Text: H.R.2037 — 116th Congress (2019-2020)All Information (Except Text)

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Referred in Senate (07/16/2019)

 
[Congressional Bills 116th Congress]
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[H.R. 2037 Referred in Senate (RFS)]

<DOC>
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Saudi Arabia Human Rights and 
Accountability Act of 2019''.

SEC. 2. REPORT ON INTELLIGENCE COMMUNITY ASSESSMENT RELATING TO THE 
              KILLING OF WASHINGTON POST COLUMNIST JAMAL KHASHOGGI.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the appropriate congressional committees a report consisting 
of--
            (1) a determination and presentation of evidence with 
        respect to the advance knowledge and role of any current or 
        former official of the Government of Saudi Arabia or any 
        current or former senior Saudi political figure over the 
        directing, ordering, or tampering of evidence in the killing of 
        Washington Post columnist Jamal Khashoggi; and
            (2) a list of foreign persons that the Director of National 
        Intelligence has high confidence--
                    (A) were responsible for, or complicit in, 
                ordering, controlling, or otherwise directing an act or 
                acts contributing to or causing the death of Jamal 
                Khashoggi;
                    (B) knowingly and materially assisted, sponsored, 
                or provided financial, material, or technological 
                support for, or goods or services in support of, an 
                activity described in subparagraph (A); or
                    (C) impeded the impartial investigation of the 
                killing of Jamal Khashoggi, including through the 
                tampering of evidence relating to the investigation.
    (b) Form.--
            (1) In general.--The report required by subsection (a) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
            (2) Names of foreign persons listed.--The name of each 
        foreign person listed in the report described in subsection 
        (a)(2) shall be included in the unclassified portion of the 
        report unless the Director of National Intelligence determines 
        that such disclosure would undermine United States intelligence 
        sources and methods or threaten the national security interests 
        of the United States.
    (c) 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) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.

SEC. 3. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN 
              ACTIVITIES DESCRIBED IN SECTION 2(A)(2).

    (a) Imposition of Sanctions.--On and after the date that is 120 
days after the date of the enactment of this Act, the sanctions 
described in subsection (b) shall be imposed with respect to each 
foreign person listed in the report described in section 2(a)(2).
    (b) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        are the following:
                    (A) Ineligibility for visas and admission to the 
                united states.--
                            (i) Inadmissibility to the United States.
                            (ii) Ineligibility to receive a visa or 
                        other documentation to enter the United States.
                            (iii) Ineligibility to otherwise be 
                        admitted or paroled into the United States or 
                        to receive any other benefit under the 
                        Immigration and Nationality Act (8 U.S.C. 1101 
                        et seq.).
                    (B) Current visas revoked.--
                            (i) Revocation of any visa or other entry 
                        documentation regardless of when the visa or 
                        other entry documentation is or was issued.
                            (ii) A revocation under clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the foreign person's possession.
            (2) Exception to comply with international obligations.--
        Sanctions under paragraph (1) shall not apply with respect to a 
        foreign person if admitting or paroling the person into the 
        United States is necessary to permit the United States to 
        comply with the Agreement regarding the Headquarters of the 
        United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations.
            (3) Waiver in the interest of national security.--The 
        President may waive the application of this section with 
        respect to a foreign person who is A-1 visa eligible and who is 
        present in or seeking admission into the United States for 
        purposes of official business if the President determines and 
        transmits to the appropriate congressional committees written 
        notice and justification not later than 15 days before the 
        granting of such waiver, that such a waiver is in the national 
        security interests of the United States.
    (c) Suspension of Sanctions.--
            (1) In general.--The President may suspend in whole or in 
        part the imposition of sanctions otherwise required under this 
        section for periods not to exceed 180 days if the President 
        certifies to the appropriate congressional committees that the 
        following criteria have been met in Saudi Arabia:
                    (A) The Government of Saudi Arabia has released any 
                individual who is a journalist, blogger, human rights 
                defender, advocate for religious liberty, or civil 
                society activist detained by the Government of Saudi 
                Arabia.
                    (B) The Government of Saudi Arabia is cooperating 
                in outstanding criminal proceedings in the United 
                States in which a Saudi citizen or national departed 
                from the United States while the citizen or national 
                was awaiting trial or sentencing for a criminal offense 
                committed in the United States.
                    (C) The Government of Saudi Arabia is refraining 
                from the obstruction of the free expression of opinion 
                and restriction of individuals from engaging in public 
                criticism of the political sphere.
                    (D) The Government of Saudi Arabia has made 
                verifiable commitments to cease the practice of harming 
                citizens of Saudi Arabia conducting peaceful dissent, 
                whether or not those citizens reside in Saudi Arabia, 
                including enforced repatriation, disappearance, arrest, 
                imprisonment, or harassment.
                    (E) The Government of Saudi Arabia has taken 
                verifiable steps to hold accountable Saudi violators of 
                human rights, whether or not those violations took 
                place in Saudi Arabia.
                    (F) The Government of Saudi Arabia has taken 
                verifiable steps to repeal any law or regulation that 
                requires Saudi women to obtain approval from a male 
                guardian in order to leave the country.
                    (G) The Government of Saudi Arabia--
                            (i) has made public the names of all 
                        individuals under prosecution for the murder of 
                        Jamal Khashoggi and associated crimes and the 
                        details of the charges such individuals face;
                            (ii) has made public the trial proceedings 
                        and all evidence against the accused;
                            (iii) has invited international, 
                        independent experts to monitor the trials;
                            (iv) has made public details of efforts to 
                        establish the location of Mr. Khashoggi's 
                        remains and associated findings and returned 
                        his body to his family; and
                            (v) has made public the rationale for why 
                        ten of the individuals initially detained were 
                        later released without charge.
                    (H) The Government of Saudi Arabia has disbanded 
                any units of its intelligence or security apparatus 
                dedicated to the forced repatriation of dissidents in 
                other countries.
                    (I) The Government of Saudi Arabia is cooperating 
                with efforts to investigate the murder of Jamal 
                Khashoggi being conducted by law enforcement 
                authorities in the United States and Turkey, or by the 
                United Nations.
            (2) Report.--Accompanying the certification described in 
        paragraph (1), the President shall submit to the appropriate 
        congressional committees a report that contains a detailed 
        description of Saudi Arabia's adherence to the criteria 
        described in the certification.
    (d) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, and the Permanent Select Committee on 
                Intelligence of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on the Judiciary, and the Select Committee on 
                Intelligence of the Senate.
            (3) Foreign person.--The term ``foreign person'' has the 
        meaning given such term in section 595.304 of title 31, Code of 
        Federal Regulations (as in effect on the day before the date of 
        the enactment of this Act), except that such term does not 
        include an entity (as such term is described in such section).
            (4) Foreign person who is a-1 visa eligible.--The term 
        ``foreign person who is A-1 visa eligible'' means an alien 
        described in section 101(a)(15)(A)(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(A)(i)).
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen 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 an entity.

SEC. 4. REPORT ON SAUDI ARABIA'S HUMAN RIGHTS RECORD.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State, in accordance with 
section 502B(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2304(c)), shall submit to the appropriate congressional committees 
report in writing that--
            (1) includes the information required under paragraph (1) 
        of such section 502B(c) with respect to Saudi Arabia;
            (2) describes the extent to which officials of the 
        Government of Saudi Arabia, including members of the military 
        or security services, are responsible for or complicit in gross 
        violations of internationally recognized human rights, 
        including violations of the human rights of journalists, 
        bloggers, human rights defenders, and those who support women's 
        rights or religious freedom;
            (3) describes violations of human rights in Saudi Arabia by 
        officials of the Government of Saudi Arabia, including against 
        journalists, bloggers, human rights defenders, and civil 
        society activists;
            (4) describes United States actions to address Saudi 
        violations of human rights, including against journalists, 
        bloggers, human rights defenders, and civil society activists, 
        including demands for clemency review of these cases;
            (5) describes any intolerant content in educational 
        materials published by Saudi Arabia's Ministry of Education 
        that are used in schools both inside Saudi Arabia and at 
        schools throughout the world; and
            (6) describes United States actions to encourage Saudi 
        Arabia to retrieve and destroy materials with intolerant 
        material and revise teacher manuals and retrain teachers to 
        reflect changes in educational materials and promote tolerance.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (c) Appropriate Congressional Committees Defined.--In the 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. 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.

            Passed the House of Representatives July 15, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

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