[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 398 Reported in Senate (RS)]
<DOC>
Calendar No. 167
116th CONGRESS
1st Session
S. 398
To support the peaceful resolution of the civil war in Yemen, to
address the resulting humanitarian crisis, and to hold the perpetrators
responsible for murdering a Saudi dissident.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2019
Mr. Menendez (for himself, Mr. Young, Mr. Reed, Mr. Graham, Mrs.
Shaheen, Ms. Collins, and Mr. Murphy) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
July 30, 2019
Reported by Mr. Risch, without amendment
_______________________________________________________________________
A BILL
To support the peaceful resolution of the civil war in Yemen, to
address the resulting humanitarian crisis, and to hold the perpetrators
responsible for murdering a Saudi dissident.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Saudi Arabia
Accountability and Yemen Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PEACEFUL RESOLUTION OF THE CIVIL WAR IN YEMEN AND PROTECTION
OF CIVILIANS
Sec. 101. Statement of policy.
Sec. 102. Sense of Congress.
Sec. 103. United States strategy for ending the war in Yemen.
Sec. 104. Report on accountability for violations of international law,
including war crimes, and other harm to
civilians in Yemen.
Sec. 105. Suspension of arms transfers to Saudi Arabia.
Sec. 106. Prohibition on in-flight refueling of Saudi coalition
aircraft operating in Yemen.
Sec. 107. Imposition of sanctions with respect to persons hindering
humanitarian access and threatening the
peace or stability of Yemen.
Sec. 108. Imposition of sanctions with respect to persons supporting
the Houthis in Yemen.
Sec. 109. GAO review of United States military support to Saudi-led
coalition.
Sec. 110. Emergency protection for Yemeni cultural property.
TITLE II--SAUDI ARABIA ACCOUNTABILITY
Sec. 201. Imposition of sanctions on persons responsible for the death
of Jamal Khashoggi.
Sec. 202. Report on Saudi Arabia's human rights record.
TITLE III--GENERAL PROVISIONS
Sec. 301. Rule of construction.
Sec. 302. Sunset.
TITLE I--PEACEFUL RESOLUTION OF THE CIVIL WAR IN YEMEN AND PROTECTION
OF CIVILIANS
SEC. 101. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support United Nations-led efforts for a
comprehensive political settlement that leads to a
territorially unified, stable, and independent Yemen;
(2) to insist on the urgent need for a political solution,
consistent with United Nations Security Council Resolution 2216
(2015), or any successor United Nations Security Council
Resolution demanding an end to violence in Yemen and peaceful
resolution of the conflict in that country;
(3) to reject all statements, policies, or actions
advocating for a military solution to the civil war in Yemen;
(4) to encourage long-standing United States security
partners, including the Government of Saudi Arabia and the
Government of the United Arab Emirates, to take the lead in
confidence-building measures that open space for political
dialogue to end the war in Yemen and address the humanitarian
crisis; and
(5) to support the implementation of the agreements reached
between the parties to the conflict at Stockholm, Sweden on
December 13, 2018, consistent with United Nations Security
Council Resolution 2451 (2018).
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) continued direct negotiations between the Government of
Saudi Arabia, the internationally recognized Government of
Yemen, and representatives of the Houthi movement (also known
as ``Ansar Allah'') are required--
(A) to reach a political solution;
(B) to implement the agreements reached between the
Saudi-led coalition, the internationally recognized
Government of Yemen, local Yemeni forces, and Ansar
Allah at Stockholm, Sweden on December 13, 2018
(referred to in this title as the ``Stockholm
Agreement'');
(C) to address the suffering of the Yemeni people;
and
(D) to counter efforts by Iran, al Qaeda, and ISIS
to exploit instability for their own malign purposes;
(2) the Government of Saudi Arabia and the Government of
the United Arab Emirates bear significant responsibility for
the economic stabilization and eventual reconstruction of
Yemen; and
(3) the United States and the international community must
continue to support the work of United Nations Special Envoy
Martin Griffiths to achieve a political solution to the civil
war in Yemen, including by supporting the implementation of the
Stockholm Agreement and United Nations Security Council
Resolution 2451 (2018).
SEC. 103. UNITED STATES STRATEGY FOR ENDING THE WAR IN YEMEN.
(a) Defined Term.--In this title, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Armed Services of the House of
Representatives.
(b) Strategy.--Not later than 30 days after the date of the
enactment of this Act, and every 90 days thereafter until a complete
cessation of hostilities in the Yemen civil war, the Secretary of
State, the Administrator of the United States Agency for International
Development, the Secretary of Defense, and the Director of National
Intelligence shall provide a briefing to the appropriate congressional
committees on the progress of the United States strategy to end the war
in Yemen.
(c) Elements.--The briefing required under subsection (b) shall
include--
(1) a summary of the United States national security
interests threatened by continued civil war and instability in
Yemen;
(2) a description of the steps necessary to end the civil
war in Yemen and achieve a territorially unified, stable, and
independent Yemen;
(3) a description of efforts to implement the Stockholm
Agreement;
(4) a description of whether the Saudi-led coalition, the
internationally recognized Government of Yemen, local Yemeni
forces, and Ansar Allah are taking the necessary steps referred
to in paragraphs (2) and (3);
(5) a description of United States activities to encourage
all parties to take the necessary steps referred to in
paragraphs (2) and (3);
(6) an assessment of the threat posed by Al Qaeda and the
Islamic State in Yemen to United States national security,
including--
(A) a comprehensive list of all sources of support
received by these groups; and
(B) an assessment regarding whether the activities
of Al Qaeda in the Arabian Peninsula and the Islamic
State in Yemen have expanded or diminished since the
beginning of the war in Yemen;
(7) an explanation of how the United States has used, and
plans to use, its military and diplomatic leverage--
(A) to end the civil war in Yemen; and
(B) to move the stakeholders in the war toward a
political process to end the war;
(8) an assessment of Iran's activities in Yemen,
including--
(A) a comprehensive summary of all recipients of
illicit Iranian support in Yemen; and
(B) an assessment regarding whether the scope of
Iran's influence and activities in Yemen have increased
or decreased since the beginning of the war in Yemen;
(9) a description of Russia's activities in Yemen and an
assessment of Russia's objectives for such activities; and
(10) any other matters relevant to ending the civil war in
Yemen.
SEC. 104. REPORT ON ACCOUNTABILITY FOR VIOLATIONS OF INTERNATIONAL LAW,
INCLUDING WAR CRIMES, AND OTHER HARM TO CIVILIANS IN
YEMEN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) all stakeholders in the conflict in Yemen should end
all practices involving arbitrary arrests, enforced
disappearances, torture, and other unlawful treatment;
(2) all stakeholders in the conflict in Yemen should reveal
the fate or the location of all persons who have been subjected
to enforced disappearance by such stakeholders;
(3) all persons who remain in custody as a result of the
conflict in Yemen should be granted immediate access to their
families;
(4) the locations of all detention facilities run or
supervised by members of the Saudi-led coalition should be
revealed and brought under the supervision of the Prosecutor
General of Yemen;
(5) independent monitors should be granted access to all
places of detention in Yemen; and
(6) all stakeholders to the conflict in Yemen should fully
cooperate with the United Nations Panel of Experts on Yemen.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees that describes the causes and
consequences of civilian harm occurring in the armed conflict in Yemen,
including war crimes, and gross violations of human rights as a result
of the actions of all parties to the conflict.
(c) Elements.--The report required under subsection (b) shall
include--
(1) a description of civilian harm occurring in the context
of the armed conflict in Yemen, including--
(A) mass casualty incidents; and
(B) damage to, and destruction of, civilian
infrastructure and services, including--
(i) hospitals and other medical facilities;
(ii) electrical grids;
(iii) water systems;
(iv) ports and port infrastructure; and
(v) other critical infrastructure;
(2) violations of the law of armed conflict committed
during the war in Yemen by--
(A) all forces involved in the Saudi-led coalition
and all forces fighting on its behalf;
(B) members of the Houthi movement and all forces
fighting on its behalf;
(C) members of violent extremist organizations; and
(D) any other combatants in the conflict;
(3) as examples of violations referred to in paragraph
(2)--
(A) alleged war crimes;
(B) specific instances of failure by the parties to
the conflict to exercise distinction, proportionality,
and precaution in the use force in accordance with the
law of armed conflict;
(C) arbitrary denials of humanitarian access and
the resulting impact on the alleviation of human
suffering;
(D) detention-related abuses;
(E) the use of child soldiers, including members of
the Sudanese paramilitary Rapid Support Forces
(previously known as the ``Janjaweed militia''); and
(F) other acts that may constitute violations of
the law of armed conflict; and
(4) recommendations for establishing accountability
mechanisms for the civilian harm, war crimes, other violations
of the law of armed conflict, and gross violations of human
rights perpetrated by parties to the conflict in Yemen,
including--
(A) the potential for prosecuting individuals
perpetrating, organizing, directing, or ordering such
violations; and
(B) establishing condolence payments for the
impacted members of the civilian population.
(d) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 105. SUSPENSION OF ARMS TRANSFERS TO SAUDI ARABIA.
(a) Restriction.--Except as provided in subsection (b), during the
period beginning on the date of the enactment of this Act and ending on
September 30, 2020, the United States Government--
(1) may not sell, transfer, or authorize licenses for
export to the Government of Saudi Arabia any item designated
under Category III, IV, VII, or VIII on the United States
Munitions List pursuant to section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)); and
(2) shall suspend any licenses or other approvals that were
issued before the date of the enactment of this Act for the
export to the Government of Saudi Arabia of any item designated
under Category IV of the United States Munitions List.
(b) Exception.--The prohibition under subsection (a) shall not
apply to sales, transfers, or export licenses relating to ground-based
missile defense systems.
(c) Waiver.--The President may waive the restriction under
subsection (a) for items designated under Categories III, VII, and VIII
of the United States Munitions List not earlier than 30 days after--
(1) the Secretary of State, in coordination with the
Secretary of Defense, submits a written, unclassified
certification to the appropriate congressional committees
stating that--
(A) such waiver is in the national security
interests of the United States;
(B) the Saudi-led coalition, during the 180-day
period immediately preceding the date of such
certification, has continuously--
(i) honored a complete cessation of
hostilities in the Yemen civil war, including
ending all air strikes and all offensive ground
operations that are not associated with al
Qaeda in the Arabian Peninsula or ISIS;
(ii) fully supported, in statements and
actions, the work of United Nations Special
Envoy Martin Griffiths to find a political
solution to the conflict in Yemen; and
(iii) abstained from any actions to
restrict, delay, or interfere with the delivery
of cargo to or within Yemen unless--
(I) such action was taken
exclusively to carry out inspections
based on specific intelligence that a
cargo shipment contains weapons
prohibited under United Nations
Security Council Resolution 2216
(2015); and
(II) the Saudi-led coalition timely
submitted any reports required under
such Resolution after the conclusion of
such action; and
(C) Ansar Allah or associated forces, during the
180-day period immediately preceding the date of such
certification--
(i) launched missile or unmanned aerial
vehicle strikes into Saudi Arabia or the United
Arab Emirates;
(ii) conducted ground incursions into the
territory of Saudi Arabia or the United Arab
Emirates;
(iii) accepted weapons, weapons components,
funding, or military training from the Islamic
Republic of Iran;
(iv) attacked vessels in the Red Sea; or
(v) prohibited or otherwise restricted,
directly or indirectly, the transport or
delivery of humanitarian or commercial
shipments to and within Yemen; and
(2) the Comptroller General of the United States, not later
than 45 days after the submission of the certification under
paragraph (1), submits a written, unclassified report to the
appropriate congressional committees assessing the
responsiveness, completeness, and accuracy of such
certification.
(d) Classified Briefing.--If the Secretary of State and the
Secretary of Defense determine that Ansar Allah has engaged in any of
the actions described in subsection (c)(1)(C), the Secretary of State
and the Secretary of Defense shall provide a classified briefing to the
appropriate congressional committees not later than 10 days after
submitting the certification under subsection (c)(1) to provide details
to support such determination.
SEC. 106. PROHIBITION ON IN-FLIGHT REFUELING OF SAUDI COALITION
AIRCRAFT OPERATING IN YEMEN.
(a) In General.--No Federal funds may be obligated or expended
under section 2342 of title 10, United States Code, or under any other
applicable statutory authority, to provide in-flight refueling of Saudi
or Saudi-led coalition non-United States aircraft conducting missions
as part of the ongoing civil war in Yemen.
(b) Report Required.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the Secretary of
Defense shall submit a report to the appropriate congressional
committees detailing--
(1) the expenses incurred by the United States in providing
in-flight refueling services for Saudi or Saudi-led coalition
non-United States aircraft conducting missions as part of the
civil war in Yemen between March 2015 and November 11, 2018;
and
(2) the extent to which the expenses referred to in
paragraph (1) have been reimbursed by members of the Saudi-led
coalition.
(c) Elements.--The report required under subsection (b) shall
include--
(1) the total expenses incurred by the United States in
providing in-flight refueling services, including fuel, flight
hours, and other applicable expenses, to Saudi or Saudi-led
coalition, non-United States aircraft conducting missions as
part of the civil war in Yemen;
(2) the amount of the expenses described in paragraph (1)
that have been reimbursed by each member of the Saudi-led
coalition; and
(3) actions taken by the United States to recoup the
unreimbursed expenses described in paragraph (1), including any
commitments by members of the Saudi-led coalition to reimburse
the United States for such expenses.
(d) Sunset.--The reporting requirement under subsection (b) shall
cease to be effective on the date on which the Secretary of Defense
submits written certification to the appropriate congressional
committees that all of the expenses incurred by the United State in
providing in-flight refueling services for Saudi or Saudi-led coalition
non-United States aircraft conducting missions as part of the civil war
in Yemen have been reimbursed.
SEC. 107. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS HINDERING
HUMANITARIAN ACCESS AND THREATENING THE PEACE OR
STABILITY OF YEMEN.
(a) Sense of Congress.--It is the sense of Congress that the
President should continue to implement Executive Order 13611 (77 Fed.
Reg. 29533), relating to blocking property of persons threatening the
peace, security, or stability of Yemen.
(b) Sanctions Authorized.--Not later than 60 days after the date of
the enactment of this Act, the President shall impose the sanctions
described in subsection (c) with respect to each person that the
President determines--
(1)(A) is knowingly blocking access to Yemeni ports, ports
of entry, or other facilities used by the United Nations, its
specialized agencies and implementing partners, national and
international nongovernmental organizations, or any other
actors engaged in humanitarian relief activities in Yemen; or
(B) is otherwise hindering the efforts of such
organizations to deliver humanitarian relief, including through
diversion of goods and materials intended to provide relief to
civilians in Yemen;
(2)(A) is knowingly threatening the humanitarian actors
referred to in paragraph (1)(A); or
(B) is engaging in acts of violence against such actors in
Yemen or across conflict lines and borders;
(3) is responsible for actions or policies that are
intended to undermine--
(A) the United Nations-led political process to end
the conflict in Yemen; or
(B) efforts to promote stabilization and
reconstruction in Yemen;
(4) is a successor entity to a person referred to in
paragraphs (1) through (3);
(5) owns or controls, or is owned or controlled by, a
person referred to in paragraphs (1) through (3);
(6) is acting for or, on behalf of, a person referred to in
paragraphs (1) through (3); or
(7) has knowingly provided, or attempted to provide,
financial, material, technological, or other support for, or
goods or services in support of, a person referred to in
paragraphs (1) through (3).
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--In accordance with the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), the President shall block all
transactions in all property and interests in property
of a person subject to subsection (a) if such property
and interests in property--
(i) are in the United States;
(ii) are transported into the United
States; or
(iii) are in, or come into, the possession
or control of a United States person.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Exclusion from the united states.--The
Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall
exclude from the United States, any alien
subject to subsection (b).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security (or a designee of any such
officer or Secretary) shall revoke any
visa or other entry documentation
issued to an alien subject to
subsection (b), regardless of when such
visa was issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall
take effect immediately and shall
automatically cancel any other valid
visa or entry documentation that is in
the alien's possession.
(2) Inapplicability of national emergency requirement.--The
requirements under section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of the imposition of sanctions under this section.
(3) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation described
in subsection (b), or any regulation, license, or order issued
to carry out such paragraph, shall be subject to the penalties
set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of such section.
SEC. 108. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS SUPPORTING
THE HOUTHIS IN YEMEN.
(a) Determination.--Not later than 30 days after the date of the
enactment of this Act, the President shall determine if the Houthi
movement (also known as ``Ansar Allah'') has engaged meaningfully in
United Nations-led efforts for a comprehensive political settlement
that leads to a territorially unified, stable, and independent Yemen.
(b) Sanctions.--If the President is unable to make the
determination described in subsection (a), the President shall impose
the sanctions described in subsection (c) on any person that the
President determines--
(1) has knowingly assisted, sponsored, provided, or
attempted to provide significant financial, material, or
technological support for, or goods or services in support of,
the Houthis movement in Yemen, its successor entities, entities
that own or control, or are owned or controlled by, the Houthi
movement, or entities acting for, or on behalf of, the Houthi
movement;
(2) has knowingly engaged in any activity that materially
contributes to the supply, sale, or direct or indirect transfer
to or from the Houthi movement in Yemen, its successor
entities, entities that own or control, or are owned or
controlled by, the Houthi movement, or entities acting for or
on behalf of the Houthi movement, of any firearms or
ammunition, battle tanks, armored vehicles, artillery or mortar
systems, aircraft, attack helicopters, warships, missiles or
missile systems, or explosive mines of any type (as such terms
are defined for the purpose of the United Nations Register of
Conventional Arms), ground-to-air missiles, unmanned aerial
vehicles, or related materiel, including spare parts;
(3) has knowingly provided any technical training,
financial resources or services, advice, other services or
assistance related to the supply, sale, transfer, manufacture,
maintenance, or use of arms and related materiel described in
paragraph (2) to the Houthi movement in Yemen, its successor
entities, entities that own or control, or are owned or
controlled by, the Houthi movement, or entities acting for or
on behalf of the Houthi movement;
(4) is a successor entity to a person described in
paragraph (1), (2), or (3);
(5) is an entity that owns or controls, or is owned or
controlled by, a person described in paragraph (1), (2), or
(3); or
(6) is an entity that is acting for, or on behalf of, a
person referred to in paragraph (1), (2), or (3).
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--In accordance with the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), the President shall block all
transactions in property, or interests in property, of
a person subject to subsection (b) if such property or
interests in property--
(i) are in the United States;
(ii) are transported into the United
States; or
(iii) are in, or come into, the possession
or control of a United States person.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Exclusion from the united states.--The
Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall
exclude from the United States, any alien
subject to subsection (b).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security (or a designee of any such
officer or Secretary) shall revoke any
visa or other entry documentation
issued to an alien subject to
subsection (b), regardless of when such
visa was issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall
take effect immediately and shall
automatically cancel any other valid
visa or entry documentation that is in
the alien's possession.
(C) Denial of certain transactions.--Any letter of
offer and acceptance, or license to export, any defense
article or defense service controlled for export under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) or
the Export Administration Act of 1979 (50 U.S.C. 4601
et seq.), as continued in force by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
requested by a person described in subsection (b) shall
be denied until the date that is 180 days after the
date on which the Secretary of State certifies to
Congress that any action by such person described in
subsection (b) has ceased.
(2) Inapplicability of national emergency requirement.--The
requirements under section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of the imposition of sanctions under this section.
(3) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1), (2), or (3) of subsection (b), or any
regulation, license, or order issued to carry out such
paragraph, shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of such section.
(d) Exception.--The sanctions described in subsection (c)(1) shall
not apply to any act incidental or necessary to the provision of
urgently needed humanitarian assistance.
SEC. 109. GAO REVIEW OF UNITED STATES MILITARY SUPPORT TO SAUDI-LED
COALITION.
(a) Review.--The Comptroller General of the United States shall
conduct a review of the United States military support to the Saudi-led
coalition that evaluates--
(1) the manner and extent to which the United States
military provides support to the Saudi-led coalition;
(2) how the Department of Defense prioritizes aerial
refueling capabilities in support of the Saudi-led coalition;
(3) the manner and extent to which the United States has
been reimbursed for aerial refueling support of Saudi-led
coalition aircraft;
(4) whether and how the Department of Defense determines
the extent to which its advice and assistance has reduced
civilian casualties and damage to civilian infrastructure,
including evaluating a differentiation between dynamic and
deliberate targeting by the Saudi-led coalition;
(5) whether and how the Department of Defense determines
the efficacy of defensive advice and assistance to the Saudi-
led coalition, including with respect to ballistic missiles and
other threats to the sovereignty of regional partners; and
(6) the responsiveness, completeness, and accuracy of any
certifications submitted pursuant to section 1290 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232).
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall provide the preliminary results of the review conducted under
subsection (a) to the appropriate congressional committees.
(c) Final Report.--During the briefing required under subsection
(b), the Comptroller General shall notify the appropriate congressional
committees when a final report summarizing the results of the review
conducted under subsection (a) will be submitted to such committees.
SEC. 110. EMERGENCY PROTECTION FOR YEMENI CULTURAL PROPERTY.
Section 3 of the Protect and Preserve International Cultural
Property Act (Public Law 114-151; 130 Stat. 369) is amended--
(1) in the section heading, by inserting ``and yemeni''
after ``syrian'';
(2) in subsection (a), by inserting ``or Yemen'' after
``Syria'' each place such term appears;
(3) in subsection (b)--
(A) in paragraph (1)(B)(i), by inserting ``or the
Government of Yemen'' after ``Government of Syria'';
and
(B) in paragraph (2)(B)--
(i) by inserting ``or Yemen'' after
``Syria'' each of the first 2 places such term
appears; and
(ii) in clause (ii), by inserting ``or the
United States and Yemen, as applicable,'' after
``United States and Syria'';
(4) in subsection (c), by inserting ``or Yemen'' after
``Syria'' each place such term appears; and
(5) in subsection (d), by amending paragraph (2) to read as
follows:
``(2) Archaeological or ethnological material of syria or
yemen.--The term `archaeological or ethnological material of
Syria or Yemen' means cultural property (as defined in section
302 of the Convention on Cultural Property Implementation Act
(19 U.S.C. 2601)) that--
``(A) is unlawfully removed from Syria on or after
March 15, 2011; or
``(B) is unlawfully removed from Yemen on or after
March 15, 2015.''.
TITLE II--SAUDI ARABIA ACCOUNTABILITY
SEC. 201. IMPOSITION OF SANCTIONS ON PERSONS RESPONSIBLE FOR THE DEATH
OF JAMAL KHASHOGGI.
(a) In General.--Section 1263 of the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``(b)'' and inserting ``(c)'';
(2) by redesignating subsections (b) through (j) as
subsections (c) through (k), respectively;
(3) by inserting after subsection (a) the following:
``(b) Jamal Khashoggi.--Not later than 30 days after the date of
the enactment of the Saudi Arabia Accountability and Yemen Act of 2019,
the President shall impose the sanctions described in subsection (c)
with respect to any foreign person, including any official of the
government of Saudi Arabia or member of the royal family of Saudi
Arabia that the President determines, based on credible evidence--
``(1) was responsible for, or complicit in, ordering,
controlling, or otherwise directing an act or acts contributing
to or causing the death of Jamal Khashoggi; or
``(2) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of an activity described in paragraph
(1).'';
(4) in subsection (d), as redesignated, in the matter
preceding paragraph (1), by inserting ``or (b)'' after
``subsection (a)'';
(5) in subsection (f), as redesignated, by striking
``subsection (b)(1)'' and inserting ``subsection (c)(1)'';
(6) in subsection (j), as redesignated, by inserting ``or
(b)'' after ``subsection (a)''; and
(7) in subsection (k), as redesignated, by striking
paragraphs (1) and (2) and inserting the following:
``(1) the Committee on Foreign Relations of the Senate;
``(2) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
``(3) the Committee on Foreign Affairs of the House of
Representatives;
``(4) the Committee on Financial Services of the House of
Representatives; and
``(5) the Committee on Ways and Means of the House of
Representatives.''.
(b) Briefings.--Not later than 15 days after the date of the
enactment of this Act, and every 45 days thereafter, the Secretary of
State, in conjunction with the Secretary of the Treasury and the
Director of National Intelligence, shall provide a briefing to the
appropriate congressional committees (as defined in section 1263(k) of
the Global Magnitsky Human Rights Accountability Act, as amended by
subsection (a)(7)) regarding the implementation of the amendment made
by subsection (a)(3).
SEC. 202. REPORT ON SAUDI ARABIA'S HUMAN RIGHTS RECORD.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of State, in accordance with section 502B(c) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(c)), shall submit an
unclassified, written report to Congress that--
(1) includes the information required under such section
502B(c);
(2) describes the extent to which officials of the
Government of Saudi Arabia, including members of the military
or security services, are responsible for or complicit in gross
violations of internationally recognized human rights,
including violations of the human rights of journalists,
bloggers, and those who support women's rights or religious
freedom;
(3) describes the extent to which the Government of Saudi
Arabia--
(A) has knowingly blocked access to Yemeni ports,
ports of entry, or other facilities used by the United
Nations, its specialized agencies and implementing
partners, national and international nongovernmental
organizations, or any other actors engaged in
humanitarian relief activities in Yemen;
(B) has hindered the efforts of the organizations
referred to in subparagraph (A) to deliver humanitarian
relief, including through diversion of goods and
materials intended to provide relief to civilians in
Yemen;
(C) has prohibited or directly or indirectly
restricted the transport or delivery of United States
humanitarian assistance to Yemen; and
(D) complied with the Secretary of State's
statement on October 30, 2018, related to ``ending the
conflict in Yemen''; and
(4) identifies the percentage by which civilian casualties
and deaths, respectively, increased as a result of Saudi
coalition air strikes in Yemen between November 2017 and August
2018.
TITLE III--GENERAL PROVISIONS
SEC. 301. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to limit the authority of the
President pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
SEC. 302. SUNSET.
This Act shall cease to be effective on the date that is 5 years
after the date of the enactment of this Act.
Calendar No. 167
116th CONGRESS
1st Session
S. 398
_______________________________________________________________________
A BILL
To support the peaceful resolution of the civil war in Yemen, to
address the resulting humanitarian crisis, and to hold the perpetrators
responsible for murdering a Saudi dissident.
_______________________________________________________________________
July 30, 2019
Reported without amendment