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[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
```