[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.
                                 ______