SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protection of Saudi 
Dissidents Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Jamal Khashoggi, a United States resident, 
Saudi journalist, and Washington Post columnist, 
was killed and dismembered in the Saudi consulate 
in Istanbul, Turkey on October 2, 2018. 
(2) At the time of his murder, Khashoggi was 
living in Virginia under an ‘‘O’’ visa and was in the 
process of applying for a permanent residency. 
(3) A report by the Office of the Director of 
National Intelligence (ODNI) found that Saudi Ara-
bia’s Crown Prince Muhammad bin Salman ap-
proved an operation in Istanbul, Turkey to capture 
or kill Khashoggi. 
(4) The assessment of the ODNI was based on 
‘‘the Crown Prince’s control of decisionmaking in 
the Kingdom, the direct involvement of a key adviser 
and members of Muhammad bin Salman’s protective 
detail in the operation, and the Crown Prince’s sup-
port for using violent measures to silence dissidents 
abroad’’.
(5) The report also reiterates that ‘‘the Crown 
Prince has had absolute control of the Kingdom’s se-
curity and intelligence organizations’’ since 2017. 
SEC. 3. RESTRICTIONS ON TRANSFERS OF DEFENSE ARTI-
CLES AND SERVICES, DESIGN AND CON-
STRUCTION SERVICES, AND MAJOR DEFENSE 
EQUIPMENT TO SAUDI ARABIA. 
(a) INITIAL PERIOD.—During the 120-day period be-
ginning on the date of the enactment of this Act, the 
President may not sell, authorize a license for the export 
of, or otherwise transfer any defense articles or defense 
services, design and construction services, or major de-
fense equipment under the Arms Export Control Act (22 
U.S.C. 2751 et seq.) to an intelligence, internal security, 
or law enforcement agency or instrumentality of the Gov-
ernment of Saudi Arabia, or to any person acting as an 
agent of or on behalf of such agency or instrumentality. 
(b) SUBSEQUENT PERIODS.— 
(1) IN GENERAL.—During the 120-day period 
beginning after the end of the 120-day period de-
scribed in subsection (a), and each 120-day period 
thereafter, the President may not sell, authorize a li-
cense for the export of, or otherwise transfer any de-
fense articles or services, design and construction 
services, or major defense equipment under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), 
regardless of the amount of such articles, services, 
or equipment, to an intelligence, internal security, or 
law enforcement agency or instrumentality of the 
Government of Saudi Arabia, or to any person act-
ing as an agent of or on behalf of such agency or 
instrumentality, unless the President has submitted 
to the chairman and ranking member of the appro-
priate congressional committees a certification de-
scribed in paragraph (2). 
(2) CERTIFICATION.—A certification described 
in this paragraph is a certification that contains a 
determination of the President that, during the 120- 
day period preceding the date of submission of the 
certification, the United States Government has not 
determined that the Government of Saudi Arabia 
has conducted any of the following activities: 
(A) Forced repatriation, intimidation, or 
killing of dissidents in other countries. 
(B) The unjust imprisonment in Saudi 
Arabia of United States citizens or aliens law-
fully admitted for permanent residence or the 
prohibition on these individuals and their family 
members from exiting Saudi Arabia.
(C) Torture of detainees in the custody of 
the Government of Saudi Arabia. 
(c) EXCEPTION.—The restrictions in this section 
shall not apply with respect to the sale, authorization of 
a license for export, or transfer of any defense articles or 
services, design and construction services, or major de-
fense equipment under the Arms Export Control Act (22 
U.S.C. 2751 et seq.) for use in— 
(1) the defense of the territory of Saudi Arabia 
from external threats; or 
(2) the defense of United States military or dip-
lomatic personnel or United States facilities located 
in Saudi Arabia. 
(d) WAIVER.— 
(1) IN
GENERAL.—The President may waive 
the restrictions in this section if the President sub-
mits to the appropriate congressional committees a 
report not later than 15 days before the granting of 
such waiver that contains— 
(A) a determination of the President that 
such a waiver is in the vital national security 
interests of the United States; and 
(B) a detailed justification for the use of 
such waiver and the reasons why the restric-
tions in this section cannot be met.
(2) FORM.—The report required by this sub-
section shall be submitted in unclassified form, but 
may contain a classified annex. 
(e) SUNSET.—This section shall terminate on the 
date that is 3 years after the date of the enactment of 
this Act. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs, the Per-
manent Select Committee on Intelligence, and the 
Committee on Armed Services of the House of Rep-
resentatives; and 
(2) the Committee on Foreign Relations, the 
Select Committee on Intelligence, and the Com-
mittee on Armed Services of the Senate. 
SEC. 4. REPORT ON CONSISTENT PATTERN OF ACTS OF IN-
TIMIDATION 
OR 
HARASSMENT 
DIRECTED 
AGAINST 
INDIVIDUALS 
IN 
THE 
UNITED 
STATES. 
(a) FINDINGS.—Congress finds the following: 
(1) Section 6 of the Arms Export Control Act 
(22 U.S.C. 2756) states that ‘‘no transfers or letters 
of offer may be issued, no credits or guarantees may 
be extended, and no export licenses may be issued
under this Act with respect to any country deter-
mined by the President to be engaged in a consistent 
pattern of acts of intimidation or harassment di-
rected against individuals in the United States’’. 
(2) Section 6 of the Arms Export Control Act 
further requires the President to report any such de-
termination promptly to the Speaker of the House of 
Representatives, the Committee on Foreign Affairs 
of the House of Representatives, and to the chair-
man of the Committee on Foreign Relations of the 
Senate. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the President shall submit 
to the appropriate congressional committees a report on— 
(1) whether any official of the Government of 
Saudi Arabia engaged in a consistent pattern of acts 
of intimidation or harassment directed against 
Jamal Khashoggi or any individual in the United 
States; and 
(2) whether any United States-origin defense 
articles were used in the activities described in para-
graph (1). 
(c) FORM.—The report required by subsection (b) 
shall be submitted in unclassified form but may contain 
a classified annex.
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional 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. 
SEC. 5. REPORT AND CERTIFICATION WITH RESPECT TO 
SAUDI DIPLOMATS AND DIPLOMATIC FACILI-
TIES IN THE UNITED STATES. 
(a) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the President shall submit 
to the appropriate congressional committees a report cov-
ering the three-year period preceding such date of enact-
ment regarding whether and to what extent covered per-
sons used diplomatic credentials, visas, or covered facilities 
to facilitate monitoring, tracking, surveillance, or harass-
ment of, or harm to, other nationals of Saudi Arabia living 
in the United States. 
(b) CERTIFICATION.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, and each 
120-day period thereafter, the President shall, if the 
President determines that such is the case, submit
to the appropriate congressional committees a cer-
tification that the United States Government has 
not determined covered persons to be using diplo-
matic credentials, visas, or covered facilities to facili-
tate serious harassment of, or harm to, other nation-
als of Saudi Arabia living in the United States dur-
ing the time period covered by each such certifi-
cation. 
(2) FAILURE
TO
SUBMIT
CERTIFICATION.—If 
the President does not submit a certification under 
paragraph (1), the President shall— 
(A) close one or more covered facilities for 
such period of time until the President does 
submit such a certification; and 
(B) submit to the appropriate congres-
sional committee a report that contains— 
(i) a detailed explanation of why the 
President is unable to make such a certifi-
cation; 
(ii) a list and summary of engage-
ments of the United States Government 
with the Government of Saudi Arabia re-
garding the use of diplomatic credentials, 
visas, or covered facilities described in 
paragraph (1); and
(iii) a description of actions the 
United States Government has taken or in-
tends to take in response to the use of dip-
lomatic credentials, visas, or covered facili-
ties described in paragraph (1). 
(c) FORM.—The report required by subsection (a) 
and the certification and report required by subsection (b) 
shall be submitted in unclassified form but may contain 
a classified annex. 
(d) WAIVER.— 
(1) IN
GENERAL.—The President may waive 
the restrictions in this section if the President sub-
mits to the appropriate congressional committees a 
report not later than 15 days before the granting of 
such waiver that contains— 
(A) a determination of the President that 
such a waiver is in the vital national security 
interests of the United States; and 
(B) a detailed justification for the use of 
such waiver and the reasons why the restric-
tions in this section cannot be met. 
(2) FORM.—The report required by this sub-
section shall be submitted in unclassified form, but 
may contain a classified annex.
(e) SUNSET.—This section shall terminate on the 
date that is 3 years after the date of the enactment of 
this Act. 
(f) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Select Committee on Intelligence of the 
Senate. 
(2) COVERED
FACILITY.—The term ‘‘covered 
facility’’ means a diplomatic or consular facility of 
Saudi Arabia in the United States. 
(3) COVERED
PERSON.—The term ‘‘covered 
person’’ 
means 
a 
national 
of 
Saudi 
Arabia 
credentialed to a covered facility. 
SEC. 6. REPORT ON THE DUTY TO WARN OBLIGATION OF 
THE GOVERNMENT OF THE UNITED STATES. 
(a) FINDINGS.—Congress finds that Intelligence 
Community Directive 191 provides that— 
(1) when an element of the intelligence commu-
nity of the United States collects or acquires credible
and specific information indicating an impending 
threat of intentional killing, serious bodily injury, or 
kidnapping directed at a person, the agency must 
‘‘warn the intended victim or those responsible for 
protecting the intended victim, as appropriate’’ un-
less an applicable waiver of the duty is granted by 
the appropriate official within the element; and 
(2) when issues arise with respect to whether 
the threat information rises to the threshold of 
‘‘duty to warn’’, the directive calls for resolution in 
favor of warning the intended victim. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Director of National In-
telligence, in coordination with the heads of other relevant 
United States intelligence agencies, shall submit to the ap-
propriate congressional committees a report with respect 
to— 
(1) whether and how the intelligence community 
fulfilled its duty to warn Jamal Khashoggi of threats 
to his life and liberty pursuant to Intelligence Com-
munity Directive 191; and 
(2) in the case of the intelligence community 
not fulfilling its duty to warn as described in para-
graph (1), why the intelligence community did not 
fulfill this duty.
(c) FORM.—The report required by subsection (b) 
shall be submitted in unclassified form but may contain 
a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Select Committee on Intelligence of the 
Senate. 
(2) DUTY TO WARN.—The term ‘‘duty to warn’’ 
has the meaning given that term in Intelligence 
Community Directive 191, as in effect on July 21, 
2015. 
(3) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
such term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)). 
(4) RELEVANT UNITED STATES INTELLIGENCE 
AGENCY.—The term ‘‘relevant United States intel-
ligence agency’’ means any element of the intel-
ligence community that may have possessed intel-