Justice For Journalists Act
This bill requires the Federal Bureau of Investigation to conduct a criminal investigation of each nonnatural death of a U.S. journalist in a foreign country.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9691 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9691
To require an investigation into all non-natural deaths of journalists
in a foreign nation, who are United States citizens or working on
behalf of a United States-based news media entity, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 23, 2022
Mr. Carson (for himself, Mr. McGovern, Ms. Norton, and Mr. Thompson of
Mississippi) 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 require an investigation into all non-natural deaths of journalists
in a foreign nation, who are United States citizens or working on
behalf of a United States-based news media entity, 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 ``Justice For Journalists Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Without free speech and a free press, the United States
would not be the country it is. Along with diplomacy and
military strength, a free press, or the Fourth Estate, is
another avenue to challenge the status quo and be a voice for
the protection of the rule of law, civil society, and human
rights.
(2) While journalists hold the most public facing position,
a free press is comprised of a breadth of ``media workers''.
Today, the fields associated with providing information about
current events or events of current interest to the public,
include photographers, videographers, publishers, editors, and
documentarians.
(3) According to the Committee to Protect Journalists, 60
journalists have been killed while reporting on wars and
humanitarian crisis around the world in 2022. Of the 60
journalists killed, 17 were murdered and the perpetrator had
complete impunity from the law. This number may rise as more
cases are solved.
(4) The Geneva Convention protects journalists and media
workers in a variety of ways, under--
(A) the Fourth Geneva Convention, if they are not
nationals of the country holding them;
(B) Article 3 common to the four Geneva
Conventions, and by Additional Protocol II, and
customary international law, which protect journalists
in times of non-international armed conflict as
civilians; and
(C) Article 79 of Additional Protocol I, which
provides that journalists are entitled to all rights
and protections granted to civilians in international
armed conflicts. The same holds true in non-
international armed conflicts by virtue of customary
international law.
(5) As provided in Article 19 of the United Nations
Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights, all people enjoy the
right to freedom of opinion and expression, which includes the
right to seek, receive, and impart information.
(6) The United Nations Plan of Action defines the safety of
journalists as encompassing not only physical attacks but also
prosecution, arrest, imprisonment, and denial of journalistic
access, as well as impunity for crimes against journalists.
(7) According to the United Nations Educational, Scientific
and Cultural Organization, 455 journalists were killed while
doing their jobs between 2016 and 2021. These cases include
deaths as a result of extrajudicial killings, targeted
terrorist attacks, and in conflicts. In more than 8 out of 10
cases, the perpetrators have not been brought to justice.
(8) According to the United Nations, silencing journalists
by killing them is the most egregious form of censorship. The
failure of the State to prosecute and punish serious crimes
against journalists denies justice to the victims' families,
emboldens perpetrators, and can deter other journalists from
reporting high-risk stories. Countries with high rates of
impunity also have high rates of journalist fatalities,
underscoring the correlation between impunity and the
perpetuation of such crimes.
(9) Strong advocacy from civil society and growing
awareness of the problem have led the United Nations Security
Council and the Human Rights Council to adopt a series of
resolutions calling for prompt and effective investigations
into attacks on journalists. In 2021, for the first time in the
context of international efforts to combat crime, States
recognized the importance of ending impunity for crimes against
journalists in General Assembly Resolution 76/181.
(10) The United States, as a force for good in this world,
must defend and protect those who are committed to raising
awareness of the casualties of war, humanitarian crises, human
rights abuses, and corruption around the world.
(11) The United States must preserve and build upon the
leadership of the United States on issues relating to freedom
of the press, on the basis of the protections afforded the
American people under the First Amendment.
(12) The United States must conduct prompt and effective
investigations into all non-natural deaths of journalists and
representative of the news media in a foreign nation, who are
United States citizens or working on behalf of a United States-
based news media entity.
(13) The United States must improve the rapid
identification, publication, and response by the United States
Government to threats against freedom of the press around the
world, no matter a foreign nation's status as ally or
adversary.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``journalist''--
(A) means an individual who--
(i) actively gathers information about
current events or events that would be of
current interest to a segment of the public;
(ii) uses its editorial skills to turn the
raw materials into a distinct work; and
(iii) distributes that work to an audience;
and
(B) includes--
(i) individuals working for a television or
radio station that broadcasts the news who do
not appear on-air;
(ii) individuals who work on a freelance
basis who demonstrate a solid basis for
expecting publication through a news media
entity, based on publication record or an
existing contract; and
(iii) individuals who work on documentaries
who demonstrate a solid basis for expecting
publication or broadcast, based on their
history or an existing contract or grant.
(2) The term ``covered journalist'' means a journalist
who--
(A)(i) is a national of the United States; or
(ii) is not a national of the United States and
works for a news media entity based in the United
States;
(B) suffers a non-natural death in a foreign
country; and
(C) is working as a journalist in the foreign
country at the time of their death.
(3) The term ``death'' includes, with respect to an
individual, being declared dead after having been missing for
the requisite number of years applicable law.
(4) The term ``news media entity'' means an entity engaged
in disseminating information to the general public through a
newspaper, magazine, other publication, radio, television,
cable television, or other medium of mass communication, and
includes publishers of periodicals and publishers of
documentaries.
SEC. 4. INVESTIGATIONS OF NON-NATURAL DEATHS OF JOURNALISTS IN FOREIGN
COUNTRIES.
(a) Investigation Requirement.--The Director of the Federal Bureau
of Investigation shall conduct an international criminal investigation
on each non-natural death of a covered journalist in accordance with
the protocol established under subsection (b).
(b) Protocol.--Not later than 30 days after the date of enactment
of this Act, the Director of the Federal Bureau of Investigation, in
coordination with the Secretary of State, and in consultation with the
Director of National Intelligence, the Secretary of Defense, and the
head of other relevant Federal agencies, shall develop a multi-agency
investigative team protocol that includes defined responsibilities for
each Federal agency involved, to--
(1) identify non-natural deaths of covered journalists in
foreign countries;
(2) conduct prompt and effective, investigations of all
such deaths, using the full investigative and forensic
capabilities of the United States; and
(3) aggressively prosecute perpetrators who may be subject
to criminal liability under International or Federal law.
(c) Reports to Congress.--The Director of the Federal Bureau of
Investigation shall submit to Congress reports, in accordance with this
subsection, to ensure that Congress is informed about specific
investigations, as well as trends of non-natural deaths of covered
journalists in countries with a history of targeting journalists.
(1) Specific individual investigation.--For each non-
natural death of a covered journalist the Director of the
Federal Bureau of Investigation shall provide to Congress the
following reports:
(A) An initial report at the beginning of the
investigation containing basic information about the
covered journalist, which shall include the name of the
person, their country of citizenship, the name of the
news media entity for which the covered journalist was
working at the time of their death, the country in
which such news media entity is based, the location of
the covered journalist at time of their death, nature
of their death (if known), and the name and contact
information for the lead investigator at the Federal
Bureau of Investigation.
(B) An interim report that includes all elements of
the investigation and information about each person of
interest in the investigation.
(C) A final report, which shall include all
elements of the investigation, and the following:
(i) An identification of each person that
carried out, participated in, or was otherwise
complicit in, or responsible for the non-
natural death of the covered journalist.
(ii) A recommendation on how to hold each
person identified under clause (i) accountable.
(iii) An identification of the possible use
of defense articles provided by the United
States in connection with a non-natural death
of a covered journalist.
(2) Annual reporting.--Not later than 30 days after the
first end of a fiscal year after the date of enactment of this
Act, and annually thereafter, the Director of the Federal
Bureau of Investigation shall submit to Congress a report that
includes--
(A) the status of individual investigations of non-
natural deaths of covered journalists opened, ongoing,
or closed during the reporting period, including, for
each investigation--
(i) the status, including the number of
days for which each investigation has been or
was open;
(ii) the location of the covered journalist
at time of their death;
(iii) the nature of death of the covered
journalist (if known);
(iv) whether each person responsible for
the death has been identified; and
(v) whether the recommendation described in
paragraph (1)(C)(ii) was implemented;
(B) for each investigation described in
subparagraph (A), the interim report described in
paragraph (1)(B) or the final report described in
paragraph (1)(C), as appropriate; and
(C) an analysis of whether the non-natural death of
a covered journalist in a foreign country is a part of
a larger trend of that country involving--
(i) a history of corruption or human rights
violations;
(ii) intimidation or violence towards
journalists; or
(iii) the general attitude of that country
towards the United States.
(3) Form.--The reports required under paragraphs (1) and
(2) shall be submitted in unclassified form and, at the time of
submission to Congress, shall be made publicly available on the
website of the Department of Justice. The reports required
under paragraph (1) shall be made publicly available on the
appropriate Department of State country website.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1356-1357)
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.
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