[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5833 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5833
To protect Saudi dissidents in the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2023
Mr. Connolly (for himself, Mr. Grijalva, Ms. Titus, Mr. Castro of
Texas, Ms. Lee of California, Mr. McGovern, Ms. Norton, Mr. Sherman,
Ms. Wild, Mr. Cohen, and Mr. Schiff) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on Intelligence (Permanent Select), and the Budget,
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 committee concerned
_______________________________________________________________________
A BILL
To protect Saudi dissidents in the United States, 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 ``Protection of Saudi Dissidents Act
of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Jamal Khashoggi, a United States resident, Saudi
journalist, and Washington Post columnist, was killed and
dismembered in the Saudi consulate in Istanbul, Turkey, on
October 2, 2018.
(2) At the time of his murder, Khashoggi was living in
Virginia under an ``O'' visa and was in the process of applying
for a permanent residency.
(3) A report by the Office of the Director of National
Intelligence (ODNI) found that Saudi Arabia's Crown Prince
Muhammad bin Salman approved an operation in Istanbul, Turkey,
to capture or kill Khashoggi.
(4) The assessment of the ODNI was based on ``the Crown
Prince's control of decisionmaking in the Kingdom, the direct
involvement of a key adviser and members of Muhammad bin
Salman's protective detail in the operation, and the Crown
Prince's support for using violent measures to silence
dissidents abroad''.
(5) The report also reiterates that ``the Crown Prince has
had absolute control of the Kingdom's security and intelligence
organizations'' since 2017.
SEC. 3. RESTRICTIONS ON TRANSFERS OF DEFENSE ARTICLES AND SERVICES,
DESIGN AND CONSTRUCTION SERVICES, AND MAJOR DEFENSE
EQUIPMENT TO SAUDI ARABIA.
(a) 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.
(b) Subsequent Periods.--
(1) In general.--During the 120-day period beginning after
the end of the 120-day period described in subsection (a), 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 congressional committees a
certification described in paragraph (2).
(2) 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:
(A) Forced repatriation, intimidation, or killing
of dissidents in other countries.
(B) 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.
(C) Torture of detainees in the custody of the
Government of Saudi Arabia.
(c) Exception.--The restrictions in this section 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--
(1) the defense of the territory of Saudi Arabia from
external threats; or
(2) the defense of United States military or diplomatic
personnel or United States facilities located in Saudi Arabia.
(d) Waiver.--
(1) In general.--The President may waive the restrictions
in this section if the President submits to the appropriate
congressional committees a report not later than 15 days before
the granting of such waiver that contains--
(A) a determination of the President that such a
waiver is in the vital national security interests of
the United States; and
(B) a detailed justification for the use of such
waiver and the reasons why the restrictions in this
section cannot be met.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Sunset.--This section shall terminate on the date that is 3
years after the date of the enactment of this Act.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, and the Committee on Armed Services
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on Armed Services
of the Senate.
SEC. 4. REPORT ON CONSISTENT PATTERN OF ACTS OF INTIMIDATION OR
HARASSMENT DIRECTED AGAINST INDIVIDUALS IN THE UNITED
STATES.
(a) Findings.--Congress finds the following:
(1) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) states that ``no transfers or 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''.
(2) Section 6 of the Arms Export Control Act further
requires the President to report any such determination
promptly to the Speaker of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives,
and to the chairman of the Committee on Foreign Relations of
the Senate.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall submit to the appropriate
congressional committees a report on--
(1) 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
(2) whether any United States-origin defense articles were
used in the activities described in paragraph (1).
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 5. REPORT AND CERTIFICATION WITH RESPECT TO SAUDI DIPLOMATS AND
DIPLOMATIC FACILITIES IN THE UNITED STATES.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees 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.
(b) Certification.--
(1) 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 congressional committees 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.
(2) Failure to submit certification.--If the President does
not submit a certification under paragraph (1), the President
shall--
(A) close one or more covered facilities for such
period of time until the President does submit such a
certification; and
(B) submit to the appropriate congressional
committee 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 paragraph (1); 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 paragraph (1).
(c) Form.--The report required by subsection (a) and the
certification and report required by subsection (b) shall be submitted
in unclassified form but may contain a classified annex.
(d) Waiver.--
(1) In general.--The President may waive the restrictions
in this section if the President submits to the appropriate
congressional committees a report not later than 15 days before
the granting of such waiver that contains--
(A) a determination of the President that such a
waiver is in the vital national security interests of
the United States; and
(B) a detailed justification for the use of such
waiver and the reasons why the restrictions in this
section cannot be met.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Sunset.--This section shall terminate on the date that is 3
years after the date of the enactment of this Act.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) Covered facility.--The term ``covered facility'' means
a diplomatic or consular facility of Saudi Arabia in the United
States.
(3) Covered person.--The term ``covered person'' means a
national of Saudi Arabia credentialed to a covered facility.
SEC. 6. REPORT ON THE DUTY TO WARN OBLIGATION OF THE GOVERNMENT OF THE
UNITED STATES.
(a) Findings.--Congress finds that Intelligence Community Directive
191 provides that--
(1) 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
(2) 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.
(b) Report.--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 congressional committees a report with
respect to--
(1) 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
(2) in the case of the intelligence community not
fulfilling its duty to warn as described in paragraph (1), why
the intelligence community did not fulfill this duty.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form but may contain a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) 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.
(3) 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)).
(4) 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.
SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
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