,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gjja ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjbj,mr4 ,smith of ,new ,jersey 7for himself and ,mr4 ,suozzi7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to protect and promote the freedom of the press globally4 #a4 ,short title ,this ,act may be cited as the ,world ,press ,freedom ,protection and ,reciprocity ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,foreign person ,the term foreign person means an individual who is not-- 7,a7 a ,united ,states citizen2 or 7,b7 an alien lawfully admitted for permanent residence to the ,united ,states4 7#b7 ,internationally-recognized right to the freedom of expression ,the term internationally-recognized right to the freedom of expression means those rights described in ,article #ai of the ,united ,nations ,declaration of ,human ,rights and ,article #ai of the ,international ,covenant on ,civil and ,political ,rights4 7#c7 ,knowingly ,the term knowingly means1 with respect to conduct1 a circumstance1 or a result1 that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#d7 ,major non-,,nato ally ,the term major non-,,nato ally means a country designated as a major non-,,nato ally under section #eag of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcbak74 #c4 ,statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,freedom of the press is a critical component of democratic governance and enhances transparency1 accountability1 and participation of civil society4 7#b7 ,united ,states ,government efforts to protect and expand freedom of the press and free expression1 including online1 is in the national interests of the ,united ,states by supporting democracy1 promoting good governance and public health1 mitigating conflict1 and encouraging transparency and civil society development around the world4 7#c7 ,globally1 journalists and media personnel that receive and impart information and ideas1 online and offline1 face increasing restrictions1 threats1 censorship1 arbitrary detention1 torture1 enforced disappearances1 extrajudicial killings1 and other violence for exercising their right to freedom of expression in accordance with ,article #ai of both the ,universal ,declaration of ,human ,rights and the ,international ,covenant on ,civil and ,political ,rights4 7#d7 ,impunity for attacks on journalists and media personnel is an acute problem globally and a primary challenge to protecting freedom of expression and freedom of the press4 7#e7 ,according to the press freedom rankings issued annually by ,freedom ,house and ,reporters ,without ,borders1 countries with the most restrictive media and information environments include ,burma1 ,cuba1 ,eritrea1 ,iran1 ,north ,korea1 the ,philippines1 ,saudi ,arabia1 ,dijbouti1 ,syria1 ,laos1 ,turkmenistan1 and ,vietnam4 7#f7 ,the ,government of ,turkey1 since a failed coup attempt in #bjaf1 has used terrorism and national security laws to shutter hundreds of media outlets and jail dozens of journalists1 compounding the effects of more than a decade of expanding ruling party influence over the ownership of mainstream media in the country at the expense of independent outlets4 7#g7 ,the ,government of ,china maintains one of the most restrictive media and information environments in the world and seeks to control free speech inside and outside the country through censorship1 onerous media organization registration requirements1 harassment1 imprisonment1 conditioning of press credential renewals for foreign journalists and media personnel and visa issuance for foreign journalists and media personnel on positive coverage of ,china1 and the operation of a digital surveillance system so pervasive that both routine and sensitive reporting activities and many aspects of daily life are subject to government monitoring4 7#h7 ,russia has continued to use sophisticated tools to block and control information online and employ draconian laws to pressure independent media4 7#i7 ,expansion and export of new technologies used for censorship and digital surveillance represents a notable threat to human rights1 including press freedoms1 transparency1 and democratic governance globally1 and constitute a critical challenge to ,united ,states national interests4 7#aj7 ,other countries' restrictions on the activities of ,united ,states journalists and media personnel1 other countries' censorship and blocking of websites of ,united ,states news and media organizations1 and other restrictions on the cross-border flow of information-- 7,a7 damages the competitiveness of such organizations and limits access to information critical for ,united ,states investors1 consumers1 and others making market and financial decisions2 and 7,b7 should be considered a restriction of trade and creating an unfair competitive advantage benefitting ,state-owned or controlled news and media organizations4 7b7 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to advocate for detained and targeted journalists and media personnel in foreign countries1 including citizen journalists and bloggers2 7#b7 to call on foreign governments1 in both bilateral discussions and through multilateral organizations1 to end restrictions on the internationally-recognized right to freedom of expression and to abide by international commitments stipulated in ,article #ai of the ,universal ,declaration of ,human ,rights and ,article #ai of the ,international ,covenant on ,civil and ,political ,rights2 7#c7 to urge foreign governments to transparently investigate and bring to justice the perpetrators of attacks against journalists and media personnel2 7#d7 to halt efforts to censor or block access to news from ,united ,states journalists and media personnel and the websites of ,united ,states news and media organizations2 7#e7 to highlight threats to freedom of the press in the ,department of ,state's ,annual ,country ,reports on ,human ,rights ,practices1 as required under section #aaf7;d77#ab7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7d77#ab771 and other public statements by senior ,department of ,state officials2 7#f7 to seek as part of bilateral diplomatic negotiations globally conditions for a free flow of news and information1 internet freedom1 and an end to visas restrictions for ,united ,states journalists and media personnel2 7#g7 to link expansion of the free flow of news and information with ongoing and future trade agreements1 and other bilateral agreements and communiques1 by seeking language eliminating any and all limitations on market access for news agency services and the elimination of any restrictions on cross-border data flows involving journalists and media personnel1 including via the internet2 7#h7 to ensure that pursuing bilateral relationships with foreign governments1 particularly those with restrictive press and information environments1 is based on the principles of reciprocity across many sectors of the bilateral relationship1 including economic1 diplomatic1 educational1 religious1 and in the free flow of news and information2 and 7#i7 to clearly differentiate1 in official statements1 media communications1 and messaging1 between the citizens of a country and the government of the country1 for example1 the people and culture of ,china on the one hand and the ,government of the ,people's ,republic of ,china and the ,communist ,party of ,china on the other4 #d4 ,protection of foreign journalists and media personnel globally 7a7 ,statement of policy ,it is the policy of the ,united ,states to consider foreign government officials responsible for1 complicit in1 or having directly or indirectly engaged in serious restrictions of the internationally-recognized right to the freedom of expression1 among these arbitrary detention1 imprisonment1 enforced disappearance1 torture1 fines1 extrajudicial killing1 and other substantial threats to the life and liberty of a person1 as having committed-- 7#a7 gross violations of internationally recognized human rights for purposes of imposing sanctions with respect to such officials under the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #bfef note72 and 7#b7 gross violations of human rights for purposes of imposing sanctions with respect to such officials under section #gjca7;c7 of division ,f of the ,consolidated ,appropriations ,act1 #bjai 7,public ,law #aaf-f2 #acc ,stat4 #cai2 #h ,u4,s4,c4 #aahb note74 7b7 ,assistance authorized 7#a7 ,in general ,the ,secretary of ,state1 acting through the ,assistant ,secretary for ,democracy1 ,human ,rights and ,labor1 to the extent and in such amounts as are provided in advance in appropriations ,acts1 shall-- 7,a7 provide assistance to foreign journalists and media personnel who are victims of severe restrictions on the internationally-recognized right to the freedom of expression and to their families1 including assistance to pay for legal and other related expenses2 and 7,b7 support training for foreign journalists and media personnel globally1 including training to expand the internationally-recognized right to the freedom of expression and defend the civil and political freedoms found in the ,international ,covenant on ,civil and ,political ,rights4 7#b7 ,reference ,amounts authorized to be appropriated or otherwise made available to carry out this subsection may be referred to as the ,global ,press ,freedom ,defense ,fund4 #e4 ,plan to negotiate reciprocal access for ,united ,states news and media organizations globally 7a7 ,findings ,congress finds the following3 7#a7 ,united ,states news and media organizations and information portals are blocked or censored by certain foreign governments while the ,united ,states market remains open to websites of foreign news and media organizations and information portals1 including ,state-owned propaganda organizations4 7#b7 ,the stark lack of reciprocity in market access for ,united ,states news and media organizations and country access for ,united ,states journalists and media personnel limits constructive contacts between the ,united ,states and the world and allows some foreign governments unbalanced influence over their people's views of the ,united ,states and perceptions in the ,united ,states of their policies and programs4 7#c7 ,foreign governments with a sizable media and information footprint in the ,united ,states have a distinct interest in maintaining that footprint4 7#d7 ,greater quotients of reciprocity in the flow of news and information will be mutually advantageous in ,united ,states relations with countries such as ,china1 ,cuba1 ,eritrea1 ,iran1 ,russia1 ,vietnam1 and ,turkmenistan by fostering interactions that will create greater understanding1 trust1 and transparency4 7b7 ,plans 7#a7 ,in general ,the ,president shall establish a plan to negotiate access for ,united ,states news and media organizations and their employees globally and work to enhance reciprocity for news and media organizations operating in the ,united ,states4 7#b7 ,report ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report that summarizes the plan required under paragraph 7#a74 7#c7 ,sense of ,congress ,it is the sense of ,congress that1 in the interest of increasing access for ,united ,states news and media organizations and their employees globally and otherwise expanding press freedoms globally1 the ,president should proactively pursue bilateral agreements with governments of foreign countries to enhance reciprocity for news and media organizations operating in the ,united ,states4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,armed ,services1 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,homeland ,security1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#b7 the ,committee on ,armed ,services1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on the ,judiciary of the ,senate4 #f4 ,authorization of imposition of sanctions 7a7 ,in general ,the ,president shall impose the sanctions described in subsection 7b7 with respect to any foreign person the ,president determines1 based on credible evidence-- 7#a7 is responsible for the jailing1 killing1 or torture of journalists or media personnel or significant efforts to harass or restrict the activities1 terminate the visas1 or threaten the safety of journalists or media personnel1 including ,united ,states journalists or media personnel2 7#b7 acted as an agent1 or on behalf1 of a foreign person in a matter relating to an activity described in paragraph 7#a72 or 7#c7 is a government official1 or a senior associate of such an official1 that is responsible for or complicit in1 ordering1 controlling1 or otherwise directing an activity described in paragraph 7#a74 7b7 ,sanctions described ,the sanctions to be imposed with respect to a foreign person under subsection 7a7 are the following3 7#a7 ,the foreign person is-- 7,a7 inadmissible to the ,united ,states2 7,b7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7,c7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#b7 ,the foreign person is subject to the following3 7,a7 ,revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7,b7 ,a revocation under subparagraph 7,a7 shall-- 7i7 take effect immediately2 and 7ii7 automatically cancel any other valid visa or entry documentation that is in the foreign person's possession4 7c7 ,exceptions ,sanctions under subsection 7b7 shall not apply to a foreign person if admitting or paroling the person into the ,united ,states-- 7#a7 is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or any other applicable international obligation of the ,united ,states2 or 7#b7 is necessary to carry out or assist law enforcement activity in the ,united ,states4 7d7 ,waiver ,the ,president may waive the application of sanctions imposed with respect to a foreign person under subsection 7b7 if the ,president-- 7#a7 determines that such a waiver is in the national interest of the ,united ,states2 and 7#b7 not later than the date on which such waiver will take effect1 submits a notice of and justification for such waiver to the appropriate congressional committees4 7e7 ,termination of sanctions 7#a7 ,in general ,the ,president may terminate the application of sanctions under subsection 7b7 with respect to a foreign person if the ,president makes a determination that-- 7,a7 credible information exists that the person did not engage in the activity for which visa ineligibility was imposed2 7,b7 the person has been prosecuted appropriately for the activity for which visa ineligibility was imposed2 7,c7 the person has-- 7i7 credibly demonstrated a significant change in behavior2 7ii7 been subject to an appropriate consequence for the activity for which visa ineligibility was imposed2 and 7iii7 credibly committed to not engage in an activity described in that subsection in the future2 or 7,d7 the termination of the application of sanctions is in the national security interests of the ,united ,states4 7#b7 ,notification ,not later than #ae days before the date on which the application of sanctions is terminated under paragraph 7#a7 with respect to a foreign person1 the ,secretary of ,state shall submit to the ,committee on ,foreign ,affairs and the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on ,foreign ,relations and the ,committee on the ,judiciary of the ,senate a report that-- 7,a7 describes the evidence and justification for the necessity of the termination2 and 7,b7 explains how the termination of the application of sanctions is in the national security interests of the ,united ,states4 7f7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for #e years1 the ,president shall submit to the congressional committees specified in subsection 7e77#b7 a report that identifies the exact number of foreign persons with respect to which sanctions have been imposed under subsection 7b7 during the preceding year and the exact number of foreign persons with respect to which sanctions that have been terminated under subsection 7c7 during the preceding year1 including their country of origin and the dates on which such sanctions were imposed or terminated1 as the case may be4 7#b7 ,form ,the report required under paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7#c7 ,exclusion of personally identifiable information ,the ,president may not include any personally identifiable information of any ,united ,states citizen in any of the reports submitted under paragraph 7#a74 7#d7 ,privacy ,act ,any information obtained by the ,president to complete the report required under paragraph 7#a7 shall be subject to section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act74 #g4 ,clear labeling for informational materials distributed on behalf of foreign principals ,section #d7;b7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #fad7;b77 is amended by adding at the end the following new sentence3 ,informational materials which are required to be labeled under this subsection shall be labeled1 marked1 or stamped conspicuously at the top of the first page of such materials with a statement in the language or languages used therein1 setting forth such information as is required under this subsection44 #h4 ,annual country reports on human rights practices 7a7 ,report relating to economic assistance ,section #aaf of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7 is amended by adding at the end the following new subsection3 7h7 7#a7 ,the report required by subsection 7d7 shall include an assessment of freedom of expression with respect to electronic information in each foreign country4 ,such assessment shall consist of the following3 7,a7 ,an assessment of the extent to which government authorities in each country attempt to filter1 censor1 or otherwise block or remove nonviolent expression of political or religious opinion or belief via the internet1 including electronic mail1 as well as a description of the means by which such authorities attempt to block or remove such expression4 7,b7 ,an assessment of the extent to which government authorities in each country have persecuted or otherwise punished an individual or group for the nonviolent expression of political1 religious1 or ideological opinion or belief via the internet1 including electronic mail4 7,c7 ,an assessment of the extent to which government authorities in each country have sought to collect1 request1 obtain1 or disclose personally identifiable information of a person in connection with such person's nonviolent expression of political1 religious1 or ideological opinion or belief1 including expression that would be protected by the ,universal ,declaration of ,human ,rights and the ,international ,covenant on ,civil and ,political ,rights4 7,d7 ,an assessment of the extent to which wire communications and electronic communications are monitored without regard to the principles of privacy1 human rights1 democracy1 and rule of law1 to the extent these practices are known4 7#b7 ,in compiling data and making assessments for the purposes of paragraph 7#a71 ,united ,states diplomatic personnel shall consult with human rights organizations1 technology and internet companies1 and other appropriate nongovernmental organizations4 7#c7 ,in this subsection-- 7,a7 the term electronic communication has the meaning given such term in section #beaj of title #ah1 ,united ,states ,code2 7,b7 the term internet has the meaning given such term in section #bca7;e77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bca7;e77#c772 7,c7 the term personally identifiable information means data in a form that identifies a particular person2 and 7,d7 the term wire communication has the meaning given such term in section #beaj of title #ah1 ,united ,states ,code4 4 7b7 ,report relating to security assistance ,section #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7 is amended-- 7#a7 by redesignating the second subsection 7i7 7relating to child marriage status7 as subsection 7j72 and 7#b7 by adding at the end the following new subsection3 7k7 7#a7 ,the report required by subsection 7b7 shall include an assessment of freedom of expression with respect to electronic information in each foreign country4 ,such assessment shall consist of the following3 7,a7 ,an assessment of the extent to which government authorities in each country attempt to filter1 censor1 or otherwise block or remove nonviolent expression of political or religious opinion or belief via the internet1 including electronic mail1 as well as a description of the means by which such authorities attempt to block or remove such expression4 7,b7 ,an assessment of the extent to which government authorities in each country have persecuted or otherwise punished an individual or group for the nonviolent expression of political1 religious1 or ideological opinion or belief via the internet1 including electronic mail4 7,c7 ,an assessment of the extent to which government authorities in each country have sought to collect1 request1 obtain1 or disclose personally identifiable information of a person in connection with such person's nonviolent expression of political1 religious1 or ideological opinion or belief1 including expression that would be protected by the ,universal ,declaration of ,human ,rights and the ,international ,covenant on ,civil and ,political ,rights4 7,d7 ,an assessment of the extent to which wire communications and electronic communications are monitored without regard to the principles of privacy1 human rights1 democracy1 and rule of law1 to the extent these practices are known4 7#b7 ,in compiling data and making assessments for the purposes of paragraph 7#a71 ,united ,states diplomatic personnel shall consult with human rights organizations1 technology and internet companies1 and other appropriate nongovernmental organizations4 7#c7 ,in this subsection1 the terms electronic communication1 internet1 personally identifiable information1 and wire communication have the meanings given such terms in section #aaf7;h77#c74 4