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22 U.S.C. § 7811 — Sense of Congress regarding negotiations

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7811 — Sense of Congress regarding negotiations

Page 2013 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7813 Koreans inside China to determine whether they are refugees and whether they require assistance.’’ § 7802. Purposes 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 refu- gees; (3) to promote increased monitoring, access, and transparency in the provision of humani- tarian 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. 108–333, § 4, Oct. 18, 2004, 118 Stat. 1290.) § 7803. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ 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 People’s Re- public of China. (3) Humanitarian assistance The term ‘‘humanitarian assistance’’ means assistance to meet humanitarian needs, in- cluding needs for food, medicine, medical sup- plies, clothing, and shelter. (4) North Korea The term ‘‘North Korea’’ means the Demo- cratic People’s 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 Repub- lic of Korea. (Pub. L. 108–333, § 5, Oct. 18, 2004, 118 Stat. 1290; Pub. L. 110–346, § 4, Oct. 7, 2008, 122 Stat. 3941.) Editorial Notes AMENDMENTS 2008—Par. (1)(A). Pub. L. 110–346 substituted ‘‘Foreign Affair

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Page 2013 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7813 Koreans inside China to determine whether they are refugees and whether they require assistance.’’ § 7802. Purposes 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 refu- gees; (3) to promote increased monitoring, access, and transparency in the provision of humani- tarian 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. 108–333, § 4, Oct. 18, 2004, 118 Stat. 1290.) § 7803. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ 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 People’s Re- public of China. (3) Humanitarian assistance The term ‘‘humanitarian assistance’’ means assistance to meet humanitarian needs, in- cluding needs for food, medicine, medical sup- plies, clothing, and shelter. (4) North Korea The term ‘‘North Korea’’ means the Demo- cratic People’s 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 Repub- lic of Korea. (Pub. L. 108–333, § 5, Oct. 18, 2004, 118 Stat. 1290; Pub. L. 110–346, § 4, Oct. 7, 2008, 122 Stat. 3941.) Editorial Notes AMENDMENTS 2008—Par. (1)(A). Pub. L. 110–346 substituted ‘‘Foreign Affairs’’ for ‘‘International Relations’’. SUBCHAPTER I—PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS § 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 con- cerned parties in Northeast Asia. (Pub. L. 108–333, title I, § 101, Oct. 18, 2004, 118 Stat. 1290.) § 7812. Support for human rights and democracy programs (a) Support The President is authorized to provide grants to private, nonprofit organizations to support programs that promote human rights, democ- racy, rule of law, and the development of a mar- ket economy in North Korea. Such programs may include appropriate educational and cul- tural exchange programs with North Korean participants, to the extent not otherwise prohib- ited by law. The President is also authorized to provide grants to entities to undertake research on North Korea’s denial of human rights, includ- ing on the political and military chains of com- mand responsible for authorizing and imple- menting systemic human rights abuses, includ- ing 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 au- thorization of appropriations under paragraph (1) are authorized to remain available until ex- pended. (Pub. L. 108–333, title I, § 102, Oct. 18, 2004, 118 Stat. 1290; Pub. L. 110–346, § 5, Oct. 7, 2008, 122 Stat. 3941; Pub. L. 112–172, § 4, Aug. 16, 2012, 126 Stat. 1308; Pub. L. 115–198, § 7(a), July 20, 2018, 132 Stat. 1523.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–198, § 7(a)(1), inserted at end ‘‘The President is also authorized to provide grants to entities to undertake research on North Korea’s de- nial of human rights, including on the political and military chains of command responsible for authorizing and implementing systemic human rights abuses, in- cluding at prison camps and detention facilities where political prisoners are held.’’ Subsec. (b)(1). Pub. L. 115–198, § 7(a)(2), substituted ‘‘2022’’ for ‘‘2017’’. 2012—Subsec. (b)(1). Pub. L. 112–172 substituted ‘‘2017’’ for ‘‘2012’’. 2008—Subsec. (b)(1). Pub. L. 110–346 inserted ‘‘and $2,000,000 for each of fiscal years 2009 through 2012’’ after ‘‘2008’’. § 7813. Radio broadcasting to North Korea (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 in- crease such broadcasts, including news re- broadcasts, to North Korea from current lev- els, with a goal of providing 12-hour-per-day broadcasting to North Korea, including broad-

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7811 — Findings

Congress makes the following findings: (1) According to the Department of State, the Government of North Korea is “a dictatorship under the absolute rule of Kim Jong Il” that continues to commit numerous, serious human rights abuses. (2) The Government of North Korea attempts to control all information, artistic expression, academic works, and media activity inside North Korea and strictly curtails freedom of speech and access to foreign broadcasts. (3) The Government of North Korea subjects all its citizens to systematic, intensive political and ideological indoctrination in support of the cult of personality glorifying Kim Jong Il and the late Kim Il Sung that approaches the level of a state religion. (4) The Government of North Korea divides its population into categories, based on perceived loyalty to the leadership, which determines access to food, employment, higher education, place of residence, medical facilities, and other resources. (5) According to the Department of State, “[t]he [North Korean] Penal Code is [d]raconian, stipulating capital punishment and confiscation of assets for a wide variety of ‘crimes against the revolution,’ including defection, attempted defection, slander of the policies of the Party or State, listening to foreign broadcasts, writing ‘reactionary’ letters, and possessing reactionary printed matter”. (6) The Government of North Korea executes political prisoners, opponents of the regime, some repatriated defectors, some members of underground churches, and others, sometimes at public meetings attended by workers, students, and schoolchildren. (7) The Government of North Korea holds an estimated 200,000 political prisoners in camps that its State Security Agency manages through the use of forced labor, beatings, torture, and exe

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