#aagth ,,congress #b;d ,session ,s4 #babi ,,an ,,act ,to promote freedom of information and counter censorship and surveillance in ,north ,korea1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,otto ,warmbier ,countering ,north ,korean ,censorship and ,surveillance ,act of #bjba4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,the information landscape in ,north ,korea is the most repressive in the world1 consistently ranking last or near-last in the annual ,world ,press ,freedom ,index4 7#b7 ,under the brutal rule of ,kim ,jung ,un1 the country's leader since #bjab1 the ,north ,korean regime has tightened controls on access to information1 as well as enacted harsh punishments for consumers of outside media1 including sentencing to time in a concentration camp and a maximum penalty of death4 7#c7 ,such repressive and unjust laws surrounding information in ,north ,korea resulted in the death of #bb-year-old ,united ,states citizen and university student ,otto ,warmbier1 who had traveled to ,north ,korea in ,december #bjae as part of a guided tour4 7#d7 ,otto ,warmbier was unjustly arrested1 sentenced to #ae years of hard labor1 and severely mistreated at the hands of ,north ,korean officials4 ,while in captivity1 ,otto ,warmbier suffered a serious medical emergency that placed him into a comatose state4 ,otto ,warmbier was comatose upon his release in ,june #bjag and died #f days later4 7#e7 ,despite increased penalties for possession and viewership of foreign media1 the people of ,north ,korean have increased their desire for foreign media content1 according to a survey of #bjj defectors concluding that #ij percent had watched ,south ,korean or other foreign media before defecting4 7#f7 ,on ,march #bc1 #bjba1 in an annual resolution1 the ,united ,nations ,general ,assembly condemned the long-standing and ongoing systematic1 widespread and gross violations of human rights in the ,democratic ,people's ,republic of ,korea and expressed grave concern at1 among other things1 the denial of the right to freedom of thought1 conscience1 and religion ''' and of the rights to freedom of opinion1 expression1 and association1 both online and offline1 which is enforced through an absolute monopoly on information and total control over organized social life1 and arbitrary and unlawful state surveillance that permeates the private lives of all citizens4 7#g7 ,in #bjah1 ,typhoon ,yutu caused extensive damage to #ae broadcast antennas used by the ,united ,states ,agency for ,global ,media in ,asia1 resulting in reduced programming to ,north ,korea4 ,the ,united ,states ,agency for ,global ,media has rebuilt #e of the #ae antenna systems as of ,june #bjba4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 in the event of a crisis situation1 particularly where information pertaining to the crisis is being actively censored or a false narrative is being put forward1 the ,united ,states should be able to quickly increase its broadcasting capability to deliver fact-based information to audiences1 including those in ,north ,korea2 and 7#b7 the ,united ,states ,international ,broadcasting ,surge ,capacity ,fund is already authorized under section #caf of the ,united ,states ,international ,broadcasting ,act of #aiid 7#bb ,u4,s4,c4 #fbaf71 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 crises4 #c4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to provide the people of ,north ,korea with access to a diverse range of fact-based information2 7#b7 to develop and implement novel means of communication and information sharing that increase opportunities for audiences in ,north ,korea to safely create1 access1 and share digital and non-digital news without fear of repressive censorship1 surveillance1 or penalties under law2 and 7#c7 to foster and innovate new technologies to counter ,north ,korea's state-sponsored repressive surveillance and censorship by advancing internet freedom tools1 technologies1 and new approaches4 #d4 ,united ,states strategy to combat ,north ,korea's repressive information environment 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall develop and submit to ,congress a strategy on combating ,north ,korea's repressive information environment4 7b7 ,elements ,the strategy required by subsection 7a7 shall include the following3 7#a7 ,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 ,korea4 7#b7 ,a detailed description of the agencies and other government entities1 key officials1 and security services responsible for the implementation of ,north ,korea's repressive laws regarding foreign media consumption4 7#c7 ,a detailed description of the agencies and other government entities and key officials of foreign governments that assist1 facilitate1 or aid ,north ,korea's repressive censorship and surveillance state4 7#d7 ,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 expression1 circumvent censorship1 and obstruct repressive surveillance in ,north ,korea4 7#e7 ,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 information4 7#f7 ,an update of the plan required by section #ajd7;a77#g77;,a7 of the ,north ,korean ,human ,rights ,act of #bjjd 7#bb ,u4,s4,c4 #ghad7;a77#g77;,a774 7#g7 ,a description of ,department of ,state programs and funding levels for programs that promote internet freedom in ,north ,korea1 including monitoring and evaluation efforts4 7#h7 ,a description of grantee programs of the ,united ,states ,agency for ,global ,media in ,north ,korea that facilitate circumvention tools and broadcasting1 including monitoring and evaluation efforts4 7#i7 ,a detailed assessment of how the ,united ,states ,international ,broadcasting ,surge ,capacity ,fund authorized under section #caf of the ,united ,states ,international ,broadcasting ,act of #aiid 7#bb ,u4,s4,c4 #fbaf7 has operated to respond to crisis situations in the past1 and how authority to transfer unobligated balances from expired accounts would help the ,united ,states ,agency for ,global ,media in crisis situations in the future4 7#aj7 ,a detailed plan for how the authorization of appropriations under section #g will operate alongside and augment existing programming from the relevant ,federal agencies and facilitate the development of new tools to assist that programming4 7c7 ,form of strategy ,the strategy required by subsection 7a7 shall be submitted in unclassified form1 but may include the matters required by paragraphs 7#b7 and 7#c7 of subsection 7b7 in a classified annex4 #e4 ,imposition of sanctions with respect to persons responsible for ,north ,korea's repressive censorship and surveillance state 7a7 ,in general ,the ,president may impose the following sanctions with respect to any foreign person that the ,president determines knowingly engaged in1 facilitated1 or was responsible for censorship by the ,government of ,north ,korea or the ,workers' ,party of ,korea identified under paragraph 7#b7 or 7#c7 of section #d7;b73 7#a7 ,blocking of property ,the ,president may exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,ineligibility for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,in the case of an alien1 the alien may be-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,an alien described in subparagraph 7,a7 may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,effect ,a revocation under clause 7i7 shall-- 7,i7 take effect consistent with section #bba of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja72 and 7,,ii7 cancel any other valid visa or entry documentation that is in the alien's possession4 7b7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7a77#a7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7c7 ,national security waiver ,the ,president may waive the imposition of sanctions under subsection 7a7 with respect to a person if the ,president-- 7#a7 determines that such a waiver is in the national security interests of the ,united ,states2 and 7#b7 submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver4 7d7 ,exceptions 7#a7 ,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 #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any authorized intelligence activities of the ,united ,states4 7#b7 ,law enforcement activities ,sanctions under this section shall not apply with respect to any authorized law enforcement activities of the ,united ,states4 7#c7 ,exception to comply with international agreements ,subsection 7a77#b7 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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 under the ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc1 and entered into force ,march #ai1 #aifg1 or under other international agreements4 7#d7 ,exception relating to importation of goods 7,a7 ,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 goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply1 or manufactured product1 including inspection and test equipment1 and excluding technical data4 7e7 ,definitions ,in this section3 7#a7 ,admission2 admitted2 alien ,the terms admission1 admitted1 and alien have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#c7 ,foreign person ,the term foreign person means any person that is not a ,united ,states person4 7#d7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted to the ,united ,states for permanent residence2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states2 or 7,c7 any person in the ,united ,states4 #f4 ,report on enforcement of sanctions with respect to ,north ,korea 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter through #bjbd1 the ,secretary of ,state and the ,secretary of the ,treasury shall jointly submit to the appropriate congressional committees 7as defined in section #e7;e77 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 7b7 that includes-- 7#a7 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 #bjaf 7#bb ,u4,s4,c4 #ibja et seq472 and 7#b7 sanctions-related enforcement or other sanctions-related actions undertaken by the ,united ,states ,government pursuant to that ,act4 7b7 ,period described ,the period described in this subsection is-- 7#a7 in the case of the first report required by subsection 7a71 the period beginning on ,january #a1 #bjba1 and ending on the date on which the report is required to be submitted2 and 7#b7 in the case of each subsequent report required by subsection 7a71 the one-year period preceding submission of the report4 #g4 ,promoting freedom of information and countering censorship and surveillance in ,north ,korea 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,united ,states ,agency for ,global ,media #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf to provide increased broadcasting and grants for the following purposes3 7#a7 ,to promote the development of internet freedom tools1 technologies1 and new approaches1 including both digital and non-digital means of information sharing related to ,north ,korea4 7#b7 ,to explore public-private partnerships to counter ,north ,korea's repressive censorship and surveillance state4 7#c7 ,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 ,korea4 7#d7 ,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 #bjah4 7b7 ,annual reports ,section #ajd7;a77#g77;,b7 of the ,north ,korean ,human ,rights ,act of #bjjd 7#bb ,u4,s4,c4 #ghad7;a77#g77;,b77 is amended-- 7#a7 in the matter preceding clause 7i7-- 7,a7 by striking #a year after the date of the enactment of this paragraph and inserting ,september #cj1 #bjbb2 and 7,b7 by striking ,broadcasting ,board of ,governors and inserting ,chief ,executive ,officer of the ,united ,states ,agency for ,global ,media2 and 7#b7 in clause 7i71 by inserting after this section the following3 and sections #d and #g of the ,otto ,warmbier ,countering ,north ,korean ,censorship and ,surveillance ,act of #bjba4 ,passed the ,senate ,june #af1 #bjbb4,secretary