Sec. 1335. Determination and suspension of certain defense services and support to Saudi Arabia
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It is the policy of the United States— to continue to support and further efforts to bring an end to the conflict in Yemen; to ensure United States defense articles and services are not used for military operations resulting in civilian casualties; to ensure 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 ) are upheld and which describe the purposes for which military sales by the United States are authorized, including ‘‘legitimate self-defense’’, ‘‘internal security’’, and ‘‘preventing or hindering the proliferation of weapons of mass destruction or the means of delivering such weapons’’; and to work with allies and partners to address the ongoing humanitarian needs of Yemeni civilians.
Not later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and the Secretary of Defense, shall determine and report to appropriate congressional committees of whether the Government of Saudi Arabia has undertaken offensive airstrikes inside Yemen in the preceding year resulting in civilian casualties. The determination and report required by this subsection shall include the following: A full description of any such airstrikes, including a detailed accounting of civilian casualties incorporating information from non-governmental sources.
An identification of Government of Saudi Arabia air units responsible for any such airstrikes. A description of aircraft and munitions used in any such airstrikes. The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex if necessary. Upon issuance of an affirmation determination and report pursuant to subsection
(b)with respect to offensive airstrikes inside Yemen in the preceding year resulting in civilian casualties, the President may not proceed with any Foreign Military Sale
(FMS)using funds authorized to be appropriated by this Act authorizing the export to the Government of Saudi Arabia of defense services related to the sustainment or maintenance of United States-provided aircraft belonging to military units determined to have undertaken such airstrikes. Notwithstanding any other provision of this section, the prohibition in subsection
(c)shall not include the authority or a requirement to impose any restrictions or prohibitions on any Foreign Military Sale of defense services relating to aircraft engaging in operations— preventing or degrading the ability of Houthi (Ansar Allah) forces to launch missiles and unmanned aircraft strikes into the territory of Saudi Arabia; related directly to counterterrorism efforts against Al-Qaeda in the Arabian Peninsula
(AQAP)and its affiliates; designed to provide territorial air defense; or directly related to the defense of United States facilities or military or diplomatic personnel located in Saudi Arabia. In this section, the term appropriate congressional committees means— the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
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Sec. 1335
Determination and suspension of certain defense services and support to Saudi Arabia
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