S. 5257

119 S5257 IS: Enhancing North Korea Humanitarian Assistance Act of 2026
 U.S. Senate
 2026-08-05
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 II  119th CONGRESS  2d Session  S. 5257  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.
1.
Short title
This Act may be cited as the   Enhancing North Korea Humanitarian Assistance Act of 2026  .
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.
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.
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.
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.
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.
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.