[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2129 Engrossed in Senate (ES)]

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117th CONGRESS
  2d Session
                                S. 2129

_______________________________________________________________________

                                 AN ACT


 
     To promote freedom of information and counter censorship and 
          surveillance in 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 ``Otto Warmbier Countering North 
Korean Censorship and Surveillance Act of 2021''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) The information landscape in North Korea is the most 
        repressive in the world, consistently ranking last or near-last 
        in the annual World Press Freedom Index.
            (2) Under the brutal rule of Kim Jung Un, the country's 
        leader since 2012, the North Korean regime has tightened 
        controls on access to information, as well as enacted harsh 
        punishments for consumers of outside media, including 
        sentencing to time in a concentration camp and a maximum 
        penalty of death.
            (3) Such repressive and unjust laws surrounding information 
        in North Korea resulted in the death of 22-year-old United 
        States citizen and university student Otto Warmbier, who had 
        traveled to North Korea in December 2015 as part of a guided 
        tour.
            (4) Otto Warmbier was unjustly arrested, sentenced to 15 
        years of hard labor, and severely mistreated at the hands of 
        North Korean officials. While in captivity, Otto Warmbier 
        suffered a serious medical emergency that placed him into a 
        comatose state. Otto Warmbier was comatose upon his release in 
        June 2017 and died 6 days later.
            (5) Despite increased penalties for possession and 
        viewership of foreign media, the people of North Korean have 
        increased their desire for foreign media content, according to 
        a survey of 200 defectors concluding that 90 percent had 
        watched South Korean or other foreign media before defecting.
            (6) On March 23, 2021, in an annual resolution, the United 
        Nations General Assembly condemned ``the long-standing and 
        ongoing systematic, widespread and gross violations of human 
        rights in the Democratic People's Republic of Korea'' and 
        expressed grave concern at, among other things, ``the denial of 
        the right to freedom of thought, conscience, and religion . . . 
        and of the rights to freedom of opinion, expression, and 
        association, both online and offline, which is enforced through 
        an absolute monopoly on information and total control over 
        organized social life, and arbitrary and unlawful state 
        surveillance that permeates the private lives of all 
        citizens''.
            (7) In 2018, Typhoon Yutu caused extensive damage to 15 
        broadcast antennas used by the United States Agency for Global 
        Media in Asia, resulting in reduced programming to North Korea. 
        The United States Agency for Global Media has rebuilt 5 of the 
        15 antenna systems as of June 2021.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) in the event of a crisis situation, particularly where 
        information pertaining to the crisis is being actively censored 
        or a false narrative is being put forward, the United States 
        should be able to quickly increase its broadcasting capability 
        to deliver fact-based information to audiences, including those 
        in North Korea; and
            (2) the United States International Broadcasting Surge 
        Capacity Fund is already authorized under section 316 of the 
        United States International Broadcasting Act of 1994 (22 U.S.C. 
        6216), and expanded authority to transfer unobligated balances 
        from expired accounts of the United States Agency for Global 
        Media would enable the Agency to more nimbly respond to crises.

SEC. 3. STATEMENT OF POLICY.

     It is the policy of the United States--
            (1) to provide the people of North Korea with access to a 
        diverse range of fact-based information;
            (2) to develop and implement novel means of communication 
        and information sharing that increase opportunities for 
        audiences in North Korea to safely create, access, and share 
        digital and non-digital news without fear of repressive 
        censorship, surveillance, or penalties under law; and
            (3) to foster and innovate new technologies to counter 
        North Korea's state-sponsored repressive surveillance and 
        censorship by advancing internet freedom tools, technologies, 
        and new approaches.

SEC. 4. UNITED STATES STRATEGY TO COMBAT NORTH KOREA'S REPRESSIVE 
              INFORMATION ENVIRONMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall develop and submit to 
Congress a strategy on combating North Korea's repressive information 
environment.
    (b) Elements.--The strategy required by subsection (a) shall 
include the following:
            (1) An assessment of the challenges to the free flow of 
        information into North Korea created by the censorship and 
        surveillance technology apparatus of the Government of North 
        Korea.
            (2) A detailed description of the agencies and other 
        government entities, key officials, and security services 
        responsible for the implementation of North Korea's repressive 
        laws regarding foreign media consumption.
            (3) A detailed description of the agencies and other 
        government entities and key officials of foreign governments 
        that assist, facilitate, or aid North Korea's repressive 
        censorship and surveillance state.
            (4) A review of existing public-private partnerships that 
        provide circumvention technology and an assessment of the 
        feasibility and utility of new tools to increase free 
        expression, circumvent censorship, and obstruct repressive 
        surveillance in North Korea.
            (5) A description of and funding levels required for 
        current United States Government programs and activities to 
        provide access for the people of North Korea to a diverse range 
        of fact-based information.
            (6) An update of the plan required by section 104(a)(7)(A) 
        of the North Korean Human Rights Act of 2004 (22 U.S.C. 
        7814(a)(7)(A)).
            (7) A description of Department of State programs and 
        funding levels for programs that promote internet freedom in 
        North Korea, including monitoring and evaluation efforts.
            (8) A description of grantee programs of the United States 
        Agency for Global Media in North Korea that facilitate 
        circumvention tools and broadcasting, including monitoring and 
        evaluation efforts.
            (9) A detailed assessment of how the United States 
        International Broadcasting Surge Capacity Fund authorized under 
        section 316 of the United States International Broadcasting Act 
        of 1994 (22 U.S.C. 6216) has operated to respond to crisis 
        situations in the past, and how authority to transfer 
        unobligated balances from expired accounts would help the 
        United States Agency for Global Media in crisis situations in 
        the future.
            (10) A detailed plan for how the authorization of 
        appropriations under section 7 will operate alongside and 
        augment existing programming from the relevant Federal agencies 
        and facilitate the development of new tools to assist that 
        programming.
    (c) Form of Strategy.--The strategy required by subsection (a) 
shall be submitted in unclassified form, but may include the matters 
required by paragraphs (2) and (3) of subsection (b) in a classified 
annex.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR 
              NORTH KOREA'S REPRESSIVE CENSORSHIP AND SURVEILLANCE 
              STATE.

    (a) In General.--The President may impose the following sanctions 
with respect to any foreign person that the President determines 
knowingly engaged in, facilitated, or was responsible for censorship by 
the Government of North Korea or the Workers' Party of Korea identified 
under paragraph (2) or (3) of section 4(b):
            (1) Blocking of property.--The President may exercise all 
        of the powers granted to the President under the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
        extent necessary to block and prohibit all transactions in 
        property and interests in property of the foreign person if 
        such property and interests in property are in the United 
        States, come within the United States, or are or come within 
        the possession or control of a United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--In the case of an 
                alien, the alien may be--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--An alien described in 
                        subparagraph (A) may be subject to revocation 
                        of any visa or other entry documentation 
                        regardless of when the visa or other entry 
                        documentation is or was issued.
                            (ii) Effect.--A revocation under clause (i) 
                        shall--
                                    (I) take effect consistent with 
                                section 221 of the Immigration and 
                                Nationality Act (8 U.S.C. 1201); and
                                    (II) cancel any other valid visa or 
                                entry documentation that is in the 
                                alien's possession.
    (b) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (a)(1) or any regulation, license, or order issued 
        to carry out that subsection shall be subject to the penalties 
        set forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.
    (c) National Security Waiver.--The President may waive the 
imposition of sanctions under subsection (a) with respect to a person 
if the President--
            (1) determines that such a waiver is in the national 
        security interests of the United States; and
            (2) submits to the appropriate congressional committees a 
        notification of the waiver and the reasons for the waiver.
    (d) Exceptions.--
            (1) Intelligence activities.--This section shall not apply 
        with respect to activities subject to the reporting 
        requirements under title V of the National Security Act of 1947 
        (50 U.S.C. 3091 et seq.) or any authorized intelligence 
        activities of the United States.
            (2) Law enforcement activities.--Sanctions under this 
        section shall not apply with respect to any authorized law 
        enforcement activities of the United States.
            (3) Exception to comply with international agreements.--
        Subsection (a)(2) shall not apply with respect to the admission 
        of an alien to the United States if such admission is necessary 
        to comply with the obligations of the United States under the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, under the Convention on Consular Relations, done at 
        Vienna April 24, 1963, and entered into force March 19, 1967, 
        or under other international agreements.
            (4) Exception relating to importation of goods.--
                    (A) In general.--The authority or a requirement to 
                impose sanctions under this section shall not include 
                the authority or a requirement to impose sanctions on 
                the importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or manmade 
                substance, material, supply, or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (e) Definitions.--In this section:
            (1) Admission; admitted; alien.--The terms ``admission'', 
        ``admitted'', and ``alien'' have the meanings given those terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Select Committee on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Financial Services, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.
            (3) Foreign person.--The term ``foreign person'' means any 
        person that is not a United States person.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted to the United States for permanent residence;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States; or
                    (C) any person in the United States.

SEC. 6. REPORT ON ENFORCEMENT OF SANCTIONS WITH RESPECT TO NORTH KOREA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter through 2024, the 
Secretary of State and the Secretary of the Treasury shall jointly 
submit to the appropriate congressional committees (as defined in 
section 5(e)) a report on sanctions-related activities and enforcement 
undertaken by the United States Government with respect to North Korea 
during the period described in subsection (b) that includes--
            (1) an assessment of activities conducted by persons in 
        North Korea or the Government of North Korea that would require 
        mandatory designations pursuant to the North Korea Sanctions 
        and Policy Enhancement Act of 2016 (22 U.S.C. 9201 et seq.); 
        and
            (2) sanctions-related enforcement or other sanctions-
        related actions undertaken by the United States Government 
        pursuant to that Act.
    (b) Period Described.--The period described in this subsection is--
            (1) in the case of the first report required by subsection 
        (a), the period beginning on January 1, 2021, and ending on the 
        date on which the report is required to be submitted; and
            (2) in the case of each subsequent report required by 
        subsection (a), the one-year period preceding submission of the 
        report.

SEC. 7. PROMOTING FREEDOM OF INFORMATION AND COUNTERING CENSORSHIP AND 
              SURVEILLANCE IN NORTH KOREA.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the United States Agency for Global Media $10,000,000 
for each of fiscal years 2022 through 2026 to provide increased 
broadcasting and grants for the following purposes:
            (1) To promote the development of internet freedom tools, 
        technologies, and new approaches, including both digital and 
        non-digital means of information sharing related to North 
        Korea.
            (2) To explore public-private partnerships to counter North 
        Korea's repressive censorship and surveillance state.
            (3) To develop new means to protect the privacy and 
        identity of individuals receiving media from the United States 
        Agency for Global Media and other outside media outlets from 
        within North Korea.
            (4) To bolster existing programming from the United States 
        Agency for Global Media by restoring the broadcasting capacity 
        of damaged antennas caused by Typhoon Yutu in 2018.
    (b) Annual Reports.--Section 104(a)(7)(B) of the North Korean Human 
Rights Act of 2004 (22 U.S.C. 7814(a)(7)(B)) is amended--
            (1) in the matter preceding clause (i)--
                    (A) by striking ``1 year after the date of the 
                enactment of this paragraph'' and inserting ``September 
                30, 2022''; and
                    (B) by striking ``Broadcasting Board of Governors'' 
                and inserting ``Chief Executive Officer of the United 
                States Agency for Global Media''; and
            (2) in clause (i), by inserting after ``this section'' the 
        following: ``and sections 4 and 7 of the Otto Warmbier 
        Countering North Korean Censorship and Surveillance Act of 
        2021''.

            Passed the Senate June 16, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 2129

_______________________________________________________________________

                                 AN ACT

     To promote freedom of information and counter censorship and 
          surveillance in North Korea, and for other purposes.