[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''.
                                 ______