111 HR 4898 IH: Global Press Freedom Act
U.S. House of Representatives
2023-07-26
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I
118th CONGRESS
1st Session
H. R. 4898
IN THE HOUSE OF REPRESENTATIVES
July 26, 2023
Mr. Allred (for himself and Mr. Connolly) introduced the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To establish the Office of Press Freedom, to create press freedom curriculum at the National Foreign Affairs Training Center, and for other purposes.
1.

Short title
This Act may be cited as the “Global Press Freedom Act”.
2.

Findings
Congress makes the following findings:
(1)
Freedom of the press is fundamental to an open and free society and is foundational in the United States democratic system and enshrined in the First Amendment of the United States Constitution, which states (in part) “Congress shall make no law . . . abridging the freedom of speech or of the press . . .”.
(2)
Historically, United States foreign policy has advanced freedom of the press as a central tenet, at home and abroad.
(3)
The United States led the drafting of the Universal Declaration of Human Rights, adopted in Paris on December 10, 1948, which enshrines the commitment of countries around the world to protect and promote universal human rights and values that are indispensable for human dignity, including freedom of expression.
(4)
Article 19 of the Universal Declaration of Human Rights states, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”.
(5)
A free and independent press has long been recognized as an important aspect of the United States’ national security and actions taken by foreign governments or organizations that weaken free press protections are a national security threat to the United States.
(6)
International freedom of the press is under renewed and, in some cases, increasing assault, with rhetoric delegitimizing and discrediting the media or journalists, online harassment, physical attacks, gender-based violence, legal campaigns, censorship, and surveillance, all of which threaten the ability of journalists to do their jobs safely, freely, and without fear of reprisal.
(7)
In the past decade, the world has seen a significant deterioration of press freedoms.
(8)
According to Freedom House’s “Freedom in the World” and “Freedom on the Net” reports—
(A)
the number of countries and territories scoring a zero for media freedom has ballooned from 14 countries to 33 countries since 2005; and
(B)
people in 53 countries faced arrest or imprisonment for expressing themselves online, including online journalists targeted for their reporting;
(C)
40 countries blocked websites featuring political, social, or religious content, including many news outlets; and
(D)
journalists, bloggers, human rights activists, and other people experienced physical violence in retaliation for expressing themselves online in 40 countries.
(9)
According to Reporters Without Borders’ 2022 World Press Freedom Index—
(A)
approximately 74 percent of the countries of the world are classified as “problematic situation” or worse with respect to journalistic freedom, with a record number of 28 countries receiving a “very bad” rating for press freedom situations;
(B)
approximately 26 percent of the countries of the world have “satisfactory” or “good” press freedom environments;
(C)
among the jurisdictions that have recently suffered the largest declines in press freedom are Hong Kong, Myanmar, Afghanistan, Russia, Ukraine (attributable to Russia’s invasion), Georgia, Greece, Nicaragua, the Palestinian Territories, Tunisia, and Mali; and
(D)
democracies are being weakened by the asymmetry between open societies and despotic regimes that control their media and online platforms, while waging propaganda wars against democracies.
(10)
According to the Committee to Protect Journalists, in 2022—
(A)
at least 363 journalists worldwide were in prison, a new record high and a 20 percent increase from the 302 journalists in prison in 2021, with Iran, China, Myanmar, Turkey, and Belarus all ranking among the top 5 jailers of journalists;
(B)
of the journalists detained—
(i)
131 journalists were detained without charge;
(ii)
199 journalists were imprisoned on anti-state charges; and
(iii)
354 detainees were local journalists covering events in their own countries;
(C)
at least 67 journalists and media workers were killed, which is the highest number of journalist killings since 2018 and almost a 50 percent increase from the number of journalists killed during 2021;
(D)
at least 41 journalists and media workers were killed in direct connection with their work; and
(E)
there was complete impunity in nearly 80 percent of the 263 cases of journalists murdered in the last decade, with perpetrators facing no judicial consequences.
(11)
Congress has recognized the importance of freedom of the press by enacting—
(A)
the Daniel Pearl Freedom of the Press Act of 2009 (Public Law 111–166);
(B)
the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328); and
(C)
S. Res. 501, 115th Congress (recognizing threats to freedom of the press and expression around the world and reaffirming freedom of the press as a priority in efforts of the Government of the United States to promote democracy and good governance).
(12)
The importance of freedom of the press has been recognized by numerous United States presidential administrations that span ideological and party lines, including—
(A)
a 1786 letter to James Currie, in which Secretary of State Thomas Jefferson wrote “our liberty depends on the freedom of the press, and that cannot be limited without being lost.”;
(B)
an address to Congress on February 6, 1986, in which President Ronald Reagan stated, “Victories against poverty are greatest and peace most secure where people live by laws that ensure free press, free speech, and freedom to worship, vote, and create wealth”;
(C)
a statement by Secretary of State Condoleezza Rice on April 11, 2007, stating that “there is no more important pillar of democracy than a free and active press”;
(D)
a statement by former Secretary of State Madeline Albright on May 31, 2018, reporting that “Freedom of the press is a basic aspect of democracy, invented by Americans.”; and
(E)
a statement by Secretary of State Mike Pompeo on May 3, 2019, stating, “A free and independent media is indispensable to a vibrant, functioning democracy. Despite some progress, journalists around the world continue to be persecuted, targeted with violence, or even killed—all too often with impunity.”.
(13)
Protection of a free and open press is not a partisan issue.
(14)
It is imperative that Congress further enshrine the Department of State’s role in protecting international press freedom and those engaged in journalism abroad.
3.

Statement of policy
It shall be the policy of the United States—
(1)
to condemn violations of, and attacks on, press freedoms, and threats to the safety of journalists;
(2)
to promote, and to assist other governments in the promotion of, the importance of a free and open press;
(3)
to support press freedom abroad in all aspects of American foreign policy; and
(4)
to work with foreign governments that affirm and protect press freedom—
(A)
to develop multilateral initiatives to combat suppression of the free and independent press; and
(B)
to promote accountability for individuals, governments, and other actors that violate and attack press freedoms and journalists.
4.

Office of Press Freedom; Ambassador-at-Large for Press Freedom
(a)

Establishment
There is established, within the Department of State, the Office of Press Freedom (referred to in this Act as the “Office”), which—
(1)
shall be situated in the Bureau of Democracy, Human Rights, and Labor; and
(2)
shall be headed by the Ambassador-at-Large for Press Freedom (referred to in this Act as the “Ambassador”).
(b)

Appointment
The Ambassador shall be appointed by the President, by and with advice and consent of the Senate, and shall work with the Assistant Secretary of State for Democracy, Human Rights, and Labor to advise the Secretary of State regarding matters related to press freedom.
(c)

Duties
The Ambassador shall have the following duties:
(1)

General responsibilities
Notwithstanding the active role carried out by local United States Ambassadors in the monitoring of press freedom violations in their host countries, the Ambassador shall have the primary responsibility—
(A)
to advance the protection and well-being of members of the United States and foreign press abroad;
(B)
to denounce violations of press freedom or freedom of expression by foreign governments or other actors; and
(C)
to engage with foreign governments and press freedom organizations around the world concerning press freedom and freedom of expression.
(2)

Specific tasks
The Ambassador, with the assistance of the Office and in consultation with the Assistant Secretary of State for Democracy, Human Rights, and Labor, and in fulfillment of the responsibilities described in paragraph (1), shall—
(A)
coordinate efforts between relevant United States embassy personnel and press organizations or threatened individuals in situations in which freedom of the press is threatened abroad;
(B)
publicly and privately denounce oppression of the press abroad;
(C)
represent the United States in issues concerning press freedom in diplomatic engagement with foreign governments, intergovernmental organizations, the United Nations, and other international organizations in which the United States is a member;
(D)
recommend appropriate responses by the United States Government when press freedoms are infringed upon; and
(E)
provide Congress and the public with a regular report describing the successes and enduring challenges of the Office, based on metrics that the Office shall develop.
(3)

Advisory role
The Ambassador—
(A)
shall be a principal advisor to the President and to the Secretary of State regarding matters affecting press freedom abroad; and
(B)
shall make recommendations regarding the policies of the United States Government towards governments or other organizations or individuals that—
(i)
violate press freedoms; or
(ii)
fail to ensure the protection of members of the press.
(4)

Reporting responsibilities
The Ambassador shall—
(A)
work with the staff of the Office to ensure the success of the Office in carrying out its mission—
(i)
to promote press freedom abroad; and
(ii)
to protect members of the press in foreign countries;
(B)
not later than 1 year after being appointed, ensure that there is a reasonable process for measuring the efficacy of the Office in carrying out the missions described in subparagraph (A);
(C)
not later than 18 months after being appointed, and annually thereafter—
(i)
submit a report to Congress that describes—
(I)
the outcomes of the activities of the Office based on the process established pursuant to subparagraph (B); and
(II)
the efforts of the National Foreign Affairs Training Center to train Foreign Service Officers about press freedom in accordance with section 5; and
(ii)
make a copy of the report submitted pursuant to clause (i) available to the public; and
(D)
oversee the “Freedom of Expression” section of each country reviewed in the annual Country Report on Human Rights Practices.
(5)

Funding
The Secretary of State shall provide the Ambassador with sufficient funds—
(A)
to hire the staff for the Office to enable the Office to carry out the tasks and responsibilities described in paragraphs (1), (2), and (3);
(B)
to comply with the reporting requirements described in paragraph (4); and
(C)
for necessary travel to carry out this section.
5.

Press freedom curriculum
(a)

Development
The Secretary of State shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service Officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, including—
(1)
the historic and current issues facing press freedom, including countries of specific concern;
(2)
the Department of State’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative;
(3)
ways to incorporate press freedom promotion into other aspects of diplomacy; and
(4)
existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm.
(b)

Required study
Any Foreign Service Officer who is assigned to function as a Public Diplomacy Officer, a Political Officer, or a Consular Officer at an overseas mission shall—
(1)
complete the study of the curriculum described in subsection (a) not later than 90 days after the first day of such assignment; and
(2)
benefit from knowledge sharing by civil society actors who are at the forefront of the defense and promotion of the freedom of information.
6.

GAO study on the Daniel Pearl Freedom of the Press Act of 2009
(a)

Study
The Comptroller General of the United States shall evaluate the implementation of the Daniel Pearl Freedom of the Press Act of 2009 (Public Law 111–166) by reviewing the Department of State’s Country Reports on Human Rights Practices, prepared in select years and for select countries, to examine—
(1)
the process used by the Department for preparing information regarding the freedom of the press for such reports and the extent to which such process changed after the date of the enactment of such Act;
(2)
the extent to which the Department of State followed the process referred to in paragraph (1) in preparing information regarding freedom of the press that was included in its most recently published Country Reports on Human Rights Practices;
(3)
any challenges encountered by the Department of State in collecting, corroborating, and reporting the information described in sections 116(d)(12) and 502B(i) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(12) and 2304(i)), as added by the Daniel Pearl Freedom of the Press Act of 2009; and
(4)
the extent to which the Department of State measures the impact of its reports on freedom of the press on foreign governments’ behaviors or practices.
(b)

Report
Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress and to the Secretary of State that—
(1)
summarizes the results of the study required under subsection (a); and
(2)
provides recommendations for any legislative or regulatory action that would improve the efforts of the Department of State to report on issues of press freedom abroad.