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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2242 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2242

  To protect the internationally recognized right of free expression, 
ensure the free flow of information, and protect journalists and media 
                          personnel globally.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2015

 Mr. Smith of New Jersey (for himself, Mr. Blumenauer, and Mr. Pitts) 
 introduced the following bill; which was referred to the Committee on 
Foreign Affairs, and in addition to the Committees on the Judiciary and 
   Ways and Means, 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 protect the internationally recognized right of free expression, 
ensure the free flow of information, and protect journalists and media 
                          personnel globally.

    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 ``World Press Freedom Protection Act 
of 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Financial Services, the Committee on Foreign 
                Affairs, the Committee on Homeland Security, and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Banking, Housing, and Urban Affairs, the Committee 
                on Foreign Relations, the Committee on Homeland 
                Security and Governmental Affairs, and the Committee on 
                the Judiciary of the Senate.
            (2) Foreign person.--The term ``foreign person'' means an 
        individual who is neither a citizen or national of the United 
        States.

SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS FOR RESTRICTIONS ON 
              THE RIGHT TO THE FREEDOM OF EXPRESSION AND RESTRICTIONS 
              ON JOURNALISTS.

    (a) In General.--The President may impose the sanctions described 
in subsection (b) with respect to a foreign person if the President 
determines, based on credible information, that the foreign person--
            (1) is responsible for severe restrictions on the freedom 
        of expression or freedom of the press, including the arrest, 
        harassment, torture, mistreatment, threats, fines, or the 
        pervasive surveillance of journalists, blockage or censorship 
        of the Internet that hinders the free flow of information from 
        journalists, or other serious violations of the international 
        right to the freedom of expression; or
            (2) has materially assisted, sponsored, or provided 
        financial, material, or technological support for, or goods or 
        services in support of, an activity described in paragraph (1) 
        .
    (b) Inadmissibility to United States.--The sanctions described in 
this subsection are the following:
            (1) ineligibility to receive a visa to enter the United 
        States or to be admitted to the United States; or
            (2) if the foreign person has been issued a visa or other 
        documentation to be used to enter the United States, 
        revocation, in accordance with section 221(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa 
        or other documentation.
    (c) Consideration of Certain Information in Imposing Sanctions.--In 
determining whether to impose sanctions under subsection (b), the 
President shall consider--
            (1) information provided by the chairperson and ranking 
        member of each of the appropriate congressional committees; and
            (2) credible information obtained by other countries and 
        nongovernmental organizations that monitor violations of human 
        rights.
    (d) Waiver for National Security Interests.--The President may 
waive the application of subsection (b) with respect to a foreign 
person if the President determines that such a waiver is in the 
national security interests of the United States.
    (e) Exception To Comply With United Nations Headquarters 
Agreement.--Subsection (b) shall not apply to a foreign person if 
admitting the foreign person into the United States is necessary to 
permit the United States to comply with the Agreement between the 
United Nations and the United States of America regarding the 
Headquarters of the United Nations, signed at Lake Success June 26, 
1947, and entered into force November 21, 1947, and other applicable 
international obligations of the United States.
    (f) Termination of Sanctions.--The President may terminate the 
application of sanctions under subsection (b) with respect to a foreign 
person if the President determines and reports to the appropriate 
congressional committees not later than 15 days before the termination 
of the sanctions that--
            (1) credible information exists that the foreign person did 
        not engage in the activity for which sanctions were imposed;
            (2) the foreign person has been prosecuted appropriately 
        for the activity for which sanctions were imposed; or
            (3) the foreign person has credibly demonstrated a 
        significant change in behavior, has paid an appropriate 
        consequence for the activity for which sanctions were imposed, 
        and has credibly committed to not engage in an activity 
        described in subsection (a) in the future.
    (g) Regulatory Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to carry out this 
section.

SEC. 4. REPORTS BY PRESIDENT TO CONGRESS.

    (a) In General.--The President shall submit to the appropriate 
congressional committees an annual report that includes--
            (1) a list of each foreign person with respect to which the 
        President imposed sanctions pursuant to section 3 during the 
        year preceding the submission of the report;
            (2) the number of foreign persons with respect to which the 
        President terminated sanctions under section 3 during that 
        year;
            (3) the dates on which such sanctions were imposed or 
        terminated, as the case may be;
            (4) the reasons for imposing or terminating such sanctions; 
        and
            (5) a description of the efforts of the President to 
        encourage the governments of other countries to impose 
        sanctions that are similar to the sanctions authorized by 
        section 3.
    (b) Dates for Submission.--
            (1) Initial report.--The President shall submit the initial 
        report required by this subsection not later than 180 days 
        after the date of the enactment of this Act.
            (2) Subsequent reports.--
                    (A) In general.--The President shall submit each 
                subsequent report required by this subsection on 
                December 10, or the first day thereafter on which both 
                Houses of Congress are in session, of--
                            (i) the calendar year in which the initial 
                        report is submitted if the initial report is 
                        submitted before December 10 of such calendar 
                        year; and
                            (ii) each subsequent calendar year.
                    (B) Congressional statement.--Congress notes that 
                December 10 of each calendar year has been recognized 
                in the United States and internationally since 1950 as 
                ``Human Rights Day'' and thus the importance of 
                December 10 of each calendar year as the date of 
                submission of the subsequent reports required by this 
                subsection.
    (c) Form.--The report required by subsection (a) shall be submitted 
unclassified form, but may contain a classified annex if necessary.
    (d) Public Availability.--
            (1) In general.--The unclassified portion of the report 
        required by subsection (a) shall be made available to the 
        public, including through publication in the Federal Register.
            (2) Nonapplicability of confidentiality requirement with 
        respect to visa records.--If the President decides to publish 
        the names of individuals sanctioned in a report required under 
        this section, the President may do so without regard to the 
        requirements of section 222(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1202(f)) with respect to 
        confidentiality of records pertaining to the issuance or 
        refusal of visas or permits to enter the United States.

SEC. 5. LIMITING VISAS TO EXECUTIVES OF STATE-OWNED NEWS AND MEDIA 
              ORGANIZATIONS OPERATING IN THE UNITED STATES.

    (a) Policy Statement.--Given the critical importance of the press 
freedoms and the free flow of cross-border information for diplomatic, 
political, and financial relations globally, and for purposes of 
investors, businesses, and politicians making informed decisions, it 
should be the policy of the United States Government to respond 
strongly and persuasively to the growing number of restrictions, 
threats, detentions, harassment, arrests, pervasive surveillance, 
killings, and delays or denials of visas faced by foreign journalists 
and their domestic employees, especially the blockage and censorship of 
the websites of news corporations.
    (b) Limitation on I-Visas.--Section 101(a)(15)(I) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(I)) is amended by 
inserting ``subject to section 214(s),'' before ``upon a basis''.
    (c) Restrictions on Visas to Executives of State-Owned Media.--
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is 
amended by adding at the end the following:
    ``(s) Restrictions on Visas to Executives of State-Owned Media.--
            ``(1) In general.--In the case of an alien who is an 
        executive of a state-owned media organization of a foreign 
        state and is applying for a visa under section 101(a)(15)(I) 
        during a fiscal year, the visa shall be refused if any United 
        States journalist or news organization personnel were expelled, 
        had visas denied, or faced intimidation or violence or other 
        restrictions in the course of working in the foreign state 
        during the previous fiscal year.
            ``(2) Definition.--For purposes of this subsection, the 
        term `executive of a state-owned media organization of a 
        foreign state' means a representative, operating in a 
        managerial or executive capacity of a media organization that 
        is majority owned, operated, or controlled by a foreign 
        government operating in the United States.''.
    (d) Transition Rule.--
            (1) In general.--The President may order the immediate 
        revocation, delay, or refusal of visas under section 
        101(a)(15)(I) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(I)) issued to, or sought by, executives of a state-
        owned media organization of a foreign state before the date of 
        the enactment of this Act in proportion to the expulsions, visa 
        delays or denials, and intimidation experienced by United 
        States journalists or news organization personnel in the course 
        of working in the foreign state during the fiscal year 
        preceding the fiscal year in which this Act is enacted.
            (2) Definition.--For purposes of paragraph (1), the term 
        ``executive of a state-owned media organization of a foreign 
        state'' means a representative, operating in a managerial or 
        executive capacity of a media organization that is majority 
        owned, operated, or controlled by a foreign government 
        operating in the United States.

SEC. 6. INCLUSION OF ADDITIONAL INFORMATION RELATING TO RESTRICTIONS 
              FACED BY JOURNALISTS WORLDWIDE IN THE ANNUAL COUNTRY 
              REPORTS ON HUMAN RIGHTS PRACTICES.

    The Foreign Assistance Act of 1961 is amended--
            (1) in section 116(d)(12) (22 U.S.C. 2151n(d)(12))--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) for each country--
                            ``(i) a detailed description of the 
                        restrictions imposed against journalists and 
                        their domestic personnel, including a 
                        description of surveillance, harassment, 
                        detentions, death threats or physical attacks, 
                        censorship, including on the Internet, denials 
                        or delays of visas or travel documents, direct 
                        sources of pressure or intimidation, or any 
                        other restrictions that limit the ability to 
                        report information freely or restricts the free 
                        flow of information whether by governments, 
                        military, intelligence or police forces or 
                        criminal groups, armed extremists, or rebel 
                        groups; and
                            ``(ii) a brief assessment of the country's 
                        practices with respect to foreign journalists 
                        and their domestic personnel by describing the 
                        country's practices as `very restrictive', 
                        `restrictive', `partially restrictive', or 
                        `mostly free'; and''; and
            (2) in the first subsection (i) of section 502B (22 U.S.C. 
        2304)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) for each country--
            ``(5)
                    ``(A) a detailed description of the restrictions 
                imposed against journalists and their domestic 
                personnel, including a description of surveillance, 
                harassment, detentions, death threats or physical 
                attacks, censorship, including on the Internet, denials 
                or delays of visas or travel documents, direct sources 
                of pressure or intimidation, or any other restrictions 
                that limit the ability to report information freely or 
                restricts the free flow of information whether by 
                governments, military, intelligence or police forces or 
                criminal groups, armed extremists, or rebel groups; and
                    ``(B) a brief assessment of the country's practices 
                with respect to foreign journalists and their domestic 
                personnel by describing the country's practices as 
                `very restrictive', `restrictive', `partially 
                restrictive', or `mostly free'.''.

SEC. 7. RESTRICTIONS ON THE FREEDOM OF EXPRESSION AND CENSORSHIP OF THE 
              INTERNET TREATED AS A RESTRICTION ON TRADE.

    (a) Finding.--Congress finds that restrictions on the activities of 
United States journalists and media personnel and the censorship and 
blockage of websites and the cross-border flow of information damages 
the competitiveness of United States corporations and limits access to 
information critical for investors, consumers, and others making market 
and financial decisions and should be considered a restriction of trade 
and an unfair competitive advantage benefitting foreign government-
controlled news organizations and other news and media corporations.
    (b) Statement of Policy.--Congress declares the following:
            (1) The United States Government should seek as part of 
        international treaty negotiations and in negotiations and 
        bilateral discussions with China, Vietnam, Saudi Arabia, and 
        other countries rated ``Not Free'' by Freedom House's annual 
        ``Freedom of the Press'' survey, conditions for a free and 
        unfettered operation of websites, an end to visas restrictions 
        for journalists, an end to harassment, intimidation, and 
        surveillance of foreign journalists and an end to the abuse of 
        state secrets laws, including China's restrictions on the 
        sharing of information between Chinese and foreign journalists.
            (2) In addition, the United States Government should seek 
        to link expansion of the free flow of information with ongoing 
        and future trade agreements, and other bilateral agreements and 
        communiques, by seeking language eliminating any and all 
        limitations on market access for news agency services and 
        eliminate any restrictions on cross-border data flows involving 
        journalists and the media, including in the Trans-Pacific 
        Partnership, Bilateral Investment Treaties, or any other trade 
        negotiations planned or in progress and seek stipulations 
        guaranteeing fair treatment of United States and other foreign 
        journalists and their publications, consistent with the 
        treatment received by foreign journalists operating in the 
        United States and free and unfettered operation of websites in 
        China and other countries where they are blocked or censored.
    (c) Sense of Congress.--In order to promote freedom of the press 
and recognize the importance of that internationally recognized right 
to economic freedom and economic security, it is the sense of Congress 
that--
            (1) restrictions on journalists and media websites and the 
        censorship of the Internet are significant foreign trade 
        barriers;
            (2) the United States Trade Representative should include a 
        list of United States websites blocked in foreign countries in 
        reporting on trade barriers in its annual report on foreign 
        trade barriers; and
            (3) the United States Government should pursue, at the 
        World Trade Organization (WTO) , disputes to end blockage of 
        United States websites by foreign governments, which would 
        include requirements for other members of the WTO to regularly 
        publish a list of any banned or censored websites and provide 
        website owners an opportunity to appeal.
                                 <all>
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