-CITE-
    22 USC CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS               01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS

-HEAD-
                  CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS              

-MISC1-
    Sec.                                                     
    7801.       Findings.                                             
    7802.       Purposes.                                             
    7803.       Definitions.                                          

        SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS    
    7811.       Sense of Congress regarding negotiations with North
                 Korea.                                               
    7812.       Support for human rights and democracy programs.      
    7813.       Radio broadcasting to North Korea.                    
    7814.       Actions to promote freedom of information.            
    7815.       United Nations Commission on Human Rights.            
    7816.       Establishment of regional framework.                  
    7817.       Special Envoy on human rights in North Korea.         

              SUBCHAPTER II - ASSISTING NORTH KOREANS IN NEED          
    7831.       Report on United States humanitarian assistance.      
    7832.       Assistance provided inside North Korea.               
    7833.       Assistance provided outside of North Korea.           

             SUBCHAPTER III - PROTECTING NORTH KOREAN REFUGEES         
    7841.       United States policy toward refugees and defectors.   
    7842.       Eligibility for refugee or asylum consideration.      
    7843.       Facilitating submission of applications for admission
                 as a refugee.                                        
    7844.       United Nations High Commissioner for Refugees.        
    7845.       Annual reports.                                       

-End-

-CITE-
    22 USC Sec. 7801                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS

-HEAD-
    Sec. 7801. Findings

-STATUTE-
      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
      executions, and in which many prisoners also die from disease,
      starvation, and exposure.
        (8) According to eyewitness testimony provided to the United
      States Congress by North Korean camp survivors, camp inmates have
      been used as sources of slave labor for the production of export
      goods, as targets for martial arts practice, and as experimental
      victims in the testing of chemical and biological poisons.
        (9) According to credible reports, including eyewitness
      testimony provided to the United States Congress, North Korean
      Government officials prohibit live births in prison camps, and
      forced abortion and the killing of newborn babies are standard
      prison practices.
        (10) According to the Department of State, "[g]enuine religious
      freedom does not exist in North Korea" and, according to the
      United States Commission on International Religious Freedom,
      "[t]he North Korean state severely represses public and private
      religious activities" with penalties that reportedly include
      arrest, imprisonment, torture, and sometimes execution.
        (11) More than 2,000,000 North Koreans are estimated to have
      died of starvation since the early 1990s because of the failure
      of the centralized agricultural and public distribution systems
      operated by the Government of North Korea.
        (12) According to a 2002 United Nations-European Union survey,
      nearly one out of every ten children in North Korea suffers from
      acute malnutrition and four out of every ten children in North
      Korea are chronically malnourished.
        (13) Since 1995, the United States has provided more than
      2,000,000 tons of humanitarian food assistance to the people of
      North Korea, primarily through the World Food Program.
        (14) Although United States food assistance has undoubtedly
      saved many North Korean lives and there have been minor
      improvements in transparency relating to the distribution of such
      assistance in North Korea, the Government of North Korea
      continues to deny the World Food Program forms of access
      necessary to properly monitor the delivery of food aid, including
      the ability to conduct random site visits, the use of native
      Korean-speaking employees, and travel access throughout North
      Korea.
        (15) The risk of starvation, the threat of persecution, and the
      lack of freedom and opportunity in North Korea have caused large
      numbers, perhaps even hundreds of thousands, of North Koreans to
      flee their homeland, primarily into China.
        (16) North Korean women and girls, particularly those who have
      fled into China, are at risk of being kidnapped, trafficked, and
      sexually exploited inside China, where many are sold as brides or
      concubines, or forced to work as prostitutes.
        (17) The Governments of China and North Korea have been
      conducting aggressive campaigns to locate North Koreans who are
      in China without permission and to forcibly return them to North
      Korea, where they routinely face torture and imprisonment, and
      sometimes execution.
        (18) Despite China's obligations as a party to the 1951 United
      Nations Convention Relating to the Status of Refugees and the
      1967 Protocol Relating to the Status of Refugees, China routinely
      classifies North Koreans seeking asylum in China as mere
      "economic migrants" and returns them to North Korea without
      regard to the serious threat of persecution they face upon their
      return.
        (19) The Government of China does not provide North Koreans
      whose asylum requests are rejected a right to have the rejection
      reviewed prior to deportation despite its obligations under the
      1951 United Nations Convention Relating to the Status of Refugees
      and the 1967 Protocol Relating to the Status of Refugees.
        (20) North Koreans who seek asylum while in China are routinely
      imprisoned and tortured, and in some cases killed, after they are
      returned to North Korea.
        (21) The Government of China has detained, convicted, and
      imprisoned foreign aid workers attempting to assist North Korean
      refugees in proceedings that did not comply with Chinese law or
      international standards.
        (22) In January 2000, North Korean agents inside China
      allegedly abducted the Reverend Kim Dong-shik, a United States
      permanent resident and advocate for North Korean refugees, whose
      condition and whereabouts remain unknown.
        (23) Between 1994 and 2003, South Korea has admitted
      approximately 3,800 North Korean refugees for domestic
      resettlement, a number that is small in comparison with the total
      number of North Korean escapees but far greater than the number
      legally admitted in any other country.
        (24) Although the principal responsibility for North Korean
      refugee resettlement naturally falls to the Government of South
      Korea, the United States should play a leadership role in
      focusing international attention on the plight of these refugees,
      and formulating international solutions to that profound
      humanitarian dilemma.
        (25) In addition to infringing the rights of its own citizens,
      the Government of North Korea has been responsible in years past
      for the abduction of numerous citizens of South Korea and Japan,
      whose condition and whereabouts remain unknown.

-SOURCE-
    (Pub. L. 108-333, Sec. 3, Oct. 18, 2004, 118 Stat. 1287.)

-MISC1-
                                SHORT TITLE                            
      Pub. L. 108-333, Sec. 1, Oct. 18, 2004, 118 Stat. 1287, provided
    that: "This Act [enacting this chapter] may be cited as the 'North
    Korean Human Rights Act of 2004'."

-End-

-CITE-
    22 USC Sec. 7802                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS

-HEAD-
    Sec. 7802. Purposes

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 108-333, Sec. 4, Oct. 18, 2004, 118 Stat. 1290.)

-End-

-CITE-
    22 USC Sec. 7803                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS

-HEAD-
    Sec. 7803. Definitions

-STATUTE-
      In this chapter:
      (1) Appropriate congressional committees
        The term "appropriate congressional committees" means - 
          (A) the Committee on International Relations of the House of
        Representatives; and
          (B) the Committee on Foreign Relations of the Senate.
      (2) China
        The term "China" means the People's 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 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 Republic of Korea.

-SOURCE-
    (Pub. L. 108-333, Sec. 5, Oct. 18, 2004, 118 Stat. 1290.)

-End-

-CITE-
    22 USC SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH
           KOREANS                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

-HEAD-
        SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS    

-End-

-CITE-
    22 USC Sec. 7811                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

-HEAD-
    Sec. 7811. Sense of Congress regarding negotiations with North
      Korea

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 108-333, title I, Sec. 101, Oct. 18, 2004, 118 Stat.
    1290.)

-End-

-CITE-
    22 USC Sec. 7812                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

-HEAD-
    Sec. 7812. Support for human rights and democracy programs

-STATUTE-
    (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.
    (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 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.

-SOURCE-
    (Pub. L. 108-333, title I, Sec. 102, Oct. 18, 2004, 118 Stat.
    1290.)

-End-

-CITE-
    22 USC Sec. 7813                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

-HEAD-
    Sec. 7813. Radio broadcasting to North Korea

-STATUTE-
    (a) Sense of Congress
      It is the sense of Congress that the United States should
    facilitate the unhindered dissemination of information in North
    Korea by increasing its support for radio broadcasting to North
    Korea, and that the Broadcasting Board of Governors should increase
    broadcasts 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.
    (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.

-SOURCE-
    (Pub. L. 108-333, title I, Sec. 103, Oct. 18, 2004, 118 Stat.
    1291.)

-End-

-CITE-
    22 USC Sec. 7814                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

-HEAD-
    Sec. 7814. Actions to promote freedom of information

-STATUTE-
    (a) Actions
      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.
    (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 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 in each of the
    3 years thereafter, 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.

-SOURCE-
    (Pub. L. 108-333, title I, Sec. 104, Oct. 18, 2004, 118 Stat.
    1291.)

-End-

-CITE-
    22 USC Sec. 7815                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

-HEAD-
    Sec. 7815. United Nations Commission on Human Rights

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 108-333, title I, Sec. 105, Oct. 18, 2004, 118 Stat.
    1291.)

-End-

-CITE-
    22 USC Sec. 7816                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

-HEAD-
    Sec. 7816. Establishment of regional framework

-STATUTE-
    (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 (!1) 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.

-SOURCE-
    (Pub. L. 108-333, title I, Sec. 106, Oct. 18, 2004, 118 Stat.
    1292.)

-FOOTNOTE-
    (!1) So in original. Probably should be "States".

-End-

-CITE-
    22 USC Sec. 7817                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER I - PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

-HEAD-
    Sec. 7817. Special Envoy on human rights in North Korea

-STATUTE-
    (a) Special Envoy
      The President shall appoint a special envoy for human rights in
    North Korea within the Department of State (hereafter in this
    section referred to as the "Special Envoy"). The Special Envoy
    should be a person of recognized distinction in the field of human
    rights.
    (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.
    (c) Duties and responsibilities
      The Special Envoy shall - 
        (1) engage in discussions with North Korean officials regarding
      human rights;
        (2) 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;
        (3) consult with non-governmental organizations who have
      attempted to address human rights in North Korea;
        (4) make recommendations regarding the funding of activities
      authorized in section 7812 of this title;
        (5) review strategies for improving protection of human rights
      in North Korea, including technical training and exchange
      programs; and
        (6) 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 for
    the subsequent 5 year-period,(!1) the Special Envoy shall submit to
    the appropriate congressional committees a report on the activities
    undertaken in the preceding 12 months under subsection (c).

-SOURCE-
    (Pub. L. 108-333, title I, Sec. 107, Oct. 18, 2004, 118 Stat.
    1292.)

-FOOTNOTE-
    (!1) So in original. Probably should be "5-year period,".

-End-

-CITE-
    22 USC SUBCHAPTER II - ASSISTING NORTH KOREANS IN NEED      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER II - ASSISTING NORTH KOREANS IN NEED

-HEAD-
              SUBCHAPTER II - ASSISTING NORTH KOREANS IN NEED          

-End-

-CITE-
    22 USC Sec. 7831                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER II - ASSISTING NORTH KOREANS IN NEED

-HEAD-
    Sec. 7831. Report on United States humanitarian assistance

-STATUTE-
    (a) Report
      Not later than 180 days after October 18, 2004, and in each of
    the 2 years thereafter, 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) Form
      The information required by subsection (a)(1) may be provided in
    classified form if necessary.

-SOURCE-
    (Pub. L. 108-333, title II, Sec. 201, Oct. 18, 2004, 118 Stat.
    1293; Pub. L. 108-447, div. D, title V, Sec. 534(j), Dec. 8, 2004,
    118 Stat. 3007.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(2). Pub. L. 108-447 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".

-End-

-CITE-
    22 USC Sec. 7832                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER II - ASSISTING NORTH KOREANS IN NEED

-HEAD-
    Sec. 7832. Assistance provided inside North Korea

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 108-333, title II, Sec. 202, Oct. 18, 2004, 118 Stat.
    1293.)

-End-

-CITE-
    22 USC Sec. 7833                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER II - ASSISTING NORTH KOREANS IN NEED

-HEAD-
    Sec. 7833. Assistance provided outside of North Korea

-STATUTE-
    (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(14) 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
      $20,000,000 for each of the fiscal years 2005 through 2008 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.

-SOURCE-
    (Pub. L. 108-333, title II, Sec. 203, Oct. 18, 2004, 118 Stat.
    1294.)

-End-

-CITE-
    22 USC SUBCHAPTER III - PROTECTING NORTH KOREAN REFUGEES    01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER III - PROTECTING NORTH KOREAN REFUGEES

-HEAD-
             SUBCHAPTER III - PROTECTING NORTH KOREAN REFUGEES         

-End-

-CITE-
    22 USC Sec. 7841                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER III - PROTECTING NORTH KOREAN REFUGEES

-HEAD-
    Sec. 7841. United States policy toward refugees and defectors

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 108-333, title III, Sec. 301, Oct. 18, 2004, 118 Stat.
    1295.)

-End-

-CITE-
    22 USC Sec. 7842                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER III - PROTECTING NORTH KOREAN REFUGEES

-HEAD-
    Sec. 7842. Eligibility for refugee or asylum consideration

-STATUTE-
    (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 People's Republic of Korea shall not be
    considered a national of the Republic of Korea.

-SOURCE-
    (Pub. L. 108-333, title III, Sec. 302, Oct. 18, 2004, 118 Stat.
    1295.)

-End-

-CITE-
    22 USC Sec. 7843                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER III - PROTECTING NORTH KOREAN REFUGEES

-HEAD-
    Sec. 7843. Facilitating submission of applications for admission as
      a refugee

-STATUTE-
      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).

-SOURCE-
    (Pub. L. 108-333, title III, Sec. 303, Oct. 18, 2004, 118 Stat.
    1296.)

-End-

-CITE-
    22 USC Sec. 7844                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER III - PROTECTING NORTH KOREAN REFUGEES

-HEAD-
    Sec. 7844. United Nations High Commissioner for Refugees

-STATUTE-
    (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 People's Republic of China to UNHCR Branch Office in the
      People's 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.

-SOURCE-
    (Pub. L. 108-333, title III, Sec. 304, Oct. 18, 2004, 118 Stat.
    1296.)

-End-

-CITE-
    22 USC Sec. 7845                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 85 - NORTH KOREAN HUMAN RIGHTS
    SUBCHAPTER III - PROTECTING NORTH KOREAN REFUGEES

-HEAD-
    Sec. 7845. Annual reports

-STATUTE-
    (a) Immigration information
      Not later than 1 year after October 18, 2004, and every 12 months
    thereafter for each of the following 5 years, 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 - 
        (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; and
        (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.
    (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.

-SOURCE-
    (Pub. L. 108-333, title III, Sec. 305, Oct. 18, 2004, 118 Stat.
    1297.)

-End-