S.Amdt. 1983

SA 1983. 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 personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PRESERVATION OF AMERICAN JUSTICE.

(a) Short Title.--This section may be cited as the
``Preservation of American Justice Act''.
(b) Investigation of Certain Foreign Nationals.--
(1) Investigation.--Not later than 90 days after the date
of enactment of this Act, the

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Attorney General shall complete an investigation of whether
the Government of Saudi Arabia materially assisted or
facilitated any citizen or national of Saudi Arabia,
including Abdulrahman Noorah, Abdulaziz Al Duways, Waleed Ali
Alharthi, Suliman Ali Algwaiz, and Ali Hussain Alhamoud, in
departing from the United States while the citizen or
national was awaiting trial or sentencing for a criminal
offense committed in the United States.
(2) Report.--If the Attorney General determines that the
Government of Saudi Arabia did materially assist or
facilitate a citizen or national of Saudi Arabia as described
in paragraph (1), the Attorney General shall submit a written
report to Congress and the Secretary of State detailing the
findings of the investigation.
(3) Prohibition on issuance and revocation of certain
visas.--
(A) In general.--Except as provided under subparagraph (B),
if the Secretary of State receives a report under paragraph
(2), the Secretary of State may not issue a visa, and shall
revoke any visa issued, to a Member of the Council of
Ministers of Saudi Arabia, an immediate family member of a
Member of the Council of Ministers of Saudi Arabia, a
descendant of the King of Saudi Arabia, or an immediate
family member of such a descendant until the date on which
the citizen or national of Saudi Arabia described in the
report is extradited to the United States for completion of
the trial or sentencing.
(B) Exception.--The Secretary of State may issue a visa
otherwise prohibited under subparagraph (A), or not revoke a
visa otherwise required to be revoked under such
subparagraph, if the Secretary determines that it is
necessary--
(i) to enable the President to receive an Ambassador or
other public Minister under Article II, section 3, of the
Constitution in a manner consistent with the Vienna
Conventions on Diplomatic and Consular Relations; or
(ii) 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 with any other applicable international
obligations.
(C) Vienna conventions on diplomatic and consular relations
defined.--In this paragraph, the term ``Vienna Conventions on
Diplomatic and Consular Relations'' means--
(i) the Vienna Convention on Diplomatic Relations, done at
Vienna April 18, 1961; and
(ii) the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963.
(c) Treatment of Foreign Nationals Fleeing the United
States During Criminal Proceedings.--
(1) Foreign national defined.--In this subsection, the term
``foreign national'' means an individual in the United States
who is not a citizen of the United States.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, and once every year thereafter, the
Attorney General, acting through the Director of the Bureau
of Justice Statistics, in coordination with the Secretary of
Homeland Security, shall--
(A) collect information from State courts and law
enforcement agencies on any foreign nationals who have,
during the reporting period, departed from the United States
while awaiting trial or sentencing for a criminal offense
committed in the United States; and
(B) publish a report based on the information collected
under subparagraph (A).
(3) List of countries.--
(A) In general.--The Attorney General, in coordination with
the Director of National Intelligence, shall establish and
maintain a list of countries the governments of which have,
in the determination of the Attorney General, materially
assisted or facilitated the departure of any foreign national
included in the report required under paragraph (2).
(B) Determination.--In establishing and maintaining the
list required under subparagraph (A), the Attorney General--
(i) shall take into account the information in the annual
reports published under paragraph (2)(B); and
(ii) may include or remove any country as the Attorney
General determines appropriate.
(C) Report to congress.--Not later than 1 year after the
date of enactment of this Act, and once every year
thereafter, the Attorney General shall submit to Congress a
report on the procedures used by the Attorney General in
determining which countries are on the list maintained under
subparagraph (A).
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