,,ii #aafth ,,congress #b;d ,session ,s4 #diib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjbj,ms4 ,klobuchar 7for herself and ,mr4 ,leahy7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to protect journalists and other members of the press from gross violations of internationally recognized human rights1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,jamal ,khashoggi ,press ,freedom ,accountability ,act of #bjbj4 #b4 ,findings ,congress finds the following3 7#a7 ,a free and independent press is necessary for citizens to make informed choices on issues of public concern1 to have the information necessary to recognize truth from falsehood1 and to hold the powerful and government officials to account4 7#b7 ,as reflected in the ,first ,amendment to the ,united ,states ,constitution1 a free press is essential to safeguard democracy4 7#c7 ,the suppression of the press is historically associated with authoritarian rule4 7#d7 ,as provided in ,article #ai of the ,united ,nations ,universal ,declaration of ,human ,rights and the ,international ,covenant on ,civil and ,political ,rights1 all people enjoy the right to freedom of opinion and expression1 which includes the right to seek1 receive1 and impart information4 7#e7 ,an informed public is fundamental to a free society4 7#f7 ,in accordance with a long ,united ,states history of championing freedom of the press around the globe1 the ,daniel ,pearl ,freedom of the ,press ,act of #bjji 7,public ,law #aaa-aff2 #abd ,stat4 #aahf7 was enacted into law4 7#g7 ,since the passage of the ,daniel ,pearl ,freedom of the ,press ,act of #bjji1 the global environment for a free and independent press has become more repressive4 7#h7 ,according to #bjai data from the ,committee to ,protect ,journalists1 for the fourth consecutive year1 at least #bdh journalists were imprisoned globally in #bjai1 and in #if percent of the #ccg cases in which journalists were murdered for their work worldwide in the preceding decade1 either no perpetrator was successfully prosecuted or only some of the suspected perpetrators were convicted4 7#i7 ,according to #bjai data from ,freedom ,house1 in #g of the preceding #aj years1 more countries saw declines in press freedom scores than improvements4 ,in the preceding #e years1 nearly #ej percent more countries saw a net decline in press freedom4 7#aj7 ,according to #bjai data from ,reporters ,without ,borders1 #fc percent of the journalists killed in #bjai were deliberately targeted and #ei percent were killed outside war zones4 7#aa7 ,in #bjah1 the brutal murder of ,jamal ,khashoggi at the hands of ,saudi intelligence officers acting on explicit orders of the ,government of ,saudi ,arabia underscored the extent to which those in power will go to stifle the freedom of expression1 silence their critics1 and eliminate the threat they believe independent journalists pose to their rule4 #c4 ,expanding scope of human rights reports with respect to violations of internationally recognized human rights against journalists ,the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 is amended-- 7#a7 in section #aaf7;d77#ab7 7#bb ,u4,s4,c4 #baean7d77#ab77-- 7,a7 in subparagraph 7,b71 by striking direct physical attacks and all that follows through pressure1 and inserting the following3 gross violations of internationally recognized human rights 7as defined in section #ejb;,b71 direct physical attacks1 online harassment1 imprisonment1 indirect sources of pressure1 surveillance12 and 7,b7 in subparagraph 7,c77ii71 by striking ensure the prosecution and all that follows through the end period and inserting ensure the investigation1 prosecution1 and proper punishment of government officials or private individuals who engage in or facilitate murder1 unlawful imprisonment1 bodily harm1 digital or physical attacks1 including hacking1 censorship1 surveillance1 or harassment against journalists and others who perform1 or provide administrative support to1 the dissemination of print1 broadcast1 internet-based1 or social media intended to communicate facts or opinion42 and 7#b7 in section #ejb;,b 7#bb ,u4,s4,c4 #bcjd7-- 7,a7 in the first subsection 7i71 in paragraph 7#b71 by striking direct physical attacks and all that follows through pressure1 and inserting the following3 gross violations of internationally recognized human rights1 direct physical attacks1 online harassment1 imprisonment1 indirect sources of pressure1 surveillance12 and 7,b7 by redesignating the second subsection 7i7 as subsection 7j74 #d4 ,imposition of sanctions with respect to persons responsible for the commission of gross violations of internationally recognized human rights against journalists 7a7 ,identification 7#a7 ,in general ,the ,president shall identify foreign persons that the ,president determines1 based on credible information1 have perpetrated1 ordered1 or otherwise directly or indirectly participated in the extrajudicial killing of or other gross violation of internationally recognized human rights committed against a journalist or other person who performs1 or provides administrative support to1 the dissemination of print1 broadcast1 internet-based1 or social media intended to report newsworthy activities or information or communicate facts or fact-based opinions4 7#b7 ,publication of list ,the ,secretary of ,state shall-- 7,a7 publish on a publicly available website of the ,department of ,state a list of each foreign person identified under paragraph 7#a72 and 7,b7 update that list not less frequently than annually4 7b7 ,imposition of sanctions ,the ,president shall impose the sanctions described in subsection 7c7 with respect to each foreign person included in the list published under subsection 7a77#b7 on and after the date on which the person is first included in that list4 7c7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,asset blocking ,the ,president shall exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person included in the list published under subsection 7a77#b7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,ineligibility for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,an alien described in subsection 7a77#a7 is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 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 ,current visas revoked 7i7 ,in general ,an alien described in subsection 7a77#a7 is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien's possession4 7d7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section to the same extent that such penalties apply to a person that commits an unlawful act described in subsection 7a7 of such section #bjf4 7e7 ,waiver and termination of sanctions 7#a7 ,in general ,the ,president may waive the requirement to include a foreign person on the list published under subsection 7a77#b7 and to impose sanctions with respect to that person1 or may remove a foreign person from the list and terminate any sanctions imposed with respect to that person1 if the ,president submits to the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate a certification that-- 7,a7 the waiver or removal is in the national interest of the ,united ,states2 or 7,b7 appropriate foreign government officials have-- 7i7 credibly and thoroughly investigated the foreign person and1 as appropriate1 brought the person to justice for perpetrating1 ordering1 or otherwise directly or indirectly participating in acts described in subsection 7a77#a72 7ii7 publicly condemned such acts and violations of freedom of the press2 and 7iii7 complied with any requests from the ,united ,states ,government for information with respect to such acts4 7#b7 ,form of certification ,each certification submitted under paragraph 7#a7-- 7,a7 shall be submitted in unclassified form and include an unclassified description of the factual basis supporting the certification2 and 7,b7 may include a classified annex4 7f7 ,exceptions 7#a7 ,exception for intelligence activities ,the sanctions described in subsection 7c7 shall not apply to any activity subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any authorized intelligence activities of the ,united ,states4 7#b7 ,exception to comply with international obligations ,the sanctions described in subsection 7c77#b7 shall not apply with respect to an alien if admitting or paroling the alien into the ,united ,states 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 other applicable international obligations4 7#c7 ,exception relating to the importation of goods 7,a7 ,in general ,the authorities and requirements to impose sanctions under this section shall not include any authority or requirement to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this subsection1 the term good means any article1 natural or manmade substance1 material1 supply1 or manufactured product1 including inspection and test equipment and excluding technical data4 7g7 ,definitions ,in this section3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,foreign person ,the term foreign person means an individual who is not a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states4 7#c7 ,gross violation of internationally recognized human rights ,the term gross violation of internationally recognized human rights has the meaning given that term in section #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd74 7#d7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such entity2 or 7,c7 any person in the ,united ,states4 #e4 ,prohibition on foreign assistance 7a7 ,prohibition ,assistance authorized under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 or the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 may not be made available to any governmental entity of a country if the ,secretary of ,state or the ,director of ,national ,intelligence has credible information that one or more senior officials acting under the authority of such entity has committed1 ordered1 or otherwise directly or indirectly participated in a gross violation of internationally recognized human rights against a journalist or other person who performs1 or provides administrative support to1 the dissemination of print1 broadcast1 internet-based1 or social media intended to report newsworthy activities or information1 or communicate facts or fact-based opinions4 ,to the maximum extent practicable1 a list of such governmental entities shall be published on publicly available websites of the ,department of ,state and of the ,office of the ,director of ,national ,intelligence and shall be updated on a regular basis4 7b7 ,prompt information ,the ,secretary of ,state shall promptly inform appropriate officials of the government of a country from which assistance is withheld in accordance with the prohibition under subsection 7a74 7c7 ,exception ,the prohibition under subsection 7a7 shall not apply with respect to the following3 7#a7 ,humanitarian assistance or disaster relief authorized under the ,foreign ,assistance ,act of #aifa4 7#b7 ,assistance the ,secretary determines would assist the government of a country to bring the responsible members of the relevant governmental entity to justice for the acts described in subsection 7a74 7d7 ,waiver 7#a7 ,in general ,the ,president may waive the prohibition under subsection 7a7 with respect to a governmental entity of a country if-- 7,a7 the ,president1 acting through the ,secretary of ,state and the ,director of ,national ,intelligence1 determines that such a waiver is in the national interest of the ,united ,states2 or 7,b7 the ,secretary of ,state has received credible information that the government of that country has-- 7i7 performed a credible and thorough investigation of the acts described in subsection 7a7 and is taking effective steps to bring responsible members of the relevant governmental entity to justice2 7ii7 condemned violations of freedom of the press and the acts described in subsection 7a72 and 7iii7 complied with ,united ,states ,government requests for information with respect to the acts described in subsection 7a74 7#b7 ,certification ,a waiver described in paragraph 7#a7 may only take effect if-- 7,a7 the ,president certifies1 not later than #cj days before the effective date of the waiver1 to the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate that such waiver is warranted and includes an unclassified description of the factual basis supporting the certification1 which may contain a classified annex2 and 7,b7 the ,director of ,national ,intelligence1 not later than #cj days before the effective date of the waiver1 submits to the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,select ,committee on ,intelligence of the ,senate a report detailing any underlying information that the intelligence community 7as such term is defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 has regarding the perpetrators of the acts described in subsection 7a71 which shall be submitted in unclassified form but may contain a classified annex4