[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Pages S7737-S7739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4239. Mr. MENENDEZ (for himself, Mr. Leahy, and Mr. Wyden) 
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 title XII, add the following:

 Subtitle H--Saudi Arabia Accountability for Gross Violations of Human 
                               Rights Act

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Saudi Arabia 
     Accountability for Gross Violations of Human Rights Act''.

     SEC. 1292. FINDINGS.

       Congress finds the following:
       (1) On October 2, 2018, Washington Post journalist Jamal 
     Khashoggi was murdered by Saudi Government agents in 
     Istanbul.
       (2) According to the United Nations Special Rapporteur's 
     June 2019 report, Mr. Khashoggi contacted the Saudi Embassy 
     in Washington regarding required documentation he needed to 
     obtain from Saudi authorities and ``was told to obtain the 
     document from the Saudi embassy in Turkey''.
       (3) According to press reports, Mr. Khashoggi's associates 
     were surveilled after having their phones infiltrated by 
     spyware.
       (4) On July 15, 2019, the House of Representatives passed 
     by a margin of 405-7 the Saudi Arabia Human Rights and 
     Accountability Act of 2019 (H.R. 2037), which required--
       (A) an unclassified report by the Director of National 
     Intelligence on parties responsible for Khashoggi's murder, a 
     requirement ultimately inserted into and passed as part of 
     the National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92);
       (B) visa sanctions on all persons identified in such 
     report; and
       (C) a report on human rights in Saudi Arabia.
       (5) On February 26, 2021, the Director of National 
     Intelligence released the report produced pursuant to 
     congressional direction, which stated, ``we assess that Saudi 
     Arabia's Crown Prince Muhammad bin Salman approved an 
     operation in Istanbul, Turkey to capture or kill Saudi 
     journalist Jamal Khashoggi.''. The report also identified 
     several individuals who ``participated in, ordered, or were 
     otherwise complicit in or responsible for the death of Jamal 
     Khashoggi on behalf of Muhammad bin Salman. We do not know 
     whether these individuals knew in advance that the operation 
     would result in Khashoggi's death.''.
       (6) Section 7031(c) of division K of the Consolidated 
     Appropriations Act, 2021 states ``Officials of foreign 
     governments and their immediate family members about whom the 
     Secretary of State has credible information have been 
     involved, directly or indirectly, in. . .a gross violation of 
     human rights. . . shall be ineligible for entry into the 
     United States.''.
       (7) Section 6 of the Arms Export Control Act (22 U.S.C. 
     2756) provides that no letters of offer may be issued, no 
     credits or guarantees may be extended, and no export licenses 
     may be issued 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''.
       (8) Section 502B of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2304) directs the President to formulate and conduct 
     international

[[Page S7738]]

     security assistance programs of the United States in a manner 
     which will ``promote and advance human rights and avoid 
     identification of the United States, through such programs, 
     with governments which deny to their people internationally 
     recognized human rights and fundamental freedoms, in 
     violation of international law or in contravention of the 
     policy of the United States''.
       (9) Secretary of State Antony Blinken on February 26, 2021, 
     stated: ``As a matter of safety for all within our borders, 
     perpetrators targeting perceived dissidents on behalf of any 
     foreign government should not be permitted to reach American 
     soil. . . We have made absolutely clear that extraterritorial 
     threats and assaults by Saudi Arabia against activists, 
     dissidents, and journalists must end.''.

     SEC. 1293. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LISTED 
                   IN THE REPORT OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE ON THE MURDER OF JAMAL KHASHOGGI.

       (a) Imposition of Sanctions.--On and after the date that is 
     60 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 listed in the Office of the 
     Director of National Intelligence report titled ``Assessing 
     the Saudi Government's Role in the Killing of Jamal 
     Khashoggi'', dated February 11, 2021.
       (b) Sanctions Described.--
       (1) In general.--The sanctions described in this subsection 
     are the following:
       (A) Ineligibility for visas and admission to the united 
     states.--
       (i) Inadmissibility to the United States.
       (ii) Ineligibility to receive a visa or other documentation 
     to enter the United States.
       (iii) Ineligibility to otherwise be admitted or paroled 
     into the United States or to receive any other benefit under 
     the Immigration and Nationality Act (8 U.S.C. 110 et seq.).
       (B) Current visas revoked.--
       (i) Revocation of any visa or other entry documentation 
     regardless of when the visa or other entry documentation is 
     or was issued.
       (ii) A revocation under clause (i) shall--

       (I) take effect immediately; and
       (II) automatically cancel any other valid visa or entry 
     documentation that is in the foreign person's possession.

       (2) Exception to comply with international obligations.--
     Sanctions under paragraph (1) 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.
       (3) Waiver in the interest of national security.--The 
     President may waive for an individual entry into the United 
     States the application of this section 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 determines and transmits 
     to the appropriate congressional committees an unclassified 
     written notice and justification not later than 15 days 
     before the granting of such waiver, that such a waiver is in 
     the national security interests of the United States.
       (c) Suspension of Sanctions.--
       (1) In general.--The President may suspend in whole or in 
     part the imposition of sanctions otherwise required under 
     this section 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 is not arbitrarily 
     detaining citizens or legal residents of the United States 
     for arbitrary political reasons, including criticism of Saudi 
     government policies, peaceful advocacy of political beliefs, 
     or the pursuit of United States citizenship.
       (B) The Government of Saudi Arabia is cooperating in 
     outstanding criminal proceedings in the United States in 
     which a Saudi citizen or national 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 has made significant 
     numerical reductions in individuals detained for peaceful 
     political reasons, including activists, journalists, 
     bloggers, lawyers, or critics.
       (D) The Government of Saudi Arabia has disbanded any units 
     of its intelligence or security apparatus dedicated to the 
     forced repatriation of dissidents or critical voices in other 
     countries.
       (E) The Government of Saudi Arabia has made meaningful 
     public commitments to uphold internationally recognized 
     standards governing the use, sale, and transfer of digital 
     surveillance items and services that can be used to abuse 
     human rights.
       (F) The Government of Saudi Arabia has instituted 
     meaningful legal reforms to protect the rights of women, the 
     rights of freedom of expression and religion, and due process 
     in its judicial system.
       (2) Report.--Accompanying the certification described in 
     paragraph (1), the President shall submit to the appropriate 
     congressional committees a report that contains a detailed 
     description of Saudi Arabia's adherence to the criteria 
     described in the certification.
       (d) Definitions.--In this section:
       (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
     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 Affairs, the Committee on the 
     Judiciary, and the Permanent Select Committee on Intelligence 
     of the House of Representatives; and
       (B) the Committee on Foreign Relations, the Committee on 
     the Judiciary, and the Select Committee on Intelligence of 
     the Senate.
       (3) Foreign person.--The term ``foreign person'' means any 
     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) National.--The term ``national'', with respect to an 
     individual, has the meaning given that term in section 101 of 
     the Immigration and Nationality Act (8 U.S.C. 1101).
       (6) 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. 1294. REPORT ON INTIMIDATION OR HARASSMENT DIRECTED 
                   AGAINST INDIVIDUALS IN THE UNITED STATES AND 
                   OTHER MATTERS.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State, in consultation with the Director of 
     National Intelligence and the Director of the Federal Bureau 
     of Investigation, shall submit to the appropriate 
     congressional committees a report identifying any entities, 
     instrumentalities, or agents of the Government of Saudi 
     Arabia engaged in ``a consistent pattern of acts of 
     intimidation or harassment directed against individuals in 
     the United States'' pursuant to section 6 of the Arms Export 
     Control Act (22 U.S.C. 2756).
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include the following:
       (1) A detailed description of such acts in the preceding 
     period.
       (2) A certification of whether such acts during the 
     preceding period constitute a ``consistent pattern of acts of 
     intimidation or harassment directed against individuals in 
     the United States'' pursuant to section 6 of the Arms Export 
     Control Act (22 U.S.C. 2756).
       (3) A determination of whether any United States-origin 
     defense articles were used in the commission of such acts.
       (4) A determination of whether entities, instrumentalities, 
     or agents of the Government of Saudi Arabia supported or 
     received support from foreign governments, including China, 
     in the commission of such acts.
       (5) Any actions taken by the United States Government to 
     deter incidents of intimidation or harassment directed 
     against individuals in the United States.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (d) Sunset.--This section shall terminate on the date that 
     is 5 years after the date of the enactment of this Act.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (2) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate.

     SEC. 1295. REPORT ON EFFORTS TO UPHOLD HUMAN RIGHTS IN UNITED 
                   STATES SECURITY ASSISTANCE PROGRAMS WITH THE 
                   GOVERNMENT OF SAUDI ARABIA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     on efforts of the Department of State to ensure that United 
     States security assistance programs with Saudi Arabia are 
     formulated in a manner that will ``avoid identification of 
     the United States, through such programs, with governments 
     which deny to their people internationally recognized human 
     rights and fundamental freedoms'' in accordance with section 
     502B of the Foreign Assistance Act (22 U.S.C. 2304).
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representative.

[[Page S7739]]

  


     SEC. 1296. REPORT ON CERTAIN ENTITIES CONNECTED TO FOREIGN 
                   PERSONS ON THE MURDER OF JAMAL KHASHOGGI.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the heads of appropriate agencies, shall 
     submit to the appropriate congressional committees a report 
     on private, commercial, and nongovernmental entities, 
     including non-profit foundations, controlled in whole or in 
     part by any foreign person named in the Office of the 
     Director of National Intelligence report titled ``Assessing 
     the Saudi Government's Role in the Killing of Jamal 
     Khashoggi'', dated February 11, 2021.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include the following:
       (1) A description of such entities.
       (2) A detailed assessment, based in part on credible open 
     sources and other publicly-available information, of the 
     roles, if any, such entities played in the murder of Jamal 
     Khashoggi or any other gross violations of internationally 
     recognized human rights.
       (3) A certification of whether any such entity is subject 
     to sanctions pursuant to the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 2656 note).
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include 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.
                                 ______