Title: Saudi Arabia Legitimate Self Defense Act
Policy area: International Affairs

Summary:
Saudi Arabia Legitimate Self Defense Act
This bill imposes restrictions on exports of defense services for maintaining or servicing U.S.-provided aircraft belonging to Saudi Arabian military units conducting offensive airstrikes in Yemen.
Specifically, the President may not authorize (and must suspend authorizations issued before this bill's enactment) exporting such defense services for aircraft that, in the preceding year, have undertaken offensive airstrikes in Yemen not directly related to preventing or degrading the ability of Houthi (Ansar Allah) to launch missile and unmanned aircraft strikes on the territory of Saudi Arabia or the United Arab Emirates. This restriction shall be in effect for two years starting from this bill's enactment.
The Department of State must report quarterly to Congress on airstrikes by the Saudi Air Force in Yemen, including (1) information about strikes in the past three months that the U.S. government considers to be legitimate self-defense, internal security, or for preventing the proliferation of weapons of mass destruction; (2) information about strikes that do not meet such criteria; and (3) a certification that the State Department is investigating any indications that U.S.-sourced defense articles are not being used against anything other than legitimate military targets in Yemen.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6601 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6601

  To provide for the prohibition on issuance of licenses authorizing 
  exports of certain defense services to Saudi Arabia, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2022

 Mr. Malinowski (for himself, Mr. McGovern, Mr. Lieu, Mr. Moulton, Mr. 
 Allred, Ms. Porter, and Mr. Castro of Texas) introduced the following 
      bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide for the prohibition on issuance of licenses authorizing 
  exports of certain defense services to Saudi Arabia, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Saudi Arabia Legitimate Self Defense 
Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that, for purposes of compliance with 
and implementation of section 502 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2302; relating to utilization of defense articles) and 
section 4 of the Foreign Military Sales Act (22 U.S.C. 2754; relating 
to purposes for which military sales by the United States are 
authorized)--
            (1) officials from the Department of State and Department 
        of Defense who oversee security cooperation with the Kingdom of 
        Saudi Arabia have an obligation to be alert to and report to 
        the Secretary of Defense and Secretary of State any indication 
        that United States-origin defense articles are being used 
        against anything other than legitimate military targets; and
            (2) the Department of State is responsible, under United 
        States law and consistent with United States policy, for 
        investigating such incidents of potential misuse and imposing 
        restrictions, as appropriate, on the Kingdom of Saudi Arabia in 
        instances in which it is suspected of not utilizing United 
        States-origin defense articles consistent with United States 
        law.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States that--
            (1) for purposes of compliance with section 502 of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2302; relating to 
        utilization of defense articles) and section 4 of the Foreign 
        Military Sales Act (22 U.S.C. 2754; relating to purposes for 
        which military sales by the United States are authorized), 
        offensive strikes on Houthi (Ansar Allah) ground forces in 
        Yemen by the armed forces of the Kingdom of Saudi Arabia do not 
        constitute ``legitimate self defense'', ``internal security'', 
        nor ``preventing or hindering the proliferation of weapons of 
        mass destruction or the means of delivering such weapons''; and
            (2) consistent with section 3(g) of the Foreign Military 
        Sales Act (22 U.S.C. 2753(g); relating to unauthorized use of 
        articles), the United States retains the right to verify 
        credible reports that Saudi Air Force aircraft have been used 
        for purposes other than those authorized under contract terms 
        consistent with the Arms Export Control Act.

SEC. 4. REPORT.

    (a) In General.--For purposes of compliance with section 502 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2302; relating to utilization 
of defense articles) and section 4 of the Foreign Military Sales Act 
(22 U.S.C. 2754; relating to purposes for which military sales by the 
United States are authorized), the Secretary of State shall, not later 
than 30 days after the date of the enactment of this Act, submit to the 
appropriate congressional committees a report that includes the 
following:
            (1) A description of strikes by the Saudi Air Force in 
        Yemen, from 2015 to the present, that the United States 
        Government considers ``legitimate self defense'', ``internal 
        security'', and ``preventing or hindering the proliferation of 
        weapons of mass destruction or the means of delivering such 
        weapons''.
            (2) A description of strikes by Saudi Arabia in Yemen, from 
        2015 from present, that the intelligence community assesses do 
        not constitute ``legitimate self defense'', ``internal 
        security'', and ``preventing or hindering the proliferation of 
        weapons of mass destruction or the means of delivering such 
        weapons,'' consistent with the statement of policy described in 
        section 3.
            (3) A description of the investigations that the United 
        States Government carried out relating to the strikes described 
        in paragraph (2).
            (4) A description of any violations of the terms of sale 
        for United States Munitions List-listed aircraft to Saudi 
        Arabia for purposes of compliance with 3(c)(2) of the Foreign 
        Military Sales Act that the investigations described in 
        paragraph (3) found.
            (5) A copy of the Department of State's standing guidance 
        to all personnel, including those operating under Chief of 
        Mission supervision at United States embassies, for reporting 
        any indication that United States-origin defense articles are 
        being used by Saudi Arabia in Yemen against anything other than 
        legitimate military targets.
            (6) A copy of the Department of State's procedures for 
        investigating and reporting to the Secretary of State on the 
        outcome of any investigations of any indication that United 
        States-origin defense articles are being used by Saudi Arabia 
        in Yemen against anything other than legitimate military 
        targets.
            (7) A certification from the Secretary of State that the 
        guidance described in paragraph (5) is being faithfully and 
        consistently implemented by all Department of State personnel, 
        as required by United States law and policy.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may contain a classified annex.

SEC. 5. PROHIBITION ON ISSUANCE OF LICENSES AUTHORIZING EXPORTS OF 
              CERTAIN DEFENSE SERVICES TO SAUDI ARABIA.

    For the 2-year period beginning on the date of the enactment of 
this Act, the President may not issue any license, and shall suspend 
any license or other approval that was issued before such date of 
enactment, authorizing the export to the Government of Saudi Arabia of 
defense services related to the maintenance or servicing of United 
States-provided aircraft belonging to military units determined to have 
undertaken offensive airstrikes inside Yemen in the preceding year that 
are not related directly to preventing or degrading the ability of 
Houthi (Ansar Allah) forces to launch missile and unmanned aircraft 
strikes on the territory of Saudi Arabia or the United Arab Emirates.

SEC. 6. QUARTERLY UPDATES ON END-USE MONITORING OF SAUDI ARABIA USE OF 
              UNITED STATES-ORIGIN WEAPONS IN YEMEN.

    (a) In General.--Beginning on the date of the enactment of this Act 
and until such a date as the Kingdom of Saudi Arabia is assessed by the 
intelligence community to no longer be conducting airstrikes in Yemen, 
the Secretary of State, in coordination with the Director of National 
Intelligence, shall submit quarterly reports to the relevant committees 
with the following information:
            (1) A description of strikes by the Saudi Air Force in 
        Yemen over the past three months that the United States 
        Government considers ``legitimate self defense'', ``internal 
        security'', and ``preventing or hindering the proliferation of 
        weapons of mass destruction or the means of delivering such 
        weapons''.
            (2) A description of strikes by Saudi Arabia in Yemen, over 
        the past three months that the intelligence community assesses 
        do not constitute ``legitimate self defense'', ``internal 
        security'', and ``preventing or hindering the proliferation of 
        weapons of mass destruction or the means of delivering such 
        weapons,'' consistent with the statement of policy described in 
        section 3.
            (3) A description of the investigations that the United 
        States Government carried out of the strikes described in 
        paragraph (2).
            (4) A description of any violations of the terms of sale 
        for United States Munitions List-listed aircraft to Saudi 
        Arabia for purposes of compliance with 3(c)(2) of the Foreign 
        Military Sales Act that the investigations described in 
        paragraph (3) found.
            (5) A certification from the Secretary of State that, 
        consistent with United States law and policy--
                    (A) all Department of State personnel are 
                implementing faithfully and consistently their 
                obligations under United States law and policy to be 
                alert to and report to the Secretary of State any 
                indication that United States-origin defense articles 
                are being used against anything other than legitimate 
                military targets in Yemen; and
                    (B) the Department of State is investigating any 
                indications that United States-origin defense articles 
                are not being used against anything other than 
                legitimate military targets in Yemen and taking 
                necessary corrective actions to ensure compliance with 
                United States law and policy.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may contain a classified annex.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Permanent Select Committee 
                on Intelligence of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select Committee 
                on Intelligence of the Senate.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
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