II 

116TH CONGRESS 

1ST SESSION S. 230 

To require a report on foreign nationals who flee from the United States 

while awaiting trial or sentencing for a criminal offense committed in 

the United States, to establish a list of countries who have assisted 

or facilitated with such departures, to penalize parties connected to 

such departures, and to amend the Internal Revenue Code of 1986 

to prohibit the exclusion from gross income from certain investments 

made by foreign governments who are identified on such list. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 24), 2019 

Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To require a report on foreign nationals who flee from the 

United States while awaiting trial or sentencing for a 

criminal offense committed in the United States, to establish a list of countries who have assisted or facilitated 

with such departures, to penalize parties connected to 

such departures, and to amend the Internal Revenue 

Code of 1986 to prohibit the exclusion from gross income 

from certain investments made by foreign governments 

who are identified on such list. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preserving American 

3 Justice Act’’. 

4 SEC. 2. INVESTIGATION OF CERTAIN FOREIGN NATIONALS. 

5 (a) INVESTIGATION.—Not later than 90 days after 

6 the date of enactment of this Act, the Attorney General 

7 shall complete an investigation of whether the Government 

8 of Saudi Arabia materially assisted or facilitated any cit9 izen or national of Saudi Arabia, including Abdulrahman 

10 Noorah, Abdulaziz Al Duways, Waleed Ali Alharthi, 

11 Suliman Ali Algwaiz, and Ali Hussain Alhamoud, in de12 parting from the United States while the citizen or na13 tional was awaiting trial or sentencing for a criminal of14 fense committed in the United States. 

15 (b) REPORT.—If the Attorney General determines 

16 that the Government of Saudi Arabia did materially assist 

17 or facilitate a citizen or national of Saudi Arabia as de18 scribed in subsection (a), the Attorney General shall sub19 mit a written report to Congress and the Secretary of 

20 State detailing the findings of the investigation. 

21 (c) PROHIBITION ON ISSUANCE AND REVOCATION OF

22 CERTAIN VISAS.— 

23 (1) IN GENERAL.—Except as provided under 

24 paragraph (2), if the Secretary of State receives a 

25 report under subsection (b), the Secretary of State 

26 may not issue a visa, and shall revoke any visa 


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1 issued, to a Member of the Council of Ministers of 

2 Saudi Arabia, an immediate family member of a 

3 Member of the Council of Ministers of Saudi Arabia, 

4 a descendant of the King of Saudi Arabia, or an im5 mediate family member of such a descendant until 

6 the date on which the citizen or national of Saudi 

7 Arabia described in the report is extradited to the 

8 United States for completion of the trial or sen9 tencing. 

10 (2) EXCEPTION.—The Secretary of State may 

11 issue a visa otherwise prohibited under paragraph 

12 (1), or not revoke a visa otherwise required to be re13 voked under such paragraph, if the Secretary deter14 mines that it is necessary— 

15 (A) to enable the President to receive an 

16 Ambassador or other public Minister under Ar17 ticle II, section 3, of the Constitution in a man18 ner consistent with the Vienna Conventions on 

19 Diplomatic and Consular Relations; or 

20 (B) to permit the United States to comply 

21 with the Agreement regarding the Head22 quarters of the United Nations, signed at Lake 

23 Success June 26, 1947, and entered into force 

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1 tions and the United States, or with any other 

2 applicable international obligations. 

3 (3) VIENNA CONVENTIONS ON DIPLOMATIC AND

4 CONSULAR RELATIONS DEFINED.—In this sub5 section, the term ‘‘Vienna Conventions on Diplo6 matic and Consular Relations’’ means— 

7 (A) the Vienna Convention on Diplomatic 

8 Relations, done at Vienna April 18, 1961; and 

9 (B) the Vienna Convention on Consular 

10 Relations, done at Vienna April 24, 1963. 

11 SEC. 3. TREATMENT OF FOREIGN NATIONALS FLEEING THE 

12 UNITED STATES DURING CRIMINAL PRO13 CEEDINGS. 

14 (a) FOREIGN NATIONAL DEFINED.—In this section, 

15 the term ‘‘foreign national’’ means an individual in the 

16 United States who is not a citizen of the United States. 

17 (b) REPORT.—Not later than 6 months after the date 

18 of enactment of this Act, and once every year thereafter, 

19 the Attorney General, acting through the Director of the 

20 Bureau of Justice Statistics, in coordination with the Sec21 retary of Homeland Security, shall— 

22 (1) collect information from State courts and 

23 law enforcement agencies on any foreign nationals 

24 who have, during the reporting period, departed 

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1 tencing for a criminal offense committed in the 

2 United States; and 

3 (2) publish a report based on the information 

4 collected under paragraph (1). 

5 (c) LIST OF COUNTRIES.— 

6 (1) IN GENERAL.—The Attorney General, in co7 ordination with the Director of National Intelligence, 

8 shall establish and maintain a list of countries the 

9 governments of which have, in the determination of 

10 the Attorney General, materially assisted or facili11 tated the departure of any foreign national included 

12 in the report required under subsection (b). 

13 (2) DETERMINATION.—In establishing and 

14 maintaining the list required under paragraph (1), 

15 the Attorney General— 

16 (A) shall take into account the information 

17 in the annual reports published under sub18 section (b)(2); and 

19 (B) may include or remove any country as 

20 the Attorney General determines appropriate. 

21 (3) REPORT TO CONGRESS.—Not later than 1 

22 year after the date of enactment of this Act, and 

23 once every year thereafter, the Attorney General 

24 shall submit to Congress a report on the procedures 

25 used by the Attorney General in determining which 


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1 countries are on the list maintained under para2 graph (1). 

3 (d) LOSS OF TAX EXCLUSION FOR FOREIGN GOV4 ERNMENTS INCLUDED ON LIST.—Section 892 of the In5 ternal Revenue Code of 1986 is amended by redesignating 

6 subsection (c) as subsection (d) and by inserting after sub7 section (b) the following new subsection: 

8 ‘‘(c) EXCEPTION.—Subsection (a)(1) shall not apply 

9 to any foreign government which is identified on the list 

10 maintained by the Attorney General pursuant to section 

11 3(c) of the Preserving American Justice Act for any period 

12 beginning with the date that is 30 days after the date such 

13 foreign government is added to such list and ending with 

14 the date such foreign government is removed from such 

15 list.’’. 

Æ 


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