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

Page 2016 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7815 1 So in original. Probably should be ‘‘States’’. 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 an- tenna 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 for- ward, the United States should be able to quickly in- crease 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 sec- tion 316 of the United States International Broad- casting Act of 1994 (22 U.S.C. 6216), and expanded au- thority to transfer unobligated balances from expired accounts of the United States Agency for Global Media would enable the Agency to more nimbly re- spond to crises.’’ STATEMENT OF POLICY Pub. L. 117–263, 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 ac- cess to a diverse range of fact-based information; ‘‘(2) to develop and implement novel means of com- munication and information sharing that increase op- portunities 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 Korea’s state-sponsored repressive sur- veillance and censorship by advancing internet free- dom tools, technologies, and new approaches.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of President under section 301 of Pub. L. 114–122 (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. § 7815. United Nations Commission on Human Rights It is the sense of Congress that the United Na- tions 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 Reso- lution 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 with- in North Korea warrant country-specific at- tention 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 Execu- tions, the Special Rapporteur on the Right to Food, the Special Rapporteur on the Pro- motion and Protection of the Right to Free- dom of Opinion and Expression, the Special Rapporteur on Freedom of Religion or Belief, and the Special Rapporteur on Violence Against Women. (Pub. L. 108–333, title I, § 105, Oct. 18, 2004, 118 Stat. 1291.) § 7816. Establishment of regional framework (a) Findings The Congress finds that human rights initia- tives can be undertaken on a multilateral basis, such as the Organization for Security and Co- operation in Europe (OSCE), which established a regional framework for discussing human rights, scientific and educational cooperation, and eco- nomic and trade issues. (b) Sense of Congress It is the sense of Congress that the United Sates 1 should explore the possibility of a re- gional human rights dialogue with North Korea that is modeled on the Helsinki process, engag- ing all countries in the region in a common commitment to respect human rights and funda- mental freedoms. (Pub. L. 108–333, title I, § 106, Oct. 18, 2004, 118 Stat. 1292.) § 7817. Special Envoy on North Korean human rights issues (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 Spe- cial Envoy should be a person of recognized dis- tinction 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 re- spect for the fundamental human rights of the people of North Korea, including, in coordina- tion 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 pur- suant 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 be- tween the United States and the United Na- tions, the European Union, North Korea, and the other countries in Northeast Asia; (4) consult with non-governmental organiza- tions 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; Page 2017 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7831 (6) review strategies for improving protec- tion of human rights in North Korea, includ- ing technical training and exchange programs; and (7) develop an action plan for supporting im- plementation of the United Nations Commis- sion 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 Spe- cial Envoy shall submit to the appropriate con- gressional committees a report on the activities undertaken in the preceding 12 months under subsection (c). (Pub. L. 108–333, title I, § 107, Oct. 18, 2004, 118 Stat. 1292; Pub. L. 110–346, § 8, Oct. 7, 2008, 122 Stat. 3941; Pub. L. 112–172, § 7, Aug. 16, 2012, 126 Stat. 1309; Pub. L. 115–198, § 7(c), July 20, 2018, 132 Stat. 1523.) Editorial Notes AMENDMENTS 2018—Subsec. (d). Pub. L. 115–198 substituted ‘‘2022’’ for ‘‘2017’’. 2012—Subsec. (d). Pub. L. 112–172 substituted ‘‘2017’’ for ‘‘2012’’. 2008—Pub. L. 110–346, § 8(1), substituted ‘‘North Ko- rean human rights issues’’ for ‘‘human rights in North Korea’’ in section catchline. Subsec. (a). Pub. L. 110–346, § 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 pe- riod 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. 110–346, § 8(3), inserted ‘‘, including, in coordination with the Bureau of Popu- lation, Refugees, and Migration, the protection of those people who have fled as refugees’’ after ‘‘North Korea’’. Subsec. (c). Pub. L. 110–346, § 8(4), added par. (1), redes- ignated 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. 110–346, § 8(5), substituted ‘‘there- after through 2012’’ for ‘‘for the subsequent 5 year-pe- riod’’. Statutory Notes and Related Subsidiaries CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY MEMBERS IN NORTH KOREA Pub. L. 117–263, div. E, title LV, § 5599B, Dec. 23, 2022, 136 Stat. 3400, provided that: ‘‘(a) CONSULTATIONS.— ‘‘(1) CONSULTATIONS WITH SOUTH KOREA.—The Sec- retary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean Amer- ican families with family members in North Korea from which such Korean American families were di- vided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such fam- ily 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 ef- forts to reunite families divided after the signing of the Korean War Armistice Agreement, including po- tential 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 annu- ally 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 con- sultations conducted pursuant to this section during the preceding year.’’ SUBCHAPTER II—ASSISTING NORTH KOREANS IN NEED § 7831. Report on United States humanitarian as- sistance (a) Report Not later than 180 days after October 18, 2004, and annually thereafter through 2022, the Ad- ministrator of the United States Agency for International Development, in conjunction with the Secretary of State, shall submit to the ap- propriate congressional committees a report that describes— (1) all activities to provide humanitarian as- sistance inside North Korea, and to North Ko- reans 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 condi- tions identified in subparagraphs (A) through (D) of section 7832(b)(1) of this title; and (3) specific efforts to secure improved hu- manitarian transparency, monitoring, and ac- cess 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 assist- ance inside North Korea. (c) Form The information required by subsection (a)(1) may be provided in classified form if necessary. (Pub. L. 108–333, title II, § 201, Oct. 18, 2004, 118 Stat. 1293; Pub. L. 108–447, div. D, title V, § 534(j), Dec. 8, 2004, 118 Stat. 3007; Pub. L. 110–346, § 9, Oct. 7, 2008, 122 Stat. 3942; Pub. L. 112–172, § 8, Aug. 16, 2012, 126 Stat. 1309; Pub. L. 115–198, § 7(d), July 20, 2018, 132 Stat. 1523.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–198, § 7(d)(1), substituted ‘‘2022’’ for ‘‘2017’’ in introductory provisions. Subsecs. (b), (c). Pub. L. 115–198, § 7(d)(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c). 2012—Subsec. (a). Pub. L. 112–172 substituted ‘‘2017’’ for ‘‘2012’’ in introductory provisions. 2008—Subsec. (a). Pub. L. 110–346 substituted ‘‘annu- ally thereafter through 2012’’ for ‘‘in each of the 2 years thereafter’’ in introductory provisions. 2004—Subsec. (a)(2). Pub. L. 108–447 substituted ‘‘sub- paragraphs (A) through (D) of section 7832(b)(1) of this title’’ for ‘‘paragraphs (1) through (4) of section 7832(b) of this title’’.