International Press Freedom Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1495 To promote international press freedom, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 29, 2021 Mr. KAINE (for himself and Mr. GRAHAM) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To promote international press freedom, 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 ‘‘International Press 4 Freedom Act of 2021’’. 5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 6 (a) FINDINGS.—Congress makes the following find- 7 ings: 8 (1) Even as the number of journalists killed in 9 war zones has reached a historic low, the number of 10 journalists killed or targeted in countries at peace 11 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1495 IS continues to remain at historically high levels. In 1 2020, more than 2⁄3 of all media fatalities took place 2 in countries at peace. 3 (2) Even as the COVID–19 pandemic reduced 4 the number of journalists reporting from the field, 5 Reporters Without Borders (RSF) reported that 50 6 journalists were killed in 2020. Additionally, as of 7 December 2020, 387 journalists remained impris- 8 oned worldwide, continuing the historically high 9 trend seen in previous years, and 57 journalists were 10 held hostage. 11 (3) As the frontier between countries at war 12 and countries at peace continues to disappear, more 13 must be done to protect journalists and activists de- 14 fending human rights and spreading awareness of 15 abuse and corruption. 16 (b) SENSE OF CONGRESS.—It is the sense of Con- 17 gress that— 18 (1) a free and vibrant press is the fulcrum of 19 democracy; 20 (2) the protection and advancement of the free- 21 dom of expression is a foundational value of the 22 United States; 23 (3) the Universal Declaration of Human Rights, 24 which the General Assembly of the United Nations 25 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1495 IS adopted in 1948 with the United States voting in 1 favor, defines freedom of expression, which includes 2 a free press, as a fundamental human right; 3 (4) the International Covenant on Civil and Po- 4 litical Rights, which the United States ratified in 5 1992, specifies that everyone shall have the ‘‘free- 6 dom to seek, receive and impart information and 7 ideas of all kinds, regardless of frontiers, either oral- 8 ly, in writing or in print, in the form of art, or 9 through any other media of his choice’’; and 10 (5) it is in the national security interest of the 11 United States to promote the spread of democratic 12 values and institutions worldwide. 13 SEC. 3. OFFICE ON INTERNATIONAL PRESS FREEDOM; CO- 14 ORDINATOR FOR INTERNATIONAL PRESS 15 FREEDOM. 16 (a) ESTABLISHMENT OF OFFICE.—There is estab- 17 lished within the Department of State an Office on Inter- 18 national Press Freedom (referred to in this section as the 19 ‘‘Office’’). 20 (b) COORDINATOR FOR INTERNATIONAL PRESS 21 FREEDOM.— 22 (1) IN GENERAL.—The Office shall be headed 23 by the Coordinator for International Press Freedom 24 appointed under paragraph (2). 25 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1495 IS (2) APPOINTMENT.—The Coordinator shall be 1 appointed by the Secretary of State. 2 (3) REPORTING.—The Coordinator shall report 3 to the Assistant Secretary of State for Democracy, 4 Human Rights, and Labor. 5 (c) DUTIES.—The Coordinator for International 6 Press Freedom shall have the following responsibilities: 7 (1) IN GENERAL.—The primary responsibility 8 of the Coordinator shall be— 9 (A) to advance the right to freedom of the 10 press and freedom of expression abroad; 11 (B) to denounce violations of that right; 12 (C) to recommend appropriate responses 13 by the United States Government when that 14 right is violated; 15 (D) to recommend— 16 (i) the issuance of nonimmigrant visas 17 to individuals classified as threatened jour- 18 nalists under subsection (s) of section 214 19 of the Immigration and Nationality Act (8 20 U.S.C. 1184), as added by section 6(a); 21 and 22 (ii) the provision of humanitarian pa- 23 role to certain journalists under section 24 6(b); and 25 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1495 IS (E) to make individualized determinations 1 with respect to the continued risk to the lives 2 and safety of such individuals and journalists, 3 as described in section 6(c). 4 (2) ADVISORY ROLE.—The Coordinator shall— 5 (A) be the principal adviser to the Assist- 6 ant Secretary of State for Democracy, Human 7 Rights, and Labor regarding matters affecting 8 press freedom abroad; and 9 (B) make recommendations regarding— 10 (i) the policies of the United States 11 Government toward foreign governments 12 that violate freedom of the press or fail to 13 ensure the safety and freedom of persons 14 engaged in free expression or journalism; 15 and 16 (ii) policies to advance the right to 17 free expression and freedom of the press 18 abroad. 19 (3) DIPLOMATIC REPRESENTATION.—Subject to 20 the direction of the Secretary of State and the As- 21 sistant Secretary of State for Democracy, Human 22 Rights, and Labor, the Coordinator is authorized to 23 represent the United States in matters and cases 24 relevant to press freedom abroad in— 25 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1495 IS (A) contacts with foreign governments, 1 intergovernmental organizations, and special- 2 ized agencies of the United Nations, the Orga- 3 nization for Security and Co-operation in Eu- 4 rope, and other international organizations of 5 which the United States is a member; and 6 (B) multilateral conferences and meetings 7 relevant to press freedom abroad. 8 (4) OTHER DUTIES.—The Coordinator shall 9 have such other responsibilities in carrying out this 10 Act as the Secretary of State and the Assistant Sec- 11 retary of State for Democracy, Human Rights, and 12 Labor determine. 13 (d) FUNDING.—The Secretary of State shall provide 14 the Coordinator for International Press Freedom with 15 such funds as may be necessary for the hiring of staff 16 for— 17 (1) the Office; 18 (2) the conduct of investigations by the Office; 19 and 20 (3) necessary travel. 21 SEC. 4. AT-RISK JOURNALISTS FUND. 22 (a) ESTABLISHMENT.—There is established in the 23 Treasury of the United States a fund, to be known as the 24 ‘‘At-Risk Journalists Fund’’ (in this section referred to 25 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1495 IS as the ‘‘Fund’’), to be administered by the Secretary of 1 State. 2 (b) PURPOSES OF THE FUND.—The Secretary of 3 State shall use the amounts in the Fund for the following 4 purposes: 5 (1) To support journalists operating in restric- 6 tive environments by providing— 7 (A) training in digital identity protection 8 and physical security; and 9 (B) psycho-social care. 10 (2) To provide short-term emergency assistance 11 to support and protect journalists who have been 12 threatened, harassed, or attacked and need to relo- 13 cate, which may be provided through existing mecha- 14 nisms such as the Human Rights Defenders Fund of 15 the Department of State. 16 (3) To provide medium-term emergency assist- 17 ance resources for journalists in danger, including 18 continuing support to journalists described in para- 19 graph (2) whose relocations must be extended due to 20 ongoing security concerns. 21 (c) USE OF FUNDS.—Amounts authorized to be ap- 22 propriated under subsection (e) shall be obligated and ex- 23 pended consistent with the action plan required by section 24 7032(i)(1) of the Department of State, Foreign Oper- 25 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1495 IS ations, and Related Programs Appropriations Act, 2018 1 (division K of Public Law 115–141). 2 (d) ANNUAL REPORT TO CONGRESS.— 3 (1) IN GENERAL.—Not later than March 1 of 4 each year, the Secretary of State shall submit to the 5 appropriate committees of Congress a report on the 6 Fund. 7 (2) ELEMENTS.—Each report required by para- 8 graph (1) shall include the following: 9 (A) The total amount expended from the 10 Fund during the previous calendar year for 11 each of the purposes specified in subsection (b). 12 (B) A description of the specific programs 13 implemented using amounts from the Fund 14 during such year. 15 (C) Data regarding the number and na- 16 tionality of journalists assisted using such 17 amounts during such year. 18 (D) Such accounts of individuals assisted 19 by the Fund during such year that the Sec- 20 retary of State considers relevant to share. 21 (3) DEFINITION OF APPROPRIATE COMMITTEES 22 OF CONGRESS.—In this subsection, the term ‘‘appro- 23 priate commitees of Congress’’ means— 24 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1495 IS (A) the Committee on Foreign Relations, 1 the Committee on Appropriations, and the 2 Human Rights Caucus of the Senate; and 3 (B) the Committee on Foreign Affairs, the 4 Committee on Appropriations, and the Tom 5 Lantos Human Rights Commission of the 6 House of Representatives. 7 (e) AUTHORIZATION OF APPROPRIATIONS.— 8 (1) IN GENERAL.—There is authorized to be 9 appropriated to the Fund $30,000,000 to carry out 10 this section for each of the 5 fiscal years beginning 11 with the first fiscal year that begins after the date 12 of the enactment of this Act. 13 (2) AVAILABILITY OF AMOUNTS.—Amounts au- 14 thorized to be appropriated under paragraph (1) 15 shall remain available until expended. 16 (f) SENSE OF CONGRESS.—It is the sense of Con- 17 gress that— 18 (1) amounts authorized to be appropriated 19 under subsection (e) should be appropriated in addi- 20 tion to amounts regularly appropriated for other 21 programs to promote human rights and civil society; 22 and 23 (2) support for civil society activists and other 24 human rights defenders provided by the Federal 25 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1495 IS Government as of the date of the enactment of this 1 Act should not be decreased. 2 SEC. 5. ASSISTANCE TO COMBAT IMPUNITY. 3 (a) LIST OF COUNTRIES.—Not later than 180 days 4 after the date of the enactment of this Act, and not later 5 than March 1 of each year thereafter, the Secretary of 6 State, in consultation with the Attorney General of the 7 United States and nongovernmental organizations with ex- 8 pertise in threats to journalists worldwide, shall create a 9 list of not less than 10 countries in which journalists face 10 the greatest risk of murder, assault, harassment, intimida- 11 tion, or other crimes. 12 (b) BUREAU OF INTERNATIONAL NARCOTICS AND 13 LAW ENFORCEMENT PROGRAMS.— 14 (1) IN GENERAL.—Of amounts appropriated 15 each fiscal year for ‘‘International Narcotics Control 16 and Law Enforcement’’ for bilateral assistance for 17 each country identified in the list required by sub- 18 section (a), the Assistant Secretary of State for 19 International Narcotics and Law Enforcement Af- 20 fairs shall use not less than 10 percent for programs 21 to assist police, prosecutors, judges, and other indi- 22 viduals— 23 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1495 IS (A) to support the investigation and pros- 1 ecution of individuals who commit crimes 2 against journalists; and 3 (B) to prevent such crimes. 4 (2) CONSULTATION.—The Assistant Secretary 5 of State for International Narcotics and Law En- 6 forcement Affairs shall develop the programs de- 7 scribed in paragraph (1) in consultation with the 8 Bureau of Democracy, Human Rights, and Labor of 9 the Department of State, the Department of Justice, 10 and other local or international organizations with 11 expertise in threats to journalists in the relevant 12 country. 13 (c) ANNUAL REPORT TO CONGRESS.— 14 (1) IN GENERAL.—Not later than 180 days 15 after the date of the enactment of this Act, and not 16 later than March 1 of each year thereafter, the As- 17 sistant Secretary of State for International Nar- 18 cotics and Law Enforcement Affairs, in consultation 19 with the Assistant Secretary of State for Democracy, 20 Human Rights, and Labor, shall submit to Congress 21 a report outlining the efforts and level of success of 22 such Assistant Secretaries in combatting impunity 23 for attacks against journalists, with special emphasis 24 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 1495 IS on the countries identified in the list required by 1 subsection (a). 2 (2) ELEMENTS.—Each report required by para- 3 graph (1) shall include the following: 4 (A) The number of journalists in foreign 5 countries who were killed, attacked, harassed, 6 or intimidated during the previous calendar 7 year. 8 (B) The number of cases of crimes against 9 journalists in foreign countries that were pros- 10 ecuted, the number of convictions in those 11 cases, and the sentences for individuals con- 12 victed, during such year. 13 (C) A description of any relevant preven- 14 tion efforts or training conducted by the Bu- 15 reau of International Narcotics and Law En- 16 forcement Affairs of the Department of State 17 for host nation officials, journalists, or other in- 18 dividuals during such year. 19 SEC. 6. NONIMMIGRANT VISAS AND HUMANITARIAN PA- 20 ROLE FOR THREATENED JOURNALISTS. 21 (a) NONIMMIGRANT VISAS.— 22 (1) EXPANSION OF FOREIGN MEDIA NON- 23 IMMIGRANT VISA CATEGORY.—Section 101(a)(15)(I) 24 VerDate Sep 11 2014 22:46 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1495.IS S1495 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 1495 IS of the Immigration and Nationality Act (8 U.S.C. 1 1101(a)(15 [Text truncated for display. Full text available on Congress.gov.]