
Codification This section was enacted as part of the North Korean Child Welfare Act of 2012, and not as part of the North Korean Human Rights Act of 2004 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions Pub. L. 112264, § 3, Jan. 14, 2013, 126 Stat. 2432, provided that: “In this Act [enacting this section and provisions set out as a note under section 7801 of this title]: “(1) Appropriate congressional committees.—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. “(2) Hague country.—The term Hague country means a country where the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague May 29, 1993, has entered into force and is fully implemented. “(3) Non-hague country.—The term non-Hague country means a country where the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague May 29, 1993, has not entered into force.”
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# 22 U.S.C. § 7841 - United States policy toward refugees and defectors
## Text
(a) Report Not later than 120 days after October 18, 2004, the Secretary of State, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and the Committees on the Judiciary of the House of Representatives and the Senate a report that describes the situation of North Korean refugees and explains United States Government policy toward North Korean nationals outside of North Korea.
(b) Contents The report shall include—
(1) an assessment of the circumstances facing North Korean refugees and migrants in hiding, particularly in China, and of the circumstances they face if forcibly returned to North Korea;
(2) an assessment of whether North Koreans in China have effective access to personnel of the United Nations High Commissioner for Refugees, and of whether the Government of China is fulfilling its obligations under the 1951 Convention Relating to the Status of Refugees, particularly Articles 31, 32, and 33 of such Convention;
(3) an assessment of whether North Koreans presently have unobstructed access to United States refugee and asylum processing, and of United States policy toward North Koreans who may present themselves at United States embassies or consulates and request protection as refugees or asylum seekers and resettlement in the United States;
(4) the total number of North Koreans who have been admitted into the United States as refugees or asylees in each of the past 5 years;
(5) an estimate of the number of North Koreans with family connections to United States citizens; and
(6) a description of the measures that the Secretary of State is taking to carry out section 7843 of this title.
(c) Form The information required by paragraphs (1) through (5) of subsection (b) shall be provided in unclassified form. All or part of the information required by subsection (b)(6) may be provided in classified form, if necessary.
(Pub. L. 108333, title III, § 301, Oct. 18, 2004, 118 Stat. 1295.)
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# 22 U.S.C. § 7842 - Eligibility for refugee or asylum consideration
## Text
(a) Purpose The purpose of this section is to clarify that North Koreans are not barred from eligibility for refugee status or asylum in the United States on account of any legal right to citizenship they may enjoy under the Constitution of the Republic of Korea. It is not intended in any way to prejudice whatever rights to citizenship North Koreans may enjoy under the Constitution of the Republic of Korea, or to apply to former North Korean nationals who have availed themselves of those rights.
(b) Treatment of nationals of North Korea For purposes of eligibility for refugee status under section 1157 of title 8, or for asylum under section 1158 of title 8, a national of the Democratic Peoples Republic of Korea shall not be considered a national of the Republic of Korea.
(Pub. L. 108333, title III, § 302, Oct. 18, 2004, 118 Stat. 1295.)
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# 22 U.S.C. § 7843 - Facilitating submission of applications for admission as a refugee
## Text
The Secretary of State shall undertake to facilitate the submission of applications under section 1157 of title 8 by citizens of North Korea seeking protection as refugees (as defined in section 1101(a)(42) of title 8).
(Pub. L. 108333, title III, § 303, Oct. 18, 2004, 118 Stat. 1296.)
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# 22 U.S.C. § 7844 - United Nations High Commissioner for Refugees
## Text
(a) Actions in China It is the sense of Congress that—
(1) the Government of China has obligated itself to provide the United Nations High Commissioner for Refugees (UNHCR) with unimpeded access to North Koreans inside its borders to enable the UNHCR to determine whether they are refugees and whether they require assistance, pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and Article III, paragraph 5 of the 1995 Agreement on the Upgrading of the UNHCR Mission in the Peoples Republic of China to UNHCR Branch Office in the Peoples Republic of China (referred to in this section as the “UNHCR Mission Agreement”);
(2) the United States, other UNHCR donor governments, and UNHCR should persistently and at the highest levels continue to urge the Government of China to abide by its previous commitments to allow UNHCR unimpeded access to North Korean refugees inside China;
(3) the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally employ as professionals or Experts on Mission persons with significant experience in humanitarian assistance work among displaced North Koreans in China;
(4) the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally contract with appropriate nongovernmental organizations that have a proven record of providing humanitarian assistance to displaced North Koreans in China;
(5) the UNHCR should pursue a multilateral agreement to adopt an effective “first asylum” policy that guarantees safe haven and assistance to North Korean refugees; and
(6) should the Government of China begin actively fulfilling its obligations toward North Korean refugees, all countries, including the United States, and relevant international organizations should increase levels of humanitarian assistance provided inside China to help defray costs associated with the North Korean refugee presence.
(b) Arbitration proceedings It is further the sense of Congress that—
(1) if the Government of China continues to refuse to provide the UNHCR with access to North Koreans within its borders, the UNHCR should initiate arbitration proceedings pursuant to Article XVI of the UNHCR Mission Agreement and appoint an arbitrator for the UNHCR; and
(2) because access to refugees is essential to the UNHCR mandate and to the purpose of a UNHCR branch office, a failure to assert those arbitration rights in present circumstances would constitute a significant abdication by the UNHCR of one of its core responsibilities.
(Pub. L. 108333, title III, § 304, Oct. 18, 2004, 118 Stat. 1296.)
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# 22 U.S.C. § 7845 - Annual reports
## Text
(a) Immigration and refugee information Not later than 1 year after October 18, 2004, and every 12 months thereafter through 2022, the Secretary of State and the Secretary of Homeland Security shall submit a joint report to the appropriate congressional committees and the Committees on the Judiciary of the House of Representatives and the Senate on the operation of this subchapter during the previous year, which shall include the following:
(1) The number of aliens who are nationals or citizens of North Korea who applied for political asylum and the number who were granted political asylum.
(2) The number of aliens who are nationals or citizens of North Korea who applied for refugee status and the number who were granted refugee status.
(3) A detailed description of the measures undertaken by the Secretary of State to carry out section 7843 of this title, including country-specific information with respect to United States efforts to secure the cooperation and permission of the governments of countries in East and Southeast Asia to facilitate United States processing of North Koreans seeking protection as refugees. The information required under this paragraph shall be provided in unclassified form, with a classified annex, if necessary.
(b) Countries of particular concern The President shall include in each annual report on proposed refugee admission pursuant to section 1157(d) of title 8, information about specific measures taken to facilitate access to the United States refugee program for individuals who have fled countries of particular concern for violations of religious freedom, identified pursuant to section 6442(b) of this title. The report shall include, for each country of particular concern, a description of access of the nationals or former habitual residents of that country to a refugee determination on the basis of—
(1) referrals by external agencies to a refugee adjudication;
(2) groups deemed to be of special humanitarian concern to the United States for purposes of refugee resettlement; and
(3) family links to the United States.
(Pub. L. 108333, title III, § 305, Oct. 18, 2004, 118 Stat. 1297; Pub. L. 110346, § 11, Oct. 7, 2008, 122 Stat. 3942; Pub. L. 112172, § 10, Aug. 16, 2012, 126 Stat. 1309; Pub. L. 115198, § 7(f), July 20, 2018, 132 Stat. 1524.)
## Notes
Editorial Notes
Amendments2018—Subsec. (a). Pub. L. 115198 substituted “2022” for “2017” in introductory provisions. 2012—Subsec. (a). Pub. L. 112172 substituted “2017” for “2012” in introductory provisions. 2008—Subsec. (a). Pub. L. 110346, § 11(1), (2), inserted “and refugee” before “information” in heading, and, in introductory provisions, substituted “through 2012” for “for each of the following 5 years” and “which shall include the following:” for “which shall include—”. Pub. L. 110346, § 11(3)(5), substituted “The number of aliens” for “the number of aliens” in pars. (1) and (2) and a period for “; and” in par. (1) and added par. (3).
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# 22 U.S.C. § 7846 - Sense of Congress on humanitarian coordination related to the Korean Peninsula
## Text
It is the sense of Congress that—
(1) any instability on the Korean Peninsula could have significant humanitarian and strategic impact on the region and for United States national interests; and
(2) as such, the United States Government should work with countries sharing a land or maritime border with North Korea to develop long-term whole-of-government plans to coordinate efforts related to humanitarian assistance and human rights promotion and to effectively assimilate North Korean defectors.
(Pub. L. 108333, title III, § 306, as added Pub. L. 115198, § 6, July 20, 2018, 132 Stat. 1523.)