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. 

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

2 This Act may be cited as the ‘‘Otto Warmbier Coun3 tering North Korean Censorship and Surveillance Act of 

4 2021’’. 

5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) The information landscape in North Korea 

9 is the most repressive in the world, consistently 

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

11 Freedom Index. 

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

13 country’s leader since 2012, the North Korean re14 gime has tightened controls on access to informa15 tion, as well as enacted harsh punishments for con16 sumers of outside media, including sentencing to 

17 time in a concentration camp and a maximum pen18 alty of death. 

19 (3) Such repressive and unjust laws sur20 rounding information in North Korea resulted in the 

21 death of 22-year-old United States citizen and uni22 versity student Otto Warmbier, who had traveled to 

23 North Korea in December 2015 as part of a guided 

24 tour. 

25 (4) Otto Warmbier was unjustly arrested, sen26 tenced to 15 years of hard labor, and severely mis-
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1 treated at the hands of North Korean officials. 

2 While in captivity, Otto Warmbier suffered a serious 

3 medical emergency that placed him into a comatose 

4 state. Otto Warmbier was comatose upon his release 

5 in June 2017 and died 6 days later. 

6 (5) Despite increased penalties for possession 

7 and viewership of foreign media, the people of North 

8 Korean have increased their desire for foreign media 

9 content, according to a survey of 200 defectors con10 cluding that 90 percent had watched South Korean 

11 or other foreign media before defecting. 

12 (6) On March 23, 2021, in an annual resolu13 tion, the United Nations General Assembly con14 demned ‘‘the long-standing and ongoing systematic, 

15 widespread and gross violations of human rights in 

16 the Democratic People’s Republic of Korea’’ and ex17 pressed grave concern at, among other things, ‘‘the 

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

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

20 opinion, expression, and association, both online and 

21 offline, which is enforced through an absolute mo22 nopoly on information and total control over orga23 nized social life, and arbitrary and unlawful state 

24 surveillance that permeates the private lives of all 

25 citizens’’. 
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1 (7) In 2018, Typhoon Yutu caused extensive 

2 damage to 15 broadcast antennas used by the 

3 United States Agency for Global Media in Asia, re4 sulting in reduced programming to North Korea. 

5 The United States Agency for Global Media has re6 built 5 of the 15 antenna systems as of June 2021. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) in the event of a crisis situation, particu10 larly where information pertaining to the crisis is 

11 being actively censored or a false narrative is being 

12 put forward, the United States should be able to 

13 quickly increase its broadcasting capability to deliver 

14 fact-based information to audiences, including those 

15 in North Korea; and 

16 (2) the United States International Broad17 casting Surge Capacity Fund is already authorized 

18 under section 316 of the United States International 

19 Broadcasting Act of 1994 (22 U.S.C. 6216), and ex20 panded authority to transfer unobligated balances 

21 from expired accounts of the United States Agency 

22 for Global Media would enable the Agency to more 

23 nimbly respond to crises. 

24 SEC. 3. STATEMENT OF POLICY. 

25 It is the policy of the United States— 
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1 (1) to provide the people of North Korea with 

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

3 (2) to develop and implement novel means of 

4 communication and information sharing that in5 crease opportunities for audiences in North Korea to 

6 safely create, access, and share digital and non-dig7 ital news without fear of repressive censorship, sur8 veillance, or penalties under law; and 

9 (3) to foster and innovate new technologies to 

10 counter North Korea’s state-sponsored repressive 

11 surveillance and censorship by advancing internet 

12 freedom tools, technologies, and new approaches. 

13 SEC. 4. UNITED STATES STRATEGY TO COMBAT NORTH KO14 REA’S REPRESSIVE INFORMATION ENVIRON15 MENT. 

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

17 date of the enactment of this Act, the President shall de18 velop and submit to Congress a strategy on combating 

19 North Korea’s repressive information environment. 

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

21 (a) shall include the following: 

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

23 flow of information into North Korea created by the 

24 censorship and surveillance technology apparatus of 

25 the Government of North Korea. 
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1 (2) A detailed description of the agencies and 

2 other government entities, key officials, and security 

3 services responsible for the implementation of North 

4 Korea’s repressive laws regarding foreign media con5 sumption. 

6 (3) A detailed description of the agencies and 

7 other government entities and key officials of foreign 

8 governments that assist, facilitate, or aid North Ko9 rea’s repressive censorship and surveillance state. 

10 (4) A review of existing public-private partner11 ships that provide circumvention technology and an 

12 assessment of the feasibility and utility of new tools 

13 to increase free expression, circumvent censorship, 

14 and obstruct repressive surveillance in North Korea. 

15 (5) A description of and funding levels required 

16 for current United States Government programs and 

17 activities to provide access for the people of North 

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

19 (6) An update of the plan required by section 

20 104(a)(7)(A) of the North Korean Human Rights 

21 Act of 2004 (22 U.S.C. 7814(a)(7)(A)). 

22 (7) A description of Department of State pro23 grams and funding levels for programs that promote 

24 internet freedom in North Korea, including moni25 toring and evaluation efforts. 
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1 (8) A description of grantee programs of the 

2 United States Agency for Global Media in North 

3 Korea that facilitate circumvention tools and broad4 casting, including monitoring and evaluation efforts. 

5 (9) A detailed assessment of how the United 

6 States International Broadcasting Surge Capacity 

7 Fund authorized under section 316 of the United 

8 States International Broadcasting Act of 1994 (22 

9 U.S.C. 6216) has operated to respond to crisis situa10 tions in the past, and how authority to transfer un11 obligated balances from expired accounts would help 

12 the United States Agency for Global Media in crisis 

13 situations in the future. 

14 (10) A detailed plan for how the authorization 

15 of appropriations under section 7 will operate along16 side and augment existing programming from the 

17 relevant Federal agencies and facilitate the develop18 ment of new tools to assist that programming. 

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

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

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

22 (3) of subsection (b) in a classified annex. 
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1 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO PER2 SONS RESPONSIBLE FOR NORTH KOREA’S RE3 PRESSIVE CENSORSHIP AND SURVEILLANCE 

4 STATE. 

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

6 following sanctions with respect to any foreign person that 

7 the President determines knowingly engaged in, facili8 tated, or was responsible for censorship by the Govern9 ment of North Korea or the Workers’ Party of Korea iden10 tified under paragraph (2) or (3) of section 4(b): 

11 (1) BLOCKING OF PROPERTY.—The President 

12 may exercise all of the powers granted to the Presi13 dent under the International Emergency Economic 

14 Powers Act (50 U.S.C. 1701 et seq.) to the extent 

15 necessary to block and prohibit all transactions in 

16 property and interests in property of the foreign per17 son if such property and interests in property are in 

18 the United States, come within the United States, or 

19 are or come within the possession or control of a 

20 United States person. 

21 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

22 PAROLE.— 

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

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

25 (i) inadmissible to the United States; 
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1 (ii) ineligible to receive a visa or other 

2 documentation to enter the United States; 

3 and 

4 (iii) otherwise ineligible to be admitted 

5 or paroled into the United States or to re6 ceive any other benefit under the Immigra7 tion and Nationality Act (8 U.S.C. 1101 et 

8 seq.). 

9 (B) CURRENT VISAS REVOKED.— 

10 (i) IN GENERAL.—An alien described 

11 in subparagraph (A) may be subject to rev12 ocation of any visa or other entry docu13 mentation regardless of when the visa or 

14 other entry documentation is or was 

15 issued. 

16 (ii) EFFECT.—A revocation under 

17 clause (i) shall— 

18 (I) take effect consistent with 

19 section 221 of the Immigration and 

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

21 (II) cancel any other valid visa or 

22 entry documentation that is in the 

23 alien’s possession. 

24 (b) IMPLEMENTATION; PENALTIES.— 
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1 (1) IMPLEMENTATION.—The President may ex2 ercise all authorities provided under sections 203 

3 and 205 of the International Emergency Economic 

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

5 this section. 

6 (2) PENALTIES.—A person that violates, at7 tempts to violate, conspires to violate, or causes a 

8 violation of subsection (a)(1) or any regulation, li9 cense, or order issued to carry out that subsection 

10 shall be subject to the penalties set forth in sub11 sections (b) and (c) of section 206 of the Inter12 national Emergency Economic Powers Act (50 

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

14 commits an unlawful act described in subsection (a) 

15 of that section. 

16 (c) NATIONAL SECURITY WAIVER.—The President 

17 may waive the imposition of sanctions under subsection 

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

19 (1) determines that such a waiver is in the na20 tional security interests of the United States; and 

21 (2) submits to the appropriate congressional 

22 committees a notification of the waiver and the rea23 sons for the waiver. 

24 (d) EXCEPTIONS.— 
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1 (1) INTELLIGENCE ACTIVITIES.—This section 

2 shall not apply with respect to activities subject to 

3 the reporting requirements under title V of the Na4 tional Security Act of 1947 (50 U.S.C. 3091 et seq.) 

5 or any authorized intelligence activities of the United 

6 States. 

7 (2) LAW ENFORCEMENT ACTIVITIES.—Sanc8 tions under this section shall not apply with respect 

9 to any authorized law enforcement activities of the 

10 United States. 

11 (3) EXCEPTION TO COMPLY WITH INTER12 NATIONAL AGREEMENTS.—Subsection (a)(2) shall 

13 not apply with respect to the admission of an alien 

14 to the United States if such admission is necessary 

15 to comply with the obligations of the United States 

16 under the Agreement regarding the Headquarters of 

17 the United Nations, signed at Lake Success June 

18 26, 1947, and entered into force November 21, 

19 1947, between the United Nations and the United 

20 States, under the Convention on Consular Relations, 

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

22 force March 19, 1967, or under other international 

23 agreements. 

24 (4) EXCEPTION RELATING TO IMPORTATION OF

25 GOODS.— 
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1 (A) IN GENERAL.—The authority or a re2 quirement to impose sanctions under this sec3 tion shall not include the authority or a require4 ment to impose sanctions on the importation of 

5 goods. 

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

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

8 manmade substance, material, supply, or manu9 factured product, including inspection and test 

10 equipment, and excluding technical data. 

11 (e) DEFINITIONS.—In this section: 

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

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

14 meanings given those terms in section 101 of the 

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

16 (2) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means— 

19 (A) the Committee on Foreign Relations, 

20 the Committee on Banking, Housing, and 

21 Urban Affairs, and the Select Committee on In22 telligence of the Senate; and 

23 (B) the Committee on Foreign Affairs, the 

24 Committee on Financial Services, and the Per-
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1 manent Select Committee on Intelligence of the 

2 House of Representatives. 

3 (3) FOREIGN PERSON.—The term ‘‘foreign per4 son’’ means any person that is not a United States 

5 person. 

6 (4) UNITED STATES PERSON.—The term 

7 ‘‘United States person’’ means— 

8 (A) a United States citizen or an alien law9 fully admitted to the United States for perma10 nent residence; 

11 (B) an entity organized under the laws of 

12 the United States or any jurisdiction within the 

13 United States; or 

14 (C) any person in the United States. 

15 SEC. 6. REPORT ON ENFORCEMENT OF SANCTIONS WITH 

16 RESPECT TO NORTH KOREA. 

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

18 date of the enactment of this Act, and annually thereafter 

19 through 2024, the Secretary of State and the Secretary 

20 of the Treasury shall jointly submit to the appropriate 

21 congressional committees (as defined in section 5(e)) a re22 port on sanctions-related activities and enforcement un23 dertaken by the United States Government with respect 

24 to North Korea during the period described in subsection 

25 (b) that includes— 
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1 (1) an assessment of activities conducted by 

2 persons in North Korea or the Government of North 

3 Korea that would require mandatory designations 

4 pursuant to the North Korea Sanctions and Policy 

5 Enhancement Act of 2016 (22 U.S.C. 9201 et seq.); 

6 and 

7 (2) sanctions-related enforcement or other sanc8 tions-related actions undertaken by the United 

9 States Government pursuant to that Act. 

10 (b) PERIOD DESCRIBED.—The period described in 

11 this subsection is— 

12 (1) in the case of the first report required by 

13 subsection (a), the period beginning on January 1, 

14 2021, and ending on the date on which the report 

15 is required to be submitted; and 

16 (2) in the case of each subsequent report re17 quired by subsection (a), the one-year period pre18 ceding submission of the report. 

19 SEC. 7. PROMOTING FREEDOM OF INFORMATION AND 

20 COUNTERING CENSORSHIP AND SURVEIL21 LANCE IN NORTH KOREA. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the United States 

24 Agency for Global Media $10,000,000 for each of fiscal 
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1 years 2022 through 2026 to provide increased broad2 casting and grants for the following purposes: 

3 (1) To promote the development of internet 

4 freedom tools, technologies, and new approaches, in5 cluding both digital and non-digital means of infor6 mation sharing related to North Korea. 

7 (2) To explore public-private partnerships to 

8 counter North Korea’s repressive censorship and 

9 surveillance state. 

10 (3) To develop new means to protect the pri11 vacy and identity of individuals receiving media from 

12 the United States Agency for Global Media and 

13 other outside media outlets from within North 

14 Korea. 

15 (4) To bolster existing programming from the 

16 United States Agency for Global Media by restoring 

17 the broadcasting capacity of damaged antennas 

18 caused by Typhoon Yutu in 2018. 

19 (b) ANNUAL REPORTS.—Section 104(a)(7)(B) of the 

20 North Korean Human Rights Act of 2004 (22 U.S.C. 

21 7814(a)(7)(B)) is amended— 

22 (1) in the matter preceding clause (i)— 

23 (A) by striking ‘‘1 year after the date of 

24 the enactment of this paragraph’’ and inserting 

25 ‘‘September 30, 2022’’; and 
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1 (B) by striking ‘‘Broadcasting Board of 

2 Governors’’ and inserting ‘‘Chief Executive Of3 ficer of the United States Agency for Global 

4 Media’’; and 

5 (2) in clause (i), by inserting after ‘‘this sec6 tion’’ the following: ‘‘and sections 4 and 7 of the 

7 Otto Warmbier Countering North Korean Censor8 ship 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 

for other purposes. censorship and surveillance in North Korea, and