II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Saudi Arabia Accountability and Yemen Act of 2019’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 TITLE I—PEACEFUL RESOLU4 TION OF THE CIVIL WAR IN 

5 YEMEN AND PROTECTION OF 

6 CIVILIANS 

7 SEC. 101. STATEMENT OF POLICY. 

8 It is the policy of the United States— 

9 (1) to support United Nations-led efforts for a 

10 comprehensive political settlement that leads to a 

11 territorially unified, stable, and independent Yemen; 


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1 (2) to insist on the urgent need for a political 

2 solution, consistent with United Nations Security 

3 Council Resolution 2216 (2015), or any successor 

4 United Nations Security Council Resolution demand5 ing an end to violence in Yemen and peaceful resolu6 tion of the conflict in that country; 

7 (3) to reject all statements, policies, or actions 

8 advocating for a military solution to the civil war in 

9 Yemen; 

10 (4) to encourage long-standing United States 

11 security partners, including the Government of 

12 Saudi Arabia and the Government of the United 

13 Arab Emirates, to take the lead in confidence-build14 ing measures that open space for political dialogue 

15 to end the war in Yemen and address the humani16 tarian crisis; and 

17 (5) to support the implementation of the agree18 ments reached between the parties to the conflict at 

19 Stockholm, Sweden on December 13, 2018, con20 sistent with United Nations Security Council Resolu21 tion 2451 (2018). 

22 SEC. 102. SENSE OF CONGRESS. 

23 It is the sense of Congress that— 

24 (1) continued direct negotiations between the 

25 Government of Saudi Arabia, the internationally recVerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398

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1 ognized Government of Yemen, and representatives 

2 of the Houthi movement (also known as ‘‘Ansar 

3 Allah’’) are required— 

4 (A) to reach a political solution; 

5 (B) to implement the agreements reached 

6 between the Saudi-led coalition, the internation7 ally recognized Government of Yemen, local 

8 Yemeni forces, and Ansar Allah at Stockholm, 

9 Sweden on December 13, 2018 (referred to in 

10 this title as the ‘‘Stockholm Agreement’’); 

11 (C) to address the suffering of the Yemeni 

12 people; and 

13 (D) to counter efforts by Iran, al Qaeda, 

14 and ISIS to exploit instability for their own ma15 lign purposes; 

16 (2) the Government of Saudi Arabia and the 

17 Government of the United Arab Emirates bear sig18 nificant responsibility for the economic stabilization 

19 and eventual reconstruction of Yemen; and 

20 (3) the United States and the international 

21 community must continue to support the work of 

22 United Nations Special Envoy Martin Griffiths to 

23 achieve a political solution to the civil war in Yemen, 

24 including by supporting the implementation of the 


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1 Stockholm Agreement and United Nations Security 

2 Council Resolution 2451 (2018). 

3 SEC. 103. UNITED STATES STRATEGY FOR ENDING THE 

4 WAR IN YEMEN. 

5 (a) DEFINED TERM.—In this title, the term ‘‘appro6 priate congressional committees’’ means— 

7 (1) the Committee on Foreign Relations of the 

8 Senate; 

9 (2) the Committee on Armed Services of the 

10 Senate; 

11 (3) the Committee on Foreign Affairs of the 

12 House of Representatives; and 

13 (4) the Committee on Armed Services of the 

14 House of Representatives. 

15 (b) STRATEGY.—Not later than 30 days after the 

16 date of the enactment of this Act, and every 90 days there17 after until a complete cessation of hostilities in the Yemen 

18 civil war, the Secretary of State, the Administrator of the 

19 United States Agency for International Development, the 

20 Secretary of Defense, and the Director of National Intel21 ligence shall provide a briefing to the appropriate congres22 sional committees on the progress of the United States 

23 strategy to end the war in Yemen. 

24 (c) ELEMENTS.—The briefing required under sub25 section (b) shall include— 


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1 (1) a summary of the United States national 

2 security interests threatened by continued civil war 

3 and instability in Yemen; 

4 (2) a description of the steps necessary to end 

5 the civil war in Yemen and achieve a territorially 

6 unified, stable, and independent Yemen; 

7 (3) a description of efforts to implement the 

8 Stockholm Agreement; 

9 (4) a description of whether the Saudi-led coali10 tion, the internationally recognized Government of 

11 Yemen, local Yemeni forces, and Ansar Allah are 

12 taking the necessary steps referred to in paragraphs 

13 (2) and (3); 

14 (5) a description of United States activities to 

15 encourage all parties to take the necessary steps re16 ferred to in paragraphs (2) and (3); 

17 (6) an assessment of the threat posed by Al 

18 Qaeda and the Islamic State in Yemen to United 

19 States national security, including— 

20 (A) a comprehensive list of all sources of 

21 support received by these groups; and 

22 (B) an assessment regarding whether the 

23 activities of Al Qaeda in the Arabian Peninsula 

24 and the Islamic State in Yemen have expanded 


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1 or diminished since the beginning of the war in 

2 Yemen; 

3 (7) an explanation of how the United States 

4 has used, and plans to use, its military and diplo5 matic leverage— 

6 (A) to end the civil war in Yemen; and 

7 (B) to move the stakeholders in the war to8 ward a political process to end the war; 

9 (8) an assessment of Iran’s activities in Yemen, 

10 including— 

11 (A) a comprehensive summary of all recipi12 ents of illicit Iranian support in Yemen; and 

13 (B) an assessment regarding whether the 

14 scope of Iran’s influence and activities in 

15 Yemen have increased or decreased since the 

16 beginning of the war in Yemen; 

17 (9) a description of Russia’s activities in Yemen 

18 and an assessment of Russia’s objectives for such 

19 activities; and 

20 (10) any other matters relevant to ending the 

21 civil war in Yemen. 


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1 SEC. 104. REPORT ON ACCOUNTABILITY FOR VIOLATIONS 

2 OF INTERNATIONAL LAW, INCLUDING WAR 

3 CRIMES, AND OTHER HARM TO CIVILIANS IN 

4 YEMEN. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) all stakeholders in the conflict in Yemen 

8 should end all practices involving arbitrary arrests, 

9 enforced disappearances, torture, and other unlawful 

10 treatment; 

11 (2) all stakeholders in the conflict in Yemen 

12 should reveal the fate or the location of all persons 

13 who have been subjected to enforced disappearance 

14 by such stakeholders; 

15 (3) all persons who remain in custody as a re16 sult of the conflict in Yemen should be granted im17 mediate access to their families; 

18 (4) the locations of all detention facilities run 

19 or supervised by members of the Saudi-led coalition 

20 should be revealed and brought under the super21 vision of the Prosecutor General of Yemen; 

22 (5) independent monitors should be granted ac23 cess to all places of detention in Yemen; and 

24 (6) all stakeholders to the conflict in Yemen 

25 should fully cooperate with the United Nations 

26 Panel of Experts on Yemen. 


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1 (b) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, the Secretary of State shall 

3 submit a report to the appropriate congressional commit4 tees that describes the causes and consequences of civilian 

5 harm occurring in the armed conflict in Yemen, including 

6 war crimes, and gross violations of human rights as a re7 sult of the actions of all parties to the conflict. 

8 (c) ELEMENTS.—The report required under sub9 section (b) shall include— 

10 (1) a description of civilian harm occurring in 

11 the context of the armed conflict in Yemen, includ12 ing— 

13 (A) mass casualty incidents; and 

14 (B) damage to, and destruction of, civilian 

15 infrastructure and services, including— 

16 (i) hospitals and other medical facili17 ties; 

18 (ii) electrical grids; 

19 (iii) water systems; 

20 (iv) ports and port infrastructure; and 

21 (v) other critical infrastructure; 

22 (2) violations of the law of armed conflict com23 mitted during the war in Yemen by— 

24 (A) all forces involved in the Saudi-led coa25 lition and all forces fighting on its behalf; 


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1 (B) members of the Houthi movement and 

2 all forces fighting on its behalf; 

3 (C) members of violent extremist organiza4 tions; and 

5 (D) any other combatants in the conflict; 

6 (3) as examples of violations referred to in 

7 paragraph (2)— 

8 (A) alleged war crimes; 

9 (B) specific instances of failure by the par10 ties to the conflict to exercise distinction, pro11 portionality, and precaution in the use force in 

12 accordance with the law of armed conflict; 

13 (C) arbitrary denials of humanitarian ac14 cess and the resulting impact on the alleviation 

15 of human suffering; 

16 (D) detention-related abuses; 

17 (E) the use of child soldiers, including 

18 members of the Sudanese paramilitary Rapid 

19 Support Forces (previously known as the 

20 ‘‘Janjaweed militia’’); and 

21 (F) other acts that may constitute viola22 tions of the law of armed conflict; and 

23 (4) recommendations for establishing account24 ability mechanisms for the civilian harm, war crimes, 

25 other violations of the law of armed conflict, and 


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1 gross violations of human rights perpetrated by par2 ties to the conflict in Yemen, including— 

3 (A) the potential for prosecuting individ4 uals perpetrating, organizing, directing, or or5 dering such violations; and 

6 (B) establishing condolence payments for 

7 the impacted members of the civilian popu8 lation. 

9 (d) FORM.—The report required under subsection (b) 

10 shall be submitted in unclassified form, but may contain 

11 a classified annex. 

12 SEC. 105. SUSPENSION OF ARMS TRANSFERS TO SAUDI 

13 ARABIA. 

14 (a) RESTRICTION.—Except as provided in subsection 

15 (b), during the period beginning on the date of the enact16 ment of this Act and ending on September 30, 2020, the 

17 United States Government— 

18 (1) may not sell, transfer, or authorize licenses 

19 for export to the Government of Saudi Arabia any 

20 item designated under Category III, IV, VII, or VIII 

21 on the United States Munitions List pursuant to 

22 section 38(a)(1) of the Arms Export Control Act (22 

23 U.S.C. 2778(a)(1)); and 

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1 ment of this Act for the export to the Government 

2 of Saudi Arabia of any item designated under Cat3 egory IV of the United States Munitions List. 

4 (b) EXCEPTION.—The prohibition under subsection 

5 (a) shall not apply to sales, transfers, or export licenses 

6 relating to ground-based missile defense systems. 

7 (c) WAIVER.—The President may waive the restric8 tion under subsection (a) for items designated under Cat9 egories III, VII, and VIII of the United States Munitions 

10 List not earlier than 30 days after— 

11 (1) the Secretary of State, in coordination with 

12 the Secretary of Defense, submits a written, unclas13 sified certification to the appropriate congressional 

14 committees stating that— 

15 (A) such waiver is in the national security 

16 interests of the United States; 

17 (B) the Saudi-led coalition, during the 

18 180-day period immediately preceding the date 

19 of such certification, has continuously— 

20 (i) honored a complete cessation of 

21 hostilities in the Yemen civil war, including 

22 ending all air strikes and all offensive 

23 ground operations that are not associated 

24 with al Qaeda in the Arabian Peninsula or 

25 ISIS; 


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1 (ii) fully supported, in statements and 

2 actions, the work of United Nations Spe3 cial Envoy Martin Griffiths to find a polit4 ical solution to the conflict in Yemen; and 

5 (iii) abstained from any actions to re6 strict, delay, or interfere with the delivery 

7 of cargo to or within Yemen unless— 

8 (I) such action was taken exclu9 sively to carry out inspections based 

10 on specific intelligence that a cargo 

11 shipment contains weapons prohibited 

12 under United Nations Security Coun13 cil Resolution 2216 (2015); and 

14 (II) the Saudi-led coalition timely 

15 submitted any reports required under 

16 such Resolution after the conclusion 

17 of such action; and 

18 (C) Ansar Allah or associated forces, dur19 ing the 180-day period immediately preceding 

20 the date of such certification— 

21 (i) launched missile or unmanned aer22 ial vehicle strikes into Saudi Arabia or the 

23 United Arab Emirates; 


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1 (ii) conducted ground incursions into 

2 the territory of Saudi Arabia or the United 

3 Arab Emirates; 

4 (iii) accepted weapons, weapons com5 ponents, funding, or military training from 

6 the Islamic Republic of Iran; 

7 (iv) attacked vessels in the Red Sea; 

8 or 

9 (v) prohibited or otherwise restricted, 

10 directly or indirectly, the transport or de11 livery of humanitarian or commercial ship12 ments to and within Yemen; and 

13 (2) the Comptroller General of the United 

14 States, not later than 45 days after the submission 

15 of the certification under paragraph (1), submits a 

16 written, unclassified report to the appropriate con17 gressional committees assessing the responsiveness, 

18 completeness, and accuracy of such certification. 

19 (d) CLASSIFIED BRIEFING.—If the Secretary of 

20 State and the Secretary of Defense determine that Ansar 

21 Allah has engaged in any of the actions described in sub22 section (c)(1)(C), the Secretary of State and the Secretary 

23 of Defense shall provide a classified briefing to the appro24 priate congressional committees not later than 10 days 


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1 after submitting the certification under subsection (c)(1) 

2 to provide details to support such determination. 

3 SEC. 106. PROHIBITION ON IN-FLIGHT REFUELING OF 

4 SAUDI COALITION AIRCRAFT OPERATING IN 

5 YEMEN. 

6 (a) IN GENERAL.—No Federal funds may be obli7 gated or expended under section 2342 of title 10, United 

8 States Code, or under any other applicable statutory au9 thority, to provide in-flight refueling of Saudi or Saudi10 led coalition non-United States aircraft conducting mis11 sions as part of the ongoing civil war in Yemen. 

12 (b) REPORT REQUIRED.—Not later than 30 days 

13 after the date of the enactment of this Act, and every 30 

14 days thereafter, the Secretary of Defense shall submit a 

15 report to the appropriate congressional committees detail16 ing— 

17 (1) the expenses incurred by the United States 

18 in providing in-flight refueling services for Saudi or 

19 Saudi-led coalition non-United States aircraft con20 ducting missions as part of the civil war in Yemen 

21 between March 2015 and November 11, 2018; and 

22 (2) the extent to which the expenses referred to 

23 in paragraph (1) have been reimbursed by members 

24 of the Saudi-led coalition. 


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1 (c) ELEMENTS.—The report required under sub2 section (b) shall include— 

3 (1) the total expenses incurred by the United 

4 States in providing in-flight refueling services, in5 cluding fuel, flight hours, and other applicable ex6 penses, to Saudi or Saudi-led coalition, non-United 

7 States aircraft conducting missions as part of the 

8 civil war in Yemen; 

9 (2) the amount of the expenses described in 

10 paragraph (1) that have been reimbursed by each 

11 member of the Saudi-led coalition; and 

12 (3) actions taken by the United States to re13 coup the unreimbursed expenses described in para14 graph (1), including any commitments by members 

15 of the Saudi-led coalition to reimburse the United 

16 States for such expenses. 

17 (d) SUNSET.—The reporting requirement under sub18 section (b) shall cease to be effective on the date on which 

19 the Secretary of Defense submits written certification to 

20 the appropriate congressional committees that all of the 

21 expenses incurred by the United State in providing in22 flight refueling services for Saudi or Saudi-led coalition 

23 non-United States aircraft conducting missions as part of 

24 the civil war in Yemen have been reimbursed. 


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1 SEC. 107. IMPOSITION OF SANCTIONS WITH RESPECT TO 

2 PERSONS HINDERING HUMANITARIAN AC3 CESS AND THREATENING THE PEACE OR STA4 BILITY OF YEMEN. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the President should continue to implement Ex7 ecutive Order 13611 (77 Fed. Reg. 29533), relating to 

8 blocking property of persons threatening the peace, secu9 rity, or stability of Yemen. 

10 (b) SANCTIONS AUTHORIZED.—Not later than 60 

11 days after the date of the enactment of this Act, the Presi12 dent shall impose the sanctions described in subsection (c) 

13 with respect to each person that the President deter14 mines— 

15 (1)(A) is knowingly blocking access to Yemeni 

16 ports, ports of entry, or other facilities used by the 

17 United Nations, its specialized agencies and imple18 menting partners, national and international non19 governmental organizations, or any other actors en20 gaged in humanitarian relief activities in Yemen; or 

21 (B) is otherwise hindering the efforts of such 

22 organizations to deliver humanitarian relief, includ23 ing through diversion of goods and materials in24 tended to provide relief to civilians in Yemen; 

25 (2)(A) is knowingly threatening the humani26 tarian actors referred to in paragraph (1)(A); or 


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1 (B) is engaging in acts of violence against such 

2 actors in Yemen or across conflict lines and borders; 

3 (3) is responsible for actions or policies that are 

4 intended to undermine— 

5 (A) the United Nations-led political proc6 ess to end the conflict in Yemen; or 

7 (B) efforts to promote stabilization and re8 construction in Yemen; 

9 (4) is a successor entity to a person referred to 

10 in paragraphs (1) through (3); 

11 (5) owns or controls, or is owned or controlled 

12 by, a person referred to in paragraphs (1) through 

13 (3); 

14 (6) is acting for or, on behalf of, a person re15 ferred to in paragraphs (1) through (3); or 

16 (7) has knowingly provided, or attempted to 

17 provide, financial, material, technological, or other 

18 support for, or goods or services in support of, a 

19 person referred to in paragraphs (1) through (3). 

20 (c) SANCTIONS DESCRIBED.— 

21 (1) IN GENERAL.—The sanctions described in 

22 this subsection are the following: 

23 (A) ASSET BLOCKING.—In accordance with 

24 the International Emergency Economic Powers 

25 Act (50 U.S.C. 1701 et seq.), the President 


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1 shall block all transactions in all property and 

2 interests in property of a person subject to sub3 section (a) if such property and interests in 

4 property— 

5 (i) are in the United States; 

6 (ii) are transported into the United 

7 States; or 

8 (iii) are in, or come into, the posses9 sion or control of a United States person. 

10 (B) ALIENS INELIGIBLE FOR VISAS, AD11 MISSION, OR PAROLE.— 

12 (i) EXCLUSION FROM THE UNITED

13 STATES.—The Secretary of State shall 

14 deny a visa to, and the Secretary of Home15 land Security shall exclude from the 

16 United States, any alien subject to sub17 section (b). 

18 (ii) CURRENT VISAS REVOKED.— 

19 (I) IN GENERAL.—The issuing 

20 consular officer, the Secretary of 

21 State, or the Secretary of Homeland 

22 Security (or a designee of any such 

23 officer or Secretary) shall revoke any 

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1 section (b), regardless of when such 

2 visa was issued. 

3 (II) EFFECT OF REVOCATION.— 

4 A revocation under subclause (I) shall 

5 take effect immediately and shall 

6 automatically cancel any other valid 

7 visa or entry documentation that is in 

8 the alien’s possession. 

9 (2) INAPPLICABILITY OF NATIONAL EMER10 GENCY REQUIREMENT.—The requirements under 

11 section 202 of the International Emergency Eco12 nomic Powers Act (50 U.S.C. 1701) shall not apply 

13 for purposes of the imposition of sanctions under 

14 this section. 

15 (3) PENALTIES.—Any person that violates, at16 tempts to violate, conspires to violate, or causes a 

17 violation described in subsection (b), or any regula18 tion, license, or order issued to carry out such para19 graph, shall be subject to the penalties set forth in 

20 subsections (b) and (c) of section 206 of the Inter21 national Emergency Economic Powers Act (50 

22 U.S.C. 1705) to the same extent as a person that 

23 commits an unlawful act described in subsection (a) 

24 of such section. 


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1 SEC. 108. IMPOSITION OF SANCTIONS WITH RESPECT TO 

2 PERSONS SUPPORTING THE HOUTHIS IN 

3 YEMEN. 

4 (a) DETERMINATION.—Not later than 30 days after 

5 the date of the enactment of this Act, the President shall 

6 determine if the Houthi movement (also known as ‘‘Ansar 

7 Allah’’) has engaged meaningfully in United Nations-led 

8 efforts for a comprehensive political settlement that leads 

9 to a territorially unified, stable, and independent Yemen. 

10 (b) SANCTIONS.—If the President is unable to make 

11 the determination described in subsection (a), the Presi12 dent shall impose the sanctions described in subsection (c) 

13 on any person that the President determines— 

14 (1) has knowingly assisted, sponsored, provided, 

15 or attempted to provide significant financial, mate16 rial, or technological support for, or goods or serv17 ices in support of, the Houthis movement in Yemen, 

18 its successor entities, entities that own or control, or 

19 are owned or controlled by, the Houthi movement, or 

20 entities acting for, or on behalf of, the Houthi move21 ment; 

22 (2) has knowingly engaged in any activity that 

23 materially contributes to the supply, sale, or direct 

24 or indirect transfer to or from the Houthi movement 

25 in Yemen, its successor entities, entities that own or 

26 control, or are owned or controlled by, the Houthi 


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1 movement, or entities acting for or on behalf of the 

2 Houthi movement, of any firearms or ammunition, 

3 battle tanks, armored vehicles, artillery or mortar 

4 systems, aircraft, attack helicopters, warships, mis5 siles or missile systems, or explosive mines of any 

6 type (as such terms are defined for the purpose of 

7 the United Nations Register of Conventional Arms), 

8 ground-to-air missiles, unmanned aerial vehicles, or 

9 related materiel, including spare parts; 

10 (3) has knowingly provided any technical train11 ing, financial resources or services, advice, other 

12 services or assistance related to the supply, sale, 

13 transfer, manufacture, maintenance, or use of arms 

14 and related materiel described in paragraph (2) to 

15 the Houthi movement in Yemen, its successor enti16 ties, entities that own or control, or are owned or 

17 controlled by, the Houthi movement, or entities act18 ing for or on behalf of the Houthi movement; 

19 (4) is a successor entity to a person described 

20 in paragraph (1), (2), or (3); 

21 (5) is an entity that owns or controls, or is 

22 owned or controlled by, a person described in para23 graph (1), (2), or (3); or 

24 (6) is an entity that is acting for, or on behalf 

25 of, a person referred to in paragraph (1), (2), or (3). 


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1 (c) SANCTIONS DESCRIBED.— 

2 (1) IN GENERAL.—The sanctions described in 

3 this subsection are the following: 

4 (A) ASSET BLOCKING.—In accordance with 

5 the International Emergency Economic Powers 

6 Act (50 U.S.C. 1701 et seq.), the President 

7 shall block all transactions in property, or inter8 ests in property, of a person subject to sub9 section (b) if such property or interests in prop10 erty— 

11 (i) are in the United States; 

12 (ii) are transported into the United 

13 States; or 

14 (iii) are in, or come into, the posses15 sion or control of a United States person. 

16 (B) ALIENS INELIGIBLE FOR VISAS, AD17 MISSION, OR PAROLE.— 

18 (i) EXCLUSION FROM THE UNITED

19 STATES.—The Secretary of State shall 

20 deny a visa to, and the Secretary of Home21 land Security shall exclude from the 

22 United States, any alien subject to sub23 section (b). 

24 (ii) CURRENT VISAS REVOKED.— 


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1 (I) IN GENERAL.—The issuing 

2 consular officer, the Secretary of 

3 State, or the Secretary of Homeland 

4 Security (or a designee of any such 

5 officer or Secretary) shall revoke any 

6 visa or other entry documentation 

7 issued to an alien subject to sub8 section (b), regardless of when such 

9 visa was issued. 

10 (II) EFFECT OF REVOCATION.— 

11 A revocation under subclause (I) shall 

12 take effect immediately and shall 

13 automatically cancel any other valid 

14 visa or entry documentation that is in 

15 the alien’s possession. 

16 (C) DENIAL OF CERTAIN TRANS17 ACTIONS.—Any letter of offer and acceptance, 

18 or license to export, any defense article or de19 fense service controlled for export under the 

20 Arms Export Control Act (22 U.S.C. 2751 et 

21 seq.) or the Export Administration Act of 1979 

22 (50 U.S.C. 4601 et seq.), as continued in force 

23 by the International Emergency Economic Pow24 ers Act (50 U.S.C. 1701 et seq.), requested by 

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1 nied until the date that is 180 days after the 

2 date on which the Secretary of State certifies to 

3 Congress that any action by such person de4 scribed in subsection (b) has ceased. 

5 (2) INAPPLICABILITY OF NATIONAL EMER6 GENCY REQUIREMENT.—The requirements under 

7 section 202 of the International Emergency Eco8 nomic Powers Act (50 U.S.C. 1701) shall not apply 

9 for purposes of the imposition of sanctions under 

10 this section. 

11 (3) PENALTIES.—Any person that violates, at12 tempts to violate, conspires to violate, or causes a 

13 violation of paragraph (1), (2), or (3) of subsection 

14 (b), or any regulation, license, or order issued to 

15 carry out such paragraph, shall be subject to the 

16 penalties set forth in subsections (b) and (c) of sec17 tion 206 of the International Emergency Economic 

18 Powers Act (50 U.S.C. 1705) to the same extent as 

19 a person that commits an unlawful act described in 

20 subsection (a) of such section. 

21 (d) EXCEPTION.—The sanctions described in sub22 section (c)(1) shall not apply to any act incidental or nec23 essary to the provision of urgently needed humanitarian 

24 assistance. 


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1 SEC. 109. GAO REVIEW OF UNITED STATES MILITARY SUP2 PORT TO SAUDI-LED COALITION. 

3 (a) REVIEW.—The Comptroller General of the United 

4 States shall conduct a review of the United States military 

5 support to the Saudi-led coalition that evaluates— 

6 (1) the manner and extent to which the United 

7 States military provides support to the Saudi-led co8 alition; 

9 (2) how the Department of Defense prioritizes 

10 aerial refueling capabilities in support of the Saudi11 led coalition; 

12 (3) the manner and extent to which the United 

13 States has been reimbursed for aerial refueling sup14 port of Saudi-led coalition aircraft; 

15 (4) whether and how the Department of De16 fense determines the extent to which its advice and 

17 assistance has reduced civilian casualties and dam18 age to civilian infrastructure, including evaluating a 

19 differentiation between dynamic and deliberate tar20 geting by the Saudi-led coalition; 

21 (5) whether and how the Department of De22 fense determines the efficacy of defensive advice and 

23 assistance to the Saudi-led coalition, including with 

24 respect to ballistic missiles and other threats to the 

25 sovereignty of regional partners; and 


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1 (6) the responsiveness, completeness, and accu2 racy of any certifications submitted pursuant to sec3 tion 1290 of the John S. McCain National Defense 

4 Authorization Act for Fiscal Year 2019 (Public Law 

5 115–232). 

6 (b) BRIEFING.—Not later than 180 days after the 

7 date of the enactment of this Act, the Comptroller General 

8 of the United States shall provide the preliminary results 

9 of the review conducted under subsection (a) to the appro10 priate congressional committees. 

11 (c) FINAL REPORT.—During the briefing required 

12 under subsection (b), the Comptroller General shall notify 

13 the appropriate congressional committees when a final re14 port summarizing the results of the review conducted 

15 under subsection (a) will be submitted to such committees. 

16 SEC. 110. EMERGENCY PROTECTION FOR YEMENI CUL17 TURAL PROPERTY. 

18 Section 3 of the Protect and Preserve International 

19 Cultural Property Act (Public Law 114–151; 130 Stat. 

20 369) is amended— 

21 (1) in the section heading, by inserting ‘‘AND

22 YEMENI’’ after ‘‘SYRIAN’’; 

23 (2) in subsection (a), by inserting ‘‘or Yemen’’ 

24 after ‘‘Syria’’ each place such term appears; 

25 (3) in subsection (b)— 


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1 (A) in paragraph (1)(B)(i), by inserting 

2 ‘‘or the Government of Yemen’’ after ‘‘Govern3 ment of Syria’’; and 

4 (B) in paragraph (2)(B)— 

5 (i) by inserting ‘‘or Yemen’’ after 

6 ‘‘Syria’’ each of the first 2 places such 

7 term appears; and 

8 (ii) in clause (ii), by inserting ‘‘or the 

9 United States and Yemen, as applicable,’’ 

10 after ‘‘United States and Syria’’; 

11 (4) in subsection (c), by inserting ‘‘or Yemen’’ 

12 after ‘‘Syria’’ each place such term appears; and 

13 (5) in subsection (d), by amending paragraph 

14 (2) to read as follows: 

15 ‘‘(2) ARCHAEOLOGICAL OR ETHNOLOGICAL MA16 TERIAL OF SYRIA OR YEMEN.—The term ‘archae17 ological or ethnological material of Syria or Yemen’ 

18 means cultural property (as defined in section 302 

19 of the Convention on Cultural Property Implementa20 tion Act (19 U.S.C. 2601)) that— 

21 ‘‘(A) is unlawfully removed from Syria on 

22 or after March 15, 2011; or 

23 ‘‘(B) is unlawfully removed from Yemen on 

24 or after March 15, 2015.’’. 


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1 TITLE II—SAUDI ARABIA 

2 ACCOUNTABILITY 

3 SEC. 201. IMPOSITION OF SANCTIONS ON PERSONS RE4 SPONSIBLE FOR THE DEATH OF JAMAL 

5 KHASHOGGI. 

6 (a) IN GENERAL.—Section 1263 of the Global 

7 Magnitsky Human Rights Accountability Act (22 U.S.C. 

8 2656 note) is amended— 

9 (1) in subsection (a), in the matter preceding 

10 paragraph (1), by striking ‘‘(b)’’ and inserting ‘‘(c)’’; 

11 (2) by redesignating subsections (b) through (j) 

12 as subsections (c) through (k), respectively; 

13 (3) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) JAMAL KHASHOGGI.—Not later than 30 days 

16 after the date of the enactment of the Saudi Arabia Ac17 countability and Yemen Act of 2019, the President shall 

18 impose the sanctions described in subsection (c) with re19 spect to any foreign person, including any official of the 

20 government of Saudi Arabia or member of the royal family 

21 of Saudi Arabia that the President determines, based on 

22 credible evidence— 

23 ‘‘(1) was responsible for, or complicit in, order24 ing, controlling, or otherwise directing an act or acts 


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1 contributing to or causing the death of Jamal 

2 Khashoggi; or 

3 ‘‘(2) has materially assisted, sponsored, or pro4 vided financial, material, or technological support 

5 for, or goods or services in support of an activity de6 scribed in paragraph (1).’’; 

7 (4) in subsection (d), as redesignated, in the 

8 matter preceding paragraph (1), by inserting ‘‘or 

9 (b)’’ after ‘‘subsection (a)’’; 

10 (5) in subsection (f), as redesignated, by strik11 ing ‘‘subsection (b)(1)’’ and inserting ‘‘subsection 

12 (c)(1)’’; 

13 (6) in subsection (j), as redesignated, by insert14 ing ‘‘or (b)’’ after ‘‘subsection (a)’’; and 

15 (7) in subsection (k), as redesignated, by strik16 ing paragraphs (1) and (2) and inserting the fol17 lowing: 

18 ‘‘(1) the Committee on Foreign Relations of the 

19 Senate; 

20 ‘‘(2) the Committee on Banking, Housing, and 

21 Urban Affairs of the Senate; 

22 ‘‘(3) the Committee on Foreign Affairs of the 

23 House of Representatives; 

24 ‘‘(4) the Committee on Financial Services of 

25 the House of Representatives; and 


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1 ‘‘(5) the Committee on Ways and Means of the 

2 House of Representatives.’’. 

3 (b) BRIEFINGS.—Not later than 15 days after the 

4 date of the enactment of this Act, and every 45 days there5 after, the Secretary of State, in conjunction with the Sec6 retary of the Treasury and the Director of National Intel7 ligence, shall provide a briefing to the appropriate congres8 sional committees (as defined in section 1263(k) of the 

9 Global Magnitsky Human Rights Accountability Act, as 

10 amended by subsection (a)(7)) regarding the implementa11 tion of the amendment made by subsection (a)(3). 

12 SEC. 202. REPORT ON SAUDI ARABIA’S HUMAN RIGHTS 

13 RECORD. 

14 Not later than 30 days after the date of the enact15 ment of this Act, the Secretary of State, in accordance 

16 with section 502B(c) of the Foreign Assistance Act of 

17 1961 (22 U.S.C. 2304(c)), shall submit an unclassified, 

18 written report to Congress that— 

19 (1) includes the information required under 

20 such section 502B(c); 

21 (2) describes the extent to which officials of the 

22 Government of Saudi Arabia, including members of 

23 the military or security services, are responsible for 

24 or complicit in gross violations of internationally rec25 ognized human rights, including violations of the 


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1 human rights of journalists, bloggers, and those who 

2 support women’s rights or religious freedom; 

3 (3) describes the extent to which the Govern4 ment of Saudi Arabia— 

5 (A) has knowingly blocked access to Yem6 eni ports, ports of entry, or other facilities used 

7 by the United Nations, its specialized agencies 

8 and implementing partners, national and inter9 national nongovernmental organizations, or any 

10 other actors engaged in humanitarian relief ac11 tivities in Yemen; 

12 (B) has hindered the efforts of the organi13 zations referred to in subparagraph (A) to de14 liver humanitarian relief, including through di15 version of goods and materials intended to pro16 vide relief to civilians in Yemen; 

17 (C) has prohibited or directly or indirectly 

18 restricted the transport or delivery of United 

19 States humanitarian assistance to Yemen; and 

20 (D) complied with the Secretary of State’s 

21 statement on October 30, 2018, related to 

22 ‘‘ending the conflict in Yemen’’; and 

23 (4) identifies the percentage by which civilian 

24 casualties and deaths, respectively, increased as a reVerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398

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1 sult of Saudi coalition air strikes in Yemen between 

2 November 2017 and August 2018. 

3 TITLE III—GENERAL 

4 PROVISIONS 

5 SEC. 301. RULE OF CONSTRUCTION. 

6 Nothing in this Act may be construed to limit the 

7 authority of the President pursuant to the International 

8 Emergency Economic Powers Act (50 U.S.C. 1701 et 

9 seq.). 

10 SEC. 302. SUNSET. 

11 This Act shall cease to be effective on the date that 

12 is 5 years after the date of the enactment of this Act. 


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Calendar No. 167 

116TH CONGRESS 

1ST SESSION S. 398 

A BILL 

To support the peaceful resolution of the civil war 

for murdering a Saudi dissident. crisis, and to hold the perpetrators responsible in Yemen, to address the resulting humanitarian 

JULY 30, 2019 

Reported without amendment 


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