Saudi Arabia Human Rights and Accountability Act of 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 2037 IN THE SENATE OF THE UNITED STATES JULY 16, 2019 Received; read twice and referred to the Committee on Foreign Relations AN ACT To encourage accountability for the murder of Washington Post columnist Jamal Khashoggi. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:48 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 2 HR 2037 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Saudi Arabia Human 2 Rights and Accountability Act of 2019’’. 3 SEC. 2. REPORT ON INTELLIGENCE COMMUNITY ASSESS- 4 MENT RELATING TO THE KILLING OF WASH- 5 INGTON POST COLUMNIST JAMAL 6 KHASHOGGI. 7 (a) IN GENERAL.—Not later than 30 days after the 8 date of the enactment of this Act, the Director of National 9 Intelligence shall submit to the appropriate congressional 10 committees a report consisting of— 11 (1) a determination and presentation of evi- 12 dence with respect to the advance knowledge and 13 role of any current or former official of the Govern- 14 ment of Saudi Arabia or any current or former sen- 15 ior Saudi political figure over the directing, ordering, 16 or tampering of evidence in the killing of Wash- 17 ington Post columnist Jamal Khashoggi; and 18 (2) a list of foreign persons that the Director 19 of National Intelligence has high confidence— 20 (A) were responsible for, or complicit in, 21 ordering, controlling, or otherwise directing an 22 act or acts contributing to or causing the death 23 of Jamal Khashoggi; 24 (B) knowingly and materially assisted, 25 sponsored, or provided financial, material, or 26 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 3 HR 2037 RFS technological support for, or goods or services 1 in support of, an activity described in subpara- 2 graph (A); or 3 (C) impeded the impartial investigation of 4 the killing of Jamal Khashoggi, including 5 through the tampering of evidence relating to 6 the investigation. 7 (b) FORM.— 8 (1) IN GENERAL.—The report required by sub- 9 section (a) shall be submitted in unclassified form, 10 but may include a classified annex. 11 (2) NAMES OF FOREIGN PERSONS LISTED.— 12 The name of each foreign person listed in the report 13 described in subsection (a)(2) shall be included in 14 the unclassified portion of the report unless the Di- 15 rector of National Intelligence determines that such 16 disclosure would undermine United States intel- 17 ligence sources and methods or threaten the national 18 security interests of the United States. 19 (c) DEFINITIONS.—In this section: 20 (1) APPROPRIATE CONGRESSIONAL COMMIT- 21 TEES.—The term ‘‘appropriate congressional com- 22 mittees’’ means— 23 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 4 HR 2037 RFS (A) the Committee on Foreign Affairs and 1 the Permanent Select Committee on Intelligence 2 of the House of Representatives; and 3 (B) the Committee on Foreign Relations 4 and the Select Committee on Intelligence of the 5 Senate. 6 (2) KNOWINGLY.—The term ‘‘knowingly’’, with 7 respect to conduct, a circumstance, or a result, 8 means that a person has actual knowledge, or should 9 have known, of the conduct, the circumstance, or the 10 result. 11 SEC. 3. SANCTIONS WITH RESPECT TO FOREIGN PERSONS 12 THAT ENGAGE IN ACTIVITIES DESCRIBED IN 13 SECTION 2(a)(2). 14 (a) IMPOSITION OF SANCTIONS.—On and after the 15 date that is 120 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 report described in section 2(a)(2). 19 (b) SANCTIONS DESCRIBED.— 20 (1) IN GENERAL.—The sanctions described in 21 this subsection are the following: 22 (A) INELIGIBILITY FOR VISAS AND ADMIS- 23 SION TO THE UNITED STATES.— 24 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 5 HR 2037 RFS (i) Inadmissibility to the United 1 States. 2 (ii) Ineligibility to receive a visa or 3 other documentation to enter the United 4 States. 5 (iii) Ineligibility to otherwise be ad- 6 mitted or paroled into the United States or 7 to receive any other benefit under the Im- 8 migration and Nationality Act (8 U.S.C. 9 1101 et seq.). 10 (B) CURRENT VISAS REVOKED.— 11 (i) Revocation of any visa or other 12 entry documentation regardless of when 13 the visa or other entry documentation is or 14 was issued. 15 (ii) A revocation under clause (i) 16 shall— 17 (I) take effect immediately; and 18 (II) automatically cancel any 19 other valid visa or entry documenta- 20 tion that is in the foreign person’s 21 possession. 22 (2) EXCEPTION TO COMPLY WITH INTER- 23 NATIONAL OBLIGATIONS.—Sanctions under para- 24 graph (1) shall not apply with respect to a foreign 25 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 6 HR 2037 RFS person if admitting or paroling the person into the 1 United States is necessary to permit the United 2 States to comply with the Agreement regarding the 3 Headquarters of the United Nations, signed at Lake 4 Success June 26, 1947, and entered into force No- 5 vember 21, 1947, between the United Nations and 6 the United States, or other applicable international 7 obligations. 8 (3) WAIVER IN THE INTEREST OF NATIONAL 9 SECURITY.—The President may waive the applica- 10 tion of this section with respect to a foreign person 11 who is A–1 visa eligible and who is present in or 12 seeking admission into the United States for pur- 13 poses of official business if the President determines 14 and transmits to the appropriate congressional com- 15 mittees written notice and justification not later 16 than 15 days before the granting of such waiver, 17 that such a waiver is in the national security inter- 18 ests of the United States. 19 (c) SUSPENSION OF SANCTIONS.— 20 (1) IN GENERAL.—The President may suspend 21 in whole or in part the imposition of sanctions other- 22 wise required under this section for periods not to 23 exceed 180 days if the President certifies to the ap- 24 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 7 HR 2037 RFS propriate congressional committees that the fol- 1 lowing criteria have been met in Saudi Arabia: 2 (A) The Government of Saudi Arabia has 3 released any individual who is a journalist, 4 blogger, human rights defender, advocate for 5 religious liberty, or civil society activist detained 6 by the Government of Saudi Arabia. 7 (B) The Government of Saudi Arabia is 8 cooperating in outstanding criminal proceedings 9 in the United States in which a Saudi citizen or 10 national departed from the United States while 11 the citizen or national was awaiting trial or sen- 12 tencing for a criminal offense committed in the 13 United States. 14 (C) The Government of Saudi Arabia is re- 15 fraining from the obstruction of the free expres- 16 sion of opinion and restriction of individuals 17 from engaging in public criticism of the political 18 sphere. 19 (D) The Government of Saudi Arabia has 20 made verifiable commitments to cease the prac- 21 tice of harming citizens of Saudi Arabia con- 22 ducting peaceful dissent, whether or not those 23 citizens reside in Saudi Arabia, including en- 24 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 8 HR 2037 RFS forced repatriation, disappearance, arrest, im- 1 prisonment, or harassment. 2 (E) The Government of Saudi Arabia has 3 taken verifiable steps to hold accountable Saudi 4 violators of human rights, whether or not those 5 violations took place in Saudi Arabia. 6 (F) The Government of Saudi Arabia has 7 taken verifiable steps to repeal any law or regu- 8 lation that requires Saudi women to obtain ap- 9 proval from a male guardian in order to leave 10 the country. 11 (G) The Government of Saudi Arabia— 12 (i) has made public the names of all 13 individuals under prosecution for the mur- 14 der of Jamal Khashoggi and associated 15 crimes and the details of the charges such 16 individuals face; 17 (ii) has made public the trial pro- 18 ceedings and all evidence against the ac- 19 cused; 20 (iii) has invited international, inde- 21 pendent experts to monitor the trials; 22 (iv) has made public details of efforts 23 to establish the location of Mr. 24 Khashoggi’s remains and associated find- 25 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 9 HR 2037 RFS ings and returned his body to his family; 1 and 2 (v) has made public the rationale for 3 why ten of the individuals initially detained 4 were later released without charge. 5 (H) The Government of Saudi Arabia has 6 disbanded any units of its intelligence or secu- 7 rity apparatus dedicated to the forced repatri- 8 ation of dissidents in other countries. 9 (I) The Government of Saudi Arabia is co- 10 operating with efforts to investigate the murder 11 of Jamal Khashoggi being conducted by law en- 12 forcement authorities in the United States and 13 Turkey, or by the United Nations. 14 (2) REPORT.—Accompanying the certification 15 described in paragraph (1), the President shall sub- 16 mit to the appropriate congressional committees a 17 report that contains a detailed description of Saudi 18 Arabia’s adherence to the criteria described in the 19 certification. 20 (d) DEFINITIONS.—In this section: 21 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 22 and ‘‘alien’’ have the meanings given those terms in 23 section 101 of the Immigration and Nationality Act 24 (8 U.S.C. 1101). 25 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 10 HR 2037 RFS (2) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional com- 2 mittees’’ means— 3 (A) the Committee on Foreign Affairs, the 4 Committee on the Judiciary, and the Perma- 5 nent Select Committee on Intelligence of the 6 House of Representatives; and 7 (B) the Committee on Foreign Relations, 8 the Committee on the Judiciary, and the Select 9 Committee on Intelligence of the Senate. 10 (3) FOREIGN PERSON.—The term ‘‘foreign per- 11 son’’ has the meaning given such term in section 12 595.304 of title 31, Code of Federal Regulations (as 13 in effect on the day before the date of the enactment 14 of this Act), except that such term does not include 15 an entity (as such term is described in such section). 16 (4) FOREIGN PERSON WHO IS A–1 VISA ELIGI- 17 BLE.—The term ‘‘foreign person who is A–1 visa eli- 18 gible’’ means an alien described in section 19 101(a)(15)(A)(i) of the Immigration and Nationality 20 Act (8 U.S.C. 1101(a)(15)(A)(i)). 21 (5) UNITED STATES PERSON.—The term 22 ‘‘United States person’’ means— 23 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 11 HR 2037 RFS (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 ON SAUDI ARABIA’S HUMAN RIGHTS 8 RECORD. 9 (a) IN GENERAL.—Not later than 30 days after the 10 date of the enactment of this Act, the Secretary of State, 11 in accordance with section 502B(c) of the Foreign Assist- 12 ance Act of 1961 (22 U.S.C. 2304(c)), shall submit to the 13 appropriate congressional committees report in writing 14 that— 15 (1) includes the information required under 16 paragraph (1) of such section 502B(c) with respect 17 to Saudi Arabia; 18 (2) describes the extent to which officials of the 19 Government of Saudi Arabia, including members of 20 the military or security services, are responsible for 21 or complicit in gross violations of internationally rec- 22 ognized human rights, including violations of the 23 human rights of journalists, bloggers, human rights 24 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 12 HR 2037 RFS defenders, and those who support women’s rights or 1 religious freedom; 2 (3) describes violations of human rights in 3 Saudi Arabia by officials of the Government of 4 Saudi Arabia, including against journalists, bloggers, 5 human rights defenders, and civil society activists; 6 (4) describes United States actions to address 7 Saudi violations of human rights, including against 8 journalists, bloggers, human rights defenders, and 9 civil society activists, including demands for clem- 10 ency review of these cases; 11 (5) describes any intolerant content in edu- 12 cational materials published by Saudi Arabia’s Min- 13 istry of Education that are used in schools both in- 14 side Saudi Arabia and at schools throughout the 15 world; and 16 (6) describes United States actions to encour- 17 age Saudi Arabia to retrieve and destroy materials 18 with intolerant material and revise teacher manuals 19 and retrain teachers to reflect changes in edu- 20 cational materials and promote tolerance. 21 (b) FORM.—The report required by subsection (a) 22 shall be submitted in unclassified form, but may include 23 a classified annex. 24 VerDate Sep 11 2014 23:24 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2037.RFS H2037 SSpencer on DSKBBXCHB2PROD with BILLS 13 HR 2037 RFS (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 1 FINED.—In the section, the term ‘‘appropriate congres- 2 sional committees’’ means— 3 (1) the Committee on Foreign Affairs and the 4 Permanent Select Committee on Intelligence of the 5 House of Representatives; and 6 (2) the Committee on Foreign Relations and 7 the Select Committee on Intelligence of the Senate. 8 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 9 The budgetary effects of this Act, for the purpose of 10 complying with the Statutory Pay-As-You-Go Act of 2010, 11 shall be determined by reference to the latest statement 12 titled ‘‘Budgetary Effects of PAYGO Legislation’’ f [Text truncated for display. Full text available on Congress.gov.]