Saudi Arabia Accountability for Gross Violations of Human Rights Act

I 117TH CONGRESS 1ST SESSION H. R. 1464 To impose sanctions with respect to foreign persons 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. IN THE HOUSE OF REPRESENTATIVES MARCH 1, 2021 Mr. MALINOWSKI (for himself, Mr. KIM of New Jersey, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To impose sanctions with respect to foreign persons 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Saudi Arabia Account- 4 ability for Gross Violations of Human Rights Act’’. 5 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 1464 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) On October 2, 2018, Washington Post jour- 3 nalist Jamal Khashoggi was murdered by Saudi gov- 4 ernment agents in Istanbul, having reportedly been 5 lured out of the United States by Saudi diplomatic 6 officials in Washington, DC, and monitored through 7 surveillance spyware. 8 (2) On July 25, 2019, the House of Represent- 9 atives passed by a margin of 405–7 the Saudi Ara- 10 bia Human Rights and Accountability Act of 2019, 11 which required— 12 (A) an unclassified report by the Director 13 of National Intelligence on parties responsible 14 for Khashoggi’s murder, a requirement ulti- 15 mately inserted into and passed as part of the 16 National Defense Authorization Act for Fiscal 17 Year 2020; 18 (B) visa sanctions on all persons identified 19 in such report; and 20 (C) a report on human rights on Saudi 21 Arabia. 22 (3) On February 26, 2021, the Director of Na- 23 tional Intelligence released the report produced pur- 24 suant to congressional direction, directly implicating 25 Saudi Crown Prince Mohammed bin Salman and 26 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 1464 IH other senior Saudi officials in the planning and di- 1 rection of Khashoggi’s murder. 2 (4) Section 7031(c) of division K of the Con- 3 solidated Appropriations Act, 2021 (Public Law 4 116–260) requires the Secretary of State to deny 5 entry into the United States of ‘‘officials of foreign 6 governments and their immediate family members 7 about whom the Secretary of State has credible in- 8 formation have been involved, directly or indirectly, 9 in . . . a gross violation of human rights’’. 10 (5) The Arms Export Control Act (22 U.S.C. 11 2751 et seq.) prohibits weapons transfers to foreign 12 countries determined by the President to be engaged 13 in a ‘‘pattern of acts of intimidation or harassment 14 directed against individuals in the United States’’. 15 (6) The Foreign Assistance Act of 1961 (22 16 U.S.C. 2151 et seq.) directs the President to formu- 17 late and conduct international security assistance 18 programs of the United States in a manner which 19 will ‘‘avoid identification of the United States, 20 through such programs, with governments which 21 deny to their people internationally recognized 22 human rights and fundamental freedoms’’. 23 (7) Secretary of State Antony Blinken has af- 24 firmed the United States national interest in pre- 25 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 1464 IH venting authoritarian foreign governments from 1 reaching beyond their borders to intimidate or harm 2 persons within the United States, stating that: ‘‘As 3 a matter of safety for all within our borders, per- 4 petrators targeting perceived dissidents on behalf of 5 any foreign government should not be permitted to 6 reach American soil. . . . We have made absolutely 7 clear that extraterritorial threats and assaults by 8 Saudi Arabia against activists, dissidents, and jour- 9 nalists must end.’’. 10 SEC. 3. SANCTIONS WITH RESPECT TO FOREIGN PERSONS 11 LISTED IN THE REPORT OF THE DIRECTOR 12 NATIONAL INTELLIGENCE ON THE MURDER 13 OF JAMAL KHASHOGGI. 14 (a) IMPOSITION OF SANCTIONS.—On and after the 15 date that is 30 days after the date of the enactment of 16 this Act, the sanctions described in subsection (b) shall 17 be imposed with respect to each foreign person listed in 18 the Office of the Director of National Intelligence report 19 titled ‘‘Assessing the Saudi Government’s Role in the Kill- 20 ing of Jamal Khashoggi’’, dated February 11, 2021. 21 (b) SANCTIONS DESCRIBED.— 22 (1) IN GENERAL.—The sanctions described in 23 this subsection are the following: 24 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 5 •HR 1464 IH (A) INELIGIBILITY FOR VISAS AND ADMIS- 1 SION TO THE UNITED STATES.— 2 (i) Inadmissibility to the United 3 States. 4 (ii) Ineligibility to receive a visa or 5 other documentation to enter the United 6 States. 7 (iii) Ineligibility to otherwise be ad- 8 mitted or paroled into the United States or 9 to receive any other benefit under the Im- 10 migration and Nationality Act (8 U.S.C. 11 110 et seq.). 12 (B) CURRENT VISAS REVOKED.— 13 (i) Revocation of any visa or other 14 entry documentation regardless of when 15 the visa or other entry documentation is or 16 was issued. 17 (ii) A revocation under clause (i) 18 shall— 19 (I) take effect immediately; and 20 (II) automatically cancel any 21 other valid visa or entry documenta- 22 tion that is in the foreign person’s 23 possession. 24 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 6 •HR 1464 IH (2) EXCEPTION TO COMPLY WITH INTER- 1 NATIONAL OBLIGATIONS.—Sanctions under para- 2 graph (1) shall not apply with respect to a foreign 3 person if admitting or paroling the person into the 4 United States is necessary to permit the United 5 States to comply with the Agreement regarding the 6 Headquarters of the United Nations, signed at Lake 7 Success June 26, 1947, and entered into force No- 8 vember 21, 1947, between the United Nations and 9 the United States, or other applicable international 10 obligations. 11 (3) WAIVER IN THE INTEREST OF NATIONAL 12 SECURITY.—The President may waive for an indi- 13 vidual entry into the United States the application 14 of this section with respect to a foreign person who 15 is A–1 visa eligible and who is present in or seeking 16 admission into the United States for purposes of of- 17 ficial business if the President determines and trans- 18 mits to the appropriate congressional committees an 19 unclassified written notice and justification not later 20 than 15 days before the granting of such waiver, 21 that such a waiver is in the national security inter- 22 ests of the United States. 23 (c) SUSPENSION OF SANCTIONS.— 24 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 7 •HR 1464 IH (1) IN GENERAL.—The President may suspend 1 in whole or in part the imposition of sanctions other- 2 wise required under this section if the President cer- 3 tifies to the appropriate congressional committees 4 that the following criteria have been met in Saudi 5 Arabia: 6 (A) The Government of Saudi Arabia is 7 not arbitrarily detaining citizens or legal resi- 8 dents of the United States or any other third 9 country for arbitrary political reasons, including 10 criticism of Saudi government policies, peaceful 11 advocacy of political beliefs, or the pursuit of 12 United States citizenship. 13 (B) The Government of Saudi Arabia is 14 cooperating in outstanding criminal proceedings 15 in the United States in which a Saudi citizen or 16 national departed from the United States while 17 the citizen or national was awaiting trial or sen- 18 tencing for a criminal offense committed in the 19 United States. 20 (C) The Government of Saudi Arabia has 21 made significant numerical reductions in indi- 22 viduals detained for peaceful political reasons, 23 including activists, journalists, bloggers, law- 24 yers, or critics. 25 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 8 •HR 1464 IH (D) The Government of Saudi Arabia has 1 disbanded any units of its intelligence or secu- 2 rity apparatus dedicated to the forced repatri- 3 ation of dissidents or critical voices in other 4 countries. 5 (E) The Government of Saudi Arabia has 6 made meaningful commitments to a multilateral 7 framework on the lawful use, sale, transfer of 8 digital surveillance items and services that can 9 be used to abuse human rights. 10 (F) The Government of Saudi Arabia has 11 instituted meaningful legal reforms to protect 12 the rights of freedom of expression, religion, 13 women’s rights, and due process in its judicial 14 system. 15 (2) REPORT.—Accompanying the certification 16 described in paragraph (1), the President shall sub- 17 mit to the appropriate congressional committees a 18 report that contains a detailed description of Saudi 19 Arabia’s adherence to the criteria described in the 20 certification. 21 (d) DEFINITIONS.—In this section: 22 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 23 and ‘‘alien’’ have the meanings given those terms in 24 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 9 •HR 1464 IH section 101 of the Immigration and Nationality Act 1 (8 U.S.C. 1101). 2 (2) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (A) the Committee on Foreign Affairs, the 6 Committee on the Judiciary, and the Perma- 7 nent Select Committee on Intelligence of the 8 House of Representatives; and 9 (B) the Committee on Foreign Relations, 10 the Committee on the Judiciary, and the Select 11 Committee on Intelligence of the Senate. 12 (3) FOREIGN PERSON.—The term ‘‘foreign per- 13 son’’ has the meaning given such term in section 14 595.304 of title 31, Code of Federal Regulations (as 15 in effect on the day before the date of the enactment 16 of this Act), except that such term does not include 17 an entity (as such term is described in such section). 18 (4) FOREIGN PERSON WHO IS A–1 VISA ELIGI- 19 BLE.—The term ‘‘foreign person who is A–1 visa eli- 20 gible’’ means an alien described in section 21 101(a)(15)(A)(i) of the Immigration and Nationality 22 Act (8 U.S.C. 1101(a)(15)(A)(i)). 23 (5) UNITED STATES PERSON.—The term 24 ‘‘United States person’’ means— 25 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 10 •HR 1464 IH (A) a United States citizen or an alien law- 1 fully admitted for permanent residence to the 2 United States; or 3 (B) an entity organized under the laws of 4 the United States or any jurisdiction within the 5 United States, including a foreign branch of 6 such an entity. 7 SEC. 4. REPORT AND SUSPENSION OF ASSISTANCE FOR IN- 8 CIDENTS OF ARBITRARY DETENTION, VIO- 9 LENCE, AND STATE-SANCTIONED HARASS- 10 MENT BY THE GOVERNMENT OF SAUDI ARA- 11 BIA AGAINST UNITED STATES CITIZENS AND 12 THEIR FAMILY MEMBERS. 13 (a) IN GENERAL.—Not later than 180 days after the 14 date of the enactment of this Act, and every 6 months 15 thereafter, the Secretary of State, in consultation with the 16 Director of National Intelligence and the Director of the 17 Federal Bureau of Investigation, shall submit to the ap- 18 propriate congressional committees a report on incidents 19 of arbitrary detention, violence, and state-sanctioned har- 20 assment by the Government of Saudi Arabia against 21 United States citizens and their family members who are 22 not United States citizens, in the United States and for- 23 eign countries. 24 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 11 •HR 1464 IH (b) MATTERS TO BE INCLUDED.—The report re- 1 quired by subsection (a) shall include— 2 (1) a detailed description of such incidents in 3 the past 5 years; 4 (2) a certification of whether Saudi Arabia is 5 engaging in a ‘‘pattern of acts of intimidation or 6 harassment directed against individuals in the 7 United States’’ pursuant to section 6 of the Arms 8 Export Control Act (22 U.S.C. 2756); and 9 (3) any other actions taken to deter incidents of 10 intimidation or harassment against Americans and 11 their families by such government’s security agen- 12 cies. 13 (c) FORM.—The report required by subsection (a) 14 shall be submitted in unclassified form. 15 (d) SUSPENSION OF ASSISTANCE.—If the President 16 determines in any report issued pursuant to subsection (a) 17 that the Government of Saudi Arabia has engaged in a 18 pattern of acts of intimidation or harassment directed 19 against individuals in the United States, the President 20 shall cancel or suspend any letters of offer, credits, guar- 21 antees, or export licenses with such government, in compli- 22 ance with section 6 of the Arms Export Control Act (22 23 U.S.C. 2756) until such time as the President determines 24 VerDate Sep 11 2014 21:53 Apr 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1464.IH H1464 jbell on DSKJLSW7X2PROD with BILLS 12 •HR 1464 IH that the pattern of acts of intimidation or harassment has 1 ceased. 2 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 3 FINED.—In this section, the term ‘‘appropriate congres- 4 sional committees’’ means— 5 (1) the Committee on Foreign Affairs, the 6 Committee on Armed Services, and the Permanent 7 Select Committee on Intelligence of the House of 8 Representatives; and 9 (2) the Committee on Foreign Relations, the 10 Committee on Armed Services, and the Select Com- 11 mittee on Intelligence of the Senate. 12 SEC. 5. MEASURES TO DISASSOCIATE UNITES STATES SE- 13 CURITY ASSISTANCE FROM HUMAN RIGHTS 14 ABUSES BY THE GOVER [Text truncated for display. Full text available on Congress.gov.]