[Congressional Record Volume 167, Number 188 (Tuesday, October 26, 2021)]
[Senate]
[Pages S7374-S7376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3879. Mr. PORTMAN (for himself, Mr. Brown, and Mr. Coons)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle H--Otto Warmbier Countering North Korean Censorship and
Surveillance Act of 2021
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Otto Warmbier
Countering North Korean Censorship and Surveillance Act of
2021''.
SEC. 1292. 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
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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. 1293. 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. 1294. 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 1297 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. 1295. 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 1294(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. 1296. 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 1295(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
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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. 1297. 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 1294 and 1297 of the Otto Warmbier
Countering North Korean Censorship and Surveillance Act of
2021''.
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