SUBCHAPTER II—ASSISTING NORTH KOREANS IN NEED
§7831. Report on United States humanitarian assistance
(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
(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.
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Editorial Notes
Amendments
2018—Subsec. (a).
Subsecs. (b), (c).
2012—Subsec. (a).
2008—Subsec. (a).
2004—Subsec. (a)(2).
§7832. Assistance provided inside North Korea
(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 Korea's 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.
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§7833. Assistance provided outside of North Korea
(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) 1 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.
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Editorial Notes
References in Text
Amendments
2018—Subsec. (c)(1).
2013—Subsec. (b)(2).
2012—Subsec. (c)(1).
2008—Subsec. (c)(1).
1 See References in Text note below.
§7834. Briefings on the welfare of North Korean children
(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 Secretary's 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.
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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
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