S.Amdt. 3915

SA 3915. Ms. KLOBUCHAR (for herself and Mr. Leahy) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle F of title XII, add the following:

SEC. 1264. HUMAN RIGHTS PROTECTION FOR JOURNALISTS.

(a) Short Title.--This section may be cited as the ``Jamal
Khashoggi Press Freedom Accountability Act of 2021''.
(b) Expanding Scope of Human Rights Reports With Respect to
Violations of Human Rights of Journalists.--The Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 116(d)(12) (22 U.S.C. 2151n(d)(12))--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(B) in subparagraph (C), as redesignated, by striking
``imprisonment, indirect sources of pressure'' and inserting
``online harassment, imprisonment, indirect sources of
pressure, surveillance'';
(C) in subparagraph (D)(ii), as redesignated, by striking
``the prosecution of those individuals who attack or murder
journalists'' and inserting ``the investigation, prosecution,
and conviction of government officials or private individuals
who engage in or facilitate digital or physical attacks
(including hacking, censorship, surveillance, harassment,
unlawful imprisonment, or bodily harm) against journalists
and others who perform, or provide administrative support to,
the dissemination of print, broadcast, internet-based, or
social media intended to communicate facts or opinion.''; and
(D) by inserting after subparagraph (A) the following:
``(B) the identification of countries in which gross
violations of internationally recognized human rights (as
defined in section 502B(d)(1)) were committed against
journalists during the reporting period;''; and
(2) in section 502B (22 U.S.C. 2304)--
(A) by redesignating the second subsection (i) (as added by
section 1207(b)(2) of Public Law 113-4) as subsection (j);
(B) in subsection (i)--
(i) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(ii) by inserting after paragraph (1) the following:
``(2) the identification of countries in which there were
gross violations of internationally recognized human rights
committed against journalists;''; and
(iii) in paragraph (3), as redesignated, by striking
``imprisonment, indirect sources of pressure,'' and inserting
``online harassment, imprisonment, indirect sources of
pressure, surveillance,''.
(c) Imposition of Sanctions on Persons Responsible for the
Commission of Gross Violations of Internationally Recognized
Human Rights Against Journalists.--
(1) Definitions.--In this subsection:
(A) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given such terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1001).
(B) Foreign person.--The term ``foreign person'' means an
individual who is not--
(i) a citizen or national of the United States; or
(ii) an alien lawfully admitted for permanent residence to
the United States.
(C) Good.--The term ``good'' means any article, natural or
man-made substance, material, supply, or manufactured
product, including inspection and test equipment and
excluding technical data.
(D) United states person.--The term ``United States
person'' means--
(i) a United States citizen, an alien lawfully admitted for
permanent residence to the United States, or any other
individual subject to the jurisdiction of the United States;
(ii) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such entity; or
(iii) any person in the United States.
(2) Listing of persons who have committed gross violations
of internationally recognized human rights.--
(A) In general.--Except as provided in subparagraph (C),
the President shall impose the sanctions described in
paragraph (3) on each foreign person who the President
determines, based on credible information, has perpetrated,
ordered, or otherwise directed the extrajudicial killing of,
or other gross violation of internationally recognized human
rights committed against, a journalist or other person who
performs, or provides administrative support to, the
dissemination of print, broadcast, internet-based, or social
media intended to report newsworthy activities or
information, or communicate facts or fact-based opinions.
(B) Publication of list.--Except as provided in
subparagraph (C), the Secretary of State shall annually
publish, on a publicly available website of the Department of
State, a list of the names of each foreign person determined
pursuant to subparagraph (A) to have perpetrated, ordered, or
otherwise directed an act described in such subparagraph.
(C) Exception.--The President may waive or terminate the
imposition of sanctions otherwise required under subparagraph
(A) and the Secretary of State may omit or remove from the
list described in subparagraph (B) on behalf of a foreign
person described in subparagraph (A) if the President--
(i) certifies to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that--

(I) the public identification of such foreign person is not
in the national interest of the United States; or
(II) appropriate foreign government authorities have
credibly--

(aa) investigated such foreign person and held such foreign
person accountable, as appropriate, for perpetrating,
ordering, or directing the acts described in subparagraph
(A);
(bb) publicly condemned the violations of the freedom of
the press and the acts described in subparagraph (A);
(cc) complied with any requests for information from
international or regional

[[Page S7421]]

human rights organizations with respect to the acts described
in subparagraph (A); and
(dd) complied with any United States Government requests
for information with respect to the acts described in
subparagraph (A).
(ii) submits to such congressional committees an
unclassified description of the factual basis supporting the
certification provided under clause (i), which may contain a
classified annex.
(3) Sanctions described.--The sanctions described in this
paragraph are the following:
(A) Asset blocking.--The President shall exercise all of
the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of a foreign person
identified in the list required under paragraph (2)(B) if
such property and interests in property are in the United
States, come within the United States, or come within the
possession or control of a United States person.
(B) Ineligibility for visas, admission, or parole.--
(i) Visas, admission, or parole.--A foreign person
described in paragraph (2)(A) is--

(I) inadmissible to the United States;
(II) ineligible to receive a visa or other documentation to
enter the United States; and
(III) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(ii) Current visas revoked.--

(I) In general.--The visa or other entry documentation of a
foreign person described in paragraph (2)(A) is subject to
revocation regardless of when the visa or other entry
documentation is or was issued.
(II) Immediate effect.--A revocation under subclause (I)
shall take effect on the date on which the President makes a
determination under paragraph (2)(A) with respect to such
foreign person and any other valid visa or entry
documentation that is in the foreign person's possession
shall be automatically canceled.

(C) Exceptions.--
(i) Exception for intelligence activities.--The sanctions
described in this paragraph shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any
authorized intelligence activities of the United States.
(ii) Exception to comply with international obligations.--
The sanctions described in this paragraph shall not apply
with respect to an alien if admitting or paroling the alien
into the United States is necessary to permit the United
States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
(4) Implementation; penalties.--
(A) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this subsection.
(B) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign
person that violates, attempts to violate, conspires to
violate, or causes a violation of this subsection to the same
extent that such penalties apply to a person that commits an
unlawful act described in subsection (a) of such section 206.
(5) Exception relating to the importation of goods.--The
authorities and requirements to impose sanctions under this
section shall not include any authority or requirement to
impose sanctions on the importation of goods.
(d) Prohibition on Foreign Assistance.--
(1) Prohibition.--
(A) In general.--Assistance authorized under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms
Export Control Act (22 U.S.C. 2751 et seq.) may not be made
available to any governmental entity of a country if the
Secretary of State or the Director of National Intelligence
has credible information that one or more officials
associated with, leading, or otherwise acting under the
authority of such entity has committed a gross violation of
internationally recognized human rights against a journalist
or other person who performs, or provides administrative
support to, the dissemination of print, broadcast, internet-
based, or social media intended to report newsworthy
activities or information, or communicate facts or fact-based
opinions.
(B) Publication.--To the maximum extent practicable, a list
of the governmental entities described in subparagraph (A)--
(i) shall be published on publicly available websites of
the Department of State and of the Office of the Director of
National Intelligence; and
(ii) shall be updated on a regular basis.
(2) Prompt information.--The Secretary of State shall
promptly inform appropriate officials of the government of a
country from which assistance is withheld in accordance with
the prohibition under paragraph (1).
(3) Exception.--The prohibition under paragraph (1) shall
not apply with respect to--
(A) humanitarian assistance or disaster relief assistance
authorized under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.); or
(B) assistance that the Secretary of State determines to be
essential to assist the government of a country to bring the
responsible members of the relevant governmental entity to
justice for the acts described in paragraph (1).
(4) Waiver.--
(A) In general.--The Secretary of State, may waive the
prohibition under paragraph (1) with respect to a
governmental entity of a country if--
(i) the President, acting through the Secretary of State
and the Director of National Intelligence, determines that
such a waiver is in the national security interest of the
United States; or
(ii) the Secretary of State has received credible
information that the government of that country has--

(I) performed a thorough investigation of the acts
described in paragraph (1) and is taking effective steps to
bring responsible members of the relevant governmental entity
to justice;
(II) condemned violations of the freedom of the press and
the acts described in paragraph (1);
(III) complied with any requests for information from
international or regional human rights organizations with
respect to the acts described in paragraph (1), in accordance
with international legal obligations to protect the freedom
of expression; and
(IV) complied with United States Government requests for
information with respect to the acts described in paragraph
(1).

(B) Certification.--A waiver described in subparagraph (A)
may only take effect if, not later than 30 days before the
effective date of the waiver--
(i) the Secretary of State--

(I) certifies to the Committee on Foreign Relations of the
Senate, the Committee on Appropriations of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Appropriations of the House of
Representatives that such waiver is warranted; and
(II) includes, with such certification, an unclassified
description of the factual basis supporting the
certification, which may contain a classified annex; and

(ii) the Director of National Intelligence submits a report
to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives detailing any underlying information that the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)) has regarding
the perpetrators of the acts described in paragraph (1),
which shall be submitted in unclassified form, but may
contain a classified annex.
______