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

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- Page 2014 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7814 casts by Radio Free Asia and Voice of Amer- ica; and (2) expand funding for nongovernmental or- ganization broadcasting efforts, prioritizing organizations that engage North Korean defec- tors in programming and broadcast services. (b) Report Not later than 120 days after October 18, 2004, the Broadcasting Board of Governors shall sub- mit to the appropriate congressional commit- tees a report that— (1) describes the status of current United States broadcasting to North Korea; and (2) outlines a plan for increasing such broad- casts to 12 hours per day, including a detailed description of the technical and fiscal require- ments necessary to implement the plan. (Pub. L. 108–333, title I, § 103, Oct. 18, 2004, 118 Stat. 1291; Pub. L. 115–198, § 4, July 20, 2018, 132 Stat. 1521.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–198, § 4(1), (3), sub- stituted ‘‘United States should—’’ for ‘‘United States should’’, inserted par. (1) designation before ‘‘facili- tate’’, and added par. (2). Subsec. (a)(1). Pub. L. 115–198, § 4(2), substituted ‘‘broadcasting, including news rebroadcasting,’’ for ‘‘radio broadcasting’’, ‘‘increase such broadcasts, in- cluding 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. § 7814. Actions to promote freedom of informa- tion (a) Actions (1) In general The President is authorized to take such ac- tions as may be necessary to increase the availability of information inside North Korea by increasing the availability of sources of in- formation not controlled by the Government of North Korea, including sources such as ra- dios 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 informa- tion. (2) Distribution In accordance with the sense of Congress de- scribed in section 7813 of this title, the Presi- dent, acting through the Secretary of State, is authorized to distribute or provide grants to distribute information receiving devices, elec- tronically readable devices, and other infor- mational 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 de- scribed in paragraphs (1) and (2) to increase the availability and distribution of sources of information inside North Korea, the Presi- dent, 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 out- side information. Such program may involve public-private partnerships. (4) Culture In accordance with the sense of Congress de- scribed in section 7813 of this title, the Broad- casting Board of Governors may broadcast American, Korean, Chinese, and other popular music, television, movies, and popular cul- tural references as part of its programming. (5) Rights and laws In accordance with the sense of Congress de- scribed in section 7813 of this title, the Broad- casting Board of Governors should broadcast to North Korea in the Korean language infor- mation 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 Re- public of Korea, and any other applicable trea- ties or international agreements to which North Korea is bound. (6) Religious minorities Efforts to improve information access under this subsection should include religious com- munities 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 Sec- retary of State, in consultation with the Broadcasting Board of Governors, shall sub- mit to the appropriate congressional com- mittees 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 there- after for each of the next 5 years, the Sec- retary 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 re- port 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 re- flecting audience and listenership, device distribution and usage, and technological development and advancement usage;