[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 690 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 690

 To expedite the provision of humanitarian assistance, including life-
   saving medical care, to the people of North Korea, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2021

Mr. Markey (for himself and Mr. Cardin) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To expedite the provision of humanitarian assistance, including life-
   saving medical care, to the people of North Korea, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing North Korea Humanitarian 
Assistance Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Providing humanitarian assistance, including to 
        countries subject to sanctions imposed by the United States, is 
        an expression of American values that furthers United States 
        interests around the world and is consistent with international 
        humanitarian law.
            (2) As of February 2020, roughly 10,100,000 people in North 
        Korea are in urgent need of food assistance and roughly 
        10,400,000 need nutrition support and improved access to basic 
        services, including health care, water, sanitation, and hygiene 
        facilities.
            (3) More than 40 percent of people in North Korea are 
        undernourished, and 1 out of every 5 children in the country 
        younger than 5 years of age is stunted in growth.
            (4) More than \1/3\ of household drinking water in North 
        Korea is contaminated.
            (5) Independent experts have identified severe deficiencies 
        in North Korea's public health infrastructure, trained medical 
        personnel, ability to communicate important safety information, 
        and commitment to addressing those deficiencies.
            (6) North Korea has one of the highest burdens of 
        tuberculosis in the world and humanitarian assistance is 
        critical for countering the spread of deadly infectious 
        diseases such as tuberculosis, HIV/AIDS, hepatitis B, and the 
        coronavirus disease 2019 (commonly known as ``COVID-19'').
            (7) North Korea cannot reliably maintain stocks of drugs to 
        treat diseases such as tuberculosis and HIV/AIDS, posing the 
        risk of interrupted treatments, which can lead to treatment 
        failures and resistance to multiple therapies that make 
        treatment significantly more difficult and costly.
            (8) The spread of COVID-19 in North Korea is likely having 
        devastating consequences for the people of that country who are 
        especially vulnerable to a pandemic because of deficiencies in 
        public health infrastructure. The 2019 Global Health Security 
        Index shows North Korea is the third least prepared country in 
        the world to combat a health security crisis.
            (9) While the Government of North Korea has not reported 
        any cases of COVID-19 in the country, the true extent and 
        impact of the novel coronavirus inside North Korea is unknown, 
        and government officials have not historically been open or 
        transparent about humanitarian emergencies facing the people of 
        North Korea.
            (10) Responses to the COVID-19 crisis, including border 
        closings and quarantines, have caused economic shock and 
        hampered international efforts that would otherwise be 
        providing life-saving support to the people of North Korea.
            (11) In its final report published on August 28, 2020, the 
        United Nations Panel of Experts on North Korea found that 
        ``there can be little doubt that United Nations sanctions have 
        had unintended effects on the humanitarian situation and aid 
        operations within the Democratic People's Republic of Korea''.
            (12) Barriers to humanitarian access can result from 
        decisions made or delayed by the Government of North Korea, by 
        the governments of other countries, including the governments 
        of the United States and the People's Republic of China, and by 
        the Committee of the United Nations Security Council 
        established by United Nations Security Council Resolution 1718 
        (2006) (referred to in this Act as the ``1718 Sanctions 
        Committee'').
            (13) Nongovernmental organizations that provide 
        humanitarian assistance in North Korea must typically seek 
        simultaneous authorizations from the Department of the 
        Treasury, the Department of State, the Department of Commerce, 
        the 1718 Sanctions Committee, customs officials in the People's 
        Republic of China, and the Government of North Korea, adding 
        further delays to humanitarian access.
            (14) The 1718 Sanctions Committee issued the document 
        entitled ``Implementation Assistance Notice No. 7'' on August 
        6, 2018, to clarify the process for granting requests for 
        humanitarian exemptions by the United Nations and to reaffirm 
        that sanctions are not intended to have adverse humanitarian 
        consequences for civilians in North Korea. That guidance was 
        updated on December 1, 2020, to help streamline permissions for 
        COVID-19-related aid and to extend humanitarian waivers from 6 
        to 9 months.
            (15) United States Government travel restrictions impede 
        the access of United States employees of humanitarian 
        organizations inside North Korea and can complicate the 
        monitoring and evaluation procedures that nongovernmental 
        organizations have used to ensure that aid reaches the most 
        vulnerable populations.
            (16) Humanitarian exceptions in comprehensive sanctions 
        programs, such as the exceptions under section510.512 of the 
        North Korea Sanctions Regulations, are not effective unless the 
        persons who provide assistance along with their financial 
        institutions, suppliers, shippers, and other entities can make 
        practical use of the exceptions.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the interagency review mandated by the national 
        security memorandum issued by President Joseph R. Biden, Jr., 
        on January 21, 2021, and entitled ``National Security 
        Memorandum on United States Global Leadership to Strengthen the 
        International COVID-19 Response and to Advance Global Health 
        Security and Biological Preparedness'', offers an opportunity 
        to make appropriate adjustments to United States and 
        multilateral sanctions to ensure that such sanctions do not 
        inadvertently hinder humanitarian access to the people of North 
        Korea;
            (2) national governments and multilateral authorities must 
        take action to mitigate documented delays and ensure that 
        sanctions imposed with respect to North Korea do not hinder 
        efforts to provide humanitarian relief, including life-saving 
        medical care to combat COVID-19, to the people of North Korea;
            (3) the Department of the Treasury should provide timely 
        and meaningful responses to requests for specific licenses 
        given that humanitarian organizations typically have a limited 
        time to execute projects that must be approved by multiple 
        United States Government agencies and foreign governments;
            (4) because humanitarian assistance is unlikely to enable 
        large-scale sanctions evasion and revenue generation, sanctions 
        enforcement should focus on ongoing North Korean activities, 
        including ship-to-ship transfers of coal and other goods, 
        cyberattacks, and the use of forced labor abroad, all 
        highlighted in reports issued by the United Nations Panel of 
        Experts on North Korea and other authoritative sources;
            (5) financial institutions should recognize and consider 
        the reputational and practical costs of impeding legitimate 
        efforts to deliver life-saving aid to North Korea; and
            (6) as of February 2021, the Department of State's travel 
        ban for humanitarian missions to North Korea, introduced in 
        2017, is inconsistent with the intent of the North Korea 
        Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9201 et 
        seq.), which explicitly exempted work related to the 
        repatriation of the remains of United States veterans.

SEC. 4. ENHANCING EXEMPTIONS FROM UNITED STATES SANCTIONS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Treasury, acting through 
the Director of the Office of Foreign Assets Control, shall take 1 or 
more of the following actions:
            (1) Modify the humanitarian exception under section510.512 
        of the North Korea Sanctions Regulations to cover, in addition 
        to the food and medicine already exempted, goods and other 
        items that are not subject to the Export Administration 
        Regulations and that support humanitarian projects to meet 
        basic human needs in North Korea so that no specific license is 
        required for such items.
            (2)(A) Modify the North Korea Sanctions Regulations to 
        exempt from a requirement for a specific license a published 
        list of nonsensitive items, in addition to the food and 
        medicine already covered by section 510.512 of the North Korea 
        Sanctions Regulations, used in humanitarian operations in North 
        Korea in furtherance of the purposes set forth in section 4 of 
        the North Korean Human Rights Act of 2004 (22 U.S.C. 7802);
            (B) ensure that the list reflects the relevant 
        recommendations included in the final report, published on 
        February 7, 2020, of the Panel of Experts established pursuant 
        to United Nations Security Council Resolution 1874 (2009); and
            (C) review and republish the list, in consultation with the 
        Secretary of State and the Administrator of the United States 
        Agency for International Development, every 180 days and in 
        response to requests by nongovernmental organizations that have 
        previously engaged in authorized humanitarian activities in 
        North Korea.
            (3) Modify the North Korea Sanctions Regulations so that--
                    (A) a specific license from the Office of Foreign 
                Assets Control of the Department of the Treasury is not 
                required for partnerships and partnership agreements 
                between nongovernmental organizations and persons owned 
                or controlled by the Government of North Korea that are 
                necessary for nongovernmental organizations to provide 
                otherwise authorized services related to humanitarian 
                activity in North Korea; and
                    (B) a specific license is still required for any 
                partnerships and partnership agreements with persons on 
                the list of specially designated nationals and blocked 
                persons maintained by the Office of Foreign Assets 
                Control.
    (b) Briefing.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of the Treasury shall provide to 
the appropriate congressional committees a briefing--
            (1) for each action described in subsection (a), describing 
        whether the action was taken and providing a justification for 
        the decision to take or not take the action; and
            (2) detailing the benefits and risks associated with 
        establishing a category of recognized nongovernmental 
        organizations that would be exempt from requirements for 
        specific licenses related to dealings with the Government of 
        North Korea or persons on the list of specially designated 
        nationals and blocked persons maintained by the Office of 
        Foreign Assets Control for purposes of transactions involving 
        goods other than food or medicine to support authorized 
        humanitarian activities in North Korea.
    (c) Modification to North Korea Sanctions Regulations.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of the Treasury shall modify the North Korea Sanctions Regulations so 
that personal computers and related peripherals that support authorized 
humanitarian activities by nongovernmental organizations are not 
considered to be ``luxury goods''.
    (d) Guidance.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of the Treasury, acting through 
the Director of the Office of Foreign Assets Control, shall issue 
plainly worded guidance intended for financial institutions, shipping 
companies, foreign customs officials, and others involved in 
transactions related to humanitarian assistance that--
            (1) clarifies the applicability of the humanitarian 
        exception under the North Korea Sanctions Regulations; and
            (2) describes best practices for ensuring that activities 
        are consistent with that exception.
    (e) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, and every 120 days thereafter, the Secretary of 
the Treasury, acting through the Director of the Office of Foreign 
Assets Control and in consultation with the Secretary of State, shall 
submit to the appropriate congressional committees a report that 
includes--
            (1) a list of specific licenses related to humanitarian 
        assistance in North Korea issued by the Office of Foreign 
        Assets Control during the 120-day period immediately preceding 
        the submission of the report;
            (2) a list of requests for specific licenses related to 
        humanitarian assistance in North Korea denied by the Office of 
        Foreign Assets Control during such 120-day period, including 
        explanations for the denials;
            (3) a list of requests for specific licenses related to 
        humanitarian assistance in North Korea that have been pending 
        for 30 days or more as of the date on which the report is 
        submitted, including explanations for the delays;
            (4) a list of requests by non-United States persons for 
        sanctions waivers related to humanitarian assistance in North 
        Korea that have been pending for 30 days or more as of the date 
        on which the report is submitted, including explanations for 
        the delays; and
            (5) a description of recent efforts to streamline the 
        process by which nongovernmental organizations engaged in 
        humanitarian activity in North Korea apply for and are granted 
        specific licenses or waivers.

SEC. 5. ENHANCING MULTILATERAL SANCTIONS EXEMPTIONS.

    (a) In General.--The Secretary of State shall direct the United 
States Permanent Representative to the United Nations to use the voice, 
vote, and influence of the United States to urge the United Nations--
            (1) to extend the period for humanitarian exemptions from 
        the 1718 Sanctions Committee to 1 year and remove the 
        limitation on exemption applications per organization per year;
            (2) to apply lessons learned from expedited approvals of 
        requests for humanitarian exemptions during the COVID-19 
        pandemic to speed approval at the 1718 Sanctions Committee of 
        other critical exemption requests, such as requests that would 
        address urgent needs identified in the annual reports of the 
        United Nations on needs and priorities for North Korea; and
            (3) to modify applications for humanitarian exemptions from 
        the 1718 Sanctions Committee to be less burdensome for 
        nongovernmental organizations, drawing as appropriate on 
        successes in approaches taken by other United Nations sanctions 
        committees.
    (b) Reporting.--Not later than 90 days after the date of the 
enactment of this Act, and every 180 days thereafter, the Secretary of 
State shall submit to the appropriate congressional committees a 
report--
            (1) describing any requests for humanitarian exemptions to 
        the 1718 Sanctions Committee known to have been denied in the 
        180 days preceding submission of the report or known to have 
        been in process for more than 30 days as of the date of the 
        report, and any known explanations for such denials and delays;
            (2) detailing any action by a foreign government in the 180 
        days preceding submission of the report that has delayed or 
        impeded humanitarian assistance approved by the 1718 Sanctions 
        Committee, including the status of obstacles to humanitarian 
        assistance posed by customs officials in the People's Republic 
        of China; and
            (3) describing efforts in the 180 days preceding submission 
        of the report to establish or maintain an approved banking 
        channel for transactions related to humanitarian assistance for 
        North Korea.

SEC. 6. STREAMLINING HUMANITARIAN TRAVEL AUTHORIZATIONS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State shall provide to the appropriate congressional 
committees a briefing--
            (1) detailing the benefits and risks associated with 
        issuing a ``multi-entry special validation passport'' to 
        individuals employed by a nongovernmental organization known to 
        be engaged in authorized humanitarian activity in North Korea, 
        with the purpose of reducing costs and delays associated with 
        repeated passport applications;
            (2) detailing plans to expand eligibility for special 
        validation to travel to North Korea related to repatriation of 
        United States veterans remains from the Korean War and 
        appropriate people-to-people exchanges related to conflict 
        reduction or family reunification; and
            (3) setting forth a strategy to otherwise expedite and 
        simplify the process to obtain a special travel permit to 
        travel to North Korea on behalf of a humanitarian organization 
        or to travel to North Korea using a United States passport to 
        deliver or oversee humanitarian assistance.

SEC. 7. DEFINITIONS.

    In this Act:
            (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) Export administration regulations.--The term ``Export 
        Administration Regulations'' means the regulations set forth in 
        subchapter C of chapter VII of title 15, Code of Federal 
        Regulations, or successor regulations.
            (3) North korea sanctions regulations.--The term ``North 
        Korea Sanctions Regulations'' means the regulations set forth 
        in part 510 of title 31, Code of Federal Regulations, or 
        successor regulations.
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