Jamal Khashoggi Press Freedom Accountability Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8641 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 OCTOBER 20, 2020 Mr. SCHIFF (for himself, Mr. MCGOVERN, Mr. HASTINGS, Mr. TAKANO, Ms. WILD, Mr. SAN NICOLAS, Mr. GREEN of Texas, Ms. SCHAKOWSKY, Mr. KHANNA, Ms. NORTON, Mr. DEUTCH, Mr. RASKIN, Ms. LEE of Cali- fornia, Mrs. BUSTOS, Mr. SIRES, Mr. COHEN, and Mr. NEGUSE) intro- duced the following bill; which was referred to the Committee on Foreign Affairs, 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 2020’’. 5 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8641 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 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8641 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 2019 data from the Committee 5 to Protect Journalists, for the fourth consecutive 6 year, at least 248 journalists were imprisoned glob- 7 ally in 2019, and in 96 percent of the 337 cases in 8 which journalists were murdered for their work 9 worldwide in the preceding decade, either no perpe- 10 trator was successfully prosecuted or only some of 11 the suspected perpetrators were convicted. 12 (9) According to 2019 data from Freedom 13 House, in seven of the last 10 years, more countries 14 have seen declines in press freedom scores than im- 15 provements. In the last five years, nearly 50 percent 16 more countries have seen a net decline in press free- 17 dom. 18 (10) According to 2019 data from Reporters 19 Without Borders, 63 percent of the journalists killed 20 last year were deliberately targeted and 59 percent 21 were killed outside warzones. 22 (11) In 2018, the brutal murder of Jamal 23 Khashoggi at the hands of Saudi intelligence officers 24 acting on explicit orders of the Saudi Government 25 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8641 IH underscored the extent to which those in power will 1 go to stifle the freedom of expression, silence their 2 critics, and eliminate the threat they believe inde- 3 pendent journalists pose to their rule. 4 SEC. 3. EXPANDING SCOPE OF HUMAN RIGHTS REPORTS 5 WITH RESPECT TO VIOLATIONS OF HUMAN 6 RIGHTS OF JOURNALISTS. 7 The Foreign Assistance Act of 1961 (22 U.S.C. 2151 8 et seq.) is amended as follows: 9 (1) In paragraph (12) of section 116(d)— 10 (A) in subparagraph (B)— 11 (i) by inserting ‘‘or online harass- 12 ment’’ after ‘‘direct physical attacks’’; and 13 (ii) by inserting ‘‘or surveillance’’ 14 after ‘‘sources of pressure’’; 15 (B) in subparagraph (C)(ii), by striking 16 ‘‘ensure the prosecution’’ and all that follows to 17 the end of the clause and inserting ‘‘ensure the 18 investigation, prosecution, and conviction of 19 government officials or private individuals who 20 engage in or facilitate digital or physical at- 21 tacks, including hacking, censorship, surveil- 22 lance, harassment, unlawful imprisonment, or 23 bodily harm, against journalists and others who 24 perform, or provide administrative support to, 25 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8641 IH the dissemination of print, broadcast, internet- 1 based, or social media intended to communicate 2 facts or opinion.’’; 3 (C) by redesignating subparagraphs (B) 4 and (C) (as amended by subparagraph (A) of 5 this section) as subparagraphs (C) and (D), re- 6 spectively; and 7 (D) by inserting after subparagraph (A) 8 the following new subparagraph: 9 ‘‘(B) an identification of countries in which 10 there were gross violations of internationally 11 recognized human rights (as such term is de- 12 fined for purposes of section 502B) committed 13 against journalists;’’. 14 (2) By redesignating the second subsection (i) 15 of section 502B as subsection (j). 16 (3) In the first subsection (i) of section 502B— 17 (A) in paragraph (2)— 18 (i) by inserting ‘‘or online harass- 19 ment’’ after ‘‘direct physical attacks’’; and 20 (ii) by inserting ‘‘or surveillance’’ 21 after ‘‘sources of pressure’’; 22 (B) by redesignating paragraph (2) (as 23 amended by subparagraph (A) of this section) 24 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8641 IH and paragraph (3) as paragraphs (3) and (4), 1 respectively; and 2 (C) by inserting after paragraph (1) the 3 following new paragraph: 4 ‘‘(2) an identification of countries in which 5 there were gross violations of internationally recog- 6 nized human rights committed against journalists;’’. 7 SEC. 4. IMPOSITION OF SANCTIONS ON PERSONS RESPON- 8 SIBLE FOR THE COMMISSION OF GROSS VIO- 9 LATIONS OF INTERNATIONALLY RECOGNIZED 10 HUMAN RIGHTS AGAINST JOURNALISTS. 11 (a) LISTING OF PERSONS WHO HAVE COMMITTED 12 GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED 13 HUMAN RIGHTS.— 14 (1) IN GENERAL.—On or after the date on 15 which a person is listed pursuant to paragraph (2), 16 the President shall impose the sanctions described in 17 subsection (b) on each foreign person the President 18 determines, based on credible information, has per- 19 petrated, ordered, or otherwise directed the 20 extrajudicial killing of or other gross violation of 21 internationally recognized human rights committed 22 against a journalist or other person who performs, 23 or provides administrative support to, the dissemina- 24 tion of print, broadcast, internet-based, or social 25 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 8641 IH media intended to report newsworthy activities or in- 1 formation, or communicate facts or fact-based opin- 2 ions. 3 (2) PUBLICATION OF LIST.—The Secretary of 4 State shall publish on a publicly available website of 5 the Department of State a list of the names of each 6 foreign person determined pursuant to paragraph 7 (1) to have perpetrated, ordered, or directed an act 8 described in such paragraph. Such list shall be up- 9 dated at least annually. 10 (3) EXCEPTION.—The President may waive the 11 imposition of sanctions under paragraph (1) and 12 omit a foreign person from the list published in ac- 13 cordance with paragraph (2), or terminate such 14 sanctions and remove a foreign person from such 15 list, if the President certifies to the Committee on 16 Foreign Affairs of the House of Representatives and 17 the Committee on Foreign Relations of the Senate— 18 (A) that public identification of the indi- 19 vidual is not in the national interest of the 20 United States, including an unclassified de- 21 scription of the factual basis supporting such 22 certification that may contain a classified 23 annex; or 24 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 8641 IH (B) that appropriate foreign government 1 authorities have credibly— 2 (i) investigated the foreign person 3 and, as appropriate, held such person ac- 4 countable for perpetrating, ordering, or di- 5 recting the acts described in paragraph 6 (1); 7 (ii) publicly condemned violations of 8 the freedom of the press and the acts de- 9 scribed in paragraph (1); 10 (iii) complied with any requests for in- 11 formation from international or regional 12 human rights organizations with respect to 13 the acts described in paragraph (1); and 14 (iv) complied with any United States 15 Government requests for information with 16 respect to the acts described in paragraph 17 (1). 18 (b) SANCTIONS DESCRIBED.—The sanctions de- 19 scribed in this subsection are the following: 20 (1) ASSET BLOCKING.—The President shall ex- 21 ercise all of the powers granted to the President 22 under the International Emergency Economic Pow- 23 ers Act (50 U.S.C. 1701 et seq.) to the extent nec- 24 essary to block and prohibit all transactions in prop- 25 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 8641 IH erty and interests in property of a foreign person 1 identified in the report required under subsection 2 (a)(1) if such property and interests in property are 3 in the United States, come within the United States, 4 or come within the possession or control of a United 5 States person. 6 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR 7 PAROLE.— 8 (A) VISAS, ADMISSION, OR PAROLE.—An 9 alien described in subsection (a)(1) is— 10 (i) inadmissible to the United States; 11 (ii) ineligible to receive a visa or other 12 documentation to enter the United States; 13 and 14 (iii) otherwise ineligible to be admitted 15 or paroled into the United States or to re- 16 ceive any other benefit under the Immigra- 17 tion and Nationality Act (8 U.S.C. 1101 et 18 seq.). 19 (B) CURRENT VISAS REVOKED.— 20 (i) IN GENERAL.—An alien described 21 in subsection (a)(1) is subject to revocation 22 of any visa or other entry documentation 23 regardless of when the visa or other entry 24 documentation is or was issued. 25 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 8641 IH (ii) IMMEDIATE EFFECT.—A revoca- 1 tion under clause (i) shall take effect im- 2 mediately, and automatically cancel any 3 other valid visa or entry documentation 4 that is in the alien’s possession. 5 (3) EXCEPTIONS.— 6 (A) EXCEPTION FOR INTELLIGENCE AC- 7 TIVITIES.—The sanctions described in this sub- 8 section shall not apply to any activity subject to 9 the reporting requirements under title V of the 10 National Security Act of 1947 (50 U.S.C. 3091 11 et seq.) or any authorized intelligence activities 12 of the United States. 13 (B) EXCEPTION TO COMPLY WITH INTER- 14 NATIONAL OBLIGATIONS.—The sanctions de- 15 scribed in this subsection shall not apply with 16 respect to an alien if admitting or paroling the 17 alien into the United States is necessary to per- 18 mit the United States to comply with the 19 Agreement regarding the Headquarters of the 20 United Nations, signed at Lake Success June 21 26, 1947, and entered into force November 21, 22 1947, between the United Nations and the 23 United States, or other applicable international 24 obligations. 25 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 8641 IH (c) IMPLEMENTATION; PENALTIES.— 1 (1) IMPLEMENTATION.—The President may ex- 2 ercise all authorities provided under sections 203 3 and 205 of the International Emergency Economic 4 Powers Act (50 U.S.C. 1702 and 1704) to carry out 5 this section. 6 (2) PENALTIES.—The penalties provided for in 7 subsections (b) and (c) of section 206 of the Inter- 8 national Emergency Economic Powers Act (50 9 U.S.C. 1705) shall apply to a foreign person that 10 violates, attempts to violate, conspires to violate, or 11 causes a violation of this section to the same extent 12 that such penalties apply to a person that commits 13 an unlawful act described in subsection (a) of such 14 section 206. 15 (d) EXCEPTION RELATING TO THE IMPORTATION OF 16 GOODS.— 17 (1) IN GENERAL.—The authorities and require- 18 ments to impose sanctions under this Act shall not 19 include any authority or requirement to impose sanc- 20 tions on the importation of goods. 21 (2) GOOD DEFINED.—For purposes of this sub- 22 section, the term ‘‘good’’ means any article, natural 23 or man-made substance, material, supply, or manu- 24 VerDate Sep 11 2014 18:38 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8641.IH H8641 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 8641 IH factured product, including inspection and test 1 equipment and excluding technical data. 2 (e) DEFINITIONS.—In this section: 3 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 4 and ‘‘alien’’ have the meanings given those terms in 5 section 101 of the Immigration and Nationality Act 6 (8 U.S.C. 1001). 7 (2) FOREIGN PERSON.—The term ‘‘foreign per- 8 son’’ means an individual who is not— 9 (A) a United States citizen or national; or 10 (B) an alien lawfully admitted for perma- 11 nent residence to the United States. 12 (3) UNITED STATES PERSON.—The term 13 ‘‘United States person’’ means— 14 (A) a United States citizen, an alien law- 15 fully admitted for permanent residence to the 16 United States, or any other individual subject 17 to the jurisdiction of the Unit [Text truncated for display. 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