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