S.Amdt. 4239

SA 4239. Mr. MENENDEZ (for himself, Mr. Leahy, and Mr. Wyden)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 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 end of title XII, add the following:

Subtitle H--Saudi Arabia Accountability for Gross Violations of Human
Rights Act

SEC. 1291. SHORT TITLE.

This subtitle may be cited as the ``Saudi Arabia
Accountability for Gross Violations of Human Rights Act''.

SEC. 1292. FINDINGS.

Congress finds the following:
(1) On October 2, 2018, Washington Post journalist Jamal
Khashoggi was murdered by Saudi Government agents in
Istanbul.
(2) According to the United Nations Special Rapporteur's
June 2019 report, Mr. Khashoggi contacted the Saudi Embassy
in Washington regarding required documentation he needed to
obtain from Saudi authorities and ``was told to obtain the
document from the Saudi embassy in Turkey''.
(3) According to press reports, Mr. Khashoggi's associates
were surveilled after having their phones infiltrated by
spyware.
(4) On July 15, 2019, the House of Representatives passed
by a margin of 405-7 the Saudi Arabia Human Rights and
Accountability Act of 2019 (H.R. 2037), which required--
(A) an unclassified report by the Director of National
Intelligence on parties responsible for Khashoggi's murder, a
requirement ultimately inserted into and passed as part of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92);
(B) visa sanctions on all persons identified in such
report; and
(C) a report on human rights in Saudi Arabia.
(5) On February 26, 2021, the Director of National
Intelligence released the report produced pursuant to
congressional direction, which stated, ``we assess that Saudi
Arabia's Crown Prince Muhammad bin Salman approved an
operation in Istanbul, Turkey to capture or kill Saudi
journalist Jamal Khashoggi.''. The report also identified
several individuals who ``participated in, ordered, or were
otherwise complicit in or responsible for the death of Jamal
Khashoggi on behalf of Muhammad bin Salman. We do not know
whether these individuals knew in advance that the operation
would result in Khashoggi's death.''.
(6) Section 7031(c) of division K of the Consolidated
Appropriations Act, 2021 states ``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. . . shall be ineligible for entry into the
United States.''.
(7) Section 6 of the Arms Export Control Act (22 U.S.C.
2756) provides that no letters of offer may be issued, no
credits or guarantees may be extended, and no export licenses
may be issued 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''.
(8) Section 502B of the Foreign Assistance Act of 1961 (22
U.S.C. 2304) directs the President to formulate and conduct
international

[[Page S7738]]

security assistance programs of the United States in a manner
which will ``promote and advance human rights and avoid
identification of the United States, through such programs,
with governments which deny to their people internationally
recognized human rights and fundamental freedoms, in
violation of international law or in contravention of the
policy of the United States''.
(9) Secretary of State Antony Blinken on February 26, 2021,
stated: ``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. 1293. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LISTED
IN THE REPORT OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON THE MURDER OF JAMAL KHASHOGGI.

(a) Imposition of Sanctions.--On and after the date that is
60 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 Office of the
Director of National Intelligence report titled ``Assessing
the Saudi Government's Role in the Killing of Jamal
Khashoggi'', dated February 11, 2021.
(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. 110 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 for an individual entry into the United
States 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 an unclassified
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 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 is not arbitrarily
detaining citizens or legal residents of the United States
for arbitrary political reasons, including criticism of Saudi
government policies, peaceful advocacy of political beliefs,
or the pursuit of United States citizenship.
(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 has made significant
numerical reductions in individuals detained for peaceful
political reasons, including activists, journalists,
bloggers, lawyers, or critics.
(D) 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.
(E) The Government of Saudi Arabia has made meaningful
public commitments to uphold internationally recognized
standards governing the use, sale, and transfer of digital
surveillance items and services that can be used to abuse
human rights.
(F) The Government of Saudi Arabia has instituted
meaningful legal reforms to protect the rights of women, the
rights of freedom of expression and religion, and due process
in its judicial system.
(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'' means any
individual who is a citizen or national of a foreign country
(including any such individual who is also a citizen or
national of the United States).
(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) National.--The term ``national'', with respect to an
individual, has the meaning given that term in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101).
(6) 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. 1294. REPORT ON INTIMIDATION OR HARASSMENT DIRECTED
AGAINST INDIVIDUALS IN THE UNITED STATES AND
OTHER MATTERS.

(a) In General.--Not later than one year after the date of
the enactment of this Act, and annually 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 identifying any entities,
instrumentalities, or agents of the Government of Saudi
Arabia engaged in ``a consistent pattern of acts of
intimidation or harassment directed against individuals in
the United States'' pursuant to section 6 of the Arms Export
Control Act (22 U.S.C. 2756).
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A detailed description of such acts in the preceding
period.
(2) A certification of whether such acts during the
preceding period constitute a ``consistent pattern of acts of
intimidation or harassment directed against individuals in
the United States'' pursuant to section 6 of the Arms Export
Control Act (22 U.S.C. 2756).
(3) A determination of whether any United States-origin
defense articles were used in the commission of such acts.
(4) A determination of whether entities, instrumentalities,
or agents of the Government of Saudi Arabia supported or
received support from foreign governments, including China,
in the commission of such acts.
(5) Any actions taken by the United States Government to
deter incidents of intimidation or harassment directed
against individuals in the United States.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Sunset.--This section shall terminate on the date that
is 5 years after the date of the enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate.

SEC. 1295. REPORT ON EFFORTS TO UPHOLD HUMAN RIGHTS IN UNITED
STATES SECURITY ASSISTANCE PROGRAMS WITH THE
GOVERNMENT OF SAUDI ARABIA.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on efforts of the Department of State to ensure that United
States security assistance programs with Saudi Arabia are
formulated in a manner that will ``avoid identification of
the United States, through such programs, with governments
which deny to their people internationally recognized human
rights and fundamental freedoms'' in accordance with section
502B of the Foreign Assistance Act (22 U.S.C. 2304).
(b) 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 Representative.

[[Page S7739]]

SEC. 1296. REPORT ON CERTAIN ENTITIES CONNECTED TO FOREIGN
PERSONS ON THE MURDER OF JAMAL KHASHOGGI.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of appropriate agencies, shall
submit to the appropriate congressional committees a report
on private, commercial, and nongovernmental entities,
including non-profit foundations, controlled in whole or in
part by any foreign person named in the Office of the
Director of National Intelligence report titled ``Assessing
the Saudi Government's Role in the Killing of Jamal
Khashoggi'', dated February 11, 2021.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description of such entities.
(2) A detailed assessment, based in part on credible open
sources and other publicly-available information, of the
roles, if any, such entities played in the murder of Jamal
Khashoggi or any other gross violations of internationally
recognized human rights.
(3) A certification of whether any such entity is subject
to sanctions pursuant to the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note).
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include 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.
______