[Congressional Record Volume 167, Number 189 (Wednesday, October 27, 2021)]
[Senate]
[Pages S7420-S7421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3915. Ms. KLOBUCHAR (for herself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1264. HUMAN RIGHTS PROTECTION FOR JOURNALISTS.

       (a) Short Title.--This section may be cited as the ``Jamal 
     Khashoggi Press Freedom Accountability Act of 2021''.
       (b) 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--
       (1) in section 116(d)(12) (22 U.S.C. 2151n(d)(12))--
       (A) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively;
       (B) in subparagraph (C), as redesignated, by striking 
     ``imprisonment, indirect sources of pressure'' and inserting 
     ``online harassment, imprisonment, indirect sources of 
     pressure, surveillance'';
       (C) in subparagraph (D)(ii), as redesignated, by striking 
     ``the prosecution of those individuals who attack or murder 
     journalists'' and inserting ``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.''; and
       (D) by inserting after subparagraph (A) the following:
       ``(B) the identification of countries in which gross 
     violations of internationally recognized human rights (as 
     defined in section 502B(d)(1)) were committed against 
     journalists during the reporting period;''; and
       (2) in section 502B (22 U.S.C. 2304)--
       (A) by redesignating the second subsection (i) (as added by 
     section 1207(b)(2) of Public Law 113-4) as subsection (j);
       (B) in subsection (i)--
       (i) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (ii) by inserting after paragraph (1) the following:
       ``(2) the identification of countries in which there were 
     gross violations of internationally recognized human rights 
     committed against journalists;''; and
       (iii) in paragraph (3), as redesignated, by striking 
     ``imprisonment, indirect sources of pressure,'' and inserting 
     ``online harassment, imprisonment, indirect sources of 
     pressure, surveillance,''.
       (c) Imposition of Sanctions on Persons Responsible for the 
     Commission of Gross Violations of Internationally Recognized 
     Human Rights Against Journalists.--
       (1) Definitions.--In this subsection:
       (A) Admitted; alien.--The terms ``admitted'' and ``alien'' 
     have the meanings given such terms in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1001).
       (B) Foreign person.--The term ``foreign person'' means an 
     individual who is not--
       (i) a citizen or national of the United States; or
       (ii) an alien lawfully admitted for permanent residence to 
     the United States.
       (C) Good.--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.
       (D) United states person.--The term ``United States 
     person'' means--
       (i) 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;
       (ii) 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
       (iii) any person in the United States.
       (2) Listing of persons who have committed gross violations 
     of internationally recognized human rights.--
       (A) In general.--Except as provided in subparagraph (C), 
     the President shall impose the sanctions described in 
     paragraph (3) on each foreign person who 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.
       (B) Publication of list.--Except as provided in 
     subparagraph (C), the Secretary of State shall annually 
     publish, on a publicly available website of the Department of 
     State, a list of the names of each foreign person determined 
     pursuant to subparagraph (A) to have perpetrated, ordered, or 
     otherwise directed an act described in such subparagraph.
       (C) Exception.--The President may waive or terminate the 
     imposition of sanctions otherwise required under subparagraph 
     (A) and the Secretary of State may omit or remove from the 
     list described in subparagraph (B) on behalf of a foreign 
     person described in subparagraph (A) if the President--
       (i) certifies to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives that--

       (I) the public identification of such foreign person is not 
     in the national interest of the United States; or
       (II) appropriate foreign government authorities have 
     credibly--

       (aa) investigated such foreign person and held such foreign 
     person accountable, as appropriate, for perpetrating, 
     ordering, or directing the acts described in subparagraph 
     (A);
       (bb) publicly condemned the violations of the freedom of 
     the press and the acts described in subparagraph (A);
       (cc) complied with any requests for information from 
     international or regional

[[Page S7421]]

     human rights organizations with respect to the acts described 
     in subparagraph (A); and
       (dd) complied with any United States Government requests 
     for information with respect to the acts described in 
     subparagraph (A).
       (ii) submits to such congressional committees an 
     unclassified description of the factual basis supporting the 
     certification provided under clause (i), which may contain a 
     classified annex.
       (3) Sanctions described.--The sanctions described in this 
     paragraph are the following:
       (A) 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 list required under paragraph (2)(B) 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.
       (B) Ineligibility for visas, admission, or parole.--
       (i) Visas, admission, or parole.--A foreign person 
     described in paragraph (2)(A) 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.).

       (ii) Current visas revoked.--

       (I) In general.--The visa or other entry documentation of a 
     foreign person described in paragraph (2)(A) is subject to 
     revocation regardless of when the visa or other entry 
     documentation is or was issued.
       (II) Immediate effect.--A revocation under subclause (I) 
     shall take effect on the date on which the President makes a 
     determination under paragraph (2)(A) with respect to such 
     foreign person and any other valid visa or entry 
     documentation that is in the foreign person's possession 
     shall be automatically canceled.

       (C) Exceptions.--
       (i) Exception for intelligence activities.--The sanctions 
     described in this paragraph 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.
       (ii) Exception to comply with international obligations.--
     The sanctions described in this paragraph 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.
       (4) Implementation; penalties.--
       (A) 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 subsection.
       (B) 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 subsection to the same 
     extent that such penalties apply to a person that commits an 
     unlawful act described in subsection (a) of such section 206.
       (5) Exception relating to the importation of goods.--The 
     authorities and requirements to impose sanctions under this 
     section shall not include any authority or requirement to 
     impose sanctions on the importation of goods.
       (d) Prohibition on Foreign Assistance.--
       (1) Prohibition.--
       (A) In general.--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.
       (B) Publication.--To the maximum extent practicable, a list 
     of the governmental entities described in subparagraph (A)--
       (i) shall be published on publicly available websites of 
     the Department of State and of the Office of the Director of 
     National Intelligence; and
       (ii) shall be updated on a regular basis.
       (2) 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 paragraph (1).
       (3) Exception.--The prohibition under paragraph (1) shall 
     not apply with respect to--
       (A) humanitarian assistance or disaster relief assistance 
     authorized under the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151 et seq.); or
       (B) assistance that the Secretary of State 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 paragraph (1).
       (4) Waiver.--
       (A) In general.--The Secretary of State, may waive the 
     prohibition under paragraph (1) with respect to a 
     governmental entity of a country if--
       (i) 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
       (ii) 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 paragraph (1) 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 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), 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 
     (1).

       (B) Certification.--A waiver described in subparagraph (A) 
     may only take effect if, not later than 30 days before the 
     effective date of the waiver--
       (i) the Secretary of State--

       (I) certifies to the Committee on Foreign Relations of the 
     Senate, the Committee on Appropriations of the Senate, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Appropriations of the House of 
     Representatives that such waiver is warranted; and
       (II) includes, with such certification, an unclassified 
     description of the factual basis supporting the 
     certification, which may contain a classified annex; and

       (ii) the Director of National Intelligence submits a report 
     to the Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives detailing any underlying information that the 
     intelligence community (as 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 paragraph (1), 
     which shall be submitted in unclassified form, but may 
     contain a classified annex.
                                 ______