Saudi Arabia Accountability and Yemen Act of 2019

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. SHA- HEEN, 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 dis- sident. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Saudi Arabia Accountability and Yemen Act of 2019’’. 5 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 2 •S 398 RS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 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 humani- tarian 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 RESOLU- 3 TION OF THE CIVIL WAR IN 4 YEMEN AND PROTECTION OF 5 CIVILIANS 6 SEC. 101. STATEMENT OF POLICY. 7 It is the policy of the United States— 8 (1) to support United Nations-led efforts for a 9 comprehensive political settlement that leads to a 10 territorially unified, stable, and independent Yemen; 11 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 3 •S 398 RS (2) to insist on the urgent need for a political 1 solution, consistent with United Nations Security 2 Council Resolution 2216 (2015), or any successor 3 United Nations Security Council Resolution demand- 4 ing an end to violence in Yemen and peaceful resolu- 5 tion of the conflict in that country; 6 (3) to reject all statements, policies, or actions 7 advocating for a military solution to the civil war in 8 Yemen; 9 (4) to encourage long-standing United States 10 security partners, including the Government of 11 Saudi Arabia and the Government of the United 12 Arab Emirates, to take the lead in confidence-build- 13 ing measures that open space for political dialogue 14 to end the war in Yemen and address the humani- 15 tarian crisis; and 16 (5) to support the implementation of the agree- 17 ments reached between the parties to the conflict at 18 Stockholm, Sweden on December 13, 2018, con- 19 sistent with United Nations Security Council Resolu- 20 tion 2451 (2018). 21 SEC. 102. SENSE OF CONGRESS. 22 It is the sense of Congress that— 23 (1) continued direct negotiations between the 24 Government of Saudi Arabia, the internationally rec- 25 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 4 •S 398 RS ognized Government of Yemen, and representatives 1 of the Houthi movement (also known as ‘‘Ansar 2 Allah’’) are required— 3 (A) to reach a political solution; 4 (B) to implement the agreements reached 5 between the Saudi-led coalition, the internation- 6 ally recognized Government of Yemen, local 7 Yemeni forces, and Ansar Allah at Stockholm, 8 Sweden on December 13, 2018 (referred to in 9 this title as the ‘‘Stockholm Agreement’’); 10 (C) to address the suffering of the Yemeni 11 people; and 12 (D) to counter efforts by Iran, al Qaeda, 13 and ISIS to exploit instability for their own ma- 14 lign purposes; 15 (2) the Government of Saudi Arabia and the 16 Government of the United Arab Emirates bear sig- 17 nificant responsibility for the economic stabilization 18 and eventual reconstruction of Yemen; and 19 (3) the United States and the international 20 community must continue to support the work of 21 United Nations Special Envoy Martin Griffiths to 22 achieve a political solution to the civil war in Yemen, 23 including by supporting the implementation of the 24 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 5 •S 398 RS Stockholm Agreement and United Nations Security 1 Council Resolution 2451 (2018). 2 SEC. 103. UNITED STATES STRATEGY FOR ENDING THE 3 WAR IN YEMEN. 4 (a) DEFINED TERM.—In this title, the term ‘‘appro- 5 priate congressional committees’’ means— 6 (1) the Committee on Foreign Relations of the 7 Senate; 8 (2) the Committee on Armed Services of the 9 Senate; 10 (3) the Committee on Foreign Affairs of the 11 House of Representatives; and 12 (4) the Committee on Armed Services of the 13 House of Representatives. 14 (b) STRATEGY.—Not later than 30 days after the 15 date of the enactment of this Act, and every 90 days there- 16 after until a complete cessation of hostilities in the Yemen 17 civil war, the Secretary of State, the Administrator of the 18 United States Agency for International Development, the 19 Secretary of Defense, and the Director of National Intel- 20 ligence shall provide a briefing to the appropriate congres- 21 sional committees on the progress of the United States 22 strategy to end the war in Yemen. 23 (c) ELEMENTS.—The briefing required under sub- 24 section (b) shall include— 25 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 6 •S 398 RS (1) a summary of the United States national 1 security interests threatened by continued civil war 2 and instability in Yemen; 3 (2) a description of the steps necessary to end 4 the civil war in Yemen and achieve a territorially 5 unified, stable, and independent Yemen; 6 (3) a description of efforts to implement the 7 Stockholm Agreement; 8 (4) a description of whether the Saudi-led coali- 9 tion, the internationally recognized Government of 10 Yemen, local Yemeni forces, and Ansar Allah are 11 taking the necessary steps referred to in paragraphs 12 (2) and (3); 13 (5) a description of United States activities to 14 encourage all parties to take the necessary steps re- 15 ferred to in paragraphs (2) and (3); 16 (6) an assessment of the threat posed by Al 17 Qaeda and the Islamic State in Yemen to United 18 States national security, including— 19 (A) a comprehensive list of all sources of 20 support received by these groups; and 21 (B) an assessment regarding whether the 22 activities of Al Qaeda in the Arabian Peninsula 23 and the Islamic State in Yemen have expanded 24 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 7 •S 398 RS or diminished since the beginning of the war in 1 Yemen; 2 (7) an explanation of how the United States 3 has used, and plans to use, its military and diplo- 4 matic leverage— 5 (A) to end the civil war in Yemen; and 6 (B) to move the stakeholders in the war to- 7 ward a political process to end the war; 8 (8) an assessment of Iran’s activities in Yemen, 9 including— 10 (A) a comprehensive summary of all recipi- 11 ents of illicit Iranian support in Yemen; and 12 (B) an assessment regarding whether the 13 scope of Iran’s influence and activities in 14 Yemen have increased or decreased since the 15 beginning of the war in Yemen; 16 (9) a description of Russia’s activities in Yemen 17 and an assessment of Russia’s objectives for such 18 activities; and 19 (10) any other matters relevant to ending the 20 civil war in Yemen. 21 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 8 •S 398 RS SEC. 104. REPORT ON ACCOUNTABILITY FOR VIOLATIONS 1 OF INTERNATIONAL LAW, INCLUDING WAR 2 CRIMES, AND OTHER HARM TO CIVILIANS IN 3 YEMEN. 4 (a) SENSE OF CONGRESS.—It is the sense of Con- 5 gress that— 6 (1) all stakeholders in the conflict in Yemen 7 should end all practices involving arbitrary arrests, 8 enforced disappearances, torture, and other unlawful 9 treatment; 10 (2) all stakeholders in the conflict in Yemen 11 should reveal the fate or the location of all persons 12 who have been subjected to enforced disappearance 13 by such stakeholders; 14 (3) all persons who remain in custody as a re- 15 sult of the conflict in Yemen should be granted im- 16 mediate access to their families; 17 (4) the locations of all detention facilities run 18 or supervised by members of the Saudi-led coalition 19 should be revealed and brought under the super- 20 vision of the Prosecutor General of Yemen; 21 (5) independent monitors should be granted ac- 22 cess to all places of detention in Yemen; and 23 (6) all stakeholders to the conflict in Yemen 24 should fully cooperate with the United Nations 25 Panel of Experts on Yemen. 26 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 9 •S 398 RS (b) REPORT.—Not later than 90 days after the date 1 of the enactment of this Act, the Secretary of State shall 2 submit a report to the appropriate congressional commit- 3 tees that describes the causes and consequences of civilian 4 harm occurring in the armed conflict in Yemen, including 5 war crimes, and gross violations of human rights as a re- 6 sult of the actions of all parties to the conflict. 7 (c) ELEMENTS.—The report required under sub- 8 section (b) shall include— 9 (1) a description of civilian harm occurring in 10 the context of the armed conflict in Yemen, includ- 11 ing— 12 (A) mass casualty incidents; and 13 (B) damage to, and destruction of, civilian 14 infrastructure and services, including— 15 (i) hospitals and other medical facili- 16 ties; 17 (ii) electrical grids; 18 (iii) water systems; 19 (iv) ports and port infrastructure; and 20 (v) other critical infrastructure; 21 (2) violations of the law of armed conflict com- 22 mitted during the war in Yemen by— 23 (A) all forces involved in the Saudi-led coa- 24 lition and all forces fighting on its behalf; 25 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 10 •S 398 RS (B) members of the Houthi movement and 1 all forces fighting on its behalf; 2 (C) members of violent extremist organiza- 3 tions; and 4 (D) any other combatants in the conflict; 5 (3) as examples of violations referred to in 6 paragraph (2)— 7 (A) alleged war crimes; 8 (B) specific instances of failure by the par- 9 ties to the conflict to exercise distinction, pro- 10 portionality, and precaution in the use force in 11 accordance with the law of armed conflict; 12 (C) arbitrary denials of humanitarian ac- 13 cess and the resulting impact on the alleviation 14 of human suffering; 15 (D) detention-related abuses; 16 (E) the use of child soldiers, including 17 members of the Sudanese paramilitary Rapid 18 Support Forces (previously known as the 19 ‘‘Janjaweed militia’’); and 20 (F) other acts that may constitute viola- 21 tions of the law of armed conflict; and 22 (4) recommendations for establishing account- 23 ability mechanisms for the civilian harm, war crimes, 24 other violations of the law of armed conflict, and 25 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 11 •S 398 RS gross violations of human rights perpetrated by par- 1 ties to the conflict in Yemen, including— 2 (A) the potential for prosecuting individ- 3 uals perpetrating, organizing, directing, or or- 4 dering such violations; and 5 (B) establishing condolence payments for 6 the impacted members of the civilian popu- 7 lation. 8 (d) FORM.—The report required under subsection (b) 9 shall be submitted in unclassified form, but may contain 10 a classified annex. 11 SEC. 105. SUSPENSION OF ARMS TRANSFERS TO SAUDI 12 ARABIA. 13 (a) RESTRICTION.—Except as provided in subsection 14 (b), during the period beginning on the date of the enact- 15 ment of this Act and ending on September 30, 2020, the 16 United States Government— 17 (1) may not sell, transfer, or authorize licenses 18 for export to the Government of Saudi Arabia any 19 item designated under Category III, IV, VII, or VIII 20 on the United States Munitions List pursuant to 21 section 38(a)(1) of the Arms Export Control Act (22 22 U.S.C. 2778(a)(1)); and 23 (2) shall suspend any licenses or other approv- 24 als that were issued before the date of the enact- 25 VerDate Sep 11 2014 00:46 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S398.RS S398 kjohnson on DSK79L0C42 with BILLS 12 •S 398 RS ment of this Act for the export to the Government 1 of Saudi Arabia of any item designated under Cat- 2 egory IV of the United States Munitions List. 3 (b) EXCEPTION.—The prohibition under subsection 4 (a) shall not apply to sales, transfers, or export licenses 5 relating to ground-based missile defense systems. 6 (c) WAIVER.—The President may waive the restric- 7 tion under subsection (a) for items designated under Cat- 8 egories III, VII, and VIII of the United States Munitions 9 List not earlier than 30 days after— 10 (1) the Secretary of State, in coordination with 11 the Secretary of Defense, submits a written, unclas- 12 sified certification to the appropriate congressional 13 committees stating that— 14 (A) such waiver is in the national security 15 interests of the [Text truncated for display. Full text available on Congress.gov.]