[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8641 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8641

   To protect journalists and other members of the press from gross 
 violations of internationally recognized human rights, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2020

 Mr. Schiff (for himself, Mr. McGovern, Mr. Hastings, Mr. Takano, Ms. 
Wild, Mr. San Nicolas, Mr. Green of Texas, Ms. Schakowsky, Mr. Khanna, 
Ms. Norton, Mr. Deutch, Mr. Raskin, Ms. Lee of California, Mrs. Bustos, 
 Mr. Sires, Mr. Cohen, and Mr. Neguse) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
  to the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To protect journalists and other members of the press from gross 
 violations of internationally recognized human rights, 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 ``Jamal Khashoggi Press Freedom 
Accountability Act of 2020''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A free and independent press is necessary for citizens 
        to make informed choices on issues of public concern, to have 
        the information necessary to recognize truth from falsehood, 
        and to hold the powerful and government officials to account.
            (2) As reflected in the First Amendment to the United 
        States Constitution, a free press is essential to safeguard 
        democracy.
            (3) The suppression of the press is historically associated 
        with authoritarian rule.
            (4) As provided in Article 19 of the United Nations 
        Universal Declaration of Human Rights and the International 
        Covenant on Civil and Political Rights, all people enjoy the 
        right to freedom of opinion and expression, which includes the 
        right to seek, receive, and impart information.
            (5) An informed public is fundamental to a free society.
            (6) In accordance with a long United States history of 
        championing freedom of the press around the globe, the Daniel 
        Pearl Freedom of the Press Act of 2009 was enacted into law 
        (Public Law 111-166).
            (7) Since the passage of the Daniel Pearl Freedom of the 
        Press Act of 2009, the global environment for a free and 
        independent press has become more repressive.
            (8) According to 2019 data from the Committee to Protect 
        Journalists, for the fourth consecutive year, at least 248 
        journalists were imprisoned globally in 2019, and in 96 percent 
        of the 337 cases in which journalists were murdered for their 
        work worldwide in the preceding decade, either no perpetrator 
        was successfully prosecuted or only some of the suspected 
        perpetrators were convicted.
            (9) According to 2019 data from Freedom House, in seven of 
        the last 10 years, more countries have seen declines in press 
        freedom scores than improvements. In the last five years, 
        nearly 50 percent more countries have seen a net decline in 
        press freedom.
            (10) According to 2019 data from Reporters Without Borders, 
        63 percent of the journalists killed last year were 
        deliberately targeted and 59 percent were killed outside 
        warzones.
            (11) In 2018, the brutal murder of Jamal Khashoggi at the 
        hands of Saudi intelligence officers acting on explicit orders 
        of the Saudi Government underscored the extent to which those 
        in power will go to stifle the freedom of expression, silence 
        their critics, and eliminate the threat they believe 
        independent journalists pose to their rule.

SEC. 3. EXPANDING SCOPE OF HUMAN RIGHTS REPORTS WITH RESPECT TO 
              VIOLATIONS OF HUMAN RIGHTS OF JOURNALISTS.

    The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 
amended as follows:
            (1) In paragraph (12) of section 116(d)--
                    (A) in subparagraph (B)--
                            (i) by inserting ``or online harassment'' 
                        after ``direct physical attacks''; and
                            (ii) by inserting ``or surveillance'' after 
                        ``sources of pressure'';
                    (B) in subparagraph (C)(ii), by striking ``ensure 
                the prosecution'' and all that follows to the end of 
                the clause and inserting ``ensure the investigation, 
                prosecution, and conviction of government officials or 
                private individuals who engage in or facilitate digital 
                or physical attacks, including hacking, censorship, 
                surveillance, harassment, unlawful imprisonment, or 
                bodily harm, against journalists and others who 
                perform, or provide administrative support to, the 
                dissemination of print, broadcast, internet-based, or 
                social media intended to communicate facts or 
                opinion.'';
                    (C) by redesignating subparagraphs (B) and (C) (as 
                amended by subparagraph (A) of this section) as 
                subparagraphs (C) and (D), respectively; and
                    (D) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) an identification of countries in which there 
                were gross violations of internationally recognized 
                human rights (as such term is defined for purposes of 
                section 502B) committed against journalists;''.
            (2) By redesignating the second subsection (i) of section 
        502B as subsection (j).
            (3) In the first subsection (i) of section 502B--
                    (A) in paragraph (2)--
                            (i) by inserting ``or online harassment'' 
                        after ``direct physical attacks''; and
                            (ii) by inserting ``or surveillance'' after 
                        ``sources of pressure'';
                    (B) by redesignating paragraph (2) (as amended by 
                subparagraph (A) of this section) and paragraph (3) as 
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) an identification of countries in which there were 
        gross violations of internationally recognized human rights 
        committed against journalists;''.

SEC. 4. IMPOSITION OF SANCTIONS ON PERSONS RESPONSIBLE FOR THE 
              COMMISSION OF GROSS VIOLATIONS OF INTERNATIONALLY 
              RECOGNIZED HUMAN RIGHTS AGAINST JOURNALISTS.

    (a) Listing of Persons Who Have Committed Gross Violations of 
Internationally Recognized Human Rights.--
            (1) In general.--On or after the date on which a person is 
        listed pursuant to paragraph (2), the President shall impose 
        the sanctions described in subsection (b) on each foreign 
        person the President determines, based on credible information, 
        has perpetrated, ordered, or otherwise directed the 
        extrajudicial killing of or other gross violation of 
        internationally recognized human rights committed against a 
        journalist or other person who performs, or provides 
        administrative support to, the dissemination of print, 
        broadcast, internet-based, or social media intended to report 
        newsworthy activities or information, or communicate facts or 
        fact-based opinions.
            (2) Publication of list.--The Secretary of State shall 
        publish on a publicly available website of the Department of 
        State a list of the names of each foreign person determined 
        pursuant to paragraph (1) to have perpetrated, ordered, or 
        directed an act described in such paragraph. Such list shall be 
        updated at least annually.
            (3) Exception.--The President may waive the imposition of 
        sanctions under paragraph (1) and omit a foreign person from 
        the list published in accordance with paragraph (2), or 
        terminate such sanctions and remove a foreign person from such 
        list, if the President certifies to the Committee on Foreign 
        Affairs of the House of Representatives and the Committee on 
        Foreign Relations of the Senate--
                    (A) that public identification of the individual is 
                not in the national interest of the United States, 
                including an unclassified description of the factual 
                basis supporting such certification that may contain a 
                classified annex; or
                    (B) that appropriate foreign government authorities 
                have credibly--
                            (i) investigated the foreign person and, as 
                        appropriate, held such person accountable for 
                        perpetrating, ordering, or directing the acts 
                        described in paragraph (1);
                            (ii) publicly condemned violations of the 
                        freedom of the press and the acts described in 
                        paragraph (1);
                            (iii) complied with any requests for 
                        information from international or regional 
                        human rights organizations with respect to the 
                        acts described in paragraph (1); and
                            (iv) complied with any United States 
                        Government requests for information with 
                        respect to the acts described in paragraph (1).
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Asset blocking.--The President shall 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 a foreign person 
        identified in the report required under subsection (a)(1) if 
        such property and interests in property are in the United 
        States, come within the United States, or come within the 
        possession or control of a United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a)(1) is--
                            (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 
                        subsection (a)(1) is subject to revocation of 
                        any visa or other entry documentation 
                        regardless of when the visa or other entry 
                        documentation is or was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall take effect immediately, and 
                        automatically cancel any other valid visa or 
                        entry documentation that is in the alien's 
                        possession.
            (3) Exceptions.--
                    (A) Exception for intelligence activities.--The 
                sanctions described in this subsection shall not apply 
                to any activity 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.
                    (B) Exception to comply with international 
                obligations.--The sanctions described in this 
                subsection shall not apply with respect to an alien if 
                admitting or paroling the alien into the United States 
                is necessary to permit the United States to comply with 
                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, or other 
                applicable international obligations.
    (c) 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.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign 
        person that violates, attempts to violate, conspires to 
        violate, or causes a violation of this section to the same 
        extent that such penalties apply to a person that commits an 
        unlawful act described in subsection (a) of such section 206.
    (d) Exception Relating to the Importation of Goods.--
            (1) In general.--The authorities and requirements to impose 
        sanctions under this Act shall not include any authority or 
        requirement to impose sanctions on the importation of goods.
            (2) Good defined.--For purposes of this subsection, the 
        term ``good'' means any article, natural or man-made substance, 
        material, supply, or manufactured product, including inspection 
        and test equipment and excluding technical data.
    (e) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1001).
            (2) Foreign person.--The term ``foreign person'' means an 
        individual who is not--
                    (A) a United States citizen or national; or
                    (B) an alien lawfully admitted for permanent 
                residence to the United States.
            (3) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen, an alien lawfully 
                admitted for permanent residence to the United States, 
                or any other individual subject to the jurisdiction of 
                the United States;
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such entity; or
                    (C) any person in the United States.

SEC. 5. PROHIBITION ON FOREIGN ASSISTANCE.

    (a) Prohibition.--Assistance authorized under the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export 
Control Act (22 U.S.C. 2751 et seq.) may not be made available to any 
governmental entity of a country if the Secretary of State or the 
Director of National Intelligence has credible information that one or 
more officials associated with, leading, or otherwise acting under the 
authority of such entity has committed a gross violation of 
internationally recognized human rights against a journalist or other 
person who performs, or provides administrative support to, the 
dissemination of print, broadcast, internet-based, or social media 
intended to report newsworthy activities or information, or communicate 
facts or fact-based opinions. To the maximum extent practicable, a list 
of such governmental entities shall be published on publicly available 
websites of the Department of State and of the Office of the Director 
of National Intelligence and shall be updated on a regular basis.
    (b) Prompt Information.--The Secretary of State shall promptly 
inform appropriate officials of the government of a country from which 
assistance is withheld in accordance with the prohibition under 
subsection (a).
    (c) Exception.--The prohibition under subsection (a) shall not 
apply with respect to the following:
            (1) Humanitarian assistance or disaster relief assistance 
        authorized under the Foreign Assistance Act of 1961.
            (2) Assistance the Secretary determines to be essential to 
        assist the government of a country to bring the responsible 
        members of the relevant governmental entity to justice for the 
        acts described in subsection (a).
    (d) Waiver.--
            (1) In general.--The Secretary of State, may waive the 
        prohibition under subsection (a) with respect to a governmental 
        entity of a country if--
                    (A) the President, acting through the Secretary of 
                State and the Director of National Intelligence, 
                determines that such a waiver is in the national 
                security interest of the United States; or
                    (B) the Secretary of State has received credible 
                information that the government of that country has--
                            (i) performed a thorough investigation of 
                        the acts described in subsection (a) and is 
                        taking effective steps to bring responsible 
                        members of the relevant governmental entity to 
                        justice;
                            (ii) condemned violations of the freedom of 
                        the press and the acts described in subsection 
                        (a);
                            (iii) complied with any requests for 
                        information from international or regional 
                        human rights organizations with respect to the 
                        acts described in subsection (a), in accordance 
                        with international legal obligations to protect 
                        the freedom of expression; and
                            (iv) complied with United States Government 
                        requests for information with respect to the 
                        acts described in paragraph (a).
            (2) Certification.--A waiver described in paragraph (1) may 
        only take effect if--
                    (A) the Secretary of State certifies, not later 
                than 30 days before the effective date of the waiver, 
                to the Committee on Foreign Affairs and the Committee 
                on Appropriations of the House of Representatives and 
                the Committee on Foreign Relations and the Committee on 
                Appropriations of the Senate that such waiver is 
                warranted and includes an unclassified description of 
                the factual basis supporting the certification, which 
                may contain a classified annex; and
                    (B) the Director of National Intelligence, not 
                later than 30 days before the effective date of the 
                waiver, submits to the Permanent Select Committee on 
                Intelligence of the House of Representatives and the 
                Select Committee on Intelligence of the Senate a report 
                detailing any underlying information that the 
                intelligence community (as such term is defined in 
                section 3 of the National Security Act of 1947 (50 
                U.S.C. 3003)) has regarding the perpetrators of the 
                acts described in subsection (a), which shall be 
                submitted in unclassified form but may contain a 
                classified annex.
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