[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3818 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3818

       To protect and promote the freedom of the press globally.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2020

 Mr. Rubio (for himself and Mr. Cardin) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
       To protect and promote the freedom of the press globally.

    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 ``World Press Freedom Protection and 
Reciprocity Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Foreign person.--The term ``foreign person'' means an 
        individual who is not--
                    (A) a United States citizen; or
                    (B) an alien lawfully admitted for permanent 
                residence to the United States.
            (3) Internationally-recognized right to freedom of 
        expression.--The term ``internationally-recognized right to 
        freedom of expression'' are the rights set forth in--
                    (A) Article 19 of the Universal Declaration of 
                Human Rights, done at Paris December 10, 1948; and
                    (B) Article 19 of the International Covenant on 
                Civil and Political Rights, done at New York December 
                19, 1966.
            (4) Major non-nato ally.--The term ``major non-NATO ally'' 
        means a country designated by the President as a major non-NATO 
        ally pursuant to section 517 of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2321k).

SEC. 3. STATEMENT OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) Freedom of the press is a critical component of 
        democratic governance that enhances transparency, 
        accountability, and participation of civil society.
            (2) United States Government efforts to protect and expand 
        freedom of the press and free expression strengthen the 
        national interests of the United States by--
                    (A) supporting democracy;
                    (B) promoting good governance and public health;
                    (C) mitigating conflict; and
                    (D) encouraging transparency and civil society 
                development around the world.
            (3) Journalists, media personnel, and other individuals and 
        organizations around the world that receive and impart 
        information and ideas face increasing restrictions, threats, 
        censorship, arbitrary detention, torture, enforced 
        disappearances, extrajudicial killings, and other violence for 
        exercising their internationally-recognized right to freedom of 
        expression.
            (4) Impunity for attacks on journalists, bloggers, and 
        media personnel is an acute problem around the world and a 
        primary challenge to protecting freedom of expression and 
        freedom of the press.
            (5) According to research and press freedom rankings issued 
        annually by Freedom House, the Committee to Protect 
        Journalists, and Reporters Without Borders, some of the 
        countries with the most restrictive media and information 
        environments include Cuba, Djibouti, Eritrea, Iran, Laos, 
        Myanmar, North Korea, the Philippines, Saudi Arabia, Syria, 
        Turkmenistan, and Vietnam.
            (6) Since a failed coup attempt in 2016, the Government of 
        the Republic of Turkey has used terrorism and national security 
        laws to shutter hundreds of media outlets and jail dozens of 
        journalists, compounding the effects of more than a decade of 
        expanding ruling party influence over the ownership of 
        mainstream media in the country at the expense of independent 
        outlets.
            (7) The People's Republic of China, which maintains one of 
        the most restrictive media and information environments in the 
        world, seeks to control free speech inside and outside of China 
        through--
                    (A) censorship;
                    (B) onerous media organization registration 
                requirements;
                    (C) harassment and retaliation;
                    (D) imprisonment;
                    (E) conditioning of press credential renewals for 
                all journalists and visa issuance for foreign 
                journalists on ``positive'' coverage of China; and
                    (F) the operation of a digital surveillance system 
                so pervasive that both routine and sensitive reporting 
                activities and many aspects of daily life are subject 
                to government monitoring.
            (8) The Russian Federation has continued to use 
        sophisticated tools to block and control information online and 
        employ draconian laws to pressure independent media.
            (9) The expansion and export of new technologies used for 
        censorship and surveillance--
                    (A) represent a notable threat to human rights, 
                including press freedoms, transparency, and democratic 
                governance globally; and
                    (B) constitute a critical challenge to United 
                States national interests.
            (10) Other countries' restrictions on the activities of 
        United States journalists and media personnel, other countries' 
        censorship and blocking of websites of United States news and 
        media corporations, and other restrictions on the cross-border 
        flow of information--
                    (A) damage the competitiveness of United States 
                corporations;
                    (B) limit United States access to information 
                critical for United States investors, consumers, and 
                others making market and financial decisions; and
                    (C) should be considered a restriction of trade and 
                the creation of an unfair competitive advantage 
                benefitting foreign government-controlled news 
                organizations and other foreign news and media 
                corporations.
    (b) Policy Statement.--It is the policy of the United States--
            (1) to advocate for detained and targeted journalists and 
        other media personnel overseas, including citizen journalists 
        and bloggers;
            (2) to call on governments, in both bilateral discussions 
        and through multilateral organizations--
                    (A) to end restrictions on the internationally-
                recognized right to freedom of expression; and
                    (B) to abide by international commitments set forth 
                in--
                            (i) Article 19 of the Universal Declaration 
                        of Human Rights, done at Paris December 10, 
                        1948; and
                            (ii) Article 19 of the International 
                        Covenant on Civil and Political Rights, done at 
                        New York December 19, 1966;
            (3) to urge foreign governments--
                    (A) to transparently investigate and bring to 
                justice the perpetrators of attacks against 
                journalists, bloggers, and other media personnel; and
                    (B) to halt efforts to censor or block access to 
                news from United States journalists and media personnel 
                and the websites of United States news and media 
                organizations;
            (4) to highlight threats against freedom of the press in 
        the Department of State's Annual Country Reports on Human 
        Rights Practices, as required under section 116(d)(12) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(12)), and 
        other public statements by senior Department of State 
        officials;
            (5) to seek, as part of bilateral diplomatic negotiations 
        globally, conditions for--
                    (A) a free flow of news and information;
                    (B) internet freedom; and
                    (C) an end to visas restrictions for United States 
                media personnel;
            (6) to link expansion of the free flow of news and 
        information with ongoing and future trade agreements and other 
        bilateral agreements and communiques by seeking language 
        eliminating--
                    (A) all limitations on market access for news 
                agency services; and
                    (B) any restrictions on cross-border data flows 
                involving journalists and the media, including data 
                flowing through the internet;
            (7) to ensure that pursuing bilateral relationships with 
        foreign governments, particularly governments with restrictive 
        press and information environments, based on the principles of 
        reciprocity across many sectors, including economic, 
        diplomatic, educational, religious, and in the free flow of 
        news and information; and
            (8) to clearly differentiate, in official statements, media 
        communications, and messaging, between the citizens of a 
        country and the government of such country.

SEC. 4. STATEMENT OF POLICY REGARDING PROTECTION OF FOREIGN JOURNALISTS 
              AND OTHER MEDIA PERSONNEL GLOBALLY.

    It is the policy of the United States to consider foreign 
government officials who are responsible for, are complicit in, or have 
directly or indirectly engaged in severe restrictions of the 
internationally-recognized right to freedom of expression, such as 
arbitrary detention, imprisonment, enforced disappearance, torture, 
extrajudicial killing, and other substantial threats to the life and 
liberty of a person, as having committed gross violations of 
internationally recognized human rights for purposes of imposing 
sanctions with respect to such officials under--
            (1) the Global Magnitsky Human Rights Accountability Act 
        (22 U.S.C. 2656 note; subtitle F of title XII of Public Law 
        114-328); and
            (2) section 7031(c) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2019 
        (division F of Public Law 116-6).

SEC. 5. PLAN TO PROMOTE RECIPROCAL ACCESS FOR UNITED STATES NEWS AND 
              MEDIA ORGANIZATIONS.

    (a) Plan.--
            (1) In general.--The President shall establish a plan for 
        negotiating access for United States news and media companies 
        and their employees globally and work to enhance reciprocity 
        given to news and media companies operating in the United 
        States.
            (2) Report.--Not later than 120 days after the date of the 
        enactment of this Act, the Secretary of State shall submit a 
        report to the appropriate congressional committees that 
        summarizes the plan required under paragraph (1).
    (b) Policy Statements.--
            (1) Findings.--Congress finds the following:
                    (A) United States news and media organizations, 
                including United States-based media organizations, and 
                information portals are blocked or censored by certain 
                foreign governments, while the United States market 
                remains open to websites of foreign news and media 
                organizations and information portals, including state-
                owned propaganda organizations.
                    (B) The stark lack of reciprocity in market access 
                for news and media organizations and country access for 
                journalists and media personnel--
                            (i) limits constructive contacts between 
                        the United States and the world; and
                            (ii) allows some foreign governments 
                        unbalanced influence over their people's views 
                        of the United States and perceptions in the 
                        United States of their policies and programs.
                    (C) Foreign governments with a sizable media and 
                information footprint in the United States have a 
                distinct interest in maintaining such footprint.
            (2) Sense of congress.--It is the sense of Congress that, 
        in the interest of increasing reciprocal access for United 
        States journalists and news and media organizations and 
        expanding press freedoms globally, the President should 
        proactively pursue bilateral agreements with governments 
        referred to in paragraph (1) to ensure reciprocal access by 
        both countries.

SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

    (a) In General.--The President may impose the sanctions described 
in subsection (b) with respect to any foreign person the President 
determines, based on credible evidence--
            (1) is responsible for the jailing, killing, or torture of 
        journalists or significant efforts to harass, restrict the 
        activities of, terminate the visas of, or threaten the safety 
        of United States journalists and media personnel.
            (2) acted as an agent, or on behalf, of a foreign person in 
        a matter relating to an activity described in paragraph (1); or
            (3) is a government official, or a senior associate of such 
        an official, that is responsible for, or complicit in, 
        ordering, controlling, or otherwise directing an activity 
        described in paragraph (1).
    (b) Sanctions Described.--A foreign person described in subsection 
(a) who is an individual--
            (1) shall be ineligible to receive a visa from the United 
        States, enter the United States, or be admitted to the United 
        States; and
            (2) if such individual has been issued a visa or other 
        documentation by the United States that provides any 
        immigration benefit, shall have such visa or other 
        documentation revoked, in accordance with section 221(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1201(i)).
    (c) Termination of Sanctions.--
            (1) In general.--The President may terminate the 
        application of sanctions under subsection (b) with respect to 
        an individual if the President makes a determination that--
                    (A) credible information exists that the individual 
                did not engage in the activity for which the sanctions 
                were imposed;
                    (B) the individual has been prosecuted 
                appropriately for the activity for which the sanctions 
                imposed;
                    (C) the individual has--
                            (i) credibly demonstrated a significant 
                        change in behavior;
                            (ii) been subject to an appropriate 
                        consequence for the activity for which the 
                        sanctions were imposed; and
                            (iii) credibly committed to not engage in 
                        an activity described in that subsection in the 
                        future; or
                    (D) the termination of the application of sanctions 
                is in the national security interests of the United 
                States.
            (2) Notification.--Not later than 15 days before the date 
        on which the application of sanctions is terminated under 
        paragraph (1) with respect to an individual, the Secretary of 
        State shall submit a report to the Committee on Foreign 
        Relations of the Senate, the Committee on the Judiciary of the 
        Senate, the Committee on Foreign Affairs of the House of 
        Representatives, and the Committee on the Judiciary of the 
        House of Representatives that describes the justification for 
        such termination.
    (d) Exception.--Sanctions described in subsection (b) shall not 
apply to an individual if admitting the individual 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 any other 
applicable international obligation of the United States.
    (e) Waiver.--The President may waive the application of the 
sanctions described in subsection (b) with respect to an individual if 
the President--
            (1) determines that such a waiver is in the national 
        interest of the United States; and
            (2) upon granting such a waiver, submits a report to the 
        committees specified in subsection (c)(2) that--
                    (A) details the evidence and justification for the 
                necessity of the waiver; and
                    (B) explains how the waiver relates to the national 
                security of the United States.
    (f) Report.--
            (1) In general.--Not later than 180 after the date of the 
        enactment of this Act, and annually thereafter for 5 years, the 
        President shall submit a report to the committees referred to 
        in subsection (c)(2) that identifies each individual with 
        respect to which the application of sanctions has been 
        terminated under subsection (c) during the preceding year, 
        including the country of origin of the individual and the dates 
        on which such sanctions were imposed or terminated, as 
        applicable.
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (3) Exclusion of personally identifiable information.--The 
        President may not include any personally identifiable 
        information of any United States citizen in a report submitted 
        under paragraph (1).
            (4) Applicability of privacy act.--Any information obtained 
        by the President to complete a report required by paragraph (1) 
        shall be subject to section 552a of title 5, United States Code 
        (commonly known as the ``Privacy Act'').

SEC. 7. CLEAR LABELING FOR INFORMATIONAL MATERIALS DISTRIBUTED ON 
              BEHALF OF FOREIGN MISSIONS OR FOREIGN PRINCIPALS.

    Section 4(b) of the Foreign Agents Registration Act of 1938 (22 
U.S.C. 614(b)) is amended by adding at the end the following: 
``Informational materials required to be labeled under this subsection 
that are in the form of prints shall be marked or stamped conspicuously 
at the top of the first page with a statement, in the language or 
languages used therein, that sets forth the information required under 
this subsection.''.

SEC. 8. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    (a) Report Relating to Economic Assistance.--
            (1) In general.--Section 116(d) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2151n(d)) is amended--
                    (A) in paragraph (11)(C), by striking ``and'' at 
                the end;
                    (B) in paragraph (12)(C)(ii), by striking the 
                period at the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(13) an assessment of freedom of expression with respect 
        to electronic information in each foreign country, including 
        the extent to which government authorities in each country--
                    ``(A) attempt to filter, censor, shape, or 
                otherwise block or remove nonviolent expression of 
                political, religious, ideological opinion via the 
                internet, including electronic mail, and the means by 
                which such authorities attempt to block or remove such 
                expression;
                    ``(B) have persecuted or otherwise punished an 
                individual or group for the nonviolent expression of 
                political, religious, or ideological opinion via the 
                internet, including electronic mail;
                    ``(C) have sought to collect, request, obtain, or 
                disclose personally identifiable information of a 
                person in connection with such person's nonviolent 
                expression of political, religious, or ideological 
                opinion on a foreign platform, including expression 
                that would be protected by the Universal Declaration of 
                Human Rights and the International Covenant on Civil 
                and Political Rights; and
                    ``(D) monitor wire communications and electronic 
                communications without regard to the principles of 
                privacy, human rights, democracy, and rule of law, to 
                the extent that these practices are known.''.
            (2) Conforming amendment.--Section 116 of such Act, as 
        amended by paragraph (1), is further amended by adding at the 
        end the following:
    ``(h) Consultation Requirement.--
            ``(1) In general.--In compiling data and making assessments 
        under subsection (d)(13), United States diplomatic personnel 
        shall consult with human rights organizations, technology and 
        internet companies, and other appropriate nongovernmental 
        organizations.
            ``(2) Definitions.--In this subsection and in subsection 
        (d)(13)--
                    ``(A) the term `electronic communication' has the 
                meaning given such term in section 2510(12) of title 
                18, United States Code;
                    ``(B) the term `internet' has the meaning given the 
                term `Internet' in section 231(e)(3) of the 
                Communications Act of 1934 (47 U.S.C. 231(e)(3));
                    ``(C) the term `personally identifiable 
                information' means data in a form that identifies a 
                specific person; and
                    ``(D) the term `wire communication' has the meaning 
                given such term in section 2510(1) of title 18, United 
                States Code.''.
    (b) Report Relating to Security Assistance.--Section 502B(b) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B);
            (2) by inserting ``(1)'' after ``(b)'';
            (3) by striking ``Wherever applicable, such report shall 
        include'' and inserting the following:
    ``(2) Wherever applicable, each report required under paragraph (1) 
shall include--'';
            (4) by striking ``consolidated information'' and inserting 
        the following:
            ``(A) consolidated information'';
            (5) by striking ``Act of 1987). Wherever applicable, such 
        report shall include information'' and inserting the following: 
        ``Act of 1987);
            ``(B) information'';
            (6) by striking ``sterilization. Such report shall also 
        include, wherever applicable, information'' and inserting the 
        following: ``sterilization;
            ``(C) information'';
            (7) by striking ``Act of 1998). Wherever applicable, such 
        report shall include a description'' and inserting the 
        following: ``Act of 1998); and
            ``(D) a description'';
            (8) by striking ``Such report shall also include, for each 
        country'' and inserting the following:
    ``(3) Each report required under paragraph (1) shall include, for 
each country'';
            (9) by striking ``Each report under this section shall 
        list'' and inserting the following:
    ``(4) Each report required under paragraph (1) shall list'';
            (10) by striking ``Each report under this section shall 
        describe'' and inserting the following:
    ``(5) Each report required under paragraph (1) shall describe'';
            (11) by striking ``Each report under this section shall 
        also include'' and inserting the following:
    ``(6) Each report required under paragraph (1) shall include--'';
            (12) by striking ``(i) wherever applicable'' and inserting 
        the following:
            ``(A) wherever applicable'';
            (13) by striking ``hostilities, (ii) what steps'' and 
        inserting ``hostilities;
            ``(B) what steps'';
            (14) by striking ``practices, and (iii) such other 
        information'' and inserting ``practices; and
            ``(C) such other information''; and
            (15) by striking ``In determining'' and inserting the 
        following:
    ``(7) Each report required under paragraph (1) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country, which shall consist of--
            ``(A) an assessment of the extent to which government 
        authorities in each country attempt to filter, censor, shape, 
        or otherwise block or remove nonviolent expression of 
        political, religious, or ideological opinion via the internet, 
        including electronic mail;
            ``(B) a description of the means by which such authorities 
        attempt to block or remove such expression;
            ``(C) an assessment of the extent to which government 
        authorities in each country have persecuted or otherwise 
        punished an individual or group for the nonviolent expression 
        of political, religious, or ideological opinion or belief via 
        the internet, including electronic mail;
            ``(D) an assessment of the extent to which government 
        authorities in each country have sought to collect, request, 
        obtain, or disclose personally identifiable information of a 
        person in connection with such person's nonviolent expression 
        of political, religious, or ideological opinion or belief on a 
        foreign platform, including expression that would be protected 
        by the International Covenant on Civil and Political Rights, 
        done at New York December 19, 1966; and
            ``(E) an assessment of the extent to which wire 
        communications and electronic communications are monitored 
        without regard to the principles of privacy, human rights, 
        democracy, and rule of law, to the extent that these practices 
        are known.
    ``(8) In determining''.
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