[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3461-S3462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1983. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 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 appropriate place, insert the following:

     SEC. __. PRESERVATION OF AMERICAN JUSTICE.

       (a) Short Title.--This section may be cited as the 
     ``Preservation of American Justice Act''.
       (b) Investigation of Certain Foreign Nationals.--
       (1) Investigation.--Not later than 90 days after the date 
     of enactment of this Act, the

[[Page S3462]]

     Attorney General shall complete an investigation of whether 
     the Government of Saudi Arabia materially assisted or 
     facilitated any citizen or national of Saudi Arabia, 
     including Abdulrahman Noorah, Abdulaziz Al Duways, Waleed Ali 
     Alharthi, Suliman Ali Algwaiz, and Ali Hussain Alhamoud, in 
     departing from the United States while the citizen or 
     national was awaiting trial or sentencing for a criminal 
     offense committed in the United States.
       (2) Report.--If the Attorney General determines that the 
     Government of Saudi Arabia did materially assist or 
     facilitate a citizen or national of Saudi Arabia as described 
     in paragraph (1), the Attorney General shall submit a written 
     report to Congress and the Secretary of State detailing the 
     findings of the investigation.
       (3) Prohibition on issuance and revocation of certain 
     visas.--
       (A) In general.--Except as provided under subparagraph (B), 
     if the Secretary of State receives a report under paragraph 
     (2), the Secretary of State may not issue a visa, and shall 
     revoke any visa issued, to a Member of the Council of 
     Ministers of Saudi Arabia, an immediate family member of a 
     Member of the Council of Ministers of Saudi Arabia, a 
     descendant of the King of Saudi Arabia, or an immediate 
     family member of such a descendant until the date on which 
     the citizen or national of Saudi Arabia described in the 
     report is extradited to the United States for completion of 
     the trial or sentencing.
       (B) Exception.--The Secretary of State may issue a visa 
     otherwise prohibited under subparagraph (A), or not revoke a 
     visa otherwise required to be revoked under such 
     subparagraph, if the Secretary determines that it is 
     necessary--
       (i) to enable the President to receive an Ambassador or 
     other public Minister under Article II, section 3, of the 
     Constitution in a manner consistent with the Vienna 
     Conventions on Diplomatic and Consular Relations; or
       (ii) 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 with any other applicable international 
     obligations.
       (C) Vienna conventions on diplomatic and consular relations 
     defined.--In this paragraph, the term ``Vienna Conventions on 
     Diplomatic and Consular Relations'' means--
       (i) the Vienna Convention on Diplomatic Relations, done at 
     Vienna April 18, 1961; and
       (ii) the Vienna Convention on Consular Relations, done at 
     Vienna April 24, 1963.
       (c) Treatment of Foreign Nationals Fleeing the United 
     States During Criminal Proceedings.--
       (1) Foreign national defined.--In this subsection, the term 
     ``foreign national'' means an individual in the United States 
     who is not a citizen of the United States.
       (2) Report.--Not later than 6 months after the date of 
     enactment of this Act, and once every year thereafter, the 
     Attorney General, acting through the Director of the Bureau 
     of Justice Statistics, in coordination with the Secretary of 
     Homeland Security, shall--
       (A) collect information from State courts and law 
     enforcement agencies on any foreign nationals who have, 
     during the reporting period, departed from the United States 
     while awaiting trial or sentencing for a criminal offense 
     committed in the United States; and
       (B) publish a report based on the information collected 
     under subparagraph (A).
       (3) List of countries.--
       (A) In general.--The Attorney General, in coordination with 
     the Director of National Intelligence, shall establish and 
     maintain a list of countries the governments of which have, 
     in the determination of the Attorney General, materially 
     assisted or facilitated the departure of any foreign national 
     included in the report required under paragraph (2).
       (B) Determination.--In establishing and maintaining the 
     list required under subparagraph (A), the Attorney General--
       (i) shall take into account the information in the annual 
     reports published under paragraph (2)(B); and
       (ii) may include or remove any country as the Attorney 
     General determines appropriate.
       (C) Report to congress.--Not later than 1 year after the 
     date of enactment of this Act, and once every year 
     thereafter, the Attorney General shall submit to Congress a 
     report on the procedures used by the Attorney General in 
     determining which countries are on the list maintained under 
     subparagraph (A).
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