S.Amdt. 1922

SA 1922. Mr. MERKLEY (for himself and Mr. Wyden) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military

[[Page S3411]]

personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 1287. PREVENTING SAUDI ARABIAN DIPLOMATS FROM AIDING AND
ABETTING FLIGHTS FROM JUSTICE.

(a) Determination on Flights From Justice.--Not later than
120 days after the date of the enactment of this Act, the
President shall determine whether any citizen of Saudi Arabia
who enjoys diplomatic immunity from criminal jurisdiction in
the United States has assisted in the unlawful removal of any
national of Saudi Arabia in the United States for the
purposes of evading criminal prosecution or otherwise evading
a criminal sentence in the United States.
(b) Penalties.--If the determination required under
subsection (a) concludes that one or more officials of the
Government of Saudi Arabia has aided, abetted, or assisted in
the unlawful removal of a national of Saudi Arabia from the
United States or has harbored a national of Saudi Arabia in
the United States for the purpose of avoiding criminal
prosecution or evading law enforcement authorities, any such
official shall be subject to the following:
(1) The submittal of a request for a waiver of immunity
from the United States to Saudi Arabia for the purposes of
pursuing criminal prosecution within the United States.
(2) A declaration that such official is persona non grata
and is expelled from the United States, without replacement
of that position.
(3) The revocation of any existing visa or other relevant
entry documentation, which may include denial of future visa
requests.
(c) Additional Penalties Imposed by President.--If the
determination required under subsection (a) concludes that
one or more officials of the Government of Saudi Arabia has
aided, abetted, or assisted in the unlawful removal of a
national of Saudi Arabia from the United States or has
harbored a national of Saudi Arabia in the United States for
the purpose of avoiding criminal prosecution or evading law
enforcement authorities, the President may enforce any of the
following penalties:
(1) Denial of use of certain diplomatic facilities.--
Notwithstanding any other provision of law, the President may
deny access to, and use by the Government of Saudi Arabia of,
the Saudi-owned diplomatic facilities and properties located
at the following addresses:
(A) 2045 Sawtelle Boulevard, Los Angeles, California.
(B) 8500 Hilltop Road, Fairfax, Virginia.
(2) Suspension of flights to and from the united states by
saudi arabian air carriers.--
(A) Suspension of operating permit.--
(i) In general.--Notwithstanding any agreement between the
United States and Saudi Arabia relating to air services, the
President may suspend the permit of a foreign air carrier
owned or controlled, directly or indirectly, by the
Government of Saudi Arabia to operate in foreign air
transportation under chapter 413 of title 49, United States
Code.
(ii) Procedures.--If the President determines under clause
(i) to suspend the permit of an air carrier described in that
clause--

(I) the President shall notify the Government of Saudi
Arabia of the intention of the President to suspend the
permit; and
(II) not later than 10 days after the President provides
such notification, the Secretary of Transportation shall take
such measures as may be necessary to suspend the permit on
the earliest possible date.

(B) Suspension of air service agreement.--
(i) In general.--The President may direct the Secretary of
State to terminate any agreement between the United States
and Saudi Arabia relating to air services in accordance with
the provisions of the agreement.
(ii) Suspension of operating permit.--Upon termination of
an agreement under clause (i), the Secretary of
Transportation may take such measures as may be necessary to
revoke, on the earliest possible date, the permit of any
foreign air carrier owned or controlled, directly or
indirectly, by the Government of Saudi Arabia to operate in
foreign air transportation under chapter 413 of title 49,
United States Code.
(C) Exceptions.--The Secretary of Transportation may
provide for such exceptions to subparagraphs (A) and (B) as
the Secretary considers necessary to address emergencies in
which the safety of an aircraft or the crew or passengers on
an aircraft is threatened.
(D) Foreign air carrier and foreign air transportation
defined.--In this paragraph, the terms ``foreign air
carrier'' and ``foreign air transportation'' have the
meanings given the terms in section 40102(a) of title 49,
United States Code.
(3) Imposition of sanctions.--
(A) In general.--The President may exercise all of the
powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of a foreign official
described in subsection (a) if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(B) Inapplicability of national emergency requirement.--The
requirements under section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of subparagraph (A).
(C) Exception relating to importation of goods.--
(i) In general.--The authority to block and prohibit all
transactions in all property and interests in property under
subparagraph (A) shall not include the authority to impose
sanctions on the importation of goods.
(ii) Good defined.--In this subparagraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(D) Implementation; penalties.--
(i) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) for purposes of carrying out the
provisions of this paragraph.
(ii) Penalties.--The penalties under subsections (b) and
(c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) shall apply to a person that
violates, attempts to violate, conspires to violate, or
causes a violation of subparagraph (A), or any regulation,
license, or order issued to carry out that subparagraph, to
the same extent that such penalties apply to a person that
commits an unlawful act described in subsection (a) of such
section.
______