[Congressional Record Volume 168, Number 191 (Thursday, December 8, 2022)]
[Senate]
[Pages S7076-S7079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 6509. Mr. CARDIN (for Mr. Durbin (for himself and Mr. Cassidy)) 
proposed an amendment to the bill S. 2834, to amend title XVIII of the 
Social Security Act to preserve access to rehabilitation innovation 
centers under the Medicare program; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dr. Joanne Smith Memorial 
     Rehabilitation Innovation Centers Act of 2022''.

     SEC. 2. PRESERVING ACCESS TO REHABILITATION INNOVATION 
                   CENTERS UNDER MEDICARE.

       (a) In General.--Section 1886(j)(7)(E) of the Social 
     Security Act (42 U.S.C. 1395ww(j)(7)(E)) is amended--

[[Page S7077]]

       (1) by striking ``Public availability of data submitted.--
     The'' and inserting ``Public availability of data 
     submitted.--
       ``(i) In general.--The''; and
       (2) by inserting after clause (i), as redesignated by 
     paragraph (1), the following new clauses:
       ``(ii) Public recognition of rehabilitation innovation 
     centers.--Beginning not later than 18 months after the date 
     of the enactment of this clause, the Secretary shall make 
     publicly available on such Internet website, in addition to 
     the information required to be reported on such website under 
     clause (i), a list of all rehabilitation innovation centers, 
     and shall update such list on such website not less 
     frequently than biennially.
       ``(iii) Rehabilitation innovation centers defined.--For 
     purposes of clause (ii), the term `rehabilitation innovation 
     centers' means a rehabilitation facility that, as of the 
     applicable date (as defined in clause (v)), is a 
     rehabilitation facility described in clause (iv).
       ``(iv) Rehabilitation facility described.--

       ``(I) In general.--Subject to subclause (II), a 
     rehabilitation facility described in this clause is a 
     rehabilitation facility that--

       ``(aa) is classified as a rehabilitation facility under the 
     IRF Rate Setting File for the Inpatient Rehabilitation 
     Facility Prospective Payment System for Federal Fiscal Year 
     2019 (83 Fed. Reg. 38514), or any successor regulations that 
     contain such information;
       ``(bb) holds at least one Federal rehabilitation research 
     and training designation for research projects on traumatic 
     brain injury or spinal cord injury from the National 
     Institute on Disability, Independent Living, and 
     Rehabilitation Research at the Department of Health and Human 
     Services, based on such data submitted to the Secretary by a 
     facility, in a form, manner, and time frame specified by the 
     Secretary;
       ``(cc) submits to the Secretary a description of the 
     clinical research enterprise of the facility and a summary of 
     research activities of the facility that are supported by 
     Federal agencies;
       ``(dd) has a minimum Medicare estimated average weight per 
     discharge of 1.20 for the most recent fiscal year for which 
     such information is available according to the IRF Rate 
     Setting File described in item (aa), or any successor 
     regulations that contain such information; and
       ``(ee) has a minimum teaching status of 0.075 for the most 
     recent fiscal year for which such information is available 
     according to the IRF Rate Setting File described in item 
     (aa), or any successor regulations that contain such 
     information.

       ``(II) Waiver.--The Secretary may, as determined 
     appropriate, waive any of the requirements under items (aa) 
     through (ee) of subclause (I).

       ``(v) Applicable date defined.--For purposes of clauses 
     (iii) and (iv), the term `applicable date' means--

       ``(I) with respect to the initial publication of a list 
     under clause (ii), the date of the enactment of such clause; 
     and
       ``(II) with respect to the publication of an updated list 
     under clause (ii), a date specified by the Secretary that is 
     not more than one year prior to the date of such publication.

       ``(vi) Implementation.--Notwithstanding any other provision 
     of law the Secretary may implement clauses (ii) through (v) 
     by program instruction or otherwise.
       ``(vii) Nonapplication of paperwork reduction act.--Chapter 
     35 of title 44, United States Code, shall not apply to data 
     collected under clauses (ii) through (v).''.
       (b) Report.--Not later than 3 years after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Services--
       (1) shall submit to Congress a report containing any 
     recommendations on action as the Secretary determines 
     appropriate to preserve access to rehabilitation innovation 
     centers (as defined in section 1886(j)(7)(E)(iii) of the 
     Social Security Act, as added by subsection (a)); and
       (2) may, in the report described in paragraph (1), as 
     permitted by law, disseminate research, best practices, and 
     other clinical information identified or developed by such 
     rehabilitation innovation centers, as determined appropriate 
     by the Secretary.
                                 ______
                                 
  SA 6510. Mr. CARDIN (for Ms. Hassan) proposed an amendment to the 
bill H.R. 7535, to encourage the migration of Federal Government 
information technology systems to quantum-resistant cryptography, and 
for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Quantum Computing 
     Cybersecurity Preparedness Act''.

     SEC. 2. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Cryptography is essential for the national security of 
     the United States and the functioning of the economy of the 
     United States.
       (2) The most widespread encryption protocols today rely on 
     computational limits of classical computers to provide 
     cybersecurity.
       (3) Quantum computers might one day have the ability to 
     push computational boundaries, allowing us to solve problems 
     that have been intractable thus far, such as integer 
     factorization, which is important for encryption.
       (4) The rapid progress of quantum computing suggests the 
     potential for adversaries of the United States to steal 
     sensitive encrypted data today using classical computers, and 
     wait until sufficiently powerful quantum systems are 
     available to decrypt it.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) a strategy for the migration of information technology 
     of the Federal Government to post-quantum cryptography is 
     needed; and
       (2) the governmentwide and industrywide approach to post-
     quantum cryptography should prioritize developing 
     applications, hardware intellectual property, and software 
     that can be easily updated to support cryptographic agility.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Agency .--The term ``agency''--
       (A) means any executive department, military department, 
     Government corporation, Government controlled corporation, or 
     other establishment in the executive branch of the Government 
     (including the Executive Office of the President), or any 
     independent regulatory agency; and
       (B) does not include--
       (i) the Government Accountability Office; or
       (ii) the governments of the District of Columbia and of the 
     territories and possessions of the United States, and their 
     various subdivisions.
       (2) Classical computer.--The term ``classical computer'' 
     means a device that accepts digital data and manipulates the 
     information based on a program or sequence of instructions 
     for how data is to be processed and encodes information in 
     binary bits that can either be 0s or 1s.
       (3) Director of cisa.--The term ``Director of CISA'' means 
     the Director of the Cybersecurity and Infrastructure Security 
     Agency.
       (4) Director of nist.--The term ``Director of NIST'' means 
     the Director of the National Institute of Standards and 
     Technology.
       (5) Director of omb.--The term ``Director of OMB'' means 
     the Director of the Office of Management and Budget.
       (6) Information technology.--The term ``information 
     technology'' has the meaning given the term in section 3502 
     of title 44, United States Code.
       (7) National security system.--The term ``national security 
     system'' has the meaning given the term in section 3552 of 
     title 44, United States Code.
       (8) Post-quantum cryptography.--The term ``post-quantum 
     cryptography'' means those cryptographic algorithms or 
     methods that are assessed not to be specifically vulnerable 
     to attack by either a quantum computer or classical computer.
       (9) Quantum computer.--The term ``quantum computer'' means 
     a computer that uses the collective properties of quantum 
     states, such as superposition, interference, and 
     entanglement, to perform calculations.

     SEC. 4. INVENTORY OF CRYPTOGRAPHIC SYSTEMS; MIGRATION TO 
                   POST-QUANTUM CRYPTOGRAPHY.

       (a) Inventory.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Director of OMB, in 
     coordination with the National Cyber Director and in 
     consultation with the Director of CISA, shall issue guidance 
     on the migration of information technology to post-quantum 
     cryptography, which shall include at a minimum--
       (A) a requirement for each agency to establish and maintain 
     a current inventory of information technology in use by the 
     agency that is vulnerable to decryption by quantum computers, 
     prioritized using the criteria described in subparagraph (B);
       (B) criteria to allow agencies to prioritize their 
     inventory efforts; and
       (C) a description of the information required to be 
     reported pursuant to subsection (b).
       (2) Additional content in guidance.--In the guidance 
     established by paragraph (1), the Director of OMB shall 
     include, in addition to the requirements described in that 
     paragraph--
       (A) a description of information technology to be 
     prioritized for migration to post-quantum cryptography; and
       (B) a process for evaluating progress on migrating 
     information technology to post-quantum cryptography, which 
     shall be automated to the greatest extent practicable.
       (3) Periodic updates.--The Director of OMB shall update the 
     guidance required under paragraph (1) as the Director of OMB 
     determines necessary, in coordination with the National Cyber 
     Director and in consultation with the Director of CISA.
       (b) Agency Reports.--Not later than 1 year after the date 
     of enactment of this Act, and on an ongoing basis thereafter, 
     the head of each agency shall provide to the Director of OMB, 
     the Director of CISA, and the National Cyber Director--
       (1) the inventory described in subsection (a)(1); and
       (2) any other information required to be reported under 
     subsection (a)(1)(C).
       (c) Migration and Assessment.--Not later than 1 year after 
     the date on which the Director of NIST has issued post-
     quantum cryptography standards, the Director of OMB shall 
     issue guidance requiring each agency to--

[[Page S7078]]

       (1) prioritize information technology described under 
     subsection (a)(2)(A) for migration to post-quantum 
     cryptography; and
       (2) develop a plan to migrate information technology of the 
     agency to post-quantum cryptography consistent with the 
     prioritization under paragraph (1).
       (d) Interoperability.--The Director of OMB shall ensure 
     that the prioritizations made under subsection (c)(1) are 
     assessed and coordinated to ensure interoperability.
       (e) Office of Management and Budget Reports.--
       (1) Report on post-quantum cryptography.--Not later than 15 
     months after the date of enactment of this Act, the Director 
     of OMB, in coordination with the National Cyber Director and 
     in consultation with the Director of CISA, shall submit to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Oversight and Reform of 
     the House of Representatives a report on the following:
       (A) A strategy to address the risk posed by the 
     vulnerabilities of information technology of agencies to 
     weakened encryption due to the potential and possible 
     capability of a quantum computer to breach that encryption.
       (B) An estimate of the amount of funding needed by agencies 
     to secure the information technology described in subsection 
     (a)(1)(A) from the risk posed by an adversary of the United 
     States using a quantum computer to breach the encryption of 
     the information technology.
       (C) A description of Federal civilian executive branch 
     coordination efforts led by the National Institute of 
     Standards and Technology, including timelines, to develop 
     standards for post-quantum cryptography, including any 
     Federal Information Processing Standards developed under 
     chapter 35 of title 44, United States Code, as well as 
     standards developed through voluntary, consensus standards 
     bodies such as the International Organization for 
     Standardization.
       (2) Report on migration to post-quantum cryptography in 
     information technology.--Not later than 1 year after the date 
     on which the Director of OMB issues guidance under subsection 
     (c)(2), and thereafter until the date that is 5 years after 
     the date on which post-quantum cryptographic standards are 
     issued, the Director of OMB, in coordination with the 
     National Cyber Director and in consultation with the Director 
     of CISA, shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives, with 
     the report submitted pursuant to section 3553(c) of title 44, 
     United States Code, a report on the progress of agencies in 
     adopting post-quantum cryptography standards.

     SEC. 5. EXEMPTION OF NATIONAL SECURITY SYSTEMS.

       This Act shall not apply to any national security system.

     SEC. 6. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 6511. Mr. CARDIN (for Mr. Rubio) proposed an amendment to the bill 
S. 4216, to reauthorize the North Korean Human Rights Act of 2004, and 
for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``North Korean Human Rights 
     Reauthorization Act of 2022''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The North Korean Human Rights Act of 2004 (Public Law 
     108-333; 22 U.S.C. 7801 et seq.) and subsequent 
     reauthorizations of such Act were the product of broad, 
     bipartisan consensus regarding the promotion of human rights, 
     documentation of human rights violations, transparency in the 
     delivery of humanitarian assistance, and the importance of 
     refugee protection.
       (2) The human rights and humanitarian conditions within 
     North Korea remain deplorable and have been intentionally 
     perpetuated against the people of North Korea through 
     policies endorsed and implemented by Kim Jong-un and the 
     Workers' Party of Korea.
       (3) According to a 2014 report released by the United 
     Nations Human Rights Council's Commission of Inquiry on Human 
     Rights in the Democratic People's Republic of Korea, between 
     80,000 and 120,000 children, women, and men were being held 
     in political prison camps in North Korea, where they were 
     subjected to deliberate starvation, forced labor, executions, 
     torture, rape, forced abortion, and infanticide.
       (4) North Korea continues to hold a number of South Koreans 
     and Japanese abducted after the signing of the Agreement 
     Concerning a Military Armistice in Korea, signed at Panmunjom 
     July 27, 1953 (commonly referred to as the ``Korean War 
     Armistice Agreement'') and refuses to acknowledge the 
     abduction of more than 100,000 South Koreans during the 
     Korean War in violation of the Geneva Convention.
       (5) Human rights violations in North Korea, which include 
     forced starvation, sexual violence against women and 
     children, restrictions on freedom of movement, arbitrary 
     detention, torture, executions, and enforced disappearances, 
     amount to crimes against humanity according to the United 
     Nations Commission of Inquiry on Human Rights in the 
     Democratic People's Republic of Korea.
       (6) The effects of the COVID-19 pandemic and North Korea's 
     strict lockdown of its borders and crackdowns on informal 
     market activities and small entrepreneurship have drastically 
     increased food insecurity for its people and given rise to 
     famine conditions in parts of the country.
       (7) North Korea's COVID-19 border lockdown measures also 
     include shoot-to-kill orders that have resulted in the 
     killing of--
       (A) North Koreans attempting to cross the border; and
       (B) at least 1 South Korean citizen in September 2020.
       (8) The Chinese Communist Party and the Government of the 
     People's Republic of China are aiding and abetting in crimes 
     against humanity by forcibly repatriating North Korean 
     refugees to North Korea where they are sent to prison camps, 
     harshly interrogated, and tortured or executed.
       (9) The forcible repatriation of North Korean refugees 
     violates the People's Republic of China's freely undertaken 
     obligation to uphold the principle of non-refoulement, under 
     the Convention Relating to the Status of Refugees, done at 
     Geneva July 28, 1951 (and made applicable by the Protocol 
     Relating to the Status of Refugees, done at New York January 
     31, 1967 (19 UST 6223)).
       (10) North Korea continues to bar freedom of religion and 
     persecute religious minorities, especially Christians. 
     Eyewitnesses report that Christians in North Korea have been 
     tortured, forcibly detained, and even executed for possessing 
     a Bible or professing Christianity.
       (11) United States and international broadcasting 
     operations into North Korea--
       (A) serve as a critical source of outside news and 
     information for the North Korean people; and
       (B) provide a valuable service for countering regime 
     propaganda and false narratives.
       (12) The position of Special Envoy on North Korean Human 
     Rights Issues has been vacant since January 2017, even though 
     the President is required to appoint a Senate-confirmed 
     Special Envoy to fill this position in accordance with 
     section 107 of the North Korean Human Rights Act of 2004 (22 
     U.S.C. 7817).

     SEC. 3. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) promoting information access in North Korea continues 
     to be a successful method of countering North Korean 
     propaganda;
       (2) the United States Government should continue to support 
     efforts described in paragraph (1), including by enacting and 
     implementing the Otto Warmbier North Korean Censorship and 
     Surveillance Act of 2021, which was introduced by Senator 
     Portman on June 17, 2021;
       (3) because refugees among North Koreans fleeing into China 
     face severe punishments upon their forcible return, the 
     United States should urge the Government of the People's 
     Republic of China--
       (A) to immediately halt its forcible repatriation of North 
     Koreans;
       (B) to allow the United Nations High Commissioner for 
     Refugees (referred to in this section as ``UNHCR'') unimpeded 
     access to North Koreans within China to determine whether 
     they are refugees and require assistance;
       (C) to fulfill its obligations under the Convention 
     Relating to the Status of Refugees, done at Geneva July 28, 
     1951 (and made applicable by the Protocol Relating to the 
     Status of Refugees, done at New York January 31, 1967 (19 UST 
     6223) and the 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, done at Geneva December 1, 
     1995;
       (D) to address the concerns of the United Nations Committee 
     Against Torture by incorporating into domestic legislation 
     the principle of non-refoulement; and
       (E) to recognize the legal status of North Korean women who 
     marry or have children with Chinese citizens and ensure that 
     all such mothers and children are granted resident status and 
     access to education and other public services in accordance 
     with Chinese law and international standards;
       (4) the United States Government should continue to promote 
     the effective and transparent delivery and distribution of 
     any humanitarian aid provided in North Korea to ensure that 
     such aid reaches its intended recipients to the point of 
     consumption or utilization by cooperating closely with the 
     Government of the Republic of Korea and international and 
     nongovernmental organizations;
       (5) the Department of State should continue to take steps 
     to increase public awareness about the risks and dangers of 
     travel by United States citizens to North Korea, including by 
     continuing its policy of blocking United States passports 
     from being used to travel to North Korea without a special 
     validation from the Department of State;
       (6) the United Nations, which has a significant role to 
     play in promoting and improving human rights in North Korea, 
     should

[[Page S7079]]

     press for access for the United Nations Special Rapporteur 
     and the United Nations High Commissioner for Human Rights on 
     the situation of human rights in North Korea;
       (7) the Special Envoy for North Korean Human Rights Issues 
     should be appointed without delay--
       (A) to properly promote and coordinate North Korean human 
     rights and humanitarian issues; and
       (B) to participate in policy planning and implementation 
     with respect to refugee issues;
       (8) the United States should urge North Korea to repeal the 
     Reactionary Thought and Culture Denunciation Law and other 
     draconian laws, regulations, and decrees that manifestly 
     violate the freedom of opinion and expression and the freedom 
     of thought, conscience, and religion;
       (9) the United States should urge North Korea to ensure 
     that any restrictions on addressing the COVID-19 pandemic are 
     necessary, proportionate, nondiscriminatory, time-bound, 
     transparent, and allow international staff to operate inside 
     the North Korea to provide international assistance based on 
     independent needs assessments;
       (10) the United States should expand the Rewards for 
     Justice program to be open to North Korean officials who can 
     provide evidence of crimes against humanity being committed 
     by North Korean officials;
       (11) the United States should continue to seek cooperation 
     from all foreign governments--
       (A) to allow the UNHCR access to process North Korean 
     refugees overseas for resettlement; and
       (B) to allow United States officials access to process 
     refugees for possible resettlement in the United States; and
       (12) the Secretary of State, through diplomacy by senior 
     officials, including United States ambassadors to Asia-
     Pacific countries, and in close cooperation with South Korea, 
     should make every effort to promote the protection of North 
     Korean refugees, escapees, and defectors.

     SEC. 4. REAUTHORIZATIONS.

       (a) Support for Human Rights and Democracy Programs.--
     Section 102(b)(1) of the North Korean Human Rights Act of 
     2004 (22 U.S.C. 7812(b)(1)) is amended by striking ``2022'' 
     and inserting ``2027''.
       (b) Actions To Promote Freedom of Information.--Section 104 
     of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) 
     is amended--
       (1) in subsection (b)(1), by striking ``2022'' and 
     inserting ``2027''; and
       (2) in subsection (c), by striking ``2022'' and inserting 
     ``2027''.
       (c) Report by Special Envoy on North Korean Human Rights 
     Issues.--Section 107(d) of the North Korean Human Rights Act 
     of 2004 (22 U.S.C. 7817(d)) is amended by striking ``2022'' 
     and inserting ``2027''.
       (d) Report on United States Humanitarian Assistance.--
     Section 201(a) of the North Korean Human Rights Act of 2004 
     (22 U.S.C. 7831(a)) is amended, in the matter preceding 
     paragraph (1), by striking ``2022'' and inserting ``2027''.
       (e) Assistance Provided Outside of North Korea.--Section 
     203(c)(1) of the North Korean Human Rights Act of 2004 (22 
     U.S.C. 7833(c)(1)) is amended by striking ``2018 through 
     2022'' and inserting ``2023 through 2027''.
       (f) Annual Reports.--Section 305(a) of the North Korean 
     Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in 
     the matter preceding paragraph (1) by striking ``2022'' and 
     inserting ``2027''.

     SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

       Title I of the North Korean Human Rights Act of 2004 (22 
     U.S.C. 7811 et seq.) is amended--
       (1) in section 103(a), by striking ``Broadcasting Board of 
     Governors'' and inserting ``United States Agency for Global 
     Media''; and
       (2) in section 104(a)--
       (A) by striking ``Broadcasting Board of Governors'' each 
     place such term appears and inserting ``United States Agency 
     for Global Media'';
       (B) in paragraph (7)(B)--
       (i) in the matter preceding clause (i), by striking ``5 
     years'' and inserting ``10 years'';
       (ii) by redesignating clauses (i) through (iii) as clauses 
     (ii) through (iv), respectively;
       (iii) by inserting before clause (ii) the following:
       ``(i) an update of the plan required under subparagraph 
     (A);''; and
       (iv) in clause (iii), as redesignated, by striking 
     ``pursuant to section 403'' and inserting ``to carry out this 
     section''.

     SEC. 6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS ISSUES.

        Section 107 of the North Korean Human Rights Act of 2004 
     (22 U.S.C. 7817) is amended by adding at the end the 
     following:
       ``(e) Report on Appointment of Special Envoy.--Not later 
     than 180 days after the date of the enactment of this 
     subsection and annually thereafter through 2027 if the 
     position of Special Envoy remains vacant, the Secretary of 
     State shall submit a report to the appropriate congressional 
     committees that describes the efforts being taken to appoint 
     the Special Envoy.''.

     SEC. 7. SUPPORT FOR NORTH KOREAN REFUGEES.

       (a) In General.--The Secretary of State and the Secretary 
     of Homeland Security should collaborate with faith-based and 
     Korean-American organizations to resettle North Korean 
     participants in the United States Refugee Admissions Program 
     in areas with existing Korean-American communities to 
     mitigate trauma and mental health considerations of refugees, 
     as appropriate.
       (b) Resettlement Location Assistance Education.--The 
     Secretary of State shall publicly disseminate guidelines and 
     information relating to resettlement options in the United 
     States or South Korea for eligible North Korean refugees, 
     with a particular focus on messaging to North Koreans.
       (c) Mechanisms.--The guidelines and information described 
     in subsection (b)--
       (1) shall be published on a publicly available website of 
     the Department of State;
       (2) shall be broadcast into North Korea through radio 
     broadcasting operations funded or supported by the United 
     States Government; and
       (3) shall be distributed through brochures or electronic 
     storage devices.

     SEC. 8. AUTHORIZATION OF SANCTIONS FOR FORCED REPATRIATION OF 
                   NORTH KOREAN REFUGEES.

       (a) Discretionary Designations.--Section 104(b)(1) of the 
     North Korea Sanctions and Policy Enhancement Act of 2016 (22 
     U.S.C. 9214) is amended--
       (1) in subparagraph (M), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (N), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(O) knowingly, directly or indirectly, forced the 
     repatriation of North Korean refugees to North Korea.''.
       (b) Exemptions.--Section 208(a)(1) of the North Korea 
     Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 
     9228(a)(1)) is amended by inserting ``, the Republic of 
     Korea, and Japan'' before the period at the end.

     SEC. 9. REPORT ON HUMANITARIAN EXEMPTIONS TO SANCTIONS 
                   IMPOSED WITH RESPECT TO NORTH KOREA.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the continued pursuit by the North Korean regime of 
     weapons of mass destruction (including nuclear, chemical, and 
     biological weapons), in addition to its ballistic missile 
     program, along with the regime's gross violations of human 
     rights, have led the international community to impose 
     sanctions with respect to North Korea, including sanctions 
     imposed by the United Nations Security Council;
       (2) authorities should grant exemptions for humanitarian 
     assistance to the people of North Korea consistent with past 
     United Nations Security Council resolutions; and
       (3) humanitarian assistance intended to provide 
     humanitarian relief to the people of North Korea must not be 
     exploited or misdirected by the North Korean regime to 
     benefit the military or elites of North Korea.
       (b) Reports Required.--
       (1) Defined term.--In this subsection, the term ``covered 
     period'' means--
       (A) in the case of the first report required to be 
     submitted under paragraph (2), the period beginning on 
     January 1, 2018, and ending on the date that is 90 days after 
     the date of the enactment of this Act; and
       (B) in the case of each subsequent report required to be 
     submitted under paragraph (2), the 1-year period preceding 
     the date by which the report is required to be submitted.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for the 
     following 2 years, the Secretary of State shall submit a 
     report to Congress that--
       (A) describes--
       (i) how the North Korean regime has previously exploited 
     humanitarian assistance from the international community to 
     benefit elites and the military in North Korea;
       (ii) the most effective methods to provide humanitarian 
     relief, including mechanisms to facilitate humanitarian 
     assistance, to the people of North Korea, who are in dire 
     need of such assistance;
       (iii) any requests to the Committee of the United Nations 
     Security Council established by United Nations Security 
     Council Resolution 1718 (2006) (referred to in this section 
     as the ``1718 Sanctions Committee'') for humanitarian 
     exemptions from sanctions known to have been denied during 
     the covered period or known to have been in process for more 
     than 30 days as of the date of the report; and
       (iv) any known explanations for the denials and delays 
     referred to in clause (iii); and
       (B) details any action by a foreign government during the 
     covered period that has delayed or impeded humanitarian 
     assistance that was approved by the 1718 Sanctions Committee.

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