[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2351 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2351

  To promote human rights and accountability in Saudi Arabia, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2019

 Mr. Coons (for himself and Mr. Graham) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To promote human rights and accountability in Saudi Arabia, 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 ``Saudi Arabia Human Rights and 
Accountability Act of 2019''.

SEC. 2. REPORT ON INTELLIGENCE COMMUNITY ASSESSMENT RELATING TO THE 
              KILLING OF WASHINGTON POST COLUMNIST JAMAL KHASHOGGI.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the appropriate congressional committees a report consisting 
of--
            (1) a determination and presentation of evidence with 
        respect to the advance knowledge and role of any current or 
        former official of the Government of Saudi Arabia or any 
        current or former senior political figure of Saudi Arabia in 
        the directing, ordering, or tampering of evidence in the 
        killing of Washington Post columnist Jamal Khashoggi; and
            (2) a list of foreign persons that the Director has high 
        confidence--
                    (A) were responsible for, or complicit in, 
                ordering, controlling, or otherwise directing an act or 
                acts causing or contributing to the death of Jamal 
                Khashoggi;
                    (B) knowingly and materially assisted, sponsored, 
                or provided financial, material, or technological 
                support for, or goods or services in support of, an act 
                described in subparagraph (A); or
                    (C) impeded the impartial investigation of the 
                killing of Jamal Khashoggi, including through the 
                tampering of evidence relating to the investigation.
    (b) Form.--
            (1) In general.--The report required by subsection (a) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
            (2) Names of foreign persons listed.--The name of each 
        foreign person on the list required by subsection (a)(2) shall 
        be included in the unclassified portion of the report required 
        by subsection (a) unless the Director determines that 
        disclosing the name of the person would undermine United States 
        intelligence sources and methods or threaten the national 
        security interests of the United States.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Select Committee on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
            (2) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.

SEC. 3. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN 
              ACTIVITIES DESCRIBED IN SECTION 2(A)(2).

    (a) Imposition of Sanctions.--On and after the date that is 120 
days after the date of the enactment of this Act, the sanctions 
described in subsection (b) shall be imposed with respect to each 
foreign person on the list required by section 2(a)(2).
    (b) Sanctions Described.--
            (1) Visas, admission, or parole.--A foreign person on the 
        list required by section 2(a)(2) is--
                    (A) inadmissible to the United States;
                    (B) ineligible to receive a visa or other 
                documentation to enter the United States; and
                    (C) 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.).
            (2) Current visas revoked.--
                    (A) In general.--A foreign person on the list 
                required by section 2(a)(2) is subject to revocation of 
                any visa or other entry documentation, regardless of 
                when the visa or other entry documentation is or was 
                issued.
                    (B) Immediate effect.--A revocation under 
                subparagraph (A) shall--
                            (i) take effect immediately; and
                            (ii) automatically cancel any other valid 
                        visa or entry documentation that is in the 
                        alien's possession.
    (c) Exception To Comply With International Obligations.--Sanctions 
under subsection (b) shall not apply with respect to a foreign person 
if admitting or paroling the person 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.
    (d) Waiver in the Interest of National Security.--The President may 
waive the application of subsection (b) with respect to a foreign 
person who is A-1 visa eligible and who is present in or seeking 
admission into the United States for purposes of official business if 
the President--
            (1) determines that such a waiver is in the national 
        security interests of the United States; and
            (2) not later than 15 days before granting of the waiver, 
        submits to the appropriate congressional committees written 
        notice of, and justification for, the waiver.
    (e) Suspension of Sanctions.--
            (1) In general.--The President may suspend in whole or in 
        part the imposition of sanctions otherwise required under this 
        section for periods not to exceed 180 days if the President 
        certifies to the appropriate congressional committees that the 
        following criteria have been met in Saudi Arabia:
                    (A) The Government of Saudi Arabia has released any 
                individual who is a journalist, blogger, human rights 
                defender, advocate for religious liberty, or civil 
                society activist detained by the Government of Saudi 
                Arabia.
                    (B) The Government of Saudi Arabia is cooperating 
                in outstanding criminal proceedings in the United 
                States in which a citizen or national of Saudi Arabia 
                departed from the United States while the citizen or 
                national was awaiting trial or sentencing for a 
                criminal offense committed in the United States.
                    (C) The Government of Saudi Arabia is refraining 
                from the obstruction of the free expression of opinion 
                and restriction of individuals from engaging in public 
                criticism of the political sphere.
                    (D) The Government of Saudi Arabia has made 
                verifiable commitments to cease the practice of harming 
                citizens of Saudi Arabia conducting peaceful dissent, 
                whether or not those citizens reside in Saudi Arabia, 
                including enforced repatriation, disappearance, arrest, 
                imprisonment, or harassment.
                    (E) The Government of Saudi Arabia has taken 
                verifiable steps to hold accountable citizens and 
                nationals of Saudi Arabia who violate human rights, 
                whether or not those violations took place in Saudi 
                Arabia.
                    (F) The Government of Saudi Arabia has taken 
                verifiable steps to repeal any law or regulation that 
                requires women in Saudi Arabia to obtain approval from 
                a male guardian in order to leave the country.
                    (G) The Government of Saudi Arabia--
                            (i) has made public the names of all 
                        individuals under prosecution for the murder of 
                        Jamal Khashoggi and associated crimes and the 
                        details of the charges such individuals face;
                            (ii) has made public the trial proceedings 
                        and all evidence against the accused;
                            (iii) has invited international, 
                        independent experts to monitor the trials;
                            (iv) has made public details of efforts to 
                        establish the location of Jamal Khashoggi's 
                        remains and associated findings and returned 
                        his body to his family; and
                            (v) has made public the rationale for why 
                        10 of the individuals initially detained 
                        relating to his death were later released 
                        without charge.
                    (H) The Government of Saudi Arabia has disbanded 
                any units of its intelligence or security apparatus 
                dedicated to the forced repatriation of dissidents in 
                other countries.
                    (I) The Government of Saudi Arabia is cooperating 
                with efforts to investigate the murder of Jamal 
                Khashoggi being conducted by law enforcement 
                authorities in the United States and Turkey, or by the 
                United Nations.
            (2) Report.--The President shall submit to the appropriate 
        congressional committees with the certification under paragraph 
        (1) a report that contains a detailed description of the 
        adherence of Saudi Arabia to the criteria described in the 
        certification.
    (f) Definitions.--In this section:
            (1) Admitted; alien; national.--The terms ``admitted'', 
        ``alien'', and ``national'' have the meanings given those terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on the Judiciary, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (3) Foreign person.--The term ``foreign person'' means an 
        individual who is a citizen or national of a foreign country 
        (including any such individual who is also a citizen or 
        national of the United States).
            (4) Foreign person who is a-1 visa eligible.--The term 
        ``foreign person who is A-1 visa eligible'' means an alien 
        described in section 101(a)(15)(A)(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(A)(i)).
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 4. REPORT ON HUMAN RIGHTS RECORD OF SAUDI ARABIA.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State, in accordance with 
section 502B(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2304(c)), shall submit to the appropriate congressional committees a 
report in writing that--
            (1) includes the information required under paragraph (1) 
        of such section 502B(c) with respect to Saudi Arabia;
            (2) assesses the extent to which officials of the 
        Government of Saudi Arabia, including members of the military 
        or security services, are responsible for or complicit in gross 
        violations of internationally recognized human rights, 
        including violations of the human rights of journalists, 
        bloggers, human rights defenders, civil society activists, and 
        individuals who support women's rights or religious freedom;
            (3) describes those violations of human rights;
            (4) describes United States actions to address those 
        violations of human rights, including demands for clemency 
        review of the cases;
            (5) describes any intolerant content in educational 
        materials published by the Ministry of Education of Saudi 
        Arabia that are used in schools inside Saudi Arabia and at 
        schools throughout the world; and
            (6) describes United States actions to encourage the 
        Government of Saudi Arabia to retrieve and destroy materials 
        with intolerant material and revise teacher manuals and retrain 
        teachers to reflect changes in educational materials and 
        promote tolerance.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (c) Appropriate Congressional Committees Defined.--In the section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Select 
        Committee on Intelligence of the Senate; and
            (2) the Committee on Foreign Affairs and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
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