International Press Freedom Act of 2022
This bill establishes programs to address international threats to press freedom and allows qualifying threatened journalists to be admitted into the United States.
The bill establishes an Office on International Press Freedom within the Department of State. The office's duties shall include (1) advocating for freedom of the press and freedom of expression abroad, (2) advising on U.S. policy on advancing such freedoms abroad, and (3) representing the United States in matters relating to such freedoms.
The bill also establishes the At-Risk Journalists Fund. The State Department shall use the fund to support journalists operating in restrictive environments and provide emergency assistance to journalists who have been threatened.
If the assistance provided through the fund is insufficient to protect the safety of an alien journalist who has been threatened, the journalist may receive a foreign media nonimmigrant visa upon meeting certain qualifications. The State Department must prioritize the review of a visa application for such a threatened journalist.
Similarly, the Department of Homeland Security must consider providing humanitarian parole to threatened journalists and provide an admission preference to certain threatened journalists (generally if the journalist's life or safety is at risk and if paroling the journalist would further U.S. foreign policy or national security interests).
The Department of Justice must provide training to all officials adjudicating refugee cases about issues involving freedom of the press. The State Department must also provide training on such issues to certain Foreign Service officers working overseas.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7650 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7650
To promote international press freedom, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2022
Mr. Keating (for himself and Mr. Cicilline) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To promote international press freedom, 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 ``International Press Freedom Act of
2022''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Even as the number of journalists killed in war zones
has reached a historic low, the number of journalists killed or
targeted in countries at peace continues to remain at
historically high levels. In 2020, more than \2/3\ of all media
fatalities took place in countries at peace.
(2) Even as the COVID-19 pandemic reduced the number of
journalists reporting from the field, Reporters Without Borders
(RSF) reported that 50 journalists were killed in 2020.
Additionally, as of December 2020, 387 journalists remained
imprisoned worldwide, continuing the historically high trend
seen in previous years, and 57 journalists were held hostage.
(3) As the frontier between countries at war and countries
at peace continues to disappear, more must be done to protect
journalists and activists defending human rights and spreading
awareness of abuse and corruption.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a free and vibrant press is the fulcrum of democracy;
(2) the protection and advancement of the freedom of
expression is a foundational value of the United States;
(3) the Universal Declaration of Human Rights, which the
General Assembly of the United Nations adopted in 1948 with the
United States voting in favor, defines freedom of expression,
which includes a free press, as a fundamental human right;
(4) the International Covenant on Civil and Political
Rights, which the United States ratified in 1992, specifies
that everyone shall have the ``freedom to seek, receive and
impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form
of art, or through any other media of his choice''; and
(5) it is in the national security interest of the United
States to promote the spread of democratic values and
institutions worldwide.
SEC. 3. OFFICE ON INTERNATIONAL PRESS FREEDOM; COORDINATOR FOR
INTERNATIONAL PRESS FREEDOM.
(a) Establishment of Office.--There is established within the
Department of State an Office on International Press Freedom (referred
to in this section as the ``Office'').
(b) Coordinator for International Press Freedom.--
(1) In general.--The Office shall be headed by the
Coordinator for International Press Freedom appointed under
paragraph (2).
(2) Appointment.--The Coordinator shall be appointed by the
Secretary of State.
(3) Reporting.--The Coordinator shall report to the
Assistant Secretary of State for Democracy, Human Rights, and
Labor.
(c) Duties.--The Coordinator for International Press Freedom shall
have the following responsibilities:
(1) In general.--The primary responsibility of the
Coordinator shall be--
(A) to advance the right to freedom of the press
and freedom of expression abroad;
(B) to denounce violations of that right;
(C) to recommend appropriate responses by the
United States Government when that right is violated;
(D) to recommend--
(i) the issuance of nonimmigrant visas to
individuals classified as threatened
journalists under subsection (s) of section 214
of the Immigration and Nationality Act (8
U.S.C. 1184), as added by section 6(a); and
(ii) the provision of humanitarian parole
to certain journalists under section 6(b); and
(E) to make individualized determinations with
respect to the continued risk to the lives and safety
of such individuals and journalists, as described in
section 6(c).
(2) Advisory role.--The Coordinator shall--
(A) be the principal adviser to the Assistant
Secretary of State for Democracy, Human Rights, and
Labor regarding matters affecting press freedom abroad;
and
(B) make recommendations regarding--
(i) the policies of the United States
Government toward foreign governments that
violate freedom of the press or fail to ensure
the safety and freedom of persons engaged in
free expression or journalism; and
(ii) policies to advance the right to free
expression and freedom of the press abroad.
(3) Diplomatic representation.--Subject to the direction of
the Secretary of State and the Assistant Secretary of State for
Democracy, Human Rights, and Labor, the Coordinator is
authorized to represent the United States in matters and cases
relevant to press freedom abroad in--
(A) contacts with foreign governments,
intergovernmental organizations, and specialized
agencies of the United Nations, the Organization for
Security and Co-operation in Europe, and other
international organizations of which the United States
is a member; and
(B) multilateral conferences and meetings relevant
to press freedom abroad.
(4) Other duties.--The Coordinator shall have such other
responsibilities in carrying out this Act as the Secretary of
State and the Assistant Secretary of State for Democracy, Human
Rights, and Labor determine.
(d) Funding.--The Secretary of State shall provide the Coordinator
for International Press Freedom with such funds as may be necessary for
the hiring of staff for--
(1) the Office;
(2) the conduct of investigations by the Office; and
(3) necessary travel.
SEC. 4. AT-RISK JOURNALISTS FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``At-Risk Journalists Fund''
(in this section referred to as the ``Fund''), to be administered by
the Secretary of State.
(b) Purposes of the Fund.--The Secretary of State shall use the
amounts in the Fund for the following purposes:
(1) To support journalists operating in restrictive
environments by providing--
(A) training in digital identity protection and
physical security; and
(B) psycho-social care.
(2) To provide short-term emergency assistance to support
and protect journalists who have been threatened, harassed, or
attacked and need to relocate, which may be provided through
existing mechanisms such as the Human Rights Defenders Fund of
the Department of State.
(3) To provide medium-term emergency assistance resources
for journalists in danger, including continuing support to
journalists described in paragraph (2) whose relocations must
be extended due to ongoing security concerns.
(c) Use of Funds.--Amounts authorized to be appropriated under
subsection (e) shall be obligated and expended consistent with the
action plan required by section 7032(i)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141).
(d) Annual Report to Congress.--
(1) In general.--Not later than March 1 of each year, the
Secretary of State shall submit to the appropriate committees
of Congress a report on the Fund.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) The total amount expended from the Fund during
the previous calendar year for each of the purposes
specified in subsection (b).
(B) A description of the specific programs
implemented using amounts from the Fund during such
year.
(C) Data regarding the number and nationality of
journalists assisted using such amounts during such
year.
(D) Such accounts of individuals assisted by the
Fund during such year that the Secretary of State
considers relevant to share.
(3) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate commitees of Congress''
means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Human Rights
Caucus of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Tom Lantos Human Rights
Commission of the House of Representatives.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Fund $30,000,000 to carry out this section for each of the
5 fiscal years beginning with the first fiscal year that begins
after the date of the enactment of this Act.
(2) Availability of amounts.--Amounts authorized to be
appropriated under paragraph (1) shall remain available until
expended.
(f) Sense of Congress.--It is the sense of Congress that--
(1) amounts authorized to be appropriated under subsection
(e) should be appropriated in addition to amounts regularly
appropriated for other programs to promote human rights and
civil society; and
(2) support for civil society activists and other human
rights defenders provided by the Federal Government as of the
date of the enactment of this Act should not be decreased.
SEC. 5. ASSISTANCE TO COMBAT IMPUNITY.
(a) List of Countries.--Not later than 180 days after the date of
the enactment of this Act, and not later than March 1 of each year
thereafter, the Secretary of State, in consultation with the Attorney
General of the United States and nongovernmental organizations with
expertise in threats to journalists worldwide, shall create a list of
not less than 10 countries in which journalists face the greatest risk
of murder, assault, harassment, intimidation, or other crimes.
(b) Bureau of International Narcotics and Law Enforcement
Programs.--
(1) In general.--Of amounts appropriated each fiscal year
for ``International Narcotics Control and Law Enforcement'' for
bilateral assistance for each country identified in the list
required by subsection (a), the Assistant Secretary of State
for International Narcotics and Law Enforcement Affairs shall
use not less than 10 percent for programs to assist police,
prosecutors, judges, and other individuals--
(A) to support the investigation and prosecution of
individuals who commit crimes against journalists; and
(B) to prevent such crimes.
(2) Consultation.--The Assistant Secretary of State for
International Narcotics and Law Enforcement Affairs shall
develop the programs described in paragraph (1) in consultation
with the Bureau of Democracy, Human Rights, and Labor of the
Department of State, the Department of Justice, and other local
or international organizations with expertise in threats to
journalists in the relevant country.
(c) Annual Report to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not later than March 1 of each
year thereafter, the Assistant Secretary of State for
International Narcotics and Law Enforcement Affairs, in
consultation with the Assistant Secretary of State for
Democracy, Human Rights, and Labor, shall submit to Congress a
report outlining the efforts and level of success of such
Assistant Secretaries in combating impunity for attacks against
journalists, with special emphasis on the countries identified
in the list required by subsection (a).
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) The number of journalists in foreign countries
who were killed, attacked, harassed, or intimidated
during the previous calendar year.
(B) The number of cases of crimes against
journalists in foreign countries that were prosecuted,
the number of convictions in those cases, and the
sentences for individuals convicted, during such year.
(C) A description of any relevant prevention
efforts or training conducted by the Bureau of
International Narcotics and Law Enforcement Affairs of
the Department of State for host nation officials,
journalists, or other individuals during such year.
SEC. 6. NONIMMIGRANT VISAS AND HUMANITARIAN PAROLE FOR THREATENED
JOURNALISTS.
(a) Nonimmigrant Visas.--
(1) Expansion of foreign media nonimmigrant visa
category.--Section 101(a)(15)(I) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(I)) is amended--
(A) by inserting ``(i)'' before ``upon a basis'';
(B) by striking ``him;'' and inserting ``the alien;
or''; and
(C) by adding at the end the following:
``(ii) an alien who is classified as a threatened
journalist under section 214(s), and the spouse and
children of such an alien if accompanying or following
to join the alien;''.
(2) Threatened journalist defined.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following:
``(s)(1) An alien shall be classified as a threatened journalist
under this subsection if the Secretary of State, the Coordinator for
International Press Freedom, or an appropriate Chief of Mission (after
consultation with the Secretary or the Coordinator) determines that--
``(A) the alien is a journalist who practices (on a regular
or professional basis) the collection and dissemination of
information to the public through any means of mass
communication;
``(B) the alien--
``(i) has been threatened, harassed, or attacked on
account of, or in the exercise of, journalistic
activity; or
``(ii) has a well-founded fear of future
persecution on account of the alien's journalistic
activity;
``(C) the alien has conducted reporting consistent with the
values and standards of professional journalism, including--
``(i) the collection and dissemination of
information, freely and in accordance with the
principles of attachment to the truth, plurality of
points of view, and rationality with respect to the
methods of establishment of fact and fact verification;
``(ii) the demonstration of a commitment to free
pursuit of the truth, factual accuracy, and no
intention to harm;
``(iii) refraining from dissemination of misleading
or incorrect information, and refraining from
concealing information that should be known to the
public;
``(iv) the regular or professional collection of
information and ideas and dissemination to the public
through any means of mass communication;
``(v) the use of professional methods of
establishing and verifying the facts, and endeavoring
to be factually accurate;
``(vi) behavior and actions that are in accordance
with the principles of freedom of expression;
``(vii) respect for ethical principles of the
profession of journalism, in particular the duties
attached to such principles;
``(viii) the treatment of information in a manner
that serves the general interests and the fundamental
rights of the public, and does not regard information
as a commercial product;
``(ix) engagement in activities that fall within
the framework of editorial independence;
``(x) the impartial presentation of facts,
disregarding as much as possible his or her own
interests and prejudices, and rejection of all forms of
connivance or conflict of interest;
``(xi) respect for the plurality of sources and
points of view;
``(xii) a refusal to engage in manipulation of
information; and
``(xiii) the observation and reporting of events
without actively participating in them; and
``(D) temporary measures implemented by the Secretary of
State using amounts authorized to be appropriated under section
4(e) of the International Press Freedom Act of 2022 are
insufficient to protect the life or safety of the alien or the
spouse or child of the alien.
``(2) In processing nonimmigrant visa applications for aliens
described in paragraph (1) and the spouse and children of such aliens
who are accompanying or following to join them, the Secretary of State
shall--
``(A) offer interview appointments to such aliens not later
than 3 business days after receiving an application from such
aliens; and
``(B) prioritize the review and processing of such
applications ahead of any nonemergency nonimmigrant visa
applications.
``(3) In the case of an alien spouse admitted under section
101(a)(15)(I)(ii), who is accompanying or following to join a principal
alien admitted under such section, the Secretary of Homeland Security
shall authorize the alien spouse to engage in employment in the United
States and provide the spouse with an `employment authorized'
endorsement or other appropriate work permit.''.
(3) Change of status.--Section 248(b) of the Immigration
and Nationality Act (8 U.S.C. 1258(b)) is amended by striking
``(T) or (U)'' and inserting ``(I)(ii), (T), or (U)''.
(4) Rulemaking.--The Secretary of Homeland Security shall
amend part 214 of title 8, Code of Federal Regulations, as
appropriate, to ensure that each alien described in section
101(a)(15)(I)(ii) of the Immigration and Nationality Act, as
added by paragraph (1)--
(A) is permitted to remain in the United States--
(i) while classified as a threatened
journalist pursuant to section 214(s) of such
Act, as added by paragraph (2); or
(ii) with respect to the spouse and
children of a threatened journalist, while such
classification remains in effect for the spouse
or parent;
(B) receives an Employment Authorization Document;
(C) is not denied a nonimmigrant visa under such
section 101(a)(15)(I)(ii) or the extension of such visa
based on the approval of a permanent labor
certification, the filing of a preference petition on
behalf of the alien, or the pursuit of refugee or
asylee status; and
(D) is provided with notification of each
determination under subsection (c).
(5) Applicability of regulation.--The final rule of the
Department of Homeland Security entitled ``Period of Admission
and Extensions of Stay for Representatives of Foreign
Information Media Seeking to Enter the United States'' (85 Fed.
Reg. 91 (May 11, 2020)) shall not apply to a nonimmigrant
described in section 101(a)(15)(I)(ii).
(b) Humanitarian Parole.--
(1) In general.--The Secretary of Homeland Security shall
consider, on a case-by-case basis for urgent humanitarian
reasons, and in accordance with section 212(d)(5)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(B)), the
provision of humanitarian parole to aliens described in section
214(s) of such Act, as added by subsection (a)(2), who meet the
criteria described in paragraph (2).
(2) Criteria.--
(A) Life or safety at risk.--The Secretary of
State, the Coordinator for International Press Freedom,
or an appropriate Chief of Mission (after consultation
with the Secretary or the Coordinator) affirms that the
life or safety of the alien is at risk if the alien
remains in his or her country of origin or country of
last habitual residence.
(B) Written recommendation.--The Secretary of State
or the Chief of Mission (after consultation with the
Secretary) has submitted to the Secretary of Homeland
Security and the Attorney General a favorable written
recommendation that humanitarian parole for the alien
furthers the foreign policy interests or national
security interests of the United States.
(3) Preference for admission as nonimmigrant.--
(A) In general.--With respect to an alien who meets
the criteria described in paragraph (2), subject to
subparagraph (B), the Secretary of Homeland Security
shall exercise a preference for admission as a
nonimmigrant described in clause (ii) of section
101(a)(15)(I) of such Act (8 U.S.C. 1101(a)(15)(I)), as
added by subsection (a)(1).
(B) Imminent danger.--In the case of imminent
danger to such an alien--
(i)(I) the Secretary of State may submit to
the Secretary of Homeland Security a request to
parole the alien into the United States under
this subsection; and
(II) the Secretary of Homeland Security may
parole the alien into the United States; or
(ii) the Secretary of State may coordinate
directly with the Commissioner of U.S. Customs
and Border Protection for the parole of the
alien into the United States under this
subsection.
(c) Individualized Determination With Respect to Continued Risk to
Life or Safety.--
(1) In general.--With respect to each alien admitted to the
United States as a threatened journalist described in clause
(ii) of section 101(a)(15)(I) of the Immigration and
Nationality Act, as added by subsection (a)(1), or paroled into
the United States under subsection (b), not less frequently
than once every 5 years after such admission or parole, the
Coordinator for International Press Freedom shall make a
determination as to whether the alien's life or safety would be
at risk if the alien were to return to his or her country of
origin or country of last habitual residence.
(2) Notification.--Not later than 30 days after the date on
which the Coordinator makes a determination under paragraph
(1), the Coordinator shall notify the alien of such
determination.
(3) Effect of determination.--If the Coordinator determines
that an alien's life or safety would not be at risk if the
alien were to return to his or her country of origin or country
of last habitual residence, not later than 120 days after the
date of such determination--
(A) the alien's status as a nonimmigrant described
in paragraph (15)(I)(ii) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 101(a)) shall
terminate; and
(B) the alien shall be required--
(i) to depart the United States; or
(ii) to change or adjust his or her status
under the immigration laws (as defined in such
section) to a status for which the alien is
eligible.
SEC. 7. TRAINING FOR REFUGEE OFFICERS.
Section 207(f)(2) of the Immigration and Nationality Act (8 U.S.C.
1157(f)(2)) is amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``include country-specific conditions,
instruction'' and inserting ``include--
``(A) country-specific conditions;
``(B) instruction''; and
(3) by adding at the end the following:
``(C) instruction on the internationally recognized
right to freedom of the press, instruction on methods
of persecution of, or attacks on, journalists in
foreign countries, and applicable distinctions between
traditional and nontraditional journalists.''.
SEC. 8. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following:
``(e) Freedom of Expression.--The Secretary of State, with the
assistance of other relevant officials, such as the Coordinator for
International Press Freedom appointed under section 3(b)(2) of the
International Press Freedom Act of 2022, and distinguished
nongovernmental organizations that advocate for press freedoms, shall
provide to each Foreign Service officer who will work overseas in the
areas of political affairs, public diplomacy, or consular affairs, or
as a Deputy Chief of Mission or Chief of Mission, pre-departure
instruction that includes information about the following:
``(1) The scope and value of freedom of expression.
``(2) How violations of the freedom the press harm the
interests of the United States.
``(3) The relevance of international freedom of the press
to the advancement of the defense, diplomacy, development, and
public affairs efforts and interests of the United States.
``(4) With respect to the country in which the Foreign
Service officer will be posted, the nature, severity, and
origins of threats facing journalists in their reporting and
United States Government and nongovernmental mechanisms
available to mitigate those threats.
``(5) The role of nontraditional media platforms and
nontraditional journalists in the press in the country in which
the Foreign Service officer will be posted.''.
SEC. 9. REPORTS.
(a) Department of Homeland Security Annual Report to Congress.--Not
later than March 1 of each year, the Secretary of Homeland Security
shall submit a report to the appropriate committees of Congress that
identifies, with respect to the preceding fiscal year--
(1) the number of threatened journalist aliens who were
issued a nonimmigrant visa under clause (ii) of section
101(a)(15)(I) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(I)), as added by section 6(a), disaggregated by
country of nationality;
(2) the number of family members of aliens described in
paragraph (1) who were issued a nonimmigrant visa under such
clause (ii), disaggregated by country of nationality;
(3) the number of alien journalists who were granted
humanitarian parole pursuant to section 6(b) due to their work
as journalists, disaggregated by country of nationality;
(4) the number of family members of aliens described in
paragraph (3) who were granted humanitarian parole pursuant to
section 6(b), disaggregated by country of nationality; and
(5) such other information as the Secretary considers
relevant.
(b) Government Accountability Office Report to Congress.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, and every 3 years thereafter on
March 1, the Comptroller General of the United States shall
submit to the appropriate committees of Congress a report
analyzing the barriers that prevent foreign journalists from
obtaining visas for admission into the United States.
(2) Elements.--The report required by paragraph (1) shall
assess the following:
(A) The success of programs relating to in-country
support for foreign journalists, temporary resettlement
of such journalists in third countries, admission of
such journalists under clause (ii) of section
101(a)(15)(I) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(I)), as added by section 6(a), and
humanitarian parole for such journalists under section
6(b).
(B) The processing speeds and delays in the program
providing nonimmigrant visas to journalists under
clause (ii) of section 101(a)(15)(I) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(I)), as added
by section 6(a).
(3) Consultation.--In preparing the report required by
paragraph (1), the Comptroller General shall consult with--
(A) the Attorney General;
(B) the Secretary of Homeland Security;
(C) the Secretary of State; and
(D) nongovernmental organizations that advocate for
the safety of journalists, as determined by the
Comptroller General.
(4) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Human
Rights Caucus of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Homeland Security, the Committee on the Judiciary,
and the Tom Lantos Human Rights Commission of the House
of Representatives.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration and Citizenship.
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