Jamal Khashoggi Protection for Dissidents and Journalists Act of 2022
Bill: H.R.9064 | Sponsor: Rep. McCollum, Betty (D-MN)
Policy area: Immigration

Summary:
Jamal Khashoggi Protection for Dissidents and Journalists Act of 2022
This bill strips away sovereign immunity from a foreign state in certain legal proceedings where the plaintiff is seeking money damages for injuries or death caused by that foreign state's counter-dissident activities. (Generally, foreign states are immune from the jurisdiction of U.S. courts, including state courts, except in certain situations, such as when the foreign state has waived immunity.)
The bill also makes inadmissible into the United States a non-U.S. national (alien under federal law) who has engaged in certain serious and extraterritorial counter-dissident activities on behalf of a foreign government, including actions to harass or harm journalists or activists.

To enshrine the legacy of Jamal Khashoggi by protecting dissidents and 
journalists, codifying the Khashoggi Ban, and introducing the Khashoggi 
   Amendment to the Foreign Sovereign Immunities Act, 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 Protection for 
Dissidents and Journalists Act of 2022''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Jamal Khashoggi was a resident of the United States 
        living in the Commonwealth of Virginia, a Saudi journalist, a 
        Washington Post columnist, and critical of the Saudi regime.
            (2) On October 2, 2018, Khashoggi was lured to the 
        Consulate of the Kingdom of Saudi Arabia in Istanbul, Turkey 
        under the false cover of needing to address a consular matter.
            (3) While inside the Saudi consulate, Khashoggi was 
        murdered, and his body was dismembered by intelligence officers 
        of the Kingdom of Saudi Arabia.
            (4) The Office of the Director of National Intelligence 
        determined in 2018 that Saudi Crown Prince Mohammed Bin Salman 
        approved the capture or killing of Khashoggi in Istanbul.
            (5) A highly credible inquiry by the United Nations 
        concluded that Khashoggi's killing was premeditated and that 
        the mission was endorsed, planned, and overseen by senior Saudi 
        officials.

SEC. 3. KHASHOGGI AMENDMENT TO THE FOREIGN SOVEREIGN IMMUNITIES ACT.

    (a) General Exceptions to the Jurisdictional Immunity of a Foreign 
State.--Section 1605(a) of title 28, United States Code, is amended--
            (1) in paragraph (5)(B), by striking ``or'' at the end;
            (2) in paragraph (6), by striking the period and insertin 
        ``; or''; and
            (3) by adding at the end the following:
            ``(7) in which money damages are sought against a foreign 
        state for the personal injury or death of a United States 
        person or resident taking place on or after October 2, 2017, 
        anywhere other than on the territory of that foreign state, 
        where the injury or death is a direct result of 
        extraterritorial counter-dissident activities conducted by the 
        defendant foreign state or its agents.
For purposes of this subsection, `counter-dissident activities' 
includes activities that suppress, harass, surveil, threaten, or harm 
journalists, activists, or other persons perceived to be dissidents.''.
    (b) Exceptions to the Immunity From Attachment or Execution.--
Section 1610 of title 28, United States Code, is amended by striking 
``section 1605(a)(2), (3), or (5)'' and inserting ``paragraph (2), (3), 
(5), or (7) of section 1605(a)''.

SEC. 4. KHASHOGGI BAN GROUND OF INADMISSIBILITY.

    Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)) is amended by adding at the end the following:
                    ``(H) Khashoggi ban.--
                            ``(i) In general.--An alien who is 
                        determined by the Secretary of State or the 
                        Secretary of Homeland Security to be acting on 
                        behalf of a foreign government and is believed 
                        to be directly engaged in serious, 
                        extraterritorial counter-dissident activities, 
                        including those that suppress, harass, surveil, 
                        threaten, or harm--
                                    ``(I) journalists;
                                    ``(II) activists;
                                    ``(III) other persons perceived to 
                                be dissidents for their work; or
                                    ``(IV) families or other close 
                                associates of the persons described in 
                                clauses (i) through (iii),
                        is inadmissible.
                            ``(ii) Discretionary ban.--Any alien who is 
                        a family member of an alien who is inadmissible 
                        under clause (i) may be inadmissible, as 
                        determined by the Secretary of State or the 
                        Secretary of Homeland Security.
                            ``(iii) Notification of determinations.--If 
                        an alien is determined to be inadmissible under 
                        clause (i) or (ii), the Secretary of State or 
                        the Secretary of Homeland Security shall make a 
                        public statement identifying the alien and the 
                        reasons for the determination.
                            ``(iv) National security waiver.--The 
                        Secretary of State or the Secretary of Homeland 
                        Security may waive the requirements of this 
                        subparagraph, or any part thereof, if such 
                        Secretary determines that such requirements do 
                        not serve the national security interest of the 
                        United States. Such waiver shall be made in 
                        writing to Congress and shall include a brief 
                        description of the national security reason for 
                        such waiver.
                            ``(v) Authorization of appropriations.--
                        There is authorized to be appropriated 
                        $1,000,000 for fiscal year 2023 and each fiscal 
                        year thereafter to carry out this section.''.
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