,,ii #aafth ,,congress #b;d ,session ,s4 #cijh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #h1 #bjbj,mr4 ,murphy 7for himself1 ,mr4 ,markey1 ,mr4 ,cardin1 and ,mr4 ,murphy77 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to expedite the provision of humanitarian assistance1 including life-saving medical care1 to the people of ,north ,korea1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,enhancing ,north ,korea ,humanitarian ,assistance ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,providing humanitarian assistance1 including to countries subject to sanctions imposed by the ,united ,states1 is an expression of ,american values that furthers ,united ,states interests around the world and is consistent with international humanitarian law4 7#b7 ,as of ,february #bjbj1 roughly #aj1ajj1jjj people in ,north ,korea are in urgent need of food assistance and roughly #aj1djj1jjj need nutrition support and improved access to basic services1 including health care1 water1 sanitation1 and hygiene facilities4 7#c7 ,more than #dj percent of people in ,north ,korea are undernourished1 and #a out of every #e children in the country younger than #e years of age is stunted in growth4 7#d7 ,more than #a_/c of household drinking water in ,north ,korea is contaminated4 7#e7 ,independent experts have identified severe deficiencies in ,north ,korea's public health infrastructure1 trained medical personnel1 ability to communicate important safety information1 and commitment to addressing those deficiencies4 7#f7 ,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 tuberculosis1 ,,hiv_/,,aids1 hepatitis ,b1 and the coronavirus disease #bjai 7commonly known as ,,covid-#ai74 7#g7 ,north ,korea cannot reliably maintain stocks of drugs to treat diseases such as tuberculosis and ,,hiv_/,,aids1 posing the risk of interrupted treatments1 which can lead to treatment failures and resistance to multiple therapies that make treatment significantly more difficult and costly4 7#h7 ,the spread of ,,covid-#ai in ,north ,korea would likely have devastating consequences for the people of that country who are especially vulnerable to a pandemic because of deficiencies in public health infrastructure4 7#i7 ,while the ,government of ,north ,korea has not reported any cases of ,,covid-#ai in the country1 the extent and results of testing are unknown1 and government officials have not historically been open or transparent about humanitarian emergencies facing the people of ,north ,korea4 7#aj7 ,responses to the ,,covid-#ai crisis1 including border closings and quarantines that may extend through the planting season1 have impeded international efforts that would otherwise be providing life-saving support to the people of ,north ,korea4 7#aa7 ,in its final report published on ,march #e1 #bjai1 the ,united ,nations ,panel of ,experts on ,north ,korea found that ,united ,nations agencies and humanitarian organizations continue to experience unintended consequences on their humanitarian programmes that make it impossible to operate normally in the ,democratic ,people's ,republic of ,korea44 7#ab7 ,barriers to humanitarian access can result from decisions made or delayed by the ,government of ,north ,korea1 by the governments of other countries1 including the governments of the ,united ,states and the ,people's ,republic of ,china1 and by the ,committee of the ,united ,nations ,security ,council established by ,united ,nations ,security ,council ,resolution #agah 7#bjjf7 7referred to in this ,act as the #agah ,sanctions ,committee74 7#ac7 ,nongovernmental organizations that provide humanitarian assistance in ,north ,korea must typically seek simultaneous authorizations from the ,department of the ,treasury1 the ,department of ,state1 the ,department of ,commerce1 the #agah ,sanctions ,committee1 customs officials in the ,people's ,republic of ,china1 and the ,government of ,north ,korea1 adding further delays to humanitarian access4 7#ad7 ,the #agah ,sanctions ,committee issued the document entitled ,implementation ,assistance ,notice ,no4 #g on ,august #f1 #bjah1 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 ,korea4 7#ae7 ,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 populations4 7#af7 ,humanitarian exceptions in comprehensive sanctions programs1 such as the exceptions under section #eaj4eab of the ,north ,korea ,sanctions ,regulations1 are not effective unless the persons who provide assistance along with their financial institutions1 suppliers1 shippers1 and other entities can make practical use of the exceptions4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 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 relief1 including life-saving medical care1 to the people of ,north ,korea2 7#b7 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 governments2 7#c7 because humanitarian assistance is unlikely to enable large-scale sanctions evasion and revenue generation1 sanctions enforcement should focus on ongoing ,north ,korean activities1 including ship-to-ship transfers of coal and other goods1 cyberattacks1 and the use of forced labor abroad1 all highlighted in reports issued by the ,united ,nations ,panel of ,experts on ,north ,korea and other authoritative sources2 and 7#d7 financial institutions should recognize and consider the reputational and practical costs of impeding legitimate efforts to deliver life-saving aid to ,north ,korea4 #d4 ,enhancing exemptions from ,united ,states sanctions 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,treasury1 acting through the ,director of the ,office of ,foreign ,assets ,control1 shall take #a or more of the following actions3 7#a7 ,modify the humanitarian exception under section #eaj4eab of the ,north ,korea ,sanctions ,regulations to cover1 in addition to the food and medicine already exempted1 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 items4 7#b7 7,a7 ,modify the ,north ,korea ,sanctions ,regulations to exempt from a requirement for a specific license a published list of nonsensitive items1 in addition to the food and medicine already covered by section #eaj4eab of the ,north ,korea ,sanctions ,regulations1 used in humanitarian operations in ,north ,korea in furtherance of the purposes set forth in section #d of the ,north ,korean ,human ,rights ,act of #bjjd 7#bb ,u4,s4,c4 #ghjb72 7,b7 ensure that the list reflects the relevant recommendations included in the final report1 published on ,march #e1 #bjai1 of the ,panel of ,experts established pursuant to ,united ,nations ,security ,council ,resolution #ahgd 7#bjji72 and 7,c7 review and republish the list1 in consultation with the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development1 every #ahj days and in response to requests by nongovernmental organizations that have previously engaged in authorized humanitarian activities in ,north ,korea4 7#c7 ,modify the ,north ,korea ,sanctions ,regulations so that-- 7,a7 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 ,korea2 and 7,b7 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 ,control4 7b7 ,briefing ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,treasury shall provide to the appropriate congressional committees a briefing-- 7#a7 for each action described in subsection 7a71 describing whether the action was taken and providing a justification for the decision to take or not take the action2 and 7#b7 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 ,korea4 7c7 ,modification to ,north ,korea ,sanctions ,regulations ,not later than #ij days after the date of the enactment of this ,act1 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 goods4 7d7 ,guidance ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury1 acting through the ,director of the ,office of ,foreign ,assets ,control1 shall issue plainly worded guidance intended for financial institutions1 shipping companies1 foreign customs officials1 and others involved in transactions related to humanitarian assistance that-- 7#a7 clarifies the applicability of the humanitarian exception under the ,north ,korea ,sanctions ,regulations2 and 7#b7 describes best practices for ensuring that activities are consistent with that exception4 7e7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 and every #abj days thereafter1 the ,secretary of the ,treasury1 acting through the ,director of the ,office of ,foreign ,assets ,control and in consultation with the ,secretary of ,state1 shall submit to the appropriate congressional committees a report that includes-- 7#a7 a list of specific licenses related to humanitarian assistance in ,north ,korea issued by the ,office of ,foreign ,assets ,control during the #abj-;day period immediately preceding the submission of the report2 7#b7 a list of requests for specific licenses related to humanitarian assistance in ,north ,korea denied by the ,office of ,foreign ,assets ,control during such #abj-;day period1 including explanations for the denials2 7#c7 a list of requests for specific licenses related to humanitarian assistance in ,north ,korea that have been pending for #cj days or more as of the date on which the report is submitted1 including explanations for the delays2 7#d7 a list of requests by non-,united ,states persons for sanctions waivers related to humanitarian assistance in ,north ,korea that have been pending for #cj days or more as of the date on which the report is submitted1 including explanations for the delays2 and 7#e7 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 waivers4 #e4 ,enhancing multilateral sanctions exemptions 7a7 ,in general ,the ,secretary of ,state shall direct the ,united ,states ,permanent ,representative to the ,united ,nations to use the voice1 vote1 and influence of the ,united ,states to urge the ,united ,nations-- 7#a7 to extend the period for humanitarian exemptions from the #agah ,sanctions ,committee to #a year and remove the limitation on exemption applications per organization per year2 7#b7 to apply lessons learned from expedited approvals of requests for humanitarian exemptions during the ,,covid-#ai pandemic to speed approval at the #agah ,sanctions ,committee of other critical exemption requests1 such as requests that would address urgent needs identified in the annual reports of the ,united ,nations on needs and priorities for ,north ,korea2 and 7#c7 to modify applications for humanitarian exemptions from the #agah ,sanctions ,committee to be less burdensome for nongovernmental organizations1 drawing as appropriate on successes in approaches taken by other ,united ,nations sanctions committees4 7b7 ,reporting ,not later than #ij days after the date of the enactment of this ,act1 and every #ahj days thereafter1 the ,secretary of ,state shall submit to the appropriate congressional committees a report-- 7#a7 describing any requests for humanitarian exemptions to the #agah ,sanctions ,committee known to have been denied in the #ahj days preceding submission of the report or known to have been in process for more than #cj days as of the date of the report1 and any known explanations for such denials and delays2 7#b7 detailing any action by a foreign government in the #ahj days preceding submission of the report that has delayed or impeded humanitarian assistance approved by the #agah ,sanctions ,committee1 including the status of obstacles to humanitarian assistance posed by customs officials in the ,people's ,republic of ,china2 and 7#c7 describing efforts in the #ahj days preceding submission of the report to establish or maintain an approved banking channel for transactions related to humanitarian assistance for ,north ,korea4 #f4 ,streamlining humanitarian travel authorizations ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall provide to the appropriate congressional committees a briefing-- 7#a7 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 ,korea1 with the purpose of reducing costs and delays associated with repeated passport applications2 and 7#b7 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 assistance4 #g4 ,definitions ,in this ,act3 7#a7 ,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 ,representatives4 7#b7 ,export administration regulations ,the term ,export ,administration ,regulations means the regulations set forth in subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations1 or successor regulations4 7#c7 ,north korea sanctions regulations ,the term ,north ,korea ,sanctions ,regulations means the regulations set forth in part #eaj of title #ca1 ,code of ,federal ,regulations1 or successor regulations4