dreamproit/uscode huggingface dataset:
22 U.S.C. § 7712 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7712. Annual report
(a) Report
Not later than March 31, 2005, and each March 31 thereafter, the President shall submit to Congress a report on the assistance provided under section 7704 of this title during the prior fiscal year.
(b) Contents
The report shall include the following:
(1) The amount of obligations and expenditures for assistance provided to each eligible country during the prior fiscal year.
(2) For each eligible country, an assessment of—
(A) the progress made during each year by the country toward achieving the objectives set out in the Compact entered into by the country; and
(B) the extent to which assistance provided under section 7704 of this title has been effective in helping the country to achieve such objectives.
(3) A description of the coordination of assistance provided under section 7704 of this title with other United States foreign assistance and related trade policies.
(4) A description of the coordination of assistance provided under section 7704 of this title with assistance provided by other donor countries.
(5) Any other information the President considers relevant with respect to assistance provided under section 7704 of this title.
(Pub. L. 108–199, div. D, title VI, § 613, Jan. 23, 2004, 118 Stat. 221.)
heading: Assignment of Function To Submit a Report Relating to Millennium Challenge Corporation Activities
text: Memorandum of President of the United States, Mar. 31, 2005, 70 F.R. 17195, provided:
Memorandum for the Secretary of State
Consistent with section 301 of title 3, United States Code, the function of the President under section 613 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 (Division D of Public Law 108–199) [22 U.S.C. 7712] is assigned to the Secretary of State.
The Secretary of State shall perform such function in a manner consistent with the President’s constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties. Heads of departments and agencies shall, to the extent permitted by law, furnish to the Secretary information the Secretary requests to perform such function, in the format and on the schedule specified by the Secretary.
Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
22 U.S.C. § 7714 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7714. Coordination with United States Agency for International Development
(a) Requirement for coordination
The Chief Executive Officer shall consult with the Administrator of the United States Agency for International Development in order to coordinate the activities of the Corporation with the activities of the Agency.
(b) USAID programs
The Administrator of the United States Agency for International Development shall seek to ensure that appropriate programs of the Agency play a primary role in preparing candidate countries to become eligible countries.
(Pub. L. 108–199, div. D, title VI, § 615, Jan. 23, 2004, 118 Stat. 224.)
22 U.S.C. § 7715 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7715. Assistance to certain candidate countries
(a) Authorization
The Board, acting through the Chief Executive Officer, is authorized to provide assistance to a candidate country described in subsection (b) for the purpose of assisting such country to become an eligible country.
(b) Candidate country described
A candidate country referred to in subsection (a) is a candidate country that—
(1) satisfies the requirements contained in subsection (a) or (b) of section 7705 of this title; and
(2) demonstrates a significant commitment to meet the requirements of section 7706(b) of this title but fails to meet such requirements (including by reason of the absence or unreliability of data).
(c) Administration
Assistance under this section may be provided through the United States Agency for International Development.
(d) Funding
Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section 7718(a) of this title for fiscal year 2004 is authorized to be made available to carry out this section.
(Pub. L. 108–199, div. D, title VI, § 616, Jan. 23, 2004, 118 Stat. 224; Pub. L. 109–13, div. A, title II, § 2109, May 11, 2005, 119 Stat. 268.)
heading: Amendments
text: 2005—Subsec. (b)(1). Pub. L. 109–13 substituted “subsection (a) or (b) of section 7705” for “subparagraphs (A) and (B) of section 7705(a)(1)”.
22 U.S.C. § 7716 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7716. General personnel authorities
(a) Detail of personnel
Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such agency to the Corporation on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.
(b) Reemployment rights
(1) In general
An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Corporation, is entitled to be reemployed in such employee’s former position or a position of like seniority, status, and pay in such agency, if such employee—
(A) is separated from the Corporation for any reason, other than misconduct, neglect of duty, or malfeasance; and
(B) applies for reemployment not later than 90 days after the date of separation from the Corporation.
(2) Specific rights
An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, on reemployment, is entitled to at least the rate of basic pay to which such employee would have been entitled had such employee never transferred.
(c) Hiring authority
Of persons employed by the Corporation, not to exceed 30 persons may be appointed, compensated, or removed without regard to the civil service laws and regulations.
(d) Basic pay
The Chief Executive Officer may fix the rate of basic pay of employees of the Corporation without regard to the provisions of chapter 51 of title 5 (relating to the classification of positions), subchapter III of chapter 53 of such title (relating to General Schedule pay rates), except that no employee of the Corporation may receive a rate of basic pay that exceeds the rate for level II of the Executive Schedule under section 5313 of such title.
(e) Definitions
In this section—
(1) the term “agency” means an executive agency, as defined by section 105 of title 5; and
(2) the term “detail” means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Corporation.
(Pub. L. 108–199, div. D, title VI, § 617, Jan. 23, 2004, 118 Stat. 224.)
22 U.S.C. § 7717 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7717. Personnel outside the United States
(a) Assignment to United States embassies
An employee of the Corporation, including an individual detailed to or contracted by the Corporation, may be assigned to a United States diplomatic mission or consular post or a United States Agency for International Development field mission.
(b) Privileges and immunities
The Secretary of State shall seek to ensure that an employee of the Corporation, including an individual detailed to or contracted by the Corporation, and the members of the family of such employee, while the employee is performing duties in any country or place outside the United States, enjoy the privileges and immunities that are enjoyed by a member of the Foreign Service, or the family of a member of the Foreign Service, as appropriate, of comparable rank and salary of such employee, if such employee or a member of the family of such employee is not a national of or permanently resident in such country or place.
(c) Responsibility of chief of mission
An employee of the Corporation, including an individual detailed to or contracted by the Corporation, and a member of the family of such employee, shall be subject to section 3927 of this title in the same manner as United States Government employees while the employee is performing duties in any country or place outside the United States if such employee or member of the family of such employee is not a national of or permanently resident in such country or place.
(Pub. L. 108–199, div. D, title VI, § 618, Jan. 23, 2004, 118 Stat. 225.)
22 U.S.C. § 7718 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7718. Authorization of appropriations
(a) Authorization of appropriations
There are authorized to be appropriated to carry out this chapter such sums as may be necessary for each of the fiscal years 2004 and 2005.
(b) Allocation of funds
(1) In general
The Corporation may allocate or transfer to any agency of the United States Government any of the funds available for carrying out this chapter. Such funds shall be available for obligation and expenditure for the purposes for which the funds were authorized, in accordance with authority granted in this chapter or under authority governing the activities of the United States Government agency to which such funds are allocated or transferred.
(2) Notification
The Corporation shall notify the appropriate congressional committees not less than 15 days prior to an allocation or transfer of funds pursuant to paragraph (1).
(Pub. L. 108–199, div. D, title VI, § 619, Jan. 23, 2004, 118 Stat. 225.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(1), was in the original “this title”, meaning title VI of Pub. L. 108–199, div. D, Jan. 23, 2004, 118 Stat. 211, which is classified generally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 7701 of this title and Tables.
22 U.S.C. § 7802 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 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.
(Pub. L. 108–333, § 4, Oct. 18, 2004, 118 Stat. 1290.)
22 U.S.C. § 7803 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7803. Definitions
In this chapter:
(1) Appropriate congressional committees
The term “appropriate congressional committees” 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 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.
(Pub. L. 108–333, § 5, Oct. 18, 2004, 118 Stat. 1290; Pub. L. 110–346, § 4, Oct. 7, 2008, 122 Stat. 3941.)
heading: Amendments
text: 2008—Par. (1)(A). Pub. L. 110–346 substituted “Foreign Affairs” for “International Relations”.
22 U.S.C. § 7811 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 concerned parties in Northeast Asia.
(Pub. L. 108–333, title I, § 101, Oct. 18, 2004, 118 Stat. 1290.)
22 U.S.C. § 7812 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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, 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 and $2,000,000 for each of fiscal years 2009 through 2017 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.
(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.)
heading: Amendments
text: 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”.
22 U.S.C. § 7813 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7813. Radio broadcasting to North Korea
(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.
(Pub. L. 108–333, title I, § 103, Oct. 18, 2004, 118 Stat. 1291.)
22 U.S.C. § 7814 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7814. Actions to promote freedom of information
(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 2017 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 annually through 2017, 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.
(Pub. L. 108–333, title I, § 104, Oct. 18, 2004, 118 Stat. 1291; Pub. L. 110–346, § 7, Oct. 7, 2008, 122 Stat. 3941; Pub. L. 112–172, § 6, Aug. 16, 2012, 126 Stat. 1309.)
heading: Amendments
text: 2012—Subsecs. (b)(1), (c). Pub. L. 112–172 substituted “2017” for “2012”.
2008—Subsec. (b)(1). Pub. L. 110–346, § 7(1), substituted “2012” for “2008”.
Subsec. (c). Pub. L. 110–346, § 7(2), substituted “annually through 2012” for “in each of the 3 years thereafter”.
22 U.S.C. § 7815 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7815. United Nations Commission on Human Rights
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.
(Pub. L. 108–333, title I, § 105, Oct. 18, 2004, 118 Stat. 1291.)
22 U.S.C. § 7816 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7816. Establishment of regional framework
(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.
(Pub. L. 108–333, title I, § 106, Oct. 18, 2004, 118 Stat. 1292.)
22 U.S.C. § 7831 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7831. Report on United States humanitarian assistance
(a) Report
Not later than 180 days after October 18, 2004, and annually thereafter through 2017, 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.
(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.)
heading: Amendments
text: 2012—Subsec. (a). Pub. L. 112–172 substituted “2017” for “2012” in introductory provisions.
2008—Subsec. (a). Pub. L. 110–346 substituted “annually thereafter through 2012” for “in each of the 2 years thereafter” in introductory provisions.
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”.
22 U.S.C. § 7832 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.
(Pub. L. 108–333, title II, § 202, Oct. 18, 2004, 118 Stat. 1293.)