Global Press Freedom Act

II 116TH CONGRESS 2D SESSION S. 5026 To establish the Office of Press Freedom, to create press freedom curriculum at the National Foreign Affairs Training Center, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 16, 2020 Mr. SCHATZ (for himself and Mr. YOUNG) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 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. 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 ‘‘Global Press Freedom 4 Act’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) Freedom of the press is a fundamental civil, 8 political, and human right that is foundational in the 9 United States democratic system and enshrined in 10 VerDate Sep 11 2014 05:33 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 2 •S 5026 IS the First Amendment of the United States Constitu- 1 tion, which states (in part) ‘‘Congress shall make no 2 law . . . abridging the freedom of speech or of the 3 press . . .’’. 4 (2) Freedom of the press is essential to a free, 5 open, and democratic system. 6 (3) Historically, United States foreign policy 7 has advanced freedom of the press as a central 8 tenet, at home and abroad. 9 (4) The United States led the drafting of the 10 Universal Declaration of Human Rights, adopted in 11 Paris on December 10, 1948, which enshrines the 12 commitment of countries around the world to protect 13 and promote universal human rights and values that 14 are indispensable for human dignity, including free- 15 dom of expression and of the press. 16 (5) Article 19 of the Universal Declaration of 17 Human Rights states, ‘‘Everyone has the right to 18 freedom of opinion and expression; this right in- 19 cludes freedom to hold opinions without interference 20 and to seek, receive and impart information and 21 ideas through any media and regardless of fron- 22 tiers.’’. 23 (6) In 1823, Thomas Jefferson wrote, ‘‘the only 24 security of all is in a free press’’. 25 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 3 •S 5026 IS (7) A free press has long been recognized as an 1 important aspect of the United States national secu- 2 rity and actions taken by foreign governments or or- 3 ganizations that weaken free press protections are a 4 national security threat to the United States. 5 (8) The right to freedom of the press is under 6 renewed and, in some cases, increasing assault 7 around the world, with rhetoric delegitimizing and 8 discrediting the media or journalists, online harass- 9 ment, physical attacks, legal campaigns, censorship, 10 and surveillance, all of which threaten the ability of 11 journalists to do their jobs safely and freely. 12 (9) In the past decade, the world has seen a 13 significant deterioration of press freedoms. 14 (10) According to Freedom House’s ‘‘Freedom 15 in the Media 2019’’ study— 16 (A) 19 percent of the countries it des- 17 ignates as ‘‘Free’’ with respect to press and 18 journalistic freedom have seen reductions in 19 their press freedom score during the past 5 20 years; and 21 (B) 28 percent of the countries it des- 22 ignates as ‘‘Not Free’’ have experienced further 23 declines in press freedom during the past 5 24 years. 25 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 4 •S 5026 IS (11) According to Reporters Without Border’s 1 2020 World Press Freedom Index— 2 (A) approximately 74 percent of the coun- 3 tries of the world are classified as ‘‘problematic 4 situation’’ or worse with respect to journalistic 5 freedom; 6 (B) approximately 26 percent of the coun- 7 tries of the world have ‘‘satisfactory’’ or ‘‘good’’ 8 press freedom environments; 9 (C) among the countries that have recently 10 suffered the largest declines in press freedom 11 are Poland, Turkey, Burundi, Hungary, Bo- 12 livia, Serbia, and the Democratic Republic of 13 Congo; 14 (D) around the world, 2019 marked the 15 fourth consecutive year in which 300 or more 16 journalists were jailed; 17 (E) the COVID–19 pandemic has precip- 18 itated state censorship, harassment, and vio- 19 lence in both authoritarian and democratic 20 states; and 21 (F) authorities have detained journalists 22 for reporting on the pandemic in many nations, 23 including China, Zimbabwe, Bangladesh, Mali, 24 Belarus, Azerbaijan, Iran, the Philippines, 25 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 5 •S 5026 IS Tajikistan, Poland, the Democratic Republic of 1 Congo, and Serbia. 2 (12) According to the Committee to Protect 3 Journalists, in 2019— 4 (A) at least 250 journalists worldwide were 5 in prison for the fourth consecutive year, with 6 Turkey, China, Egypt, and Saudi Arabia re- 7 sponsible for more than 50 percent of the jailed 8 journalists; 9 (B) of the journalists detained— 10 (i) 23 percent were detained without 11 charge; and 12 (ii) 66 percent were imprisoned on 13 anti-state charges; 14 (C) at least 25 journalists were killed for 15 their work; and 16 (D) there was complete impunity for jour- 17 nalists’ murders in an estimated 85 percent of 18 cases. 19 (13) Congress has recognized the importance of 20 freedom of the press by enacting— 21 (A) the Daniel Pearl Freedom of the Press 22 Act of 2009 (Public Law 111–166); 23 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 6 •S 5026 IS (B) the Global Magnitsky Human Rights 1 Accountability Act (subtitle F of title XII of 2 Public Law 114–328); and 3 (C) S. Res. 501, 115th Congress (recog- 4 nizing threats to freedom of the press and ex- 5 pression around the world and reaffirming free- 6 dom of the press as a priority in efforts of the 7 Government of the United States to promote 8 democracy and good governance). 9 (14) The importance of freedom of the press 10 has been recognized by numerous United States 11 presidential administrations that span ideological 12 and party lines, including— 13 (A) a 1786 letter to James Currie, in 14 which Secretary of State Thomas Jefferson 15 wrote ‘‘our liberty depends on the freedom of 16 the press, and that cannot be limited without 17 being lost.’’; 18 (B) an address to Congress on February 6, 19 1986, in which President Ronald Reagan stat- 20 ed, ‘‘Victories against poverty are greatest and 21 peace most secure where people live by laws 22 that ensure free press, free speech, and freedom 23 to worship, vote, and create wealth’’; 24 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 7 •S 5026 IS (C) a statement by Secretary of State 1 Condoleezza Rice on April 11, 2007, stating 2 that ‘‘there is no more important pillar of de- 3 mocracy than a free and active press’’; 4 (D) a statement by former Secretary of 5 State Madeline Albright on May 31, 2018, re- 6 porting that ‘‘Freedom of the press is a basic 7 aspect of democracy, invented by Americans.’’; 8 and 9 (E) a statement by Secretary of State 10 Mike Pompeo on May 3, 2019, stating, ‘‘A free 11 and independent media is indispensable to a vi- 12 brant, functioning democracy. Despite some 13 progress, journalists around the world continue 14 to be persecuted, targeted with violence, or even 15 killed—all too often with impunity.’’. 16 (15) Protection of a free and open press is not 17 a partisan issue. 18 (16) It is imperative that Congress further en- 19 shrine the Department of State’s role in protecting 20 this basic human right abroad. 21 SEC. 3. STATEMENT OF POLICY. 22 It shall be the policy of the United States— 23 (1) to condemn violations of, and attacks on, 24 press freedoms; 25 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 8 •S 5026 IS (2) to promote, and to assist other governments 1 in the promotion of, the importance of a free and 2 open press; 3 (3) to support press freedom abroad in all as- 4 pects of American foreign policy; and 5 (4) to work with foreign governments that af- 6 firm and protect press freedom— 7 (A) to develop multilateral initiatives to 8 combat suppression of the free press; and 9 (B) to hold accountable those governments 10 that violate and attack press freedoms. 11 SEC. 4. OFFICE OF PRESS FREEDOM; AMBASSADOR-AT- 12 LARGE FOR PRESS FREEDOM. 13 (a) ESTABLISHMENT.—There is established, within 14 the United States Department of State, the Office of 15 Press Freedom (referred to in this Act as the ‘‘Office’’), 16 which— 17 (1) shall be situated in the Bureau of Democ- 18 racy, Human Rights, and Labor; and 19 (2) shall be headed by the Ambassador-at- 20 Large for Press Freedom (referred to in this Act as 21 the ‘‘Ambassador’’). 22 (b) APPOINTMENT.—The Ambassador shall be ap- 23 pointed by the President, by and with advice and consent 24 of the Senate, and shall work with the Assistant Secretary 25 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 9 •S 5026 IS of State for Democracy, Human Rights, and Labor to ad- 1 vise the Secretary of State regarding matters related to 2 press freedom. 3 (c) DUTIES.—The Ambassador shall have the fol- 4 lowing duties: 5 (1) GENERAL RESPONSIBILITIES.—The Ambas- 6 sador shall have the primary responsibility— 7 (A) to advance the protection and well- 8 being of members of the United States and for- 9 eign press abroad; 10 (B) to denounce violations of press free- 11 dom or freedom of expression by foreign gov- 12 ernments or other actors; and 13 (C) to engage with foreign governments 14 and press freedom organizations around the 15 world concerning press freedom and freedom of 16 expression. 17 (2) SPECIFIC TASKS.—The Ambassador, with 18 the assistance of the Office, and in fulfillment of the 19 responsibilities described in paragraph (1), shall— 20 (A) coordinate efforts between relevant 21 United States embassy personnel and press or- 22 ganizations or threatened individuals in situa- 23 tions in which freedom of the press is threat- 24 ened abroad; 25 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 10 •S 5026 IS (B) publicly and privately denounce op- 1 pression of the press abroad; 2 (C) represent the United States in issues 3 concerning press freedom in diplomatic engage- 4 ment with foreign governments, intergovern- 5 mental organizations, the United Nations, and 6 other international organizations in which the 7 United States is a member; 8 (D) recommend appropriate responses by 9 the United States Government when press free- 10 doms are infringed upon; and 11 (E) provide Congress and the public with 12 a regular report describing the successes and 13 enduring challenges of the Office, based on 14 metrics that the Office shall develop. 15 (3) ADVISORY ROLE.—The Ambassador— 16 (A) shall be a principal advisor to the 17 President and to the Secretary of State regard- 18 ing matters affecting press freedom abroad; and 19 (B) shall make recommendations regarding 20 the polices of the United States Government to- 21 wards governments or other organizations or in- 22 dividuals that— 23 (i) violate press freedoms; or 24 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 11 •S 5026 IS (ii) fail to ensure the protection of 1 members of the press. 2 (4) REPORTING RESPONSIBILITIES.—The Am- 3 bassador shall— 4 (A) work with the staff of the Office to en- 5 sure the success of the Office in carrying out its 6 mission— 7 (i) to promote press freedom abroad; 8 and 9 (ii) to protect members of the press in 10 foreign countries; 11 (B) not later than 1 year after being ap- 12 pointed, ensure that there is a reasonable proc- 13 ess for measuring the efficacy of the Office in 14 carrying out the missions described in subpara- 15 graph (A); 16 (C) not later than 18 months after being 17 appointed, and annually thereafter— 18 (i) submit a report to Congress that 19 describes— 20 (I) the outcomes of the activities 21 of the Office based on the process es- 22 tablished pursuant to subparagraph 23 (B); and 24 VerDate Sep 11 2014 02:12 Dec 29, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 12 •S 5026 IS (II) the efforts of the National 1 Foreign Affairs Training Center to 2 train Foreign Service Officers about 3 press freedom in accordance with sec- 4 tion 5; and 5 (ii) make a copy of the report sub- 6 mitted pursuant to clause (i) available to 7 the public; and 8 (D) review and approve the language in 9 the ‘‘Freedom of Expression’’ section of each 10 country reviewed in the annual Country Report 11 on Human Rights Practices. 12 (5) FUNDING.—The Secretary of State shall 13 provide the Ambassador with sufficient funds— 14 (A) to hire the staff for the Office to en- 15 able the Office to carry out the tasks and re- 16 sponsibilities described in paragraphs (1), (2), 17 and (3); 18 (B) to comply with the reporting require- 19 ments described in paragraph (4); and 20 (C) for necessary travel to carry out this 21 section. 22 SEC. 5. PRESS FREEDOM CURRICULUM. 23 (a) DEVELOPMENT.—The Ambassador and the Of- 24 fice shall develop a press freedom curriculum for the Na- 25 VerDate Sep 11 2014 05:33 Dec 31, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S5026.IS S5026 dlhill on DSK120RN23PROD with BILLS 13 •S 5026 IS tional Foreign Affairs Training Center that enables For- 1 eign Service Officers to better understand issues of press 2 freedom and the tools that are available to help protect 3 journalists and promote freedom of the press norms, in- 4 cluding— 5 (1) the historic and current issues facing press 6 freedom, including countries of specific concern; 7 (2) the Department of State’s role in promoting 8 press freedom as an American value, a human rights 9 issue, and a national security imperative; 10 (3) ways to incorporate press freedom p [Text truncated for display. Full text available on Congress.gov.]