I 

118TH CONGRESS 

1ST SESSION H. R. 5855 

To enshrine the legacy of Jamal Khashoggi by protecting activists and journalists, codifying the Khashoggi Ban, and introducing the Khashoggi 

Amendment to the Foreign Sovereign Immunities Act, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2023 

Mr. SCHIFF (for himself, Ms. MCCOLLUM, Mr. CONNOLLY, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To enshrine the legacy of Jamal Khashoggi by protecting 

activists and journalists, codifying the Khashoggi Ban, 

and introducing the Khashoggi Amendment to the Foreign Sovereign Immunities Act, 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 ‘‘Jamal Khashoggi Pro5 tection of Activists and Press Freedom Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) A free and independent press is necessary 

2 for citizens to make informed choices on issues of 

3 public concern, to have the information necessary to 

4 recognize truth from falsehood, and to hold the pow5 erful and Government officials to account. 

6 (2) As reflected in the First Amendment to the 

7 United States Constitution, a free press is essential 

8 to safeguard democracy. 

9 (3) The suppression of the press is historically 

10 associated with authoritarian rule. 

11 (4) As provided in article 19 of the United Na12 tions Universal Declaration of Human Rights and 

13 the International Covenant on Civil and Political 

14 Rights, all people enjoy the right to freedom of opin15 ion and expression, which includes the right to seek, 

16 receive, and impart information. 

17 (5) An informed public is fundamental to a free 

18 society. 

19 (6) In accordance with a long United States 

20 history of championing freedom of the press around 

21 the globe, the Daniel Pearl Freedom of the Press 

22 Act of 2009 was enacted into law (Public Law 111– 

23 166). 

24 (7) Since the passage of the Daniel Pearl Free25 dom of the Press Act of 2009, the global environVerDate Sep 11 2014 00:06 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5855.IH H5855

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1 ment for a free and independent press has become 

2 more repressive. 

3 (8) According to data from the Committee to 

4 Protect Journalists, at least 363 journalists were im5 prisoned globally in relation to their work as of De6 cember 1, 2022, a new global high that overtakes 

7 the prior year’s record by 20 percent and marks an8 other grim milestone in a deteriorating media land9 scapes. The Committee to Protect Journalists also 

10 reported there was complete impunity in nearly 80 

11 percent of the 263 cases of journalists murdered 

12 globally between September 1, 2012, to August 31, 

13 2022. 

14 (9) According to Freedom House’s publication 

15 ‘‘Freedom in the World 2023’’, global freedom has 

16 declined for 17 consecutive years, and over the past 

17 year, media freedom came under pressure in at least 

18 157 countries and territories assessed in the report. 

19 Freedom House data also show that freedom of ex20 pression, for the media and individuals, has declined 

21 more than any other civil liberty over the last 17 

22 years, and infringement on free expression is one of 

23 the biggest drivers of democratic backsliding glob24 ally. 


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1 (10) According to data from Reporters Without 

2 Borders, 55 journalists were killed in 2022, an al3 most 15 percent increase over the prior year, and 

4 since 2020, more journalists have been deliberately 

5 targeted and killed in countries considered ‘‘at 

6 peace’’ than in conflict zones. 

7 (11) In 2018, the brutal murder of Jamal 

8 Khashoggi at the hands of Saudi intelligence officers 

9 acting on explicit orders of the Saudi Government 

10 underscored the extent to which those in power will 

11 go to stifle the freedom of expression, silence their 

12 critics, and eliminate the threat they believe inde13 pendent journalists pose to their rule. The Office of 

14 the Director of National Intelligence released a par15 tial, declassified intelligence report on February 26, 

16 2021, which concluded that Khashoggi’s murder was 

17 approved by Saudi Crown Prince Mohamed bin 

18 Salman. However, impunity continues for the Saudi 

19 officials involved in this crime. 

20 (12) In March 2022, a Turkish judge, likely at 

21 the behest of President Recep Tayyip Erdog ̆an, 

22 issued a ruling that closed the criminal trial of the 

23 perpetrators in Tu ̈rkiye (Turkey) and transferred it 

24 to Saudi Arabia, where the case against the perVerDate Sep 11 2014 00:06 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5855.IH H5855

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1 petrators was promptly dismissed, foreclosing the 

2 prospect that they will ever be held accountable. 

3 (13) In an effort to combat attacks against 

4 journalists and others exercising their right to free5 dom of expression, Secretary of State Antony J. 

6 Blinken in February 2021 announced the Khashoggi 

7 Ban, a new policy allowing the Department of State 

8 to impose visa restrictions on individuals who, acting 

9 on behalf of a foreign government, are believed to 

10 have been directly engaged in serious, 

11 extraterritorial counter-dissident activities, including 

12 activities that suppress, harass, surveil, threaten, or 

13 harm journal1ists, activists, or other persons per14 ceived to be dissidents for their work. 

15 SEC. 3. KHASHOGGI BAN GROUND OF INADMISSIBILITY. 

16 Section 212(a)(3) of the Immigration and Nationality 

17 Act (8 U.S.C. 1182(a)(3)) is amended by adding at the 

18 end the following: 

19 ‘‘(H) KHASHOGGI BAN.— 

20 ‘‘(i) IN GENERAL.—An alien who is 

21 determined by the Secretary of State, or 

22 the Secretary of Homeland Security in 

23 consultation with the Secretary of State, to 

24 be engaged in counter-dissident activities is 

25 inadmissible. 


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1 ‘‘(ii) DISCRETIONARY BAN.—Any alien 

2 who is an immediate family member of an 

3 alien who is inadmissible under clause (i) 

4 may be inadmissible, as determined by the 

5 Secretary of State or the Secretary of 

6 Homeland Security, in consultation with 

7 the Secretary of State. 

8 ‘‘(iii) NOTIFICATION OF DETERMINA9 TIONS.—If an alien is determined to be in10 admissible under clause (i) or (ii), the Sec11 retary of State, or the Secretary of Home12 land Security in consultation with the Sec13 retary of State, shall notify Congress, and 

14 may also make a public statement, identi15 fying the alien and the reasons for the de16 termination. 

17 ‘‘(iv) CLARIFICATION.—For the pur18 poses of clause (iii), the records of the De19 partment of State and of diplomatic and 

20 consular offices of the United States per21 taining to the issuance or refusal of visas 

22 or permits to enter the United States shall 

23 not be considered confidential. 

24 ‘‘(v) NATIONAL INTEREST WAIVER.— 

25 The Secretary of State or the Secretary of 


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1 Homeland Security, in consultation with 

2 the Secretary of State, may waive the re3 quirements of this subparagraph, or any 

4 part thereof, if such Secretary determines 

5 that such a waiver— 

6 ‘‘(I) is necessary to permit the 

7 United States to comply with the 

8 Agreement Regarding the Head9 quarters of the United Nations, 

10 signed at Lake Success June 26, 

11 1947, and entered into force Novem12 ber 21, 1947 (TIAS 1676), or any 

13 other applicable international obliga14 tion of the United States; or 

15 ‘‘(II) is in the national interest of 

16 the United States. 

17 Such waiver shall be made in writing to 

18 Congress and shall include a brief descrip19 tion of the how such waiver relates to a 

20 reason described in subclause (I) or (II). 

21 ‘‘(vi) DEFINITION.—In this subpara22 graph, the term ‘counter-dissident activi23 ties’ means actions taken by a foreign gov24 ernment or an individual who operates sub25 ject to the direction or control of a foreign 


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1 government or official, to silence, suppress, 

2 harass, surveil, threaten, or harm journal3 ists, activists, or other persons perceived to 

4 be dissidents by the foreign government, 

5 which may include extrajudicial executions, 

6 physical attacks, digital stalking, abduc7 tions, illegal deportations, or other forms 

8 of aggression, threats, or intimidation to9 ward the targeted individual or close asso10 ciates or family members of that indi11 vidual.’’. 

12 SEC. 4. KHASHOGGI AMENDMENT TO THE FOREIGN SOV13 EREIGN IMMUNITIES ACT. 

14 (a) GENERAL EXCEPTIONS TO THE JURISDICTIONAL

15 IMMUNITY OF A FOREIGN STATE.—Section 1605(a) of 

16 title 28, United States Code, is amended— 

17 (1) in paragraph (5)(B), by striking ‘‘or’’ at the 

18 end; 

19 (2) in paragraph (6), by striking the period and 

20 inserting ‘‘; or’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(7) in which money damages are sought 

23 against a foreign state for the personal injury or 

24 death of a United States person (as such term is de25 fined in section 1637(d)(10) of the Carl Levin and 


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1 Howard P. ‘Buck’ McKeon National Defense Au2 thorization Act for Fiscal Year 2015 (50 U.S.C. 

3 1708(d)(10)), which personal injury or death oc4 curred— 

5 ‘‘(A) outside of the territory of that foreign 

6 state on or after October 2, 2017; and 

7 ‘‘(B) as a direct result of actions taken 

8 outside of the territory of that foreign state by 

9 a foreign state or an individual who operated 

10 subject to the direction or control of a foreign 

11 state or official, to silence, suppress, harass, 

12 surveil, threaten, or harm the United States 

13 person because of that person’s role as a jour14 nalist, activist, or other perceived dissidence.’’. 

15 (b) EXCEPTIONS TO THE IMMUNITY FROM ATTACH16 MENT OR EXECUTION.—Section 1610 of title 28, United 

17 States Code, is amended by striking ‘‘section 1605(a)(2), 

18 (3), or (5)’’ and inserting ‘‘paragraph (2), (3), (5), or (7) 

19 of section 1605(a)’’. 

20 SEC. 5. REPORT TO CONGRESS. 

21 (a) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, and every year thereafter for 

23 three years, the Secretary of State shall submit to the 

24 Committee on Foreign Affairs of the House of Representa25 tives, the Committee on Foreign Relations of the Senate, 


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1 and the Committees on the Judiciary of the House of Rep2 resentatives and of the Senate, a report, including a classi3 fied annex if necessary, describing, for the previous year, 

4 each act of serious counter-dissident activity committed 

5 by— 

6 (1) each individual determined to be inadmis7 sible under section 212(a)(3)(H) of the Immigration 

8 and Nationality Act (8 U.S.C. 1182); and 

9 (2) each individual with respect to whom a 

10 waiver was granted under clause (v) of such section 

11 212(a)(3)(H) and a justification for each such waiv12 er. 

13 (b) POSTING OF REPORT.—The Secretary of State 

14 shall make the unclassified version of the report required 

15 under subsection (a) publicly available on the website of 

16 the Department of State. 

17 SEC. 6. RULE OF CONSTRUCTION. 

18 Nothing in this Act or an amendment made by this 

19 Act may be construed to alter or affect any sanction im20 posed with respect to violations of human rights under any 

21 other provision of law or to limit the authority of the 

22 President to impose sanctions with respect to violations 

23 of human rights. 

Æ 


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