[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2526 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2526
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
July 26, 2023
Mr. Schatz (for himself, Mr. Young, Mr. Brown, Mr. Cardin, Mr. Ossoff,
Mr. Van Hollen, Mr. Durbin, and Mr. Wyden) 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Press Freedom Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Freedom of the press is fundamental to an open and free
society and is foundational in the United States' democratic
system and enshrined in the First Amendment of the United
States Constitution, which states (in part) ``Congress shall
make no law . . . abridging the freedom of speech or of the
press . . .''.
(2) Historically, United States foreign policy has advanced
freedom of the press as a central tenet, at home and abroad.
(3) The United States led the drafting of the Universal
Declaration of Human Rights, adopted in Paris on December 10,
1948, which enshrines the commitment of countries around the
world to protect and promote universal human rights and values
that are indispensable for human dignity, including freedom of
expression.
(4) Article 19 of the Universal Declaration of Human Rights
states, ``Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless of
frontiers.''.
(5) A free and independent press has long been recognized
as an important aspect of the United States' national security
and actions taken by foreign governments or organizations that
weaken free press protections are a national security threat to
the United States.
(6) International press freedom is under renewed and, in
some cases, increasing assault, with rhetoric delegitimizing
and discrediting the media or journalists, online harassment,
physical attacks, gender-based violence, legal campaigns,
censorship, and surveillance, all of which threaten the ability
of journalists to do their jobs safely, freely, and without
fear of reprisal.
(7) In the past decade, the world has seen a significant
deterioration of press freedoms.
(8) According to Freedom House's ``Freedom in the World''
and ``Freedom on the Net'' reports--
(A) the number of countries and territories scoring
a zero for media freedom has ballooned from 14
countries to 33 countries since 2005;
(B) people in 53 countries faced arrest or
imprisonment for expressing themselves online,
including online journalists targeted for their
reporting;
(C) 40 countries blocked websites featuring
political, social, or religious content, including many
news outlets; and
(D) journalists, bloggers, human rights activists,
and other people experienced physical violence in
retaliation for expressing themselves online in 40
countries.
(9) According to Reporters Without Borders' 2022 World
Press Freedom Index--
(A) approximately 74 percent of the countries of
the world are classified as ``problematic situation''
or worse with respect to journalistic freedom, with a
record number of 28 countries receiving a ``very bad''
rating for press freedom situations;
(B) approximately 26 percent of the countries of
the world have ``satisfactory'' or ``good'' press
freedom environments;
(C) among the jurisdictions that have recently
suffered the largest declines in press freedom are Hong
Kong, Myanmar, Afghanistan, Russia, Ukraine
(attributable to Russia's invasion), Georgia, Greece,
Nicaragua, the Palestinian Territories, Tunisia, and
Mali; and
(D) democracies are being weakened by the asymmetry
between open societies and despotic regimes that
control their media and online platforms, while waging
propaganda wars against democracies.
(10) According to the Committee to Protect Journalists, in
2022--
(A) at least 363 journalists worldwide were in
prison, a new record high and a 20 percent increase
from the 302 journalists in prison in 2021, with Iran,
China, Myanmar, Turkey, and Belarus all ranking among
the top 5 jailers of journalists;
(B) of the journalists detained--
(i) 131 journalists were detained without
charge;
(ii) 199 journalists were imprisoned on
anti-state charges; and
(iii) 354 detainees were local journalists
covering events in their own countries;
(C) at least 67 journalists and media workers were
killed, which is the highest number of journalist
killings since 2018 and almost a 50 percent increase
from the number of journalists killed during 2021;
(D) at least 41 journalists and media workers were
killed in direct connection with their work; and
(E) there was complete impunity in nearly 80
percent of the 263 cases of journalists murdered in the
last decade, with perpetrators facing no judicial
consequences.
(11) Congress has recognized the importance of freedom of
the press by enacting--
(A) the Daniel Pearl Freedom of the Press Act of
2009 (Public Law 111-166);
(B) the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public
Law 114-328); and
(C) S. Res. 501, 115th Congress (recognizing
threats to freedom of the press and expression around
the world and reaffirming freedom of the press as a
priority in efforts of the Government of the United
States to promote democracy and good governance).
(12) The importance of freedom of the press has been
recognized by numerous United States presidential
administrations that span ideological and party lines,
including--
(A) a 1786 letter to James Currie, in which
Secretary of State Thomas Jefferson wrote ``our liberty
depends on the freedom of the press, and that cannot be
limited without being lost.'';
(B) an address to Congress on February 6, 1986, in
which President Ronald Reagan stated, ``Victories
against poverty are greatest and peace most secure
where people live by laws that ensure free press, free
speech, and freedom to worship, vote, and create
wealth'';
(C) a statement by Secretary of State Condoleezza
Rice on April 11, 2007, stating that ``there is no more
important pillar of democracy than a free and active
press'';
(D) a statement by former Secretary of State
Madeline Albright on May 31, 2018, reporting that
``Freedom of the press is a basic aspect of democracy,
invented by Americans.''; and
(E) a statement by Secretary of State Mike Pompeo
on May 3, 2019, stating, ``A free and independent media
is indispensable to a vibrant, functioning democracy.
Despite some progress, journalists around the world
continue to be persecuted, targeted with violence, or
even killed--all too often with impunity.''.
(13) Protection of a free and open press is not a partisan
issue.
(14) It is imperative that Congress further enshrine the
Department of State's role in protecting international press
freedom and those engaged in journalism abroad.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to condemn attacks on press freedom and threats to the
safety of journalists;
(2) to promote, and to assist other governments in the
promotion of, the importance of a free and open press;
(3) to support press freedom abroad in all aspects of
American foreign policy; and
(4) to work with foreign governments that affirm and
protect press freedom--
(A) to develop multilateral initiatives to combat
suppression of the free and independent press; and
(B) to promote accountability for individuals,
governments, and other actors that attack press
freedoms and threaten the safety of journalists.
SEC. 4. OFFICE OF PRESS FREEDOM; AMBASSADOR-AT-LARGE FOR PRESS FREEDOM.
(a) Establishment.--There is established, within the Department of
State, the Office of Press Freedom (referred to in this Act as the
``Office''), which--
(1) shall be situated in the Bureau of Democracy, Human
Rights, and Labor; and
(2) shall be headed by the Ambassador-at-Large for Press
Freedom (referred to in this Act as the ``Ambassador'').
(b) Appointment.--The Ambassador shall be appointed by the
President, by and with advice and consent of the Senate, and shall work
with the Assistant Secretary of State for Democracy, Human Rights, and
Labor to advise the Secretary of State regarding matters related to
press freedom.
(c) Duties.--The Ambassador shall have the following duties:
(1) General responsibilities.--Notwithstanding the active
role carried out by local United States Ambassadors in the
monitoring of press freedom violations in their host countries,
the Ambassador shall have the primary responsibility--
(A) to advance the protection and well-being of
members of the United States and foreign press abroad;
(B) to denounce attacks on press freedom and
violations of freedom of expression by foreign
governments or other actors; and
(C) to engage with foreign governments and press
freedom organizations around the world concerning press
freedom and freedom of expression.
(2) Specific tasks.--The Ambassador, with the assistance of
the Office and in consultation with the Assistant Secretary of
State for Democracy, Human Rights, and Labor, and in
fulfillment of the responsibilities described in paragraph (1),
shall--
(A) coordinate efforts between relevant United
States embassy personnel and press organizations or
threatened individuals in situations in which press
freedom is threatened abroad;
(B) publicly and privately denounce oppression of
the press abroad;
(C) represent the United States in issues
concerning press freedom in diplomatic engagement with
foreign governments, intergovernmental organizations,
the United Nations, and other international
organizations in which the United States is a member;
(D) recommend appropriate responses by the United
States Government when press freedom is infringed upon;
and
(E) provide Congress and the public with a regular
report describing the successes and enduring challenges
of the Office, based on metrics that the Office shall
develop.
(3) Advisory role.--The Ambassador--
(A) shall be a principal advisor to the President
and to the Secretary of State regarding matters
affecting press freedom abroad; and
(B) shall make recommendations regarding the
policies of the United States Government towards
governments or other organizations or individuals
that--
(i) infringe on press freedom; or
(ii) fail to ensure the protection of
members of the press.
(4) Reporting responsibilities.--The Ambassador shall--
(A) work with the staff of the Office to ensure the
success of the Office in carrying out its mission--
(i) to promote press freedom abroad; and
(ii) to protect members of the press in
foreign countries;
(B) not later than 1 year after being appointed,
ensure that there is a reasonable process for measuring
the efficacy of the Office in carrying out the missions
described in subparagraph (A);
(C) not later than 18 months after being appointed,
and annually thereafter--
(i) submit a report to Congress that
describes--
(I) the outcomes of the activities
of the Office based on the process
established pursuant to subparagraph
(B); and
(II) the efforts of the National
Foreign Affairs Training Center to
train Foreign Service Officers about
press freedom in accordance with
section 5; and
(ii) make a copy of the report submitted
pursuant to clause (i) available to the public;
and
(D) oversee the press freedom content in the
``Freedom of Expression'' section of each country
reviewed in the annual Country Report on Human Rights
Practices.
(5) Funding.--The Secretary of State shall provide the
Ambassador with sufficient funds--
(A) to hire the staff for the Office to enable the
Office to carry out the tasks and responsibilities
described in paragraphs (1), (2), and (3);
(B) to comply with the reporting requirements
described in paragraph (4); and
(C) for necessary travel to carry out this section.
SEC. 5. PRESS FREEDOM CURRICULUM.
(a) Development.--The Secretary of State shall ensure that there is
a press freedom curriculum for the National Foreign Affairs Training
Center that enables Foreign Service Officers to better understand
issues of press freedom and the tools that are available to help
protect journalists and promote freedom of the press norms, including--
(1) the historic and current issues facing press freedom,
including countries of specific concern;
(2) the Department of State's role in promoting press
freedom as an American value, a human rights issue, and a
national security imperative;
(3) ways to incorporate press freedom promotion into other
aspects of diplomacy; and
(4) existing tools to assist journalists in distress and
methods for engaging foreign governments and institutions on
behalf of individuals engaged in journalistic activity who are
at risk of harm.
(b) Required Study.--Any Foreign Service Officer who is assigned to
function as a Public Diplomacy Officer, a Political Officer, or a
Consular Officer at an overseas mission shall--
(1) complete the study of the curriculum described in
subsection (a) not later than 90 days after the first day of
such assignment; and
(2) benefit from knowledge sharing by civil society actors
who are at the forefront of the defense and promotion of the
freedom of expression.
SEC. 6. GAO STUDY ON THE DANIEL PEARL FREEDOM OF THE PRESS ACT OF 2009.
(a) Study.--The Comptroller General of the United States shall
evaluate the implementation of the Daniel Pearl Freedom of the Press
Act of 2009 (Public Law 111-166) by reviewing the Department of State's
Country Reports on Human Rights Practices, prepared in select years and
for select countries, to examine--
(1) the process used by the Department for preparing
information regarding the freedom of the press for such reports
and the extent to which such process changed after the date of
the enactment of such Act;
(2) the extent to which the Department of State followed
the process referred to in paragraph (1) in preparing
information regarding press freedom that was included in its
most recently published Country Reports on Human Rights
Practices;
(3) any challenges encountered by the Department of State
in collecting, corroborating, and reporting the information
described in sections 116(d)(12) and 502B(i) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(d)(12) and 2304(i)), as
added by the Daniel Pearl Freedom of the Press Act of 2009; and
(4) the extent to which the Department of State measures
the impact of its reports on freedom of the press on foreign
governments' behaviors or practices.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
a report to Congress and to the Secretary of State that--
(1) summarizes the results of the evaluation required under
subsection (a); and
(2) provides recommendations for any legislative or
regulatory action that would improve the efforts of the
Department of State to report on issues of press freedom
abroad.
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