```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3155 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 3155

  To impose sanctions with respect to individuals responsible for the 
death of Jamal Khashoggi, to protect human rights in the sale, export, 
and transfer of defense articles and defense services to Saudi Arabia, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 3, 2021

  Mr. Menendez (for himself, Mr. Leahy, and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL

 
  To impose sanctions with respect to individuals responsible for the 
death of Jamal Khashoggi, to protect human rights in the sale, export, 
and transfer of defense articles and defense services to Saudi Arabia, 
                        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 ``Jamal Khashoggi Human Rights Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On October 2, 2018, Washington Post journalist Jamal 
        Khashoggi was murdered by agents of the Government of Saudi 
        Arabia in the consulate of Saudi Arabia in Istanbul, Turkey, 
        after having been monitored through commercial surveillance 
        software.
            (2) In 2019, the Department of Justice charged 2 Saudi 
        Arabian former employees of Twitter with acting as illegal 
        agents of the Government of Saudi Arabia, using their employee 
        access to obtain private information on dissidents and critics 
        of Saudi Arabia at the behest of that Government, and, 
        according to public reporting and human rights groups, the 
        Government of Saudi Arabia has also used commercial spyware to 
        monitor the movements and communications of dozens of activists 
        and journalists around the world and in the United States.
            (3) On July 30, 2019, the Committee on Foreign Relations of 
        the Senate approved, in a bipartisan vote, S. 398, 116th 
        Congress, known as the Saudi Arabia Accountability and Yemen 
        Act of 2019, which required, among other things, the imposition 
        of sanctions on any person involved in the death of Jamal 
        Khashoggi.
            (4) The National Defense Authorization Act for Fiscal Year 
        2020 (Public Law 116-92; 133 Stat. 1198), enacted on December 
        20, 2019, required the Director of National Intelligence to 
        submit to Congress a report including the identification of 
        those who carried out, participated in, ordered, or were 
        otherwise complicit in or responsible for the death of Jamal 
        Khashoggi.
            (5) On February 26, 2021, consistent with the National 
        Defense Authorization Act for Fiscal Year 2020, the Director of 
        National Intelligence released a report entitled ``Assessing 
        the Saudi Government's Role in the Killing of Jamal 
        Khashoggi'', concluding that Saudi Crown Prince Mohammed bin 
        Salman approved the operation that killed Khashoggi. The 
        Director's report also identified other senior officials of the 
        Government of Saudi Arabia who ``participated in, ordered, or 
        were otherwise complicit in or responsible for the death of 
        Jamal Khashoggi on behalf of Muhammad bin Salman''.
            (6) Section 7031(c) of the Consolidated Appropriations Act, 
        2021 (Public Law 116-260) requires the Secretary of State to 
        deny entry into the United States of ``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''.
            (7) Section 6 of the Arms Export Control Act (22 U.S.C. 
        2756) prohibits weapons transfers to foreign countries 
        determined by the President to be engaged in a ``pattern of 
        acts of intimidation or harassment directed against individuals 
        in the United States''.
            (8) In February 2020, the Federal Bureau of Investigation 
        declassified its assessment that officials of the Government of 
        Saudi Arabia ``almost certainly assist United States-based 
        [citizens of Saudi Arabia] in fleeing the United States because 
        of legal issues, undermining the United States judicial 
        process''.
            (9) Section 502B(a)(3) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2304(a)(3)) directs the President to formulate 
        and conduct international security assistance programs of the 
        United States in a manner which will ``avoid identification of 
        the United States, through such programs, with governments 
        which deny to their people internationally recognized human 
        rights and fundamental freedoms''.
            (10) Secretary of State Antony Blinken has affirmed the 
        United States national interest in preventing authoritarian 
        foreign governments from reaching beyond their borders to 
        intimidate or harm persons within the United States, stating, 
        ``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. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR 
              THE DEATH OF JAMAL KHASHOGGI.

    (a) In General.--On and after the date that is 90 days after the 
date of the enactment of this Act, all persons named in the qualifying 
report shall be subject to the same sanctions as a person included on 
the list of specially designated nationals and blocked persons 
maintained by the Office of Foreign Assets Control of the Department of 
the Treasury.
    (b) National Security Waiver.--
            (1) In general.--The President may, on a case-by-case 
        basis, waive for a period of not more than 90 days the 
        imposition of sanctions under subsection (a) with respect to a 
        person if the President submits to the appropriate 
        congressional committees--
                    (A) a written determination that the waiver is 
                vital to the national security interests of the United 
                States;
                    (B) a detailed explanation of how the waiver is 
                vital to those interests; and
                    (C) a certification that the Government of Saudi 
                Arabia is making significant progress toward meeting 
                the following criteria:
                            (i) The Government of Saudi Arabia has 
                        brought to justice officials of the Government 
                        of Saudi Arabia and members of the royal family 
                        of Saudi Arabia named in the qualifying report.
                            (ii) The Government of Saudi Arabia is not 
                        detaining, charging, or imposing travel bans on 
                        citizens or legal residents of the United 
                        States or any other third country for political 
                        reasons, including criticism of policies of 
                        that Government, peaceful advocacy of political 
                        beliefs, or the pursuit of United States 
                        citizenship.
                            (iii) The Government of Saudi Arabia is 
                        cooperating in outstanding criminal proceedings 
                        in the United States in which a citizen or 
                        national of Saudi Arabia departed from the 
                        United States while the citizen or national was 
                        awaiting trial or sentencing for a criminal 
                        offense committed in the United States.
                            (iv) The Government of Saudi Arabia is not 
                        detaining, charging, or imposing travel bans on 
                        citizens of Saudi Arabia, including civil 
                        society activists, journalists, bloggers, 
                        lawyers, or religious figures, for political 
                        reasons, including criticism of policies of 
                        that Government or peaceful advocacy of 
                        political beliefs.
                            (v) 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.
                            (vi) The Government of Saudi Arabia has 
                        made meaningful commitments to a multilateral 
                        framework on the lawful use, sale, and transfer 
                        of digital surveillance items and services that 
                        can be used to abuse human rights.
                            (vii) The Government of Saudi Arabia has 
                        instituted meaningful legal reforms to protect 
                        the rights of freedom of expression, religion, 
                        and due process, and women's rights, in its 
                        judicial system.
            (2) Renewal.--A waiver issued under paragraph (1) with 
        respect to an individual may be renewed, on a case-by-case 
        basis, if the President submits to the appropriate 
        congressional committees, with respect to each such waiver, the 
        determination, explanation, and certification required under 
        paragraph (1).
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Appropriations, and the Committee on Financial 
                Services of the House of Representatives.
            (2) Qualifying report.--The term ``qualifying report'' 
        means the report issued by the Office of the Director of 
        National Intelligence entitled ``Assessing the Saudi 
        Government's Role in the Killing of Jamal Khashoggi'', dated 
        February 11, 2021, and declassified by Director of National 
        Intelligence Avril D. Haines on February 25, 2021.

SEC. 4. REPORT ON AND SUSPENSION OF ASSISTANCE FOR INCIDENTS OF 
              ARBITRARY DETENTION, VIOLENCE, AND STATE-SANCTIONED 
              HARASSMENT BY THE GOVERNMENT OF SAUDI ARABIA AGAINST 
              UNITED STATES PERSONS AND FAMILY MEMBERS.

    (a) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 180 days 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 on incidents of arbitrary detention, 
        violence, and state-sanctioned harassment committed by the 
        Government of Saudi Arabia against United States persons, or 
        their family members who are not United States persons, in the 
        United States or foreign countries.
            (2) Matters to be included.--Each report required by 
        paragraph (1) shall include the following:
                    (A) A detailed description of the incidents 
                described in paragraph (1) that took place during the 
                1-year period preceding the date on which the report is 
                submitted.
                    (B) A certification of whether Saudi Arabia is 
                engaging in a ``consistent pattern of acts of 
                intimidation or harassment directed against individuals 
                in the United States'' for purposes of section 6 of the 
                Arms Export Control Act (22 U.S.C. 2756).
                    (C) A description of any actions taken to deter 
                incidents of intimidation or harassment committed by 
                the security agencies of such Government against United 
                States persons and their family members who are not 
                United States persons.
            (3) Form.--Each report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex if necessary.
    (b) Suspension of Assistance.--If the President determines in any 
report submitted under subsection (a) that the Government of Saudi 
Arabia has engaged in a pattern of acts of intimidation or harassment 
directed against United States persons or their family members who are 
not United States persons, the President shall cancel or suspend any 
letter of offer, credit, guarantee, or export license with the 
Government, in compliance with section 6 of the Arms Export Control Act 
(22 U.S.C. 2756), until such time as the President determines that the 
pattern of acts of intimidation or harassment has ceased.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, the Committee on 
                Appropriations, the Committee on Finance, and the 
                Select Committee on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Armed Services, the Committee on Appropriations, the 
                Committee on Ways and Means, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.
            (2) United states person.--The term ``United States 
        person'' means--
                    (A) a citizen of the United States 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 entity.

SEC. 5. PROTECTION OF HUMAN RIGHTS IN THE SALE, EXPORT, AND TRANSFER OF 
              DEFENSE ARTICLES AND DEFENSE SERVICES TO SAUDI ARABIA.

    (a) Assessment and Certifications Required.--
            (1) In general.--Not later than 30 days before any letter 
        of offer to sell a defense article or defense service 
        controlled for export to Saudi Arabia is concluded, or any 
        license to export or transfer such an article or service to 
        Saudi Arabia is authorized, the Secretary of State shall 
        transmit to the appropriate congressional committees the 
        following:
                    (A) An assessment by the Secretary of the risk that 
                the article or service will be used in the commission 
                of violations of international humanitarian law or 
                internationally recognized human rights.
                    (B) A certification that the Government of Saudi 
                Arabia has provided a written commitment not to use 
                such article or service in the commission, or to enable 
                the commission, of a violation of international 
                humanitarian law or internationally recognized human 
                rights.
                    (C) A certification that an effective end-use 
                monitoring program will be instituted to ensure that 
                such article or service is not used to violate 
                international humanitarian law or internationally 
                recognized human rights.
                    (D) A certification that the United States 
                Government has secured the legal right to require the 
                return of any United States-origin defense article 
                sold, exported, or transferred to Saudi Arabia if the 
                article has been used in the commission, or has enabled 
                the commission, of a violation of international 
                humanitarian law or internationally recognized human 
                rights.
            (2) Biannual report on end-use monitoring.--On a biannual 
        basis, the Secretary shall submit to the appropriate 
        congressional committees a report on the results of the end-use 
        monitoring program described in paragraph (1)(C).
    (b) Restriction on Services.--
            (1) In general.--No export license may be issued and no 
        letter of offer may be concluded by the United States 
        Government for the provision of services for military, 
        paramilitary, security, or intelligence-gathering activities to 
        Saudi Arabia.
            (2) Exceptions.--The restriction under paragraph (1) shall 
        not apply to the provision, under the supervision and 
        monitoring of United States Government personnel, of logistics, 
        supply, repair, support, or training services associated with 
        the lawful export of defense articles, or training in support 
        of those services, upon certification by the Secretary of State 
        to the appropriate committees of Congress that such services 
        will not be used in the surveillance or harassment of 
        activists, critics of the Government of Saudi Arabia, 
        journalists, bloggers, lawyers, and religious figures in Saudi 
        Arabia.
            (3) End-use monitoring.--Beginning not later than 45 days 
        after the date of the enactment of this Act, and thereafter on 
        a quarterly basis, the Secretary shall--
                    (A) verify whether any defense services provided 
                pursuant to export licenses or other authorizations are 
                enabling the provision of services described in 
                paragraph (1); and
                    (B) submit to the appropriate congressional 
                committees a report on the results of such 
                verification.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Finance of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Ways and Means of the House of 
                Representatives.
            (2) Defense article; defense service.--The terms ``defense 
        article'' and ``defense service'' have the meanings given those 
        terms in section 47 of the Arms Export Control Act (22 U.S.C. 
        2794).

SEC. 6. BRIEFINGS AND REPORT ON USE OF COMMERCIAL SURVEILLANCE 
              TECHNOLOGY AGAINST JOURNALISTS.

    (a) Briefings.--Not later than 60 days after the date of the 
enactment of this Act and periodically thereafter upon request, the 
Secretary of State, the Chief Executive Officer of the United States 
Agency for Global Media, and the heads of other relevant agencies shall 
provide briefings to the appropriate congressional committees on--
            (1) the utilization by foreign governments, including the 
        Government of Saudi Arabia, of commercially available 
        cyberintrusion and other surveillance technology to target 
        journalists, media companies, dissidents and activists, and 
        United States persons and interests; and
            (2) the efforts the executive branch is taking to combat 
        such utilization.
    (b) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        consultation with the Director of National Intelligence, shall 
        submit to the appropriate congressional committees a report 
        on--
                    (A) the utilization by foreign governments, 
                including the Government of Saudi Arabia, of 
                commercially available cyberintrusion and other 
                surveillance technology to target journalists, media 
                companies, dissidents and activists, and United States 
                persons and interests; and
                    (B) the efforts the executive branch is taking to 
                combat such utilization.
            (2) Form.--Thereport required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex if necessary.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Committee on Appropriations, the Committee 
        on Finance, and the Select Committee on Intelligence of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, the Committee on Appropriations, the Committee 
        on Ways and Means, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

SEC. 7. JAMAL KHASHOGGI PRESS FREEDOM AWARD.

    (a) Establishment of Award.--The Secretary of State may annually 
present the ``Jamal Khashoggi Press Freedom Award'' (referred to in 
this section as the ``Award'') to not more than 5 individuals or 
organizations who have demonstrated extraordinary efforts in journalism 
in the face of harassment, detention, prosecution, or obstruction by 
foreign governments or non-state actors.
    (b) Eligible Recipients.--To the maximum extent practicable, the 
Secretary of State shall present the Award to--
            (1) individuals who are United States citizens or foreign 
        nationals; and
            (2) domestic or foreign private, nongovernmental 
        organizations.
    (c) Selection Procedure.--The Secretary of State shall establish 
procedures for selecting recipients of the Award.
    (d) Report.--The Secretary of State shall submit an annual report 
to the appropriate congressional committees that--
            (1) lists the recipients of the Award for that year; and
            (2) explains the procedures for selecting such recipients.
    (e) Award Ceremony.--
            (1) In general.--The Secretary of State shall host an 
        annual ceremony for recipients of the Award as soon as 
        practicable after the date on which the Secretary submits the 
        report required under subsection (d).
            (2) Travel expenses.--The Secretary of State may pay the 
        reasonable travel costs incurred by each Award recipient and 
        his or her guest to attend the ceremony.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated, for each of the fiscal years 2022 through 2027, such sums 
as may be necessary to carry out this section.
    (g) 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 Representatives.
                                 <all>
```