,,ii #aagth ,,congress #ast ,session ,s4 #caee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #c1 #bjba,mr4 ,menendez 7for himself1 ,mr4 ,leahy1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose sanctions with respect to individuals responsible for the death of ,jamal ,khashoggi1 to protect human rights in the sale1 export1 and transfer of defense articles and defense services to ,saudi ,arabia1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,jamal ,khashoggi ,human ,rights ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,on ,october #b1 #bjah1 ,washington ,post journalist ,jamal ,khashoggi was murdered by agents of the ,government of ,saudi ,arabia in the consulate of ,saudi ,arabia in ,istanbul1 ,turkey1 after having been monitored through commercial surveillance software4 7#b7 ,in #bjai1 the ,department of ,justice charged #b ,saudi ,arabian former employees of ,twitter with acting as illegal agents of the ,government of ,saudi ,arabia1 using their employee access to obtain private information on dissidents and critics of ,saudi ,arabia at the behest of that ,government1 and1 according to public reporting and human rights groups1 the ,government of ,saudi ,arabia has also used commercial spyware to monitor the movements and communications of dozens of activists and journalists around the world and in the ,united ,states4 7#c7 ,on ,july #cj1 #bjai1 the ,committee on ,foreign ,relations of the ,senate approved1 in a bipartisan vote1 ,s4 #cih1 #aafth ,congress1 known as the ,saudi ,arabia ,accountability and ,yemen ,act of #bjai1 which required1 among other things1 the imposition of sanctions on any person involved in the death of ,jamal ,khashoggi4 7#d7 ,the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib2 #acc ,stat4 #aaih71 enacted on ,december #bj1 #bjai1 required the ,director of ,national ,intelligence to submit to ,congress a report including the identification of those who carried out1 participated in1 ordered1 or were otherwise complicit in or responsible for the death of ,jamal ,khashoggi4 7#e7 ,on ,february #bf1 #bjba1 consistent with the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj1 the ,director of ,national ,intelligence released a report entitled ,assessing the ,saudi ,government's ,role in the ,killing of ,jamal ,khashoggi1 concluding that ,saudi ,crown ,prince ,mohammed bin ,salman approved the operation that killed ,khashoggi4 ,the ,director's report also identified other senior officials of the ,government of ,saudi ,arabia who participated in1 ordered1 or were otherwise complicit in or responsible for the death of ,jamal ,khashoggi on behalf of ,muhammad bin ,salman4 7#f7 ,section #gjca7;c7 of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 requires the ,secretary of ,state to deny entry into the ,united ,states of officials of foreign governments and their immediate family members about whom the ,secretary of ,state has credible information have been involved1 directly or indirectly1 in ''' a gross violation of human rights4 7#g7 ,section #f of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgef7 prohibits weapons transfers to foreign countries determined by the ,president to be engaged in a pattern of acts of intimidation or harassment directed against individuals in the ,united ,states4 7#h7 ,in ,february #bjbj1 the ,federal ,bureau of ,investigation declassified its assessment that officials of the ,government of ,saudi ,arabia almost certainly assist ,united ,states-based citizens of ,saudi ,arabia in fleeing the ,united ,states because of legal issues1 undermining the ,united ,states judicial process4 7#i7 ,section #ejb;,b7a77#c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;a77#c77 directs the ,president to formulate and conduct international security assistance programs of the ,united ,states in a manner which will avoid identification of the ,united ,states1 through such programs1 with governments which deny to their people internationally recognized human rights and fundamental freedoms4 7#aj7 ,secretary of ,state ,antony ,blinken has affirmed the ,united ,states national interest in preventing authoritarian foreign governments from reaching beyond their borders to intimidate or harm persons within the ,united ,states1 stating1 ,as a matter of safety for all within our borders1 perpetrators targeting perceived dissidents on behalf of any foreign government should not be permitted to reach ,american soil ''' ,we have made absolutely clear that extraterritorial threats and assaults by ,saudi ,arabia against activists1 dissidents1 and journalists must end44 #c4 ,imposition of sanctions with respect to persons responsible for the death of ,jamal ,khashoggi 7a7 ,in general ,on and after the date that is #ij days after the date of the enactment of this ,act1 all persons named in the qualifying report shall be subject to the same sanctions as a person included on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury4 7b7 ,national security waiver 7#a7 ,in general ,the ,president may1 on a case-by-case basis1 waive for a period of not more than #ij days the imposition of sanctions under subsection 7a7 with respect to a person if the ,president submits to the appropriate congressional committees-- 7,a7 a written determination that the waiver is vital to the national security interests of the ,united ,states2 7,b7 a detailed explanation of how the waiver is vital to those interests2 and 7,c7 a certification that the ,government of ,saudi ,arabia is making significant progress toward meeting the following criteria3 7i7 ,the ,government of ,saudi ,arabia has brought to justice officials of the ,government of ,saudi ,arabia and members of the royal family of ,saudi ,arabia named in the qualifying report4 7ii7 ,the ,government of ,saudi ,arabia is not detaining1 charging1 or imposing travel bans on citizens or legal residents of the ,united ,states or any other third country for political reasons1 including criticism of policies of that ,government1 peaceful advocacy of political beliefs1 or the pursuit of ,united ,states citizenship4 7iii7 ,the ,government of ,saudi ,arabia is cooperating in outstanding criminal proceedings in the ,united ,states in which a citizen or national of ,saudi ,arabia departed from the ,united ,states while the citizen or national was awaiting trial or sentencing for a criminal offense committed in the ,united ,states4 7iv7 ,the ,government of ,saudi ,arabia is not detaining1 charging1 or imposing travel bans on citizens of ,saudi ,arabia1 including civil society activists1 journalists1 bloggers1 lawyers1 or religious figures1 for political reasons1 including criticism of policies of that ,government or peaceful advocacy of political beliefs4 7v7 ,the ,government of ,saudi ,arabia has disbanded any units of its intelligence or security apparatus dedicated to the forced repatriation of dissidents or critical voices in other countries4 7vi7 ,the ,government of ,saudi ,arabia has made meaningful commitments to a multilateral framework on the lawful use1 sale1 and transfer of digital surveillance items and services that can be used to abuse human rights4 7vii7 ,the ,government of ,saudi ,arabia has instituted meaningful legal reforms to protect the rights of freedom of expression1 religion1 and due process1 and women's rights1 in its judicial system4 7#b7 ,renewal ,a waiver issued under paragraph 7#a7 with respect to an individual may be renewed1 on a case-by-case basis1 if the ,president submits to the appropriate congressional committees1 with respect to each such waiver1 the determination1 explanation1 and certification required under paragraph 7#a74 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,appropriations1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,appropriations1 and the ,committee on ,financial ,services of the ,house of ,representatives4 7#b7 ,qualifying report ,the term qualifying report means the report issued by the ,office of the ,director of ,national ,intelligence entitled ,assessing the ,saudi ,government's ,role in the ,killing of ,jamal ,khashoggi1 dated ,february #aa1 #bjba1 and declassified by ,director of ,national ,intelligence ,avril ,d4 ,haines on ,february #be1 #bjba4 #d4 ,report on and suspension of assistance for incidents of arbitrary detention1 violence1 and state-sanctioned harassment by the ,government of ,saudi ,arabia against ,united ,states persons and family members 7a7 ,report required 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter1 the ,secretary of ,state1 in consultation with the ,director of ,national ,intelligence and the ,director of the ,federal ,bureau of ,investigation1 shall submit to the appropriate congressional committees a report on incidents of arbitrary detention1 violence1 and state-sanctioned harassment committed by the ,government of ,saudi ,arabia against ,united ,states persons1 or their family members who are not ,united ,states persons1 in the ,united ,states or foreign countries4 7#b7 ,matters to be included ,each report required by paragraph 7#a7 shall include the following3 7,a7 ,a detailed description of the incidents described in paragraph 7#a7 that took place during the #a-year period preceding the date on which the report is submitted4 7,b7 ,a certification of whether ,saudi ,arabia is engaging in a consistent pattern of acts of intimidation or harassment directed against individuals in the ,united ,states for purposes of section #f of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgef74 7,c7 ,a description of any actions taken to deter incidents of intimidation or harassment committed by the security agencies of such ,government against ,united ,states persons and their family members who are not ,united ,states persons4 7#c7 ,form ,each report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex if necessary4 7b7 ,suspension of assistance ,if the ,president determines in any report submitted under subsection 7a7 that the ,government of ,saudi ,arabia has engaged in a pattern of acts of intimidation or harassment directed against ,united ,states persons or their family members who are not ,united ,states persons1 the ,president shall cancel or suspend any letter of offer1 credit1 guarantee1 or export license with the ,government1 in compliance with section #f of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgef71 until such time as the ,president determines that the pattern of acts of intimidation or harassment has ceased4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 the ,committee on ,finance1 and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 the ,committee on ,ways and ,means1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,united states person ,the term ,united ,states person means-- 7,a7 a citizen of the ,united ,states or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such entity4 #e4 ,protection of human rights in the sale1 export1 and transfer of defense articles and defense services to ,saudi ,arabia 7a7 ,assessment and certifications required 7#a7 ,in general ,not later than #cj days before any letter of offer to sell a defense article or defense service controlled for export to ,saudi ,arabia is concluded1 or any license to export or transfer such an article or service to ,saudi ,arabia is authorized1 the ,secretary of ,state shall transmit to the appropriate congressional committees the following3 7,a7 ,an assessment by the ,secretary of the risk that the article or service will be used in the commission of violations of international humanitarian law or internationally recognized human rights4 7,b7 ,a certification that the ,government of ,saudi ,arabia has provided a written commitment not to use such article or service in the commission1 or to enable the commission1 of a violation of international humanitarian law or internationally recognized human rights4 7,c7 ,a certification that an effective end-use monitoring program will be instituted to ensure that such article or service is not used to violate international humanitarian law or internationally recognized human rights4 7,d7 ,a certification that the ,united ,states ,government has secured the legal right to require the return of any ,united ,states-origin defense article sold1 exported1 or transferred to ,saudi ,arabia if the article has been used in the commission1 or has enabled the commission1 of a violation of international humanitarian law or internationally recognized human rights4 7#b7 ,biannual report on end-use monitoring ,on a biannual basis1 the ,secretary shall submit to the appropriate congressional committees a report on the results of the end-use monitoring program described in paragraph 7#a77;,c74 7b7 ,restriction on services 7#a7 ,in general ,no export license may be issued and no letter of offer may be concluded by the ,united ,states ,government for the provision of services for military1 paramilitary1 security1 or intelligence-gathering activities to ,saudi ,arabia4 7#b7 ,exceptions ,the restriction under paragraph 7#a7 shall not apply to the provision1 under the supervision and monitoring of ,united ,states ,government personnel1 of logistics1 supply1 repair1 support1 or training services associated with the lawful export of defense articles1 or training in support of those services1 upon certification by the ,secretary of ,state to the appropriate committees of ,congress that such services will not be used in the surveillance or harassment of activists1 critics of the ,government of ,saudi ,arabia1 journalists1 bloggers1 lawyers1 and religious figures in ,saudi ,arabia4 7#c7 ,end-use monitoring ,beginning not later than #de days after the date of the enactment of this ,act1 and thereafter on a quarterly basis1 the ,secretary shall-- 7,a7 verify whether any defense services provided pursuant to export licenses or other authorizations are enabling the provision of services described in paragraph 7#a72 and 7,b7 submit to the appropriate congressional committees a report on the results of such verification4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,finance of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,ways and ,means of the ,house of ,representatives4 7#b7 ,defense article2 defense service ,the terms defense article and defense service have the meanings given those terms in section #dg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgid74 #f4 ,briefings and report on use of commercial surveillance technology against journalists 7a7 ,briefings ,not later than #fj days after the date of the enactment of this ,act and periodically thereafter upon request1 the ,secretary of ,state1 the ,chief ,executive ,officer of the ,united ,states ,agency for ,global ,media1 and the heads of other relevant agencies shall provide briefings to the appropriate congressional committees on-- 7#a7 the utilization by foreign governments1 including the ,government of ,saudi ,arabia1 of commercially available cyberintrusion and other surveillance technology to target journalists1 media companies1 dissidents and activists1 and ,united ,states persons and interests2 and 7#b7 the efforts the executive branch is taking to combat such utilization4 7b7 ,report required 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,director of ,national ,intelligence1 shall submit to the appropriate congressional committees a report on-- 7,a7 the utilization by foreign governments1 including the ,government of ,saudi ,arabia1 of commercially available cyberintrusion and other surveillance technology to target journalists1 media companies1 dissidents and activists1 and ,united ,states persons and interests2 and 7,b7 the efforts the executive branch is taking to combat such utilization4 7#b7 ,form ,thereport required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex if necessary4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 the ,committee on ,finance1 and the ,select ,committee on ,intelligence of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 the ,committee on ,ways and ,means1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 #g4 ,jamal ,khashoggi ,press ,freedom ,award 7a7 ,establishment of award ,the ,secretary of ,state may annually present the ,jamal ,khashoggi ,press ,freedom ,award 7referred to in this section as the ,award7 to not more than #e individuals or organizations who have demonstrated extraordinary efforts in journalism in the face of harassment1 detention1 prosecution1 or obstruction by foreign governments or non-state actors4 7b7 ,eligible recipients ,to the maximum extent practicable1 the ,secretary of ,state shall present the ,award to-- 7#a7 individuals who are ,united ,states citizens or foreign nationals2 and 7#b7 domestic or foreign private1 nongovernmental organizations4 7c7 ,selection procedure ,the ,secretary of ,state shall establish procedures for selecting recipients of the ,award4 7d7 ,report ,the ,secretary of ,state shall submit an annual report to the appropriate congressional committees that-- 7#a7 lists the recipients of the ,award for that year2 and 7#b7 explains the procedures for selecting such recipients4 7e7 ,award ceremony 7#a7 ,in general ,the ,secretary of ,state shall host an annual ceremony for recipients of the ,award as soon as practicable after the date on which the ,secretary submits the report required under subsection 7d74 7#b7 ,travel expenses ,the ,secretary of ,state may pay the reasonable travel costs incurred by each ,award recipient and his or her guest to attend the ceremony4 7f7 ,authorization of appropriations ,there are authorized to be appropriated1 for each of the fiscal years #bjbb through #bjbg1 such sums as may be necessary to carry out this section4 7g7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4