[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1392 Engrossed in House (EH)]

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117th CONGRESS
  1st Session
                                H. R. 1392

_______________________________________________________________________

                                 AN ACT


 
    To protect Saudi dissidents in the United States, 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 ``Protection of Saudi Dissidents Act 
of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Jamal Khashoggi, a United States resident, Saudi 
        journalist, and Washington Post columnist, was killed and 
        dismembered in the Saudi consulate in Istanbul, Turkey on 
        October 2, 2018.
            (2) At the time of his murder, Khashoggi was living in 
        Virginia under an ``O'' visa and was in the process of applying 
        for a permanent residency.
            (3) A report by the Office of the Director of National 
        Intelligence (ODNI) found that Saudi Arabia's Crown Prince 
        Muhammad bin Salman approved an operation in Istanbul, Turkey 
        to capture or kill Khashoggi.
            (4) The assessment of the ODNI was based on ``the Crown 
        Prince's control of decisionmaking in the Kingdom, the direct 
        involvement of a key adviser and members of Muhammad bin 
        Salman's protective detail in the operation, and the Crown 
        Prince's support for using violent measures to silence 
        dissidents abroad''.
            (5) The report also reiterates that ``the Crown Prince has 
        had absolute control of the Kingdom's security and intelligence 
        organizations'' since 2017.

SEC. 3. RESTRICTIONS ON TRANSFERS OF DEFENSE ARTICLES AND SERVICES, 
              DESIGN AND CONSTRUCTION SERVICES, AND MAJOR DEFENSE 
              EQUIPMENT TO SAUDI ARABIA.

    (a) Initial Period.--During the 120-day period beginning on the 
date of the enactment of this Act, the President may not sell, 
authorize a license for the export of, or otherwise transfer any 
defense articles or defense services, design and construction services, 
or major defense equipment under the Arms Export Control Act (22 U.S.C. 
2751 et seq.) to an intelligence, internal security, or law enforcement 
agency or instrumentality of the Government of Saudi Arabia, or to any 
person acting as an agent of or on behalf of such agency or 
instrumentality.
    (b) Subsequent Periods.--
            (1) In general.--During the 120-day period beginning after 
        the end of the 120-day period described in subsection (a), and 
        each 120-day period thereafter, the President may not sell, 
        authorize a license for the export of, or otherwise transfer 
        any defense articles or services, design and construction 
        services, or major defense equipment under the Arms Export 
        Control Act (22 U.S.C. 2751 et seq.), regardless of the amount 
        of such articles, services, or equipment, to an intelligence, 
        internal security, or law enforcement agency or instrumentality 
        of the Government of Saudi Arabia, or to any person acting as 
        an agent of or on behalf of such agency or instrumentality, 
        unless the President has submitted to the chairman and ranking 
        member of the appropriate congressional committees a 
        certification described in paragraph (2).
            (2) Certification.--A certification described in this 
        paragraph is a certification that contains a determination of 
        the President that, during the 120-day period preceding the 
        date of submission of the certification, the United States 
        Government has not determined that the Government of Saudi 
        Arabia has conducted any of the following activities:
                    (A) Forced repatriation, intimidation, or killing 
                of dissidents in other countries.
                    (B) The unjust imprisonment in Saudi Arabia of 
                United States citizens or aliens lawfully admitted for 
                permanent residence or the prohibition on these 
                individuals and their family members from exiting Saudi 
                Arabia.
                    (C) Torture of detainees in the custody of the 
                Government of Saudi Arabia.
    (c) Exception.--The restrictions in this section shall not apply 
with respect to the sale, authorization of a license for export, or 
transfer of any defense articles or services, design and construction 
services, or major defense equipment under the Arms Export Control Act 
(22 U.S.C. 2751 et seq.) for use in--
            (1) the defense of the territory of Saudi Arabia from 
        external threats; or
            (2) the defense of United States military or diplomatic 
        personnel or United States facilities located in Saudi Arabia.
    (d) Waiver.--
            (1) In general.--The President may waive the restrictions 
        in this section if the President submits to the appropriate 
        congressional committees a report not later than 15 days before 
        the granting of such waiver that contains--
                    (A) a determination of the President that such a 
                waiver is in the vital national security interests of 
                the United States; and
                    (B) a detailed justification for the use of such 
                waiver and the reasons why the restrictions in this 
                section cannot be met.
            (2) Form.--The report required by this subsection shall be 
        submitted in unclassified form, but may contain a classified 
        annex.
    (e) Sunset.--This section shall terminate on the date that is 3 
years after the date of the enactment of this Act.
    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Permanent Select 
        Committee on Intelligence, and the Committee on Armed Services 
        of the House of Representatives; and
            (2) the Committee on Foreign Relations, the Select 
        Committee on Intelligence, and the Committee on Armed Services 
        of the Senate.

SEC. 4. REPORT ON CONSISTENT PATTERN OF ACTS OF INTIMIDATION OR 
              HARASSMENT DIRECTED AGAINST INDIVIDUALS IN THE UNITED 
              STATES.

    (a) Findings.--Congress finds the following:
            (1) Section 6 of the Arms Export Control Act (22 U.S.C. 
        2756) states that ``no transfers or letters of offer may be 
        issued, no credits or guarantees may be extended, and no export 
        licenses may be issued under this Act with respect to any 
        country determined by the President to be engaged in a 
        consistent pattern of acts of intimidation or harassment 
        directed against individuals in the United States''.
            (2) Section 6 of the Arms Export Control Act further 
        requires the President to report any such determination 
        promptly to the Speaker of the House of Representatives, the 
        Committee on Foreign Affairs of the House of Representatives, 
        and to the chairman of the Committee on Foreign Relations of 
        the Senate.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the President shall submit to the appropriate 
congressional committees a report on--
            (1) whether any official of the Government of Saudi Arabia 
        engaged in a consistent pattern of acts of intimidation or 
        harassment directed against Jamal Khashoggi or any individual 
        in the United States; and
            (2) whether any United States-origin defense articles were 
        used in the activities described in paragraph (1).
    (c) Form.--The report required by subsection (b) shall be submitted 
in unclassified form but may contain a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations and the Select 
        Committee on Intelligence of the Senate.

SEC. 5. REPORT AND CERTIFICATION WITH RESPECT TO SAUDI DIPLOMATS AND 
              DIPLOMATIC FACILITIES IN THE UNITED STATES.

    (a) Report.--Not later than 120 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a report covering the three-year period 
preceding such date of enactment regarding whether and to what extent 
covered persons used diplomatic credentials, visas, or covered 
facilities to facilitate monitoring, tracking, surveillance, or 
harassment of, or harm to, other nationals of Saudi Arabia living in 
the United States.
    (b) Certification.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, and each 120-day period thereafter, 
        the President shall, if the President determines that such is 
        the case, submit to the appropriate congressional committees a 
        certification that the United States Government has not 
        determined covered persons to be using diplomatic credentials, 
        visas, or covered facilities to facilitate serious harassment 
        of, or harm to, other nationals of Saudi Arabia living in the 
        United States during the time period covered by each such 
        certification.
            (2) Failure to submit certification.--If the President does 
        not submit a certification under paragraph (1), the President 
        shall--
                    (A) close one or more covered facilities for such 
                period of time until the President does submit such a 
                certification; and
                    (B) submit to the appropriate congressional 
                committee a report that contains--
                            (i) a detailed explanation of why the 
                        President is unable to make such a 
                        certification;
                            (ii) a list and summary of engagements of 
                        the United States Government with the 
                        Government of Saudi Arabia regarding the use of 
                        diplomatic credentials, visas, or covered 
                        facilities described in paragraph (1); and
                            (iii) a description of actions the United 
                        States Government has taken or intends to take 
                        in response to the use of diplomatic 
                        credentials, visas, or covered facilities 
                        described in paragraph (1).
    (c) Form.--The report required by subsection (a) and the 
certification and report required by subsection (b) shall be submitted 
in unclassified form but may contain a classified annex.
    (d) Waiver.--
            (1) In general.--The President may waive the restrictions 
        in this section if the President submits to the appropriate 
        congressional committees a report not later than 15 days before 
        the granting of such waiver that contains--
                    (A) a determination of the President that such a 
                waiver is in the vital national security interests of 
                the United States; and
                    (B) a detailed justification for the use of such 
                waiver and the reasons why the restrictions in this 
                section cannot be met.
            (2) Form.--The report required by this subsection shall be 
        submitted in unclassified form, but may contain a classified 
        annex.
    (e) Sunset.--This section shall terminate on the date that is 3 
years after the date of the enactment of this Act.
    (f) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Select Committee on Intelligence of the Senate.
            (2) Covered facility.--The term ``covered facility'' means 
        a diplomatic or consular facility of Saudi Arabia in the United 
        States.
            (3) Covered person.--The term ``covered person'' means a 
        national of Saudi Arabia credentialed to a covered facility.

SEC. 6. REPORT ON THE DUTY TO WARN OBLIGATION OF THE GOVERNMENT OF THE 
              UNITED STATES.

    (a) Findings.--Congress finds that Intelligence Community Directive 
191 provides that--
            (1) when an element of the intelligence community of the 
        United States collects or acquires credible and specific 
        information indicating an impending threat of intentional 
        killing, serious bodily injury, or kidnapping directed at a 
        person, the agency must ``warn the intended victim or those 
        responsible for protecting the intended victim, as 
        appropriate'' unless an applicable waiver of the duty is 
        granted by the appropriate official within the element; and
            (2) when issues arise with respect to whether the threat 
        information rises to the threshold of ``duty to warn'', the 
        directive calls for resolution in favor of warning the intended 
        victim.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence, in coordination 
with the heads of other relevant United States intelligence agencies, 
shall submit to the appropriate congressional committees a report with 
respect to--
            (1) whether and how the intelligence community fulfilled 
        its duty to warn Jamal Khashoggi of threats to his life and 
        liberty pursuant to Intelligence Community Directive 191; and
            (2) in the case of the intelligence community not 
        fulfilling its duty to warn as described in paragraph (1), why 
        the intelligence community did not fulfill this duty.
    (c) Form.--The report required by subsection (b) shall be submitted 
in unclassified form but may contain a classified annex.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Select Committee on Intelligence of the Senate.
            (2) Duty to warn.--The term ``duty to warn'' has the 
        meaning given that term in Intelligence Community Directive 
        191, as in effect on July 21, 2015.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            (4) Relevant united states intelligence agency.--The term 
        ``relevant United States intelligence agency'' means any 
        element of the intelligence community that may have possessed 
        intelligence reporting regarding threats to Jamal Khashoggi.

SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives April 21, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 1392

_______________________________________________________________________

                                 AN ACT

    To protect Saudi dissidents in the United States, and for other 
                               purposes.