[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5257 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5257

 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

                             August 5, 2026

Mr. Markey (for himself and Ms. Warren) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 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 of 2026''.

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 and promoting peace.
            (2) As of 2025, roughly 11,800,000 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 45 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) One-third 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 the ability to address 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.
            (7) North Korea cannot reliably maintain stocks of drugs to 
        treat diseases such as tuberculosis 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) 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''.
            (9) 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'').
            (10) 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.
            (11) 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. It was updated again on June 2, 2023, to further 
        streamline the exemption process and to reflect United Nations 
        Security Council Resolution 2664 (2022), which created a 
        standing humanitarian carve-out from the asset-freeze measures 
        while leaving other sanctions measures subject to case-by-case 
        exemptions.
            (12) 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.
            (13) Humanitarian exceptions in comprehensive sanctions 
        programs, such as the exceptions under section 510.512 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, including the ability to make 
        use of humanitarian exemptions without delay or extended review 
        periods.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) 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 to the people of North 
        Korea;
            (2) 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;
            (3) 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;
            (4) financial institutions should recognize and consider 
        the reputational and practical costs of impeding legitimate 
        efforts to deliver life saving aid to North Korea; and
            (5) as of July 2026, 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 the 
following actions:
            (1) Modify the North Korea Sanctions Regulations to 
        eliminate pre-activity reporting requirements entirely, in line 
        with the precedent set by previous general licenses.
            (2) Adopt a post-activity reporting process, facilitating 
        urgently needed humanitarian assistance without diminishing 
        oversight or compliance.
    (b) 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'' and do not require export license 
from the Bureau of Industry and Security, including in circumstances 
where such items may otherwise be authorized for export pursuant to 
section 740.14 of title 15, Code of Federal Regulations, which would 
permit authorization for temporary exports by United States persons 
traveling with baggage, including certain tools of the trade, for work 
abroad.
    (c) Modification To Export Administration Regulations.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of Commerce shall amend the Export Administration Regulations, 
including section 746.4(b)(1) of title 15, Code of Federal Regulations, 
as necessary to exclude personal computers and related peripheral 
equipment that support authorized humanitarian activities by 
nongovernmental organizations from the definition of ``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 requests for specific licenses or comfort 
        letters 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;
            (2) a list of requests for specific licenses or comfort 
        letters related to humanitarian assistance in North Korea that 
        have been pending for 60 days or more as of the date on which 
        the report is submitted, including explanations for the delays; 
        and
            (3) 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 comfort letters.

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 60 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, 
and every 120 days thereafter, the Secretary of State shall provide to 
the appropriate congressional committees a briefing--
            (1) detailing the number of requests for special validation 
        to travel to North Korea;
            (2) a list of requests for special validation to travel to 
        North Korea that have been pending for 60 days or more as of 
        the date on which the report is submitted, including 
        explanations for the delays; and
            (3) a list of requests for special validation to travel to 
        North Korea denied by the Department of State during such 120-
        day period, including explanations for the denials.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Financial Services 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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