[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3155 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3155
To impose sanctions with respect to individuals responsible for the
death of Jamal Khashoggi, to protect human rights in the sale, export,
and transfer of defense articles and defense services to Saudi Arabia,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 3, 2021
Mr. Menendez (for himself, Mr. Leahy, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to individuals responsible for the
death of Jamal Khashoggi, to protect human rights in the sale, export,
and transfer of defense articles and defense services to Saudi Arabia,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jamal Khashoggi Human Rights Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On October 2, 2018, Washington Post journalist Jamal
Khashoggi was murdered by agents of the Government of Saudi
Arabia in the consulate of Saudi Arabia in Istanbul, Turkey,
after having been monitored through commercial surveillance
software.
(2) In 2019, the Department of Justice charged 2 Saudi
Arabian former employees of Twitter with acting as illegal
agents of the Government of Saudi Arabia, using their employee
access to obtain private information on dissidents and critics
of Saudi Arabia at the behest of that Government, and,
according to public reporting and human rights groups, the
Government of Saudi Arabia has also used commercial spyware to
monitor the movements and communications of dozens of activists
and journalists around the world and in the United States.
(3) On July 30, 2019, the Committee on Foreign Relations of
the Senate approved, in a bipartisan vote, S. 398, 116th
Congress, known as the Saudi Arabia Accountability and Yemen
Act of 2019, which required, among other things, the imposition
of sanctions on any person involved in the death of Jamal
Khashoggi.
(4) The National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1198), enacted on December
20, 2019, required the Director of National Intelligence to
submit to Congress a report including the identification of
those who carried out, participated in, ordered, or were
otherwise complicit in or responsible for the death of Jamal
Khashoggi.
(5) On February 26, 2021, consistent with the National
Defense Authorization Act for Fiscal Year 2020, the Director of
National Intelligence released a report entitled ``Assessing
the Saudi Government's Role in the Killing of Jamal
Khashoggi'', concluding that Saudi Crown Prince Mohammed bin
Salman approved the operation that killed Khashoggi. The
Director's report also identified other senior officials of the
Government of Saudi Arabia who ``participated in, ordered, or
were otherwise complicit in or responsible for the death of
Jamal Khashoggi on behalf of Muhammad bin Salman''.
(6) Section 7031(c) of the Consolidated Appropriations Act,
2021 (Public Law 116-260) requires the Secretary of State to
deny entry into the United States of ``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''.
(7) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) prohibits weapons transfers to foreign countries
determined by the President to be engaged in a ``pattern of
acts of intimidation or harassment directed against individuals
in the United States''.
(8) In February 2020, the Federal Bureau of Investigation
declassified its assessment that officials of the Government of
Saudi Arabia ``almost certainly assist United States-based
[citizens of Saudi Arabia] in fleeing the United States because
of legal issues, undermining the United States judicial
process''.
(9) Section 502B(a)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2304(a)(3)) directs the President to formulate
and conduct international security assistance programs of the
United States in a manner which will ``avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms''.
(10) Secretary of State Antony Blinken has affirmed the
United States national interest in preventing authoritarian
foreign governments from reaching beyond their borders to
intimidate or harm persons within the United States, stating,
``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. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR
THE DEATH OF JAMAL KHASHOGGI.
(a) In General.--On and after the date that is 90 days after the
date of the enactment of this Act, all persons named in the qualifying
report shall be subject to the same sanctions as a person included on
the list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the Department of
the Treasury.
(b) National Security Waiver.--
(1) In general.--The President may, on a case-by-case
basis, waive for a period of not more than 90 days the
imposition of sanctions under subsection (a) with respect to a
person if the President submits to the appropriate
congressional committees--
(A) a written determination that the waiver is
vital to the national security interests of the United
States;
(B) a detailed explanation of how the waiver is
vital to those interests; and
(C) a certification that the Government of Saudi
Arabia is making significant progress toward meeting
the following criteria:
(i) The Government of Saudi Arabia has
brought to justice officials of the Government
of Saudi Arabia and members of the royal family
of Saudi Arabia named in the qualifying report.
(ii) The Government of Saudi Arabia is not
detaining, charging, or imposing travel bans on
citizens or legal residents of the United
States or any other third country for political
reasons, including criticism of policies of
that Government, peaceful advocacy of political
beliefs, or the pursuit of United States
citizenship.
(iii) The Government of Saudi Arabia is
cooperating in outstanding criminal proceedings
in the United States in which a citizen or
national of Saudi Arabia departed from the
United States while the citizen or national was
awaiting trial or sentencing for a criminal
offense committed in the United States.
(iv) The Government of Saudi Arabia is not
detaining, charging, or imposing travel bans on
citizens of Saudi Arabia, including civil
society activists, journalists, bloggers,
lawyers, or religious figures, for political
reasons, including criticism of policies of
that Government or peaceful advocacy of
political beliefs.
(v) 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.
(vi) The Government of Saudi Arabia has
made meaningful commitments to a multilateral
framework on the lawful use, sale, and transfer
of digital surveillance items and services that
can be used to abuse human rights.
(vii) The Government of Saudi Arabia has
instituted meaningful legal reforms to protect
the rights of freedom of expression, religion,
and due process, and women's rights, in its
judicial system.
(2) Renewal.--A waiver issued under paragraph (1) with
respect to an individual may be renewed, on a case-by-case
basis, if the President submits to the appropriate
congressional committees, with respect to each such waiver, the
determination, explanation, and certification required under
paragraph (1).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on Financial
Services of the House of Representatives.
(2) Qualifying report.--The term ``qualifying report''
means the report issued by the Office of the Director of
National Intelligence entitled ``Assessing the Saudi
Government's Role in the Killing of Jamal Khashoggi'', dated
February 11, 2021, and declassified by Director of National
Intelligence Avril D. Haines on February 25, 2021.
SEC. 4. REPORT ON AND SUSPENSION OF ASSISTANCE FOR INCIDENTS OF
ARBITRARY DETENTION, VIOLENCE, AND STATE-SANCTIONED
HARASSMENT BY THE GOVERNMENT OF SAUDI ARABIA AGAINST
UNITED STATES PERSONS AND FAMILY MEMBERS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days 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 on incidents of arbitrary detention,
violence, and state-sanctioned harassment committed by the
Government of Saudi Arabia against United States persons, or
their family members who are not United States persons, in the
United States or foreign countries.
(2) Matters to be included.--Each report required by
paragraph (1) shall include the following:
(A) A detailed description of the incidents
described in paragraph (1) that took place during the
1-year period preceding the date on which the report is
submitted.
(B) A certification of whether Saudi Arabia is
engaging in a ``consistent pattern of acts of
intimidation or harassment directed against individuals
in the United States'' for purposes of section 6 of the
Arms Export Control Act (22 U.S.C. 2756).
(C) A description of any actions taken to deter
incidents of intimidation or harassment committed by
the security agencies of such Government against United
States persons and their family members who are not
United States persons.
(3) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
(b) Suspension of Assistance.--If the President determines in any
report submitted under subsection (a) that the Government of Saudi
Arabia has engaged in a pattern of acts of intimidation or harassment
directed against United States persons or their family members who are
not United States persons, the President shall cancel or suspend any
letter of offer, credit, guarantee, or export license with the
Government, in compliance with section 6 of the Arms Export Control Act
(22 U.S.C. 2756), until such time as the President determines that the
pattern of acts of intimidation or harassment has ceased.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on
Appropriations, the Committee on Finance, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Appropriations, the
Committee on Ways and Means, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) United states person.--The term ``United States
person'' means--
(A) a citizen of the United States 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 entity.
SEC. 5. PROTECTION OF HUMAN RIGHTS IN THE SALE, EXPORT, AND TRANSFER OF
DEFENSE ARTICLES AND DEFENSE SERVICES TO SAUDI ARABIA.
(a) Assessment and Certifications Required.--
(1) In general.--Not later than 30 days before any letter
of offer to sell a defense article or defense service
controlled for export to Saudi Arabia is concluded, or any
license to export or transfer such an article or service to
Saudi Arabia is authorized, the Secretary of State shall
transmit to the appropriate congressional committees the
following:
(A) An assessment by the Secretary of the risk that
the article or service will be used in the commission
of violations of international humanitarian law or
internationally recognized human rights.
(B) A certification that the Government of Saudi
Arabia has provided a written commitment not to use
such article or service in the commission, or to enable
the commission, of a violation of international
humanitarian law or internationally recognized human
rights.
(C) A certification that an effective end-use
monitoring program will be instituted to ensure that
such article or service is not used to violate
international humanitarian law or internationally
recognized human rights.
(D) A certification that the United States
Government has secured the legal right to require the
return of any United States-origin defense article
sold, exported, or transferred to Saudi Arabia if the
article has been used in the commission, or has enabled
the commission, of a violation of international
humanitarian law or internationally recognized human
rights.
(2) Biannual report on end-use monitoring.--On a biannual
basis, the Secretary shall submit to the appropriate
congressional committees a report on the results of the end-use
monitoring program described in paragraph (1)(C).
(b) Restriction on Services.--
(1) In general.--No export license may be issued and no
letter of offer may be concluded by the United States
Government for the provision of services for military,
paramilitary, security, or intelligence-gathering activities to
Saudi Arabia.
(2) Exceptions.--The restriction under paragraph (1) shall
not apply to the provision, under the supervision and
monitoring of United States Government personnel, of logistics,
supply, repair, support, or training services associated with
the lawful export of defense articles, or training in support
of those services, upon certification by the Secretary of State
to the appropriate committees of Congress that such services
will not be used in the surveillance or harassment of
activists, critics of the Government of Saudi Arabia,
journalists, bloggers, lawyers, and religious figures in Saudi
Arabia.
(3) End-use monitoring.--Beginning not later than 45 days
after the date of the enactment of this Act, and thereafter on
a quarterly basis, the Secretary shall--
(A) verify whether any defense services provided
pursuant to export licenses or other authorizations are
enabling the provision of services described in
paragraph (1); and
(B) submit to the appropriate congressional
committees a report on the results of such
verification.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Finance of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Ways and Means of the House of
Representatives.
(2) Defense article; defense service.--The terms ``defense
article'' and ``defense service'' have the meanings given those
terms in section 47 of the Arms Export Control Act (22 U.S.C.
2794).
SEC. 6. BRIEFINGS AND REPORT ON USE OF COMMERCIAL SURVEILLANCE
TECHNOLOGY AGAINST JOURNALISTS.
(a) Briefings.--Not later than 60 days after the date of the
enactment of this Act and periodically thereafter upon request, the
Secretary of State, the Chief Executive Officer of the United States
Agency for Global Media, and the heads of other relevant agencies shall
provide briefings to the appropriate congressional committees on--
(1) the utilization by foreign governments, including the
Government of Saudi Arabia, of commercially available
cyberintrusion and other surveillance technology to target
journalists, media companies, dissidents and activists, and
United States persons and interests; and
(2) the efforts the executive branch is taking to combat
such utilization.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence, shall
submit to the appropriate congressional committees a report
on--
(A) the utilization by foreign governments,
including the Government of Saudi Arabia, of
commercially available cyberintrusion and other
surveillance technology to target journalists, media
companies, dissidents and activists, and United States
persons and interests; and
(B) the efforts the executive branch is taking to
combat such utilization.
(2) Form.--Thereport required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Appropriations, the Committee
on Finance, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Appropriations, the Committee
on Ways and Means, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 7. JAMAL KHASHOGGI PRESS FREEDOM AWARD.
(a) Establishment of Award.--The Secretary of State may annually
present the ``Jamal Khashoggi Press Freedom Award'' (referred to in
this section as the ``Award'') to not more than 5 individuals or
organizations who have demonstrated extraordinary efforts in journalism
in the face of harassment, detention, prosecution, or obstruction by
foreign governments or non-state actors.
(b) Eligible Recipients.--To the maximum extent practicable, the
Secretary of State shall present the Award to--
(1) individuals who are United States citizens or foreign
nationals; and
(2) domestic or foreign private, nongovernmental
organizations.
(c) Selection Procedure.--The Secretary of State shall establish
procedures for selecting recipients of the Award.
(d) Report.--The Secretary of State shall submit an annual report
to the appropriate congressional committees that--
(1) lists the recipients of the Award for that year; and
(2) explains the procedures for selecting such recipients.
(e) Award Ceremony.--
(1) In general.--The Secretary of State shall host an
annual ceremony for recipients of the Award as soon as
practicable after the date on which the Secretary submits the
report required under subsection (d).
(2) Travel expenses.--The Secretary of State may pay the
reasonable travel costs incurred by each Award recipient and
his or her guest to attend the ceremony.
(f) Authorization of Appropriations.--There are authorized to be
appropriated, for each of the fiscal years 2022 through 2027, such sums
as may be necessary to carry out this section.
(g) 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 Representatives.
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