[Congressional Record Volume 164, Number 139 (Tuesday, August 21, 2018)]
[Senate]
[Pages S5766-S5767]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3798. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 3695 proposed by Mr. Shelby to the bill H.R. 6157, 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2019, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place in title VIII of division A, 
     insert the following:
       Sec. __. (a) Congress makes the following findings:
       (1) The Saudi-led coalition air strike on a bus on August 
     9, 2018, in the Saada Province of Yemen reportedly killed 51 
     people, 40 of which were children, and injured dozens more.
       (2) That air strike represents one of more than 17,000 
     total air strikes conducted by the Saudi-led coalition since 
     March 2015. The United Nations Refugee Agency (UNHCR) 
     assesses that, from December 2017 to May 2018, Saudi-led 
     coalition air strikes accounted for 80 percent of the 
     civilian deaths in the 5 Yemeni governorates most affected by 
     the fighting.
       (b) No funds appropriated or otherwise made available by 
     this Act may be made available for authorized in-flight 
     refueling of Saudi or Saudi-led coalition non-United States 
     aircraft conducting missions in Yemen pursuant to section 
     2342 of title 10, United States Code, or any other applicable 
     statutory authority unless--
       (1) the Government of Saudi Arabia or the government of a 
     Saudi-led coalition member provides the Secretary of Defense 
     advance notification of the intended target in Yemen; and
       (2) the Secretary of Defense certifies to the appropriate 
     committees of Congress with a high degree of confidence that 
     the Saudi or Saudi-led coalition mission in Yemen exercises 
     the proportionate use of force and discriminates between 
     military and non-military targets, in accordance with 
     international humanitarian law and the laws of armed 
     conflict.
       (c) In this section, the term ``appropriate committees of 
     Congress'' means--

[[Page S5767]]

       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______