[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 204 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 204
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
February 3, 2021
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 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 a fundamental civil, political,
and human right that 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) Freedom of the press is essential to a free, open, and
democratic system.
(3) Historically, United States foreign policy has advanced
freedom of the press as a central tenet, at home and abroad.
(4) 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 and of the press.
(5) 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.''.
(6) In 1823, Thomas Jefferson wrote, ``the only security of
all is in a free press''.
(7) 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.
(8) The right to freedom of the press is under renewed and,
in some cases, increasing assault around the world, with
rhetoric delegitimizing and discrediting the media or
journalists, online harassment, physical attacks, legal
campaigns, censorship, and surveillance, all of which threaten
the ability of journalists to do their jobs safely and freely.
(9) In the past decade, the world has seen a significant
deterioration of press freedoms.
(10) According to Freedom House's ``Freedom in the Media
2019'' study--
(A) 19 percent of the countries it designates as
``Free'' with respect to press and journalistic freedom
have seen reductions in their press freedom score
during the past 5 years; and
(B) 28 percent of the countries it designates as
``Not Free'' have experienced further declines in press
freedom during the past 5 years.
(11) According to Reporters Without Border's 2020 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;
(B) approximately 26 percent of the countries of
the world have ``satisfactory'' or ``good'' press
freedom environments;
(C) among the countries that have recently suffered
the largest declines in press freedom are Poland,
Turkey, Burundi, Hungary, Bolivia, and Serbia;
(D) around the world, 2019 marked the fourth
consecutive year in which 300 or more journalists were
jailed;
(E) the COVID-19 pandemic has precipitated state
censorship, harassment, and violence in both
authoritarian and democratic states; and
(F) authorities have detained journalists for
reporting on the pandemic in many nations, including
China, Zimbabwe, Bangladesh, Mali, Belarus, Azerbaijan,
Iran, the Philippines, Tajikistan, Poland, the
Democratic Republic of Congo, and Serbia.
(12) According to the Committee to Protect Journalists, in
2020--
(A) at least 250 journalists worldwide were in
prison for the fifth consecutive year, with China,
Turkey, Egypt, and Saudi Arabia responsible for nearly
\1/2\ of the jailed journalists;
(B) of the journalists detained--
(i) 19 percent were detained without
charge;
(ii) 67 percent were imprisoned on anti-
state charges; and
(iii) nearly all were local journalists
covering events in their own country;
(C) at least 32 journalists were killed in the line
of duty, 22 of whom were targeted for murder, which
represents a sharp increase from 2019; and
(D) there was complete impunity in an estimated 86
percent of the cases of murdered journalists in the
last decade.
(13) 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).
(14) 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.''.
(15) Protection of a free and open press is not a partisan
issue.
(16) It is imperative that Congress further enshrine the
Department of State's role in protecting this basic human right
abroad.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to condemn violations of, and attacks on, press
freedoms;
(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 hold accountable those governments that
violate and attack press freedoms.
SEC. 4. OFFICE OF PRESS FREEDOM; AMBASSADOR-AT-LARGE FOR PRESS FREEDOM.
(a) Establishment.--There is established, within the United States
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.--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 violations of press freedom or
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 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 freedom
of the press 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 freedoms are 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
polices of the United States Government towards
governments or other organizations or individuals
that--
(i) violate press freedoms; 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) review and approve the language 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 Ambassador and the Office shall develop 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 complete the study of the
curriculum described in subsection (a) not later than 90 days after the
first day of such assignment.
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--
(1) assessing the effects of including the information
described in section 116(d)(12) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151n(d)(12)) in the annual Country Reports
on Human Rights Practices; and
(2) determining how reporting on instances of governmental
suppression of free press abroad and inaction in addressing
press freedom violations has changed since the enactment of the
Daniel Pearl Freedom of the Press Act of 2009.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit a report to Congress
and to the Secretary of State that--
(1) summarizes the results of the study 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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