[Congressional Record Volume 168, Number 103 (Thursday, June 16, 2022)]
[Senate]
[Pages S3011-S3013]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OTTO WARMBIER COUNTERING NORTH KOREAN CENSORSHIP AND SURVEILLANCE ACT
OF 2021
Mr. PORTMAN. Mr. President, I am also rising today to ask unanimous
consent from my colleagues to pass other legislation, S. 2129, a
bipartisan bill that I have coauthored with my colleague from Ohio,
Senator Sherrod Brown. It honors a young man named Otto Warmbier, and
it counters North Korea's censorship and surveillance state.
Otto Warmbier was a native of my hometown in Cincinnati, OH, and his
wonderful family are dear friends. He was a young man of great spirit,
great intellect, and great promise. He was a student, a star at the
University of Virginia.
In 2015, he went to North Korea with a tour group. It was a cultural
visit with people from the United States, from Europe, looking to see
what North Korea was like. They were there for a very brief period of
time, but at the end of that brief visit, as he was waiting in line at
the airport to leave with fellow members of the tour, North Korean
security officials grabbed him and pulled him out of line.
He was detained, and then eventually he was sentenced for 15 years on
trumped-up charges relating to whether or not he tried to take down a
poster that was a political poster--15 years. Otto Warmbier, again, a
young man of great promise, was unjustly convicted and imprisoned. And
during a 17-month period of imprisonment, captivity, he was badly
mistreated by the North Koreans, to the point that when he was returned
to the United States in 2017, he came back in a comatose state from
which he never recovered.
Otto Warmbier died almost exactly 5 years ago today, June 19, 2017.
He was 22 years old, with his whole life ahead of him. So 5 years ago,
life changed forever for Otto's friends, for his parents, his
classmates. His service, his funeral was extraordinary, the outpouring
of love.
His parents, Fred and Cindy, have taken their grief and done
something very constructive with it. They have focused on exposing what
North Korea is really like and also ensuring that, to the extent
possible, North Korea is held accountable for this atrocity. No parent
should have to endure what they went through.
I have worked with Senators Brown, Coons, Tillis, Van Hollen, and
Hagerty, as well as the Warmbiers, as well as the Biden administration,
on this legislation. It is called the Otto Warmbier North Korea
Censorship and Surveillance Act. It would authorize sanctions against
any foreign individuals involved in censoring the North Korean people's
access to information on behalf of the Kim Jong Un regime.
Of course, the North Koreans aren't getting the truth because
information is censored. So it is very important to get whatever real
news you can into the country. When that happens, what you find out is
that people leave North Korea and then work against the regime. But so
many people don't have access to that information.
So this bill authorizes the U.S. Agency for Global Media to find new
and creative ways to circumvent North Korean censorship and provides
$10 million annually for the next 5 years to counter North Korea's
repressive censorship and surveillance state, including something very
practical and needed, which is repairing the antennas that have been
used for this purpose that were damaged in a typhoon years ago and have
never been fixed because we haven't had the funding.
This bill has adequate funding to put in place the infrastructure
that is now going to be necessary to effectively send true, accurate
information to North Korea to counter North Korean propaganda for the
sake of the people of North Korea.
Together, this Chamber can send a bipartisan message to the world
that we will not stand for the censorship and the repression of the
North Korean regime. So I urge my colleagues to support this
legislation. It is something we have worked on carefully. We have
gotten technical assistance from the administration. It is something
that I hope we can pass here this evening and then we can, in turn, get
it passed in the House of Representatives and get it to the President
for his signature.
So, Mr. President, I would now like to call up this legislation. I
ask unanimous consent that the Senate proceed to the immediate
consideration of Calendar No. 159, S. 2129.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2129) to promote freedom of information and
counter censorship and surveillance in North Korea, and for
other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
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;
[[Page S3012]]
(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.
[[Page S3013]]
(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''.
Mr. PORTMAN. I ask unanimous consent that the committee-reported
substitute amendment be agreed to and that the bill, as amended, be
considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill, as amended, was ordered to be engrossed for a third reading
and was read the third time.
Mr. PORTMAN. I know of no further debate on the bill, as amended.
The PRESIDING OFFICER. Is there further debate on the bill?
Hearing none, the bill having been read the third time, the question
is, Shall the bill pass?
The bill (S. 2129), as amended, was passed.
Mr. PORTMAN. Mr. President, I ask unanimous consent that the motion
to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. PORTMAN. Mr. President, this is an important day for Otto
Warmbier's family, for so many people who care about the repression and
the lack of information going into North Korea, and I thank my
colleagues for supporting this legislation.
I yield the floor.
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