II 

116TH CONGRESS 

2D SESSION S. 3818 

To protect and promote the freedom of the press globally. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2020 

Mr. RUBIO (for himself and Mr. CARDIN) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To protect and promote the freedom of the press globally. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘World Press Freedom 

5 Protection and Reciprocity Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Foreign Relations of 

12 the Senate; and 


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1 (B) the Committee on Foreign Affairs of 

2 the House of Representatives. 

3 (2) FOREIGN PERSON.—The term ‘‘foreign per4 son’’ means an individual who is not— 

5 (A) a United States citizen; or 

6 (B) an alien lawfully admitted for perma7 nent residence to the United States. 

8 (3) INTERNATIONALLY-RECOGNIZED RIGHT TO

9 FREEDOM OF EXPRESSION.—The term ‘‘internation10 ally-recognized right to freedom of expression’’ are 

11 the rights set forth in— 

12 (A) Article 19 of the Universal Declaration 

13 of Human Rights, done at Paris December 10, 

14 1948; and 

15 (B) Article 19 of the International Cov16 enant on Civil and Political Rights, done at 

17 New York December 19, 1966. 

18 (4) MAJOR NON-NATO ALLY.—The term ‘‘major 

19 non-NATO ally’’ means a country designated by the 

20 President as a major non-NATO ally pursuant to 

21 section 517 of the Foreign Assistance Act of 1961 

22 (22 U.S.C. 2321k). 

23 SEC. 3. STATEMENT OF POLICY. 

24 (a) FINDINGS.—Congress finds the following: 


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1 (1) Freedom of the press is a critical compo2 nent of democratic governance that enhances trans3 parency, accountability, and participation of civil so4 ciety. 

5 (2) United States Government efforts to protect 

6 and expand freedom of the press and free expression 

7 strengthen the national interests of the United 

8 States by— 

9 (A) supporting democracy; 

10 (B) promoting good governance and public 

11 health; 

12 (C) mitigating conflict; and 

13 (D) encouraging transparency and civil so14 ciety development around the world. 

15 (3) Journalists, media personnel, and other in16 dividuals and organizations around the world that 

17 receive and impart information and ideas face in18 creasing restrictions, threats, censorship, arbitrary 

19 detention, torture, enforced disappearances, extraju20 dicial killings, and other violence for exercising their 

21 internationally-recognized right to freedom of ex22 pression. 

23 (4) Impunity for attacks on journalists, blog24 gers, and media personnel is an acute problem 

25 around the world and a primary challenge to proVerDate Sep 11 2014 04:36 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3818.IS S3818

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1 tecting freedom of expression and freedom of the 

2 press. 

3 (5) According to research and press freedom 

4 rankings issued annually by Freedom House, the 

5 Committee to Protect Journalists, and Reporters 

6 Without Borders, some of the countries with the 

7 most restrictive media and information environments 

8 include Cuba, Djibouti, Eritrea, Iran, Laos, 

9 Myanmar, North Korea, the Philippines, Saudi Ara10 bia, Syria, Turkmenistan, and Vietnam. 

11 (6) Since a failed coup attempt in 2016, the 

12 Government of the Republic of Turkey has used ter13 rorism and national security laws to shutter hun14 dreds of media outlets and jail dozens of journalists, 

15 compounding the effects of more than a decade of 

16 expanding ruling party influence over the ownership 

17 of mainstream media in the country at the expense 

18 of independent outlets. 

19 (7) The People’s Republic of China, which 

20 maintains one of the most restrictive media and in21 formation environments in the world, seeks to con22 trol free speech inside and outside of China 

23 through— 

24 (A) censorship; 


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1 (B) onerous media organization registra2 tion requirements; 

3 (C) harassment and retaliation; 

4 (D) imprisonment; 

5 (E) conditioning of press credential renew6 als for all journalists and visa issuance for for7 eign journalists on ‘‘positive’’ coverage of 

8 China; and 

9 (F) the operation of a digital surveillance 

10 system so pervasive that both routine and sen11 sitive reporting activities and many aspects of 

12 daily life are subject to government monitoring. 

13 (8) The Russian Federation has continued to 

14 use sophisticated tools to block and control informa15 tion online and employ draconian laws to pressure 

16 independent media. 

17 (9) The expansion and export of new tech18 nologies used for censorship and surveillance— 

19 (A) represent a notable threat to human 

20 rights, including press freedoms, transparency, 

21 and democratic governance globally; and 

22 (B) constitute a critical challenge to 

23 United States national interests. 

24 (10) Other countries’ restrictions on the activi25 ties of United States journalists and media perVerDate Sep 11 2014 04:36 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3818.IS S3818

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1 sonnel, other countries’ censorship and blocking of 

2 websites of United States news and media corpora3 tions, and other restrictions on the cross-border flow 

4 of information— 

5 (A) damage the competitiveness of United 

6 States corporations; 

7 (B) limit United States access to informa8 tion critical for United States investors, con9 sumers, and others making market and finan10 cial decisions; and 

11 (C) should be considered a restriction of 

12 trade and the creation of an unfair competitive 

13 advantage benefitting foreign government-con14 trolled news organizations and other foreign 

15 news and media corporations. 

16 (b) POLICY STATEMENT.—It is the policy of the 

17 United States— 

18 (1) to advocate for detained and targeted jour19 nalists and other media personnel overseas, includ20 ing citizen journalists and bloggers; 

21 (2) to call on governments, in both bilateral dis22 cussions and through multilateral organizations— 

23 (A) to end restrictions on the internation24 ally-recognized right to freedom of expression; 

25 and 


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1 (B) to abide by international commitments 

2 set forth in— 

3 (i) Article 19 of the Universal Dec4 laration of Human Rights, done at Paris 

5 December 10, 1948; and 

6 (ii) Article 19 of the International 

7 Covenant on Civil and Political Rights, 

8 done at New York December 19, 1966; 

9 (3) to urge foreign governments— 

10 (A) to transparently investigate and bring 

11 to justice the perpetrators of attacks against 

12 journalists, bloggers, and other media per13 sonnel; and 

14 (B) to halt efforts to censor or block access 

15 to news from United States journalists and 

16 media personnel and the websites of United 

17 States news and media organizations; 

18 (4) to highlight threats against freedom of the 

19 press in the Department of State’s Annual Country 

20 Reports on Human Rights Practices, as required 

21 under section 116(d)(12) of the Foreign Assistance 

22 Act of 1961 (22 U.S.C. 2151n(d)(12)), and other 

23 public statements by senior Department of State of24 ficials; 


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1 (5) to seek, as part of bilateral diplomatic nego2 tiations globally, conditions for— 

3 (A) a free flow of news and information; 

4 (B) internet freedom; and 

5 (C) an end to visas restrictions for United 

6 States media personnel; 

7 (6) to link expansion of the free flow of news 

8 and information with ongoing and future trade 

9 agreements and other bilateral agreements and com10 muniques by seeking language eliminating— 

11 (A) all limitations on market access for 

12 news agency services; and 

13 (B) any restrictions on cross-border data 

14 flows involving journalists and the media, in15 cluding data flowing through the internet; 

16 (7) to ensure that pursuing bilateral relation17 ships with foreign governments, particularly govern18 ments with restrictive press and information envi19 ronments, based on the principles of reciprocity 

20 across many sectors, including economic, diplomatic, 

21 educational, religious, and in the free flow of news 

22 and information; and 

23 (8) to clearly differentiate, in official state24 ments, media communications, and messaging, beVerDate Sep 11 2014 04:36 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3818.IS S3818

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1 tween the citizens of a country and the government 

2 of such country. 

3 SEC. 4. STATEMENT OF POLICY REGARDING PROTECTION 

4 OF FOREIGN JOURNALISTS AND OTHER 

5 MEDIA PERSONNEL GLOBALLY. 

6 It is the policy of the United States to consider for7 eign government officials who are responsible for, are 

8 complicit in, or have directly or indirectly engaged in se9 vere restrictions of the internationally-recognized right to 

10 freedom of expression, such as arbitrary detention, impris11 onment, enforced disappearance, torture, extrajudicial kill12 ing, and other substantial threats to the life and liberty 

13 of a person, as having committed gross violations of inter14 nationally recognized human rights for purposes of impos15 ing sanctions with respect to such officials under— 

16 (1) the Global Magnitsky Human Rights Ac17 countability Act (22 U.S.C. 2656 note; subtitle F of 

18 title XII of Public Law 114–328); and 

19 (2) section 7031(c) of the Department of State, 

20 Foreign Operations, and Related Programs Appro21 priations Act, 2019 (division F of Public Law 116– 

22 6). 


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1 SEC. 5. PLAN TO PROMOTE RECIPROCAL ACCESS FOR 

2 UNITED STATES NEWS AND MEDIA ORGANI3 ZATIONS. 

4 (a) PLAN.— 

5 (1) IN GENERAL.—The President shall establish 

6 a plan for negotiating access for United States news 

7 and media companies and their employees globally 

8 and work to enhance reciprocity given to news and 

9 media companies operating in the United States. 

10 (2) REPORT.—Not later than 120 days after 

11 the date of the enactment of this Act, the Secretary 

12 of State shall submit a report to the appropriate 

13 congressional committees that summarizes the plan 

14 required under paragraph (1). 

15 (b) POLICY STATEMENTS.— 

16 (1) FINDINGS.—Congress finds the following: 

17 (A) United States news and media organi18 zations, including United States-based media 

19 organizations, and information portals are 

20 blocked or censored by certain foreign govern21 ments, while the United States market remains 

22 open to websites of foreign news and media or23 ganizations and information portals, including 

24 state-owned propaganda organizations. 

25 (B) The stark lack of reciprocity in market 

26 access for news and media organizations and 


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1 country access for journalists and media per2 sonnel— 

3 (i) limits constructive contacts be4 tween the United States and the world; 

5 and 

6 (ii) allows some foreign governments 

7 unbalanced influence over their people’s 

8 views of the United States and perceptions 

9 in the United States of their policies and 

10 programs. 

11 (C) Foreign governments with a sizable 

12 media and information footprint in the United 

13 States have a distinct interest in maintaining 

14 such footprint. 

15 (2) SENSE OF CONGRESS.—It is the sense of 

16 Congress that, in the interest of increasing recip17 rocal access for United States journalists and news 

18 and media organizations and expanding press free19 doms globally, the President should proactively pur20 sue bilateral agreements with governments referred 

21 to in paragraph (1) to ensure reciprocal access by 

22 both countries. 

23 SEC. 6. AUTHORIZATION OF IMPOSITION OF SANCTIONS. 

24 (a) IN GENERAL.—The President may impose the 

25 sanctions described in subsection (b) with respect to any 


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1 foreign person the President determines, based on credible 

2 evidence— 

3 (1) is responsible for the jailing, killing, or tor4 ture of journalists or significant efforts to harass, 

5 restrict the activities of, terminate the visas of, or 

6 threaten the safety of United States journalists and 

7 media personnel. 

8 (2) acted as an agent, or on behalf, of a foreign 

9 person in a matter relating to an activity described 

10 in paragraph (1); or 

11 (3) is a government official, or a senior asso12 ciate of such an official, that is responsible for, or 

13 complicit in, ordering, controlling, or otherwise di14 recting an activity described in paragraph (1). 

15 (b) SANCTIONS DESCRIBED.—A foreign person de16 scribed in subsection (a) who is an individual— 

17 (1) shall be ineligible to receive a visa from the 

18 United States, enter the United States, or be admit19 ted to the United States; and 

20 (2) if such individual has been issued a visa or 

21 other documentation by the United States that pro22 vides any immigration benefit, shall have such visa 

23 or other documentation revoked, in accordance with 

24 section 221(i) of the Immigration and Nationality 

25 Act (8 U.S.C. 1201(i)). 


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1 (c) TERMINATION OF SANCTIONS.— 

2 (1) IN GENERAL.—The President may termi3 nate the application of sanctions under subsection 

4 (b) with respect to an individual if the President 

5 makes a determination that— 

6 (A) credible information exists that the in7 dividual did not engage in the activity for which 

8 the sanctions were imposed; 

9 (B) the individual has been prosecuted ap10 propriately for the activity for which the sanc11 tions imposed; 

12 (C) the individual has— 

13 (i) credibly demonstrated a significant 

14 change in behavior; 

15 (ii) been subject to an appropriate 

16 consequence for the activity for which the 

17 sanctions were imposed; and 

18 (iii) credibly committed to not engage 

19 in an activity described in that subsection 

20 in the future; or 

21 (D) the termination of the application of 

22 sanctions is in the national security interests of 

23 the United States. 

24 (2) NOTIFICATION.—Not later than 15 days be25 fore the date on which the application of sanctions 


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1 is terminated under paragraph (1) with respect to 

2 an individual, the Secretary of State shall submit a 

3 report to the Committee on Foreign Relations of the 

4 Senate, the Committee on the Judiciary of the Sen5 ate, the Committee on Foreign Affairs of the House 

6 of Representatives, and the Committee on the Judi7 ciary of the House of Representatives that describes 

8 the justification for such termination. 

9 (d) EXCEPTION.—Sanctions described in subsection 

10 (b) shall not apply to an individual if admitting the indi11 vidual into the United States is necessary to permit the 

12 United States to comply with the Agreement regarding the 

13 Headquarters of the United Nations, signed at Lake Suc14 cess June 26, 1947, and entered into force November 21, 

15 1947, between the United Nations and the United States, 

16 or any other applicable international obligation of the 

17 United States. 

18 (e) WAIVER.—The President may waive the applica19 tion of the sanctions described in subsection (b) with re20 spect to an individual if the President— 

21 (1) determines that such a waiver is in the na22 tional interest of the United States; and 

23 (2) upon granting such a waiver, submits a re24 port to the committees specified in subsection (c)(2) 

25 that— 


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1 (A) details the evidence and justification 

2 for the necessity of the waiver; and 

3 (B) explains how the waiver relates to the 

4 national security of the United States. 

5 (f) REPORT.— 

6 (1) IN GENERAL.—Not later than 180 after the 

7 date of the enactment of this Act, and annually 

8 thereafter for 5 years, the President shall submit a 

9 report to the committees referred to in subsection 

10 (c)(2) that identifies each individual with respect to 

11 which the application of sanctions has been termi12 nated under subsection (c) during the preceding 

13 year, including the country of origin of the indi14 vidual and the dates on which such sanctions were 

15 imposed or terminated, as applicable. 

16 (2) FORM.—The report required under para17 graph (1) shall be submitted in unclassified form, 

18 but may include a classified annex. 

19 (3) EXCLUSION OF PERSONALLY IDENTIFIABLE

20 INFORMATION.—The President may not include any 

21 personally identifiable information of any United 

22 States citizen in a report submitted under paragraph 

23 (1). 

24 (4) APPLICABILITY OF PRIVACY ACT.—Any in25 formation obtained by the President to complete a 


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1 report required by paragraph (1) shall be subject to 

2 section 552a of title 5, United States Code (com3 monly known as the ‘‘Privacy Act’’). 

4 SEC. 7. CLEAR LABELING FOR INFORMATIONAL MATE5 RIALS DISTRIBUTED ON BEHALF OF FOREIGN 

6 MISSIONS OR FOREIGN PRINCIPALS. 

7 Section 4(b) of the Foreign Agents Registration Act 

8 of 1938 (22 U.S.C. 614(b)) is amended by adding at the 

9 end the following: ‘‘Informational materials required to be 

10 labeled under this subsection that are in the form of prints 

11 shall be marked or stamped conspicuously at the top of 

12 the first page with a statement, in the language or lan13 guages used therein, that sets forth the information re14 quired under this subsection.’’. 

15 SEC. 8. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 

16 PRACTICES. 

17 (a) REPORT RELATING TO ECONOMIC ASSIST18 ANCE.— 

19 (1) IN GENERAL.—Section 116(d) of the For20 eign Assistance Act of 1961 (22 U.S.C. 2151n(d)) 

21 is amended— 

22 (A) in paragraph (11)(C), by striking 

23 ‘‘and’’ at the end; 


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1 (B) in paragraph (12)(C)(ii), by striking 

2 the period at the end and inserting ‘‘; and’’; 

3 and 

4 (C) by adding at the end the following: 

5 ‘‘(13) an assessment of freedom of expression 

6 with respect to electronic information in each foreign 

7 country, including the extent to which government 

8 authorities in each country— 

9 ‘‘(A) attempt to filter, censor, shape, or 

10 otherwise block or remove nonviolent expression 

11 of political, religious, ideological opinion via the 

12 internet, including electronic mail, and the 

13 means by which such authorities attempt to 

14 block or remove such expression; 

15 ‘‘(B) have persecuted or otherwise pun16 ished an individual or group for the nonviolent 

17 expression of political, religious, or ideological 

18 opinion via the internet, including electronic 

19 mail; 

20 ‘‘(C) have sought to collect, request, ob21 tain, or disclose personally identifiable informa22 tion of a person in connection with such per23 son’s nonviolent expression of political, reli24 gious, or ideological opinion on a foreign plat25 form, including expression that would be proVerDate Sep 11 2014 04:36 Jun 13, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3818.IS S3818

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1 tected by the Universal Declaration of Human 

2 Rights and the International Covenant on Civil 

3 and Political Rights; and 

4 ‘‘(D) monitor wire communications and 

5 electronic communications without regard to the 

6 principles of privacy, human rights, democracy, 

7 and rule of law, to the extent that these prac8 tices are known.’’. 

9 (2) CONFORMING AMENDMENT.—Section 116 

10 of such Act, as amended by paragraph (1), is fur11 ther amended by adding at the end the following: 

12 ‘‘(h) CONSULTATION REQUIREMENT.— 

13 ‘‘(1) IN GENERAL.—In compiling data and 

14 making assessments under subsection (d)(13), 

15 United States diplomatic personnel shall consult 

16 with human rights organizations, technology and 

17 internet companies, and other appropriate non18 governmental organizations. 

19 ‘‘(2) DEFINITIONS.—In this subsection and in 

20 subsection (d)(13)— 

21 ‘‘(A) the term ‘electronic communication’ 

22 has the meaning given such term in section 

23 2510(12) of title 18, United States Code; 

24 ‘‘(B) the term ‘internet’ has the meaning 

25 given the term ‘Internet’ in section 231(e)(3) of 


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1 the Communications Act of 1934 (47 U.S.C. 

2 231(e)(3)); 

3 ‘‘(C) the term ‘personally identifiable infor4 mation’ means data in a form that identifies a 

5 specific person; and 

6 ‘‘(D) the term ‘wire communication’ has 

7 the meaning given such term in section 2510(1) 

8 of title 18, United States Code.’’. 

9 (b) REPORT RELATING TO SECURITY ASSISTANCE.— 

10 Section 502B(b) of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2304(b)) is amended— 

12 (1) by redesignating paragraphs (1) and (2) as 

13 subparagraphs (A) and (B); 

14 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

15 (3) by striking ‘‘Wherever applicable, such re16 port shall include’’ and inserting the following: 

17 ‘‘(2) Wherever applicable, each report required under 

18 paragraph (1) shall include—’’; 

19 (4) by striking ‘‘consolidated information’’ and 

20 inserting the following: 

21 ‘‘(A) consolidated information’’; 

22 (5) by striking ‘‘Act of 1987). Wherever appli23 cable, such report shall include information’’ and in24 serting the following: ‘‘Act of 1987); 

25 ‘‘(B) information’’; 


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1 (6) by striking ‘‘sterilization. Such report shall 

2 also include, wherever applicable, information’’ and 

3 inserting the following: ‘‘sterilization; 

4 ‘‘(C) information’’; 

5 (7) by striking ‘‘Act of 1998). Wherever appli6 cable, such report shall include a description’’ and 

7 inserting the following: ‘‘Act of 1998); and 

8 ‘‘(D) a description’’; 

9 (8) by striking ‘‘Such report shall also include, 

10 for each country’’ and inserting the following: 

11 ‘‘(3) Each report required under paragraph (1) shall 

12 include, for each country’’; 

13 (9) by striking ‘‘Each report under this section 

14 shall list’’ and inserting the following: 

15 ‘‘(4) Each report required under paragraph (1) shall 

16 list’’; 

17 (10) by striking ‘‘Each report under this sec18 tion shall describe’’ and inserting the following: 

19 ‘‘(5) Each report required under paragraph (1) shall 

20 describe’’; 

21 (11) by striking ‘‘Each report under this sec22 tion shall also include’’ and inserting the following: 

23 ‘‘(6) Each report required under paragraph (1) shall 

24 include—’’; 


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1 (12) by striking ‘‘(i) wherever applicable’’ and 

2 inserting the following: 

3 ‘‘(A) wherever applicable’’; 

4 (13) by striking ‘‘hostilities, (ii) what steps’’ 

5 and inserting ‘‘hostilities; 

6 ‘‘(B) what steps’’; 

7 (14) by striking ‘‘practices, and (iii) such other 

8 information’’ and inserting ‘‘practices; and 

9 ‘‘(C) such other information’’; and 

10 (15) by striking ‘‘In determining’’ and inserting 

11 the following: 

12 ‘‘(7) Each report required under paragraph (1) shall 

13 include an assessment of freedom of expression with re14 spect to electronic information in each foreign country, 

15 which shall consist of— 

16 ‘‘(A) an assessment of the extent to which gov17 ernment authorities in each country attempt to fil18 ter, censor, shape, or otherwise block or remove non19 violent expression of political, religious, or ideological 

20 opinion via the internet, including electronic mail; 

21 ‘‘(B) a description of the means by which such 

22 authorities attempt to block or remove such expres23 sion; 

24 ‘‘(C) an assessment of the extent to which gov25 ernment authorities in each country have persecuted 


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1 or otherwise punished an individual or group for the 

2 nonviolent expression of political, religious, or ideo3 logical opinion or belief via the internet, including 

4 electronic mail; 

5 ‘‘(D) an assessment of the extent to which gov6 ernment authorities in each country have sought to 

7 collect, request, obtain, or disclose personally identi8 fiable information of a person in connection with 

9 such person’s nonviolent expression of political, reli10 gious, or ideological opinion or belief on a foreign 

11 platform, including expression that would be pro12 tected by the International Covenant on Civil and 

13 Political Rights, done at New York December 19, 

14 1966; and 

15 ‘‘(E) an assessment of the extent to which wire 

16 communications and electronic communications are 

17 monitored without regard to the principles of pri18 vacy, human rights, democracy, and rule of law, to 

19 the extent that these practices are known. 

20 ‘‘(8) In determining’’. 

Æ 


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