I 

117TH CONGRESS 

1ST SESSION H. R. 1392 

To protect Saudi dissidents in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2021 

Mr. CONNOLLY (for himself and Ms. BASS) introduced the following bill; 

which was referred to the Committee on Foreign Affairs, and in addition 

to the Permanent Select Committee on Intelligence, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To protect Saudi dissidents in the United States, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protection of Saudi 

5 Dissidents Act of 2021’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Jamal Khashoggi, a United States resident, 

9 Saudi journalist, and Washington Post columnist, 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1392 IH

1 was killed and dismembered in the Saudi consulate 

2 in Istanbul, Turkey on October 2, 2018, by at least 

3 14 intelligence officers of the Government of Saudi 

4 Arabia. Khashoggi was lured to the consulate under 

5 the false cover of needing to address a consular mat6 ter. Following the killing, 17 officers from the Saudi 

7 intelligence service, or Mabahith, reportedly visited 

8 Istanbul and cleansed the crime scene. 

9 (2) At the time of his murder, Khashoggi was 

10 living in Virginia under an ‘‘O’’ visa and was in the 

11 process of applying for a permanent residency. 

12 (3) A subsequent, highly-credible investigation 

13 by the United Nations concluded that Khashoggi’s 

14 killing was premeditated and that the mission was 

15 endorsed, planned, and overseen by senior Saudi of16 ficials. 

17 SEC. 3. RESTRICTIONS ON TRANSFERS OF DEFENSE ARTI18 CLES AND SERVICES, DESIGN AND CON19 STRUCTION SERVICES, AND MAJOR DEFENSE 

20 EQUIPMENT TO SAUDI ARABIA. 

21 (a) INITIAL PERIOD.—During the 120-day period be22 ginning on the date of the enactment of this Act, the 

23 President may not sell, authorize a license for the export 

24 of, or otherwise transfer any defense articles or defense 

25 services, design and construction services, or major deVerDate Sep 11 2014 15:46 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1392.IH H1392

pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 1392 IH

1 fense equipment under the Arms Export Control Act (22 

2 U.S.C. 2751 et seq.) to an intelligence, internal security, 

3 or law enforcement agency or instrumentality of the Gov4 ernment of Saudi Arabia, or to any person acting as an 

5 agent of or on behalf of such agency or instrumentality. 

6 (b) SUBSEQUENT PERIODS.— 

7 (1) IN GENERAL.—During the 120-day period 

8 beginning after the end of the 120-day period de9 scribed in subsection (a), and each 120-day period 

10 thereafter, the President may not sell, authorize a li11 cense for the export of, or otherwise transfer any de12 fense articles or services, design and construction 

13 services, or major defense equipment under the 

14 Arms Export Control Act (22 U.S.C. 2751 et seq.), 

15 regardless of the amount of such articles, services, 

16 or equipment, to an intelligence, internal security, or 

17 law enforcement agency or instrumentality of the 

18 Government of Saudi Arabia, or to any person act19 ing as an agent of or on behalf of such agency or 

20 instrumentality, unless the President has submitted 

21 to the chairman and ranking member of the appro22 priate congressional committees a certification de23 scribed in paragraph (2). 

24 (2) CERTIFICATION.—A certification described 

25 in this paragraph is a certification that contains a 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 1392 IH

1 determination of the President that, during the 120- 

2 day period preceding the date of submission of the 

3 certification, the Government of Saudi Arabia has 

4 not conducted any of the following activities: 

5 (A) Forced repatriation, silencing, or kill6 ing of dissidents in other countries. 

7 (B) The unjust imprisonment in Saudi 

8 Arabia of United States citizens or aliens law9 fully admitted for permanent residence or the 

10 prohibition on these individuals and their family 

11 members from exiting Saudi Arabia. 

12 (C) Torture of detainees in the custody of 

13 the Government of Saudi Arabia. 

14 (c) WAIVER.— 

15 (1) IN GENERAL.—The President may waive 

16 the restrictions in this section if the President sub17 mits to the appropriate congressional committees a 

18 report not later than 15 days before the granting of 

19 such waiver that contains— 

20 (A) a determination of the President that 

21 such a waiver is in the vital national security 

22 interests of the United States; and 

23 (B) a detailed justification for the use of 

24 such waiver and the reasons why the restric25 tions in this section cannot be met. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 1392 IH

1 (2) FORM.—The report required by this sub2 section shall be submitted in unclassified form, but 

3 may contain a classified annex. 

4 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

5 DEFINED.—In this section, the term ‘‘appropriate con6 gressional committees’’ means— 

7 (1) the Committee on Foreign Affairs, the Per8 manent Select Committee on Intelligence, and the 

9 Committee on Armed Services of the House of Rep10 resentatives; and 

11 (2) the Committee on Foreign Relations, the 

12 Select Committee on Intelligence, and the Com13 mittee on Armed Services of the Senate. 

14 SEC. 4. REPORT ON CONSISTENT PATTERN OF ACTS OF IN15 TIMIDATION OR HARASSMENT DIRECTED 

16 AGAINST INDIVIDUALS IN THE UNITED 

17 STATES. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) Section 6 of the Arms Export Control Act 

20 (22 U.S.C. 2756) states that ‘‘no transfers or letters 

21 of offer may be issued, no credits or guarantees may 

22 be extended, and no export licenses may be issued 

23 under this Act with respect to any country deter24 mined by the President to be engaged in a consistent 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 1392 IH

1 pattern of acts of intimidation or harassment di2 rected against individuals in the United States’’. 

3 (2) Section 6 of the Arms Export Control Act 

4 further requires the President to report any such de5 termination promptly to the Speaker of the House of 

6 Representatives, the Committee on Foreign Affairs 

7 of the House of Representatives, and to the chair8 man of the Committee on Foreign Relations of the 

9 Senate. 

10 (b) REPORT.—Not later than 60 days after the date 

11 of the enactment of this Act, the President shall submit 

12 to the appropriate congressional committees a report on— 

13 (1) whether any official of the Government of 

14 Saudi Arabia engaged in a consistent pattern of acts 

15 of intimidation or harassment directed against 

16 Jamal Khashoggi or any individual in the United 

17 States; and 

18 (2) whether any United States-origin defense 

19 articles were used in the activities described in para20 graph (1). 

21 (c) FORM.—The report required by subsection (b) 

22 shall be submitted in unclassified form but may contain 

23 a classified annex. 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 1392 IH

1 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

2 DEFINED.—In this section, the term ‘‘appropriate con3 gressional committees’’ means— 

4 (1) the Committee on Foreign Affairs and the 

5 Permanent Select Committee on Intelligence of the 

6 House of Representatives; and 

7 (2) the Committee on Foreign Relations and 

8 the Select Committee on Intelligence of the Senate. 

9 SEC. 5. REPORT AND CERTIFICATION WITH RESPECT TO 

10 SAUDI DIPLOMATS AND DIPLOMATIC FACILI11 TIES IN THE UNITED STATES. 

12 (a) REPORT.—Not later than 120 days after the date 

13 of the enactment of this Act, the President shall submit 

14 to the appropriate congressional committees a report cov15 ering the three-year period preceding such date of enact16 ment regarding whether and to what extent covered per17 sons used diplomatic credentials, visas, or covered facilities 

18 to facilitate monitoring, tracking, surveillance, or harass19 ment of, or harm to, other nationals of Saudi Arabia living 

20 in the United States. 

21 (b) CERTIFICATION.— 

22 (1) IN GENERAL.—Not later than 120 days 

23 after the date of the enactment of this Act, the 

24 President shall, if the President determines that 

25 such is the case, submit to the appropriate congresVerDate Sep 11 2014 15:46 Mar 24, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1392.IH H1392

pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 1392 IH

1 sional committees a certification that covered per2 sons are not using diplomatic credentials, visas, or 

3 covered facilities to facilitate monitoring, tracking, 

4 surveillance, or harassment of, or harm to, other na5 tionals of Saudi Arabia living in the United States 

6 during the time period covered by each such certifi7 cation. 

8 (2) FAILURE TO SUBMIT CERTIFICATION.—If 

9 the President does not submit a certification under 

10 paragraph (1), the President shall— 

11 (A) close one or more covered facilities for 

12 such period of time until the President does 

13 submit such a certification; and 

14 (B) submit to the appropriate congres15 sional committee a report that contains— 

16 (i) a detailed explanation of why the 

17 President is unable to make such a certifi18 cation; 

19 (ii) a list and summary of engage20 ments of the United States Government 

21 with the Government of Saudi Arabia re22 garding the use of diplomatic credentials, 

23 visas, or covered facilities described in 

24 paragraph (1); and 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 1392 IH

1 (iii) a description of actions the 

2 United States Government has taken or in3 tends to take in response to the use of dip4 lomatic credentials, visas, or covered facili5 ties described in paragraph (1). 

6 (c) FORM.—The report required by subsection (a) 

7 and the certification and report required by subsection (b) 

8 shall be submitted in unclassified form but may contain 

9 a classified annex. 

10 (d) WAIVER.— 

11 (1) IN GENERAL.—The President may waive 

12 the restrictions in this section if the President sub13 mits to the appropriate congressional committees a 

14 report not later than 15 days before the granting of 

15 such waiver that contains— 

16 (A) a determination of the President that 

17 such a waiver is in the vital national security 

18 interests of the United States; and 

19 (B) a detailed justification for the use of 

20 such waiver and the reasons why the restric21 tions in this section cannot be met. 

22 (2) FORM.—The report required by this sub23 section shall be submitted in unclassified form, but 

24 may contain a classified annex. 

25 (e) DEFINITIONS.—In this section: 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 1392 IH

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Affairs and 

5 the Permanent Select Committee on Intelligence 

6 of the House of Representatives; and 

7 (B) the Committee on Foreign Relations 

8 and the Select Committee on Intelligence of the 

9 Senate. 

10 (2) COVERED FACILITY.—The term ‘‘covered 

11 facility’’ means a diplomatic or consular facility of 

12 Saudi Arabia in the United States. 

13 (3) COVERED PERSON.—The term ‘‘covered 

14 person’’ means a national of Saudi Arabia 

15 credentialed to a covered facility. 

16 SEC. 6. REPORT ON THE DUTY TO WARN OBLIGATION OF 

17 THE GOVERNMENT OF THE UNITED STATES. 

18 (a) FINDINGS.—Congress finds that Intelligence 

19 Community Directive 191 provides that— 

20 (1) when an element of the intelligence commu21 nity of the United States collects or acquires credible 

22 and specific information indicating an impending 

23 threat of intentional killing, serious bodily injury, or 

24 kidnapping directed at a person, the agency must 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 1392 IH

1 ‘‘warn the intended victim or those responsible for 

2 protecting the intended victim, as appropriate’’; and 

3 (2) when issues arise with respect to whether 

4 the threat information rises to the threshold of 

5 ‘‘duty to warn’’, the directive calls for resolution in 

6 favor of warning the intended victim. 

7 (b) REPORT.—Not later than 90 days after the date 

8 of the enactment of this Act, the Director of National In9 telligence, in coordination with the heads of other relevant 

10 United States intelligence agencies, shall submit to the ap11 propriate congressional committees a report with respect 

12 to— 

13 (1) whether and how the intelligence community 

14 fulfilled its duty to warn Jamal Khashoggi of threats 

15 to his life and liberty pursuant to Intelligence Com16 munity Directive 191; and 

17 (2) in the case of the intelligence community 

18 not fulfilling its duty to warn as described in para19 graph (1), why the intelligence community did not 

20 fulfill this duty. 

21 (c) FORM.—The report required by subsection (b) 

22 shall be submitted in unclassified form but may contain 

23 a classified annex. 

24 (d) DEFINITIONS.—In this section: 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 1392 IH

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Affairs and 

5 the Permanent Select Committee on Intelligence 

6 of the House of Representatives; and 

7 (B) the Committee on Foreign Relations 

8 and the Select Committee on Intelligence of the 

9 Senate. 

10 (2) DUTY TO WARN.—The term ‘‘duty to warn’’ 

11 has the meaning given that term in Intelligence 

12 Community Directive 191, as in effect on July 21, 

13 2015. 

14 (3) INTELLIGENCE COMMUNITY.—The term 

15 ‘‘intelligence community’’ has the meaning given 

16 such term in section 3(4) of the National Security 

17 Act of 1947 (50 U.S.C. 3003(4)). 

18 (4) RELEVANT UNITED STATES INTELLIGENCE

19 AGENCY.—The term ‘‘relevant United States intel20 ligence agency’’ means any element of the intel21 ligence community that may have possessed intel22 ligence reporting regarding threats to Jamal 

23 Khashoggi. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS