S. 2129 — what changed

to provide the people of North Korea with access to a diverse range of fact-based information;

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.

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.

Elements— The strategy required by subsection (a) shall include the following:

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.

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.

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.

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.

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.

Visas, admission, or parole— In the case of an alien, the alien may be—

inadmissible to the United States;

ineligible to receive a visa or other documentation to enter the United States; and

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.).

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.

Effect— A revocation under clause (i) shall—

take effect consistent with section 221 of the Immigration and Nationality Act (8 U.S.C. 1201); and

cancel any other valid visa or entry documentation that is in the alien’s possession.

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.

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.

National security waiver— The President may waive the imposition of sanctions under subsection (a) with respect to a person if the President—

determines that such a waiver is in the national security interests of the United States; and

submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.

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.

Law enforcement activities— Sanctions under this section shall not apply with respect to any authorized law enforcement activities of the United States.

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.

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.

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.

Definitions— In this section:

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).

Appropriate congressional committees— The term appropriate congressional committees means—

the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and

the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives.