II 

117TH CONGRESS 

1ST SESSION S. 2129 

To promote freedom of information and counter censorship and surveillance 

in North Korea, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2021 

Mr. PORTMAN (for himself, Mr. BROWN, and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To promote freedom of information and counter censorship 

and surveillance in North Korea, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Otto Warmbier Coun5 tering North Korean Censorship and Surveillance Act of 

6 2021’’. 

7 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 


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1 (1) The information landscape in North Korea 

2 is the most repressive in the world, consistently 

3 ranking last or near-last in the annual World Press 

4 Freedom Index. 

5 (2) Under the brutal rule of Kim Jung Un, the 

6 country’s leader since 2012, the North Korean re7 gime has tightened controls on access to informa8 tion, as well as enacted harsh punishments for con9 sumers of outside media, including sentencing to 

10 time in a concentration camp and a maximum pen11 alty of death. 

12 (3) Such repressive and unjust laws sur13 rounding information in North Korea resulted in the 

14 death of 22-year-old United States citizen and uni15 versity student Otto Warmbier, who had traveled to 

16 North Korea in December 2015 as part of a guided 

17 tour. 

18 (4) Otto Warmbier was unjustly arrested, sen19 tenced to 15 years of hard labor, and severely mis20 treated at the hands of North Korean officials. 

21 While in captivity, Otto Warmbier suffered a serious 

22 medical emergency that placed him into a comatose 

23 state. Otto Warmbier was comatose upon his release 

24 in June 2017 and died 6 days later. 


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1 (5) Despite increased penalties for possession 

2 and viewership of foreign media, the people of North 

3 Korean have increased their desire for foreign media 

4 content, according to a survey of 200 defectors con5 cluding that 90 percent had watched South Korean 

6 or other foreign media before defecting. 

7 (6) On March 23, 2021, in an annual resolu8 tion, the United Nations General Assembly con9 demned ‘‘the long-standing and ongoing systematic, 

10 widespread and gross violations of human rights in 

11 the Democratic People’s Republic of Korea’’ and ex12 pressed grave concern at, among other things, ‘‘the 

13 denial of the right to freedom of thought, conscience, 

14 and religion . . . and of the rights to freedom of 

15 opinion, expression, and association, both online and 

16 offline, which is enforced through an absolute mo17 nopoly on information and total control over orga18 nized social life, and arbitrary and unlawful state 

19 surveillance that permeates the private lives of all 

20 citizens’’. 

21 (7) In 2018, Typhoon Yutu caused extensive 

22 damage to 15 broadcast antennas used by the 

23 United States Agency for Global Media in Asia, re24 sulting in reduced programming to North Korea. 


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1 The United States Agency for Global Media has re2 built 5 of the 15 antenna systems as of June 2021. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) in the event of a crisis situation, particu6 larly where information pertaining to the crisis is 

7 being actively censored or a false narrative is being 

8 put forward, the United States should be able to 

9 quickly increase its broadcasting capability to deliver 

10 fact-based information to audiences, including those 

11 in North Korea; and 

12 (2) the United States International Broad13 casting Surge Capacity Fund is already authorized 

14 under section 316 of the United States International 

15 Broadcasting Act of 1994 (22 U.S.C. 6216), and ex16 panded authority to transfer unobligated balances 

17 from expired accounts of the United States Agency 

18 for Global Media would enable the Agency to more 

19 nimbly respond to crises. 

20 SEC. 3. STATEMENT OF POLICY. 

21 It is the policy of the United States— 

22 (1) to provide the people of North Korea with 

23 access to a diverse range of fact-based information; 

24 (2) to develop and implement novel means of 

25 communication and information sharing to ensure 


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1 that audiences in North Korea can safely create, ac2 cess, and share digital and non-digital news without 

3 fear of repressive censorship, surveillance, or pen4 alties under law; and 

5 (3) to foster and innovate new technologies to 

6 counter North Korea’s state-sponsored repressive 

7 surveillance and censorship by advancing internet 

8 freedom tools, technologies, and new approaches. 

9 SEC. 4. UNITED STATES STRATEGY TO COMBAT NORTH KO10 REA’S REPRESSIVE INFORMATION ENVIRON11 MENT. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of the enactment of this Act, the President shall de14 velop and submit to Congress a strategy on combating 

15 North Korea’s repressive information environment. 

16 (b) ELEMENTS.—The strategy required by subsection 

17 (a) shall include the following: 

18 (1) An assessment of the challenges to the free 

19 flow of information into North Korea created by the 

20 censorship and surveillance technology apparatus of 

21 the Government of North Korea. 

22 (2) A detailed description of the agencies and 

23 other government entities, key officials, and security 

24 services responsible for the implementation of North 


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1 Korea’s repressive laws regarding foreign media con2 sumption. 

3 (3) A detailed description of the agencies and 

4 other government entities and key officials of foreign 

5 governments that assist, facilitate, or aid North Ko6 rea’s repressive censorship and surveillance state. 

7 (4) An assessment of the feasibility of new pub8 lic-private sponsorships to increase free expression, 

9 circumvent censorship, and obstruct repressive sur10 veillance in North Korea. 

11 (5) A description of and funding levels required 

12 for current United States Government programs and 

13 activities to provide access for the people of North 

14 Korea to a diverse range of fact-based information. 

15 (6) Guidance for the relevant Federal agencies, 

16 including the Department of State, on how agencies 

17 should work together and with other federally fund18 ed entities like the United States Agency for Global 

19 Media, to combat North Korea’s repressive censor20 ship and surveillance apparatus by utilizing all avail21 able means. 

22 (7) A detailed assessment of how the United 

23 States International Broadcasting Surge Capacity 

24 Fund authorized under section 316 of the United 

25 States International Broadcasting Act of 1994 (22 


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1 U.S.C. 6216) has operated to respond to crisis situa2 tions in the past, and how authority to transfer un3 obligated balances from expired accounts would help 

4 the United States Agency for Global Media in crisis 

5 situations in the future. 

6 (8) A detailed plan for how the authorization of 

7 appropriations under section 6 will operate alongside 

8 and augment existing programming from the rel9 evant Federal agencies and facilitate the develop10 ment of new tools to assist that programming. 

11 (c) FORM OF STRATEGY.—The strategy required by 

12 subsection (a) shall be submitted in unclassified form, but 

13 may include the matters required by paragraphs (2) and 

14 (3) of subsection (b) in a classified annex. 

15 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO PER16 SONS RESPONSIBLE FOR NORTH KOREA’S RE17 PRESSIVE CENSORSHIP AND SURVEILLANCE 

18 STATE. 

19 (a) IN GENERAL.—The President may impose the 

20 following sanctions with respect to each person identified 

21 under paragraph (2) or (3) of section 4(b): 

22 (1) BLOCKING OF PROPERTY.—The exercise of 

23 all powers granted to the President by the Inter24 national Emergency Economic Powers Act (50 

25 U.S.C. 1701 et seq.) to the extent necessary to block 


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1 and prohibit all transactions in all property and in2 terests in property of the person if such property 

3 and interests in property are in the United States, 

4 come within the United States, or are or come with5 in the possession or control of a United States per6 son. 

7 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

8 PAROLE.— 

9 (A) VISAS, ADMISSION, OR PAROLE.—In 

10 the case of an alien, the alien may be— 

11 (i) inadmissible to the United States; 

12 (ii) ineligible to receive a visa or other 

13 documentation to enter the United States; 

14 and 

15 (iii) otherwise ineligible to be admitted 

16 or paroled into the United States or to re17 ceive any other benefit under the Immigra18 tion and Nationality Act (8 U.S.C. 1101 et 

19 seq.). 

20 (B) CURRENT VISAS REVOKED.— 

21 (i) IN GENERAL.—An alien described 

22 in subparagraph (A) may be subject to rev23 ocation of any visa or other entry docu24 mentation regardless of when the visa or 


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1 other entry documentation is or was 

2 issued. 

3 (ii) EFFECT.—A revocation under 

4 clause (i) shall— 

5 (I) take effect consistent with 

6 section 221 of the Immigration and 

7 Nationality Act (8 U.S.C. 1201); and 

8 (II) cancel any other valid visa or 

9 entry documentation that is in the 

10 alien’s possession. 

11 (b) IMPLEMENTATION; PENALTIES.— 

12 (1) IMPLEMENTATION.—The President may ex13 ercise all authorities provided under sections 203 

14 and 205 of the International Emergency Economic 

15 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

16 this section. 

17 (2) PENALTIES.—A person that violates, at18 tempts to violate, conspires to violate, or causes a 

19 violation of subsection (a)(1) or any regulation, li20 cense, or order issued to carry out that subsection 

21 shall be subject to the penalties set forth in sub22 sections (b) and (c) of section 206 of the Inter23 national Emergency Economic Powers Act (50 

24 U.S.C. 1705) to the same extent as a person that 


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1 commits an unlawful act described in subsection (a) 

2 of that section. 

3 (c) NATIONAL SECURITY WAIVER.—The President 

4 may waive the imposition of sanctions under subsection 

5 (a) with respect to a person if the President— 

6 (1) determines that such a waiver is in the na7 tional security interests of the United States; and 

8 (2) submits to the appropriate congressional 

9 committees a notification of the waiver and the rea10 sons for the waiver. 

11 (d) EXCEPTIONS.— 

12 (1) INTELLIGENCE ACTIVITIES.—This section 

13 shall not apply with respect to activities subject to 

14 the reporting requirements under title V of the Na15 tional Security Act of 1947 (50 U.S.C. 3091 et seq.) 

16 or any authorized intelligence activities of the United 

17 States. 

18 (2) LAW ENFORCEMENT ACTIVITIES.—Sanc19 tions under this section shall not apply with respect 

20 to any authorized law enforcement activities of the 

21 United States. 

22 (3) EXCEPTION TO COMPLY WITH INTER23 NATIONAL AGREEMENTS.—Subsection (a)(2) shall 

24 not apply with respect to the admission of an alien 

25 to the United States if such admission is necessary 


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1 to comply with the obligations of the United States 

2 under the Agreement regarding the Headquarters of 

3 the United Nations, signed at Lake Success June 

4 26, 1947, and entered into force November 21, 

5 1947, between the United Nations and the United 

6 States, under the Convention on Consular Relations, 

7 done at Vienna April 24, 1963, and entered into 

8 force March 19, 1967, or under other international 

9 agreements. 

10 (4) EXCEPTION RELATING TO IMPORTATION OF

11 GOODS.— 

12 (A) IN GENERAL.—The authority or a re13 quirement to impose sanctions under this sec14 tion shall not include the authority or a require15 ment to impose sanctions on the importation of 

16 goods. 

17 (B) GOOD DEFINED.—In this paragraph, 

18 the term ‘‘good’’ means any article, natural or 

19 manmade substance, material, supply, or manu20 factured product, including inspection and test 

21 equipment, and excluding technical data. 

22 (e) DEFINITIONS.—In this section: 

23 (1) ADMISSION; ADMITTED; ALIEN.—The terms 

24 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 


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1 meanings given those terms in section 101 of the 

2 Immigration and Nationality Act (8 U.S.C. 1101). 

3 (2) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Relations, 

7 the Committee on Banking, Housing, and 

8 Urban Affairs, and the Select Committee on In9 telligence of the Senate; and 

10 (B) the Committee on Foreign Affairs, the 

11 Committee on Financial Services, and the Per12 manent Select Committee on Intelligence of the 

13 House of Representatives. 

14 (3) UNITED STATES PERSON.—The term 

15 ‘‘United States person’’ means— 

16 (A) a United States citizen or an alien law17 fully admitted to the United States for perma18 nent residence; or 

19 (B) an entity organized under the laws of 

20 the United States or any jurisdiction within the 

21 United States. 


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1 SEC. 6. PROMOTING FREEDOM OF INFORMATION AND 

2 COUNTERING CENSORSHIP AND SURVEIL3 LANCE IN NORTH KOREA. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the United States 

6 Agency for Global Media $10,000,000 for each of fiscal 

7 years 2022 through 2026 to provide increased broad8 casting and grants for the following purposes: 

9 (1) To promote the development of internet 

10 freedom tools, technologies, and new approaches, in11 cluding both digital and non-digital means of infor12 mation sharing related to North Korea. 

13 (2) To explore public-private partnerships to 

14 counter North Korea’s repressive censorship and 

15 surveillance state. 

16 (3) To develop new means to protect the pri17 vacy and identity of individuals receiving media from 

18 the United States Agency for Global Media and 

19 other outside media outlets from within North 

20 Korea. 

21 (4) To bolster existing programming from the 

22 United States Agency for Global Media by restoring 

23 the broadcasting capacity of damaged antennas 

24 caused by Typhoon Yutu in 2018. 

25 (b) ANNUAL REPORTS.—Not later than one year 

26 after the date of the enactment of this Act, and annually 


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1 thereafter for the following 4 years, the Secretary of State, 

2 in consultation with the Chief Executive Officer of the 

3 United States Agency for Global Media, shall submit to 

4 Congress a report that describes the activities carried out 

5 using amounts authorized to be appropriated under sub6 section (a) during the year preceding submission of the 

7 report. 

Æ 


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