Justice For Journalists Act

Bill: 117-hr-9691
Sponsor: full_name: Rep. Carson, Andre [D-IN-7]
Introduced: 2022-12-23
Policy area: Crime and Law Enforcement
Latest action: action_date: 2022-12-23
text: 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.

Summaries:
action_date: 2022-12-23
action_desc: Introduced in House
text: <p><b>Justice For Journalists Act</b></p> <p>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.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 9691 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.

1. Short title This Act may be cited as the Justice For Journalists Act . 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. 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. 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.