[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5710-S5711]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6181. Mr. MERKLEY (for himself and Mr. Markey) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 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. 1276. PROTECTION OF SAUDI DISSIDENTS.
(a) Restrictions on Transfers of Defense Articles and
Services, Design and Construction Services, and Major Defense
Equipment to Saudi Arabia.--
(1) 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.
(2) Subsequent periods.--
(A) In general.--During the 120-day period beginning after
the end of the 120-day period described in paragraph (1), 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 committees of
Congress a certification described in subparagraph (B).
(B) 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:
(i) Forced repatriation, intimidation, or killing of
dissidents in other countries.
(ii) 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.
(iii) Torture of detainees in the custody of the Government
of Saudi Arabia.
(3) Exception.--The restrictions in this subsection 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--
(A) the defense of the territory of Saudi Arabia from
external threats; or
(B) the defense of United States military or diplomatic
personnel or United States facilities located in Saudi
Arabia.
(4) Waiver.--
(A) In general.--The President may waive the restrictions
in this subsection if the President submits to the
appropriate committees of Congress a report not later than 15
days before the granting of such waiver that contains--
(i) a determination of the President that such a waiver is
in the vital national security interests of the United
States; and
(ii) a detailed justification for the use of such waiver
and the reasons why the restrictions in this subsection
cannot be met.
(B) Form.--The report required by this paragraph shall be
submitted in unclassified form but may contain a classified
annex.
(5) Sunset.--This subsection shall terminate on the date
that is three years after the date of the enactment of this
Act.
(6) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on Armed
Services of the Senate; and
(B) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on Armed
Services of the House of Representatives.
(b) Report on Consistent Pattern of Acts of Intimidation or
Harassment Directed Against Individuals in the United
States.--
(1) Findings.--Congress finds the following:
(A) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) states the following: ``No 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''.
(B) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) further requires the President to report any such
determination promptly to the Committee on Foreign Relations
of the Senate, the Committee on Foreign Affairs of the House
of Representatives, and the Speaker of the House of
Representatives.
(2) Report on acts of intimidation or harassment against
individuals in the united states.--Not later than 60 days
after the date of the enactment of this Act, the President
shall submit to the appropriate committees of Congress a
report on--
(A) 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
(B) whether any United States-origin defense articles were
used in the activities described in subparagraph (A).
[[Page S5711]]
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
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.
(c) Report and Certification With Respect to Saudi
Diplomats and Diplomatic Facilities in the United States.--
(1) Report on saudi diplomats and diplomatic facilities in
united states.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the
appropriate committees of Congress 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.
(2) Certification.--
(A) 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 committees
of Congress 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.
(B) Failure to submit certification.--If the President does
not submit a certification under subparagraph (A), the
President shall--
(i) close one or more covered facilities for such period of
time until the President does submit such a certification;
and
(ii) submit to the appropriate committees of Congress 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 subparagraph (A); 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 subparagraph (A).
(3) Form.--The report required by paragraph (1) and the
certification and report required by paragraph (2) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Waiver.--
(A) In general.--The President may waive the restrictions
in this subsection if the President submits to the
appropriate committees of Congress a report not later than 15
days before the granting of such waiver that contains--
(i) a determination of the President that such a waiver is
in the vital national security interests of the United
States; and
(ii) a detailed justification for the use of such waiver
and the reasons why the restrictions in this subsection
cannot be met.
(B) Form.--The report required by this subsection shall be
submitted in unclassified form but may contain a classified
annex.
(5) Sunset.--This subsection shall terminate on the date
that is three years after the date of the enactment of this
Act.
(6) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(ii) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(B) Covered facility.--The term ``covered facility'' means
a diplomatic or consular facility of Saudi Arabia in the
United States.
(C) Covered person.--The term ``covered person'' means a
national of Saudi Arabia credentialed to a covered facility.
(d) Report on the Duty to Warn Obligation of the Government
of the United States.--
(1) Findings.--Congress finds that Intelligence Community
Directive 191 provides that--
(A) 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
(B) 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.
(2) Report on duty to warn.--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 committees of Congress a report
with respect to--
(A) 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
(B) in the case of the intelligence community not
fulfilling its duty to warn as described in subparagraph (A),
why the intelligence community did not fulfill this duty.
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form but may contain a classified
annex.
(4) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(ii) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(B) 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.
(C) 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)).
(D) 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.
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