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HR 9064
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Jamal Khashoggi Protection for Dissidents and Journalists Act of 2022

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.

Introduced Sep 29, 2022

Latest action (Nov 1, 2022) Referred to the Subcommittee on Immigration and Citizenship.

Summary

This bill establishes legal protections for journalists, activists, and other dissidents by creating a new exception to foreign sovereign immunity, allowing U.S. citizens or residents to sue foreign governments in U.S. courts for injuries or deaths resulting from extraterritorial counter-dissident activities. The bill also creates the "Khashoggi Ban," which makes inadmissible to the United States any alien acting on behalf of a foreign government who is engaged in serious counter-dissident activities targeting journalists, activists, or perceived dissidents. The bill authorizes $1,000,000 annually to implement these provisions and allows the Secretary of State or Homeland Security to grant waivers on national security grounds.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)

Actions (5)

  1. Nov 1, 2022 Referred to the Subcommittee on Immigration and Citizenship. · house
  2. Nov 1, 2022 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. · house
  3. Sep 30, 2022 Sponsor introductory remarks on measure. (CR E1010)
  4. Sep 29, 2022 Referred to the House Committee on the Judiciary. · house
  5. Sep 29, 2022 Introduced in House

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

Full text

IN THE HOUSE OF REPRESENTATIVES

September 29, 2022

Ms. McCollum (for herself, Mr. Schiff, and Mr. Connolly) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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.”. <all>

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