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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9064 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9064
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.
_______________________________________________________________________
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>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR E1010)
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Referred to the Subcommittee on Immigration and Citizenship.
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