§7834 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary of State must pick a person to give regular, unclassified briefings to the right congressional committees about U.S. efforts to protect North Korean children and children with one North Korean parent who live outside North Korea. The briefings must cover the State Department’s view of the problems these children face, what the U.S. is doing to help their care and family reunification, and, when appropriate in individual cases, possible adoptions. The briefings must also explain the State Department’s plan to handle intercountry adoptions by U.S. citizens (including legal and jurisdiction problems in Hague and non‑Hague countries), diplomatic work to get other countries to fix statelessness issues, and efforts with the Government of South Korea to run pilot programs that find, care for, and help reunite these children.

Title 22, §7834

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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.

Notes & Related Subsidiaries

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 Pub. L. 112–264, § 3, Jan. 14, 2013, 126 Stat. 2432, provided that: “In this Act [enacting this section and provisions set out as a note under section 7801 of this title]: “(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. “(2) Hague country.—The term ‘Hague country’ means a country where the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague

May 29, 1993, has entered into force and is fully implemented. “(3) Non-hague country.—The term ‘non-Hague country’ means a country where the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague

May 29, 1993, has not entered into force.”

§7834 Briefings on the welfare of North Korean children

Summary

Title 22, §7834

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata