Jamal Khashoggi Press Freedom Accountability Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 839 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 FEBRUARY 4, 2021 Mr. SCHIFF (for himself, Mr. MCGOVERN, Mr. KHANNA, Ms. LEE of Cali- fornia, Mr. LOWENTHAL, Mrs. BUSTOS, Mr. NEGUSE, Mr. TAKANO, Mr. COHEN, Mr. SIRES, Mr. DEUTCH, Ms. SCHAKOWSKY, Ms. NORTON, Ms. PORTER, Mrs. DEMINGS, Mr. HASTINGS, and Mr. MOULTON) introduced the following bill; which was referred to the Committee on Foreign Af- fairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consider- ation 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Jamal Khashoggi 4 Press Freedom Accountability Act of 2021’’. 5 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 839 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) A free and independent press is necessary 3 for citizens to make informed choices on issues of 4 public concern, to have the information necessary to 5 recognize truth from falsehood, and to hold the pow- 6 erful and government officials to account. 7 (2) As reflected in the First Amendment to the 8 United States Constitution, a free press is essential 9 to safeguard democracy. 10 (3) The suppression of the press is historically 11 associated with authoritarian rule. 12 (4) As provided in Article 19 of the United Na- 13 tions Universal Declaration of Human Rights and 14 the International Covenant on Civil and Political 15 Rights, all people enjoy the right to freedom of opin- 16 ion and expression, which includes the right to seek, 17 receive, and impart information. 18 (5) An informed public is fundamental to a free 19 society. 20 (6) In accordance with a long United States 21 history of championing freedom of the press around 22 the globe, the Daniel Pearl Freedom of the Press 23 Act of 2009 was enacted into law (Public Law 111– 24 166). 25 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 839 IH (7) Since the passage of the Daniel Pearl Free- 1 dom of the Press Act of 2009, the global environ- 2 ment for a free and independent press has become 3 more repressive. 4 (8) According to 2020 data from the Committee 5 to Protect Journalists, for the fifth consecutive year, 6 at least 250 journalists were imprisoned globally in 7 2020, and there was complete impunity in an esti- 8 mated 86 percent of cases of murdered journalists in 9 the last decade. 10 (9) According to 2019 data from Freedom 11 House, in seven of the last 10 years, more countries 12 have seen declines in press freedom scores than im- 13 provements. In the last five years, nearly 50 percent 14 more countries have seen a net decline in press free- 15 dom. 16 (10) According to 2019 data from Reporters 17 Without Borders, 63 percent of the journalists killed 18 last year were deliberately targeted and 59 percent 19 were killed outside warzones. 20 (11) In 2018, the brutal murder of Jamal 21 Khashoggi at the hands of Saudi intelligence officers 22 acting on explicit orders of the Saudi Government 23 underscored the extent to which those in power will 24 go to stifle the freedom of expression, silence their 25 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 839 IH critics, and eliminate the threat they believe inde- 1 pendent journalists pose to their rule. 2 SEC. 3. EXPANDING SCOPE OF HUMAN RIGHTS REPORTS 3 WITH RESPECT TO VIOLATIONS OF HUMAN 4 RIGHTS OF JOURNALISTS. 5 The Foreign Assistance Act of 1961 (22 U.S.C. 2151 6 et seq.) is amended as follows: 7 (1) In paragraph (12) of section 116(d)— 8 (A) in subparagraph (B)— 9 (i) by inserting ‘‘or online harass- 10 ment’’ after ‘‘direct physical attacks’’; and 11 (ii) by inserting ‘‘or surveillance’’ 12 after ‘‘sources of pressure’’; 13 (B) in subparagraph (C)(ii), by striking 14 ‘‘ensure the prosecution’’ and all that follows to 15 the end of the clause and inserting ‘‘ensure the 16 investigation, prosecution, and conviction of 17 government officials or private individuals who 18 engage in or facilitate digital or physical at- 19 tacks, including hacking, censorship, surveil- 20 lance, harassment, unlawful imprisonment, or 21 bodily harm, against journalists and others who 22 perform, or provide administrative support to, 23 the dissemination of print, broadcast, internet- 24 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 839 IH based, or social media intended to communicate 1 facts or opinion.’’; 2 (C) by redesignating subparagraphs (B) 3 and (C) (as amended by subparagraph (A) of 4 this section) as subparagraphs (C) and (D), re- 5 spectively; and 6 (D) by inserting after subparagraph (A) 7 the following new subparagraph: 8 ‘‘(B) an identification of countries in which 9 there were gross violations of internationally 10 recognized human rights (as such term is de- 11 fined for purposes of section 502B) committed 12 against journalists;’’. 13 (2) By redesignating the second subsection (i) 14 of section 502B as subsection (j). 15 (3) In the first subsection (i) of section 502B— 16 (A) in paragraph (2)— 17 (i) by inserting ‘‘or online harass- 18 ment’’ after ‘‘direct physical attacks’’; and 19 (ii) by inserting ‘‘or surveillance’’ 20 after ‘‘sources of pressure’’; 21 (B) by redesignating paragraph (2) (as 22 amended by subparagraph (A) of this section) 23 and paragraph (3) as paragraphs (3) and (4), 24 respectively; and 25 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 839 IH (C) by inserting after paragraph (1) the 1 following new paragraph: 2 ‘‘(2) an identification of countries in which 3 there were gross violations of internationally recog- 4 nized human rights committed against journalists;’’. 5 SEC. 4. IMPOSITION OF SANCTIONS ON PERSONS RESPON- 6 SIBLE FOR THE COMMISSION OF GROSS VIO- 7 LATIONS OF INTERNATIONALLY RECOGNIZED 8 HUMAN RIGHTS AGAINST JOURNALISTS. 9 (a) LISTING OF PERSONS WHO HAVE COMMITTED 10 GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED 11 HUMAN RIGHTS.— 12 (1) IN GENERAL.—On or after the date on 13 which a person is listed pursuant to paragraph (2), 14 the President shall impose the sanctions described in 15 subsection (b) on each foreign person the President 16 determines, based on credible information, has per- 17 petrated, ordered, or otherwise directed the 18 extrajudicial killing of or other gross violation of 19 internationally recognized human rights committed 20 against a journalist or other person who performs, 21 or provides administrative support to, the dissemina- 22 tion of print, broadcast, internet-based, or social 23 media intended to report newsworthy activities or in- 24 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 839 IH formation, or communicate facts or fact-based opin- 1 ions. 2 (2) PUBLICATION OF LIST.—The Secretary of 3 State shall publish on a publicly available website of 4 the Department of State a list of the names of each 5 foreign person determined pursuant to paragraph 6 (1) to have perpetrated, ordered, or directed an act 7 described in such paragraph. Such list shall be up- 8 dated at least annually. 9 (3) EXCEPTION.—The President may waive the 10 imposition of sanctions under paragraph (1) (and 11 omit a foreign person from the list published in ac- 12 cordance with paragraph (2)) or terminate such 13 sanctions and remove a foreign person from such 14 list, if the President certifies to the Committee on 15 Foreign Affairs of the House of Representatives and 16 the Committee on Foreign Relations of the Senate— 17 (A) that public identification of the indi- 18 vidual is not in the national interest of the 19 United States, including an unclassified de- 20 scription of the factual basis supporting such 21 certification, which may contain a classified 22 annex; or 23 (B) that appropriate foreign government 24 authorities have credibly— 25 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 839 IH (i) investigated the foreign person 1 and, as appropriate, held such person ac- 2 countable for perpetrating, ordering, or di- 3 recting the acts described in paragraph 4 (1); 5 (ii) publicly condemned violations of 6 the freedom of the press and the acts de- 7 scribed in paragraph (1); 8 (iii) complied with any requests for in- 9 formation from international or regional 10 human rights organizations with respect to 11 the acts described in paragraph (1); and 12 (iv) complied with any United States 13 Government requests for information with 14 respect to the acts described in paragraph 15 (1). 16 (b) SANCTIONS DESCRIBED.—The sanctions de- 17 scribed in this subsection are the following: 18 (1) ASSET BLOCKING.—The President shall ex- 19 ercise all of the powers granted to the President 20 under the International Emergency Economic Pow- 21 ers Act (50 U.S.C. 1701 et seq.) to the extent nec- 22 essary to block and prohibit all transactions in prop- 23 erty and interests in property of a foreign person 24 identified in the report required under subsection 25 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 839 IH (a)(1) if such property and interests in property are 1 in the United States, come within the United States, 2 or come within the possession or control of a United 3 States person. 4 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR 5 PAROLE.— 6 (A) VISAS, ADMISSION, OR PAROLE.—An 7 alien described in subsection (a)(1) is— 8 (i) inadmissible to the United States; 9 (ii) ineligible to receive a visa or other 10 documentation to enter the United States; 11 and 12 (iii) otherwise ineligible to be admitted 13 or paroled into the United States or to re- 14 ceive any other benefit under the Immigra- 15 tion and Nationality Act (8 U.S.C. 1101 et 16 seq.). 17 (B) CURRENT VISAS REVOKED.— 18 (i) IN GENERAL.—An alien described 19 in subsection (a)(1) is subject to revocation 20 of any visa or other entry documentation 21 regardless of when the visa or other entry 22 documentation is or was issued. 23 (ii) IMMEDIATE EFFECT.—A revoca- 24 tion under clause (i) shall take effect im- 25 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 839 IH mediately, and automatically cancel any 1 other valid visa or entry documentation 2 that is in the alien’s possession. 3 (3) EXCEPTIONS.— 4 (A) EXCEPTION FOR INTELLIGENCE AC- 5 TIVITIES.—The sanctions described in this sub- 6 section shall not apply to any activity subject to 7 the reporting requirements under title V of the 8 National Security Act of 1947 (50 U.S.C. 3091 9 et seq.) or any authorized intelligence activities 10 of the United States. 11 (B) EXCEPTION TO COMPLY WITH INTER- 12 NATIONAL OBLIGATIONS.—The sanctions de- 13 scribed in this subsection shall not apply with 14 respect to an alien if admitting or paroling the 15 alien into the United States is necessary to per- 16 mit the United States to comply with the 17 Agreement regarding the Headquarters of the 18 United Nations, signed at Lake Success June 19 26, 1947, and entered into force November 21, 20 1947, between the United Nations and the 21 United States, or other applicable international 22 obligations. 23 (c) IMPLEMENTATION; PENALTIES.— 24 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 839 IH (1) IMPLEMENTATION.—The President may ex- 1 ercise all authorities provided under sections 203 2 and 205 of the International Emergency Economic 3 Powers Act (50 U.S.C. 1702 and 1704) to carry out 4 this section. 5 (2) PENALTIES.—The penalties provided for in 6 subsections (b) and (c) of section 206 of the Inter- 7 national Emergency Economic Powers Act (50 8 U.S.C. 1705) shall apply to a foreign person that 9 violates, attempts to violate, conspires to violate, or 10 causes a violation of this section to the same extent 11 that such penalties apply to a person that commits 12 an unlawful act described in subsection (a) of such 13 section 206. 14 (d) EXCEPTION RELATING TO THE IMPORTATION OF 15 GOODS.— 16 (1) IN GENERAL.—The authorities and require- 17 ments to impose sanctions under this Act shall not 18 include any authority or requirement to impose sanc- 19 tions on the importation of goods. 20 (2) GOOD DEFINED.—For purposes of this sub- 21 section, the term ‘‘good’’ means any article, natural 22 or man-made substance, material, supply, or manu- 23 factured product, including inspection and test 24 equipment and excluding technical data. 25 VerDate Sep 11 2014 17:44 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H839.IH H839 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 839 IH (e) DEFINITIONS.—In this section: 1 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 2 and ‘‘alien’’ have the meanings given those terms in 3 section 101 of the Immigration and Nationality Act 4 (8 U.S.C. 1001). 5 (2) FOREIGN PERSON.—The term ‘‘foreign per- 6 son’’ means an individual who is not— 7 (A) a United States citizen or national; or 8 (B) an alien lawfully admitted for perma- 9 nent residence to the United States. 10 (3) UNITED STATES PERSON.—The term 11 ‘‘United States person’’ means— 12 (A) a United States citizen, an alien law- 13 fully admitted for permanent residence to the 14 United States, or any other individual subject 15 to the jurisdiction of the United States; 16 (B) an entity organized under the laws of 17 the United States or of any jurisdiction within 18 the United States, including a foreign branch of [Text truncated for display. 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