[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 90 Introduced in House (IH)]

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114th CONGRESS
  2d Session
H. J. RES. 90

    To provide limitations on the transfer of certain United States 
           munitions from the United States to Saudi Arabia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2016

 Mr. Ted Lieu of California (for himself and Mr. Yoho) introduced the 
  following joint resolution; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                            JOINT RESOLUTION


 
    To provide limitations on the transfer of certain United States 
           munitions from the United States to Saudi Arabia.

Whereas the enduring security partnership between the United States Government 
        and the Government of Saudi Arabia has historically served to preserve 
        the stability of the Arabian Gulf region;
Whereas the United States Government appreciates the Government of Saudi 
        Arabia's participation in the global counter-ISIL coalition;
Whereas the United States Armed Forces provide dedicated personnel and assets to 
        the armed forces of Saudi Arabia to support their military operations in 
        Yemen, including over 700 air-to-air refueling sorties, and to assist 
        with effectiveness and reduction of collateral damage;
Whereas the Department of State has consistently urged all sides of the conflict 
        in Yemen to take all feasible precautions to reduce the risk of harm to 
        civilians and to comply with their obligations under international 
        humanitarian law, which includes minimizing harm to civilians and 
        differentiating between civilian infrastructure and military objectives;
Whereas the Panel of Experts established pursuant to United Nations Security 
        Council Resolution 2140 (2014) reported on January 22, 2016, that the 
        military coalition led by the Government of Saudi Arabia in Yemen ``had 
        conducted air strikes targeting civilians and civilian objects, in 
        violation of International Humanitarian Law, including camps for 
        internally displaced persons and refugees; civilian gatherings, 
        including weddings; civilian vehicles, residential areas, medical 
        facilities schools, mosques, markets, factories and food storage 
        warehouses and other essential civilian infrastructure such as the 
        airport in Sanaa, the port in Hudayadah, and domestic transit routes'';
Whereas the Panel of Experts reported on January 22, 2016, that Houthi-Saleh 
        forces in Aden and Ta'izz had ``attacked civilians and civilian objects, 
        including by shelling civilian residential areas, medical facilities, 
        schools and other civilian infrastructure and using snipers positioned 
        atop buildings to target people seeking safety, medical care or food'';
Whereas in the course of the conflict in Yemen, the systematic and widespread 
        blockade of commercial goods has directly contributed to the obstruction 
        of deliveries of aid and humanitarian assistance, while restricting 
        vital imports of commercial fuel, food, and other goods;
Whereas, since 2010, the President has submitted for review sales to Saudi 
        Arabia of defense articles and services with a potential value of more 
        than $100,000,000,000, including a $1,300,000,000 sale of precision 
        guided air-to-ground munitions that was notified to Congress on November 
        13, 2015; and
Whereas designated foreign terrorist organizations, including al Qaeda in the 
        Arabian Peninsula and the Islamic State in Iraq and the Levant, which 
        pose a grave threat to the national security of the United States, have 
        significantly expanded the territory under their control in Yemen since 
        the Government of Saudi Arabia began military operations in Yemen on 
        March 26, 2015: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SENSE OF CONGRESS.

    It is the sense of Congress that no transfer to Saudi Arabia of 
United States air-to-ground munitions should occur until the President 
certifies that the Government of Saudi Arabia--
            (1) demonstrates an ongoing effort to combat the mutual 
        threat our nations face from designated foreign terrorist 
        organizations; and
            (2) takes all feasible precautions to reduce the risk of 
        harm to civilians and civilian objects, in compliance with 
        international humanitarian law, in the course of military 
        actions it pursues for the purpose of legitimate self-defense 
        as described in section 4 of the Arms Export Control Act (22 
        U.S.C. 2754).

SEC. 2. DEFINITIONS.

    In this resolution:
            (1) Air-to-ground munitions.--The term ``air-to-ground'' 
        munitions means any United States bomb or missile designed as a 
        Category IV item 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)).
            (2) Appropriate congressional committees.--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.
            (3) Authorized sale.--The term ``authorized sale'' means 
        any sale of United States defense articles or services 
        authorized pursuant to the Arms Export Control Act (22 U.S.C. 
        2751 et seq.).
            (4) Designated foreign terrorist organizations.--The term 
        ``designated foreign terrorist organizations'' means groups 
        designated by the United States as foreign terrorist 
        organizations pursuant to section 219 of the Immigration and 
        Nationality Act (8 U.S.C. 1189) or Specially Designated Global 
        Terrorists pursuant to Executive Order 13224 (50 U.S.C. 1701 
        note).
            (5) Proposed sale.--The term ``proposed sale'' means any 
        sale notified to Congress pursuant to subsection (b) or (c) of 
        section 36 of the Arms Export Control Act (22 U.S.C. 2776).

SEC. 3. CONDITIONS OF TRANSFER.

    (a) Limitation.--No transfer to Saudi Arabia of United States air-
to-ground munitions may occur until the President makes the 
certification described under section 4.
    (b) Certification at Time of Congressional Notification.--Any 
notification to Congress made on or after the date of the enactment of 
this resolution with respect to a proposed sale to Saudi Arabia of air-
to-ground munitions shall be accompanied by the certification described 
under section 4.

SEC. 4. CONDITIONS REQUIRED PRIOR TO SALE.

    The certification described under this section is a certification 
by the President to the appropriate congressional committees as 
follows:
            (1) The Government of Saudi Arabia is not providing 
        funding, material support, or lethal aid to individuals or 
        groups designated by the United States as foreign terrorist 
        organizations pursuant to section 219 of the Immigration and 
        Nationality Act (8 U.S.C. 118a), or Specially Designated Global 
        Terrorists pursuant to Executive Order 13224 (22 U.S.C. 1701 
        note).
            (2) The Government of Saudi Arabia and its coalition 
        partners are taking all feasible precautions to reduce the risk 
        of harm to civilians and civilian objects to comply with their 
        obligations under international humanitarian law, which 
        includes minimizing harm to civilians, discriminating between 
        civilian objects and military objectives, and exercising 
        proportional use of force in the course of military actions it 
        pursues for the purpose of legitimate self-defense as described 
        in section 4 of the Arms Export Control Act (22 U.S.C. 2754).
            (3) The Government of Saudi Arabia and its coalition 
        partners are making demonstrable efforts to facilitate the flow 
        of critical humanitarian aid and commercial goods, including 
        commercial fuel and commodities not subject to sanction or 
        prohibition under United Nations Security Council Resolution 
        2216 (2015).
            (4) The Government of Saudi Arabia is taking all necessary 
        measures to target designated foreign terrorist organizations, 
        including al Qaeda in the Arabian Peninsula and affiliates of 
        the Islamic State of Iraq and the Levant as part of its 
        military operations in Yemen.

SEC. 5. REPORTING REQUIREMENTS.

    (a) Reporting Requirements.--Prior to any transfer of United States 
air-to-ground munitions to Saudi Arabia pursuant to an authorized sale 
to Saudi Arabia of air-to-ground munitions or the notification to 
Congress of a proposed sale to Saudi Arabia of air-to-ground munitions, 
the President or the President's designee shall provide a briefing to 
the appropriate congressional committees. The briefing shall include--
            (1) a description of the nature, content, costs, and 
        purposes of any United States support for the Government of 
        Saudi Arabia's coalition military operations in Yemen on or 
        after March 26, 2015;
            (2) an assessment of whether the Government of Saudi 
        Arabia's military operations in Yemen on or after March 26, 
        2015, constitute legitimate self-defense;
            (3) an assessment of whether the Government of Saudi 
        Arabia's coalition operations have deliberately targeted 
        civilian infrastructure in Yemen on or after March 26, 2015, 
        and whether the armed forces of the Government of Saudi Arabia 
        and its coalition partners have taken all possible steps to 
        comply with the rules of distinction, proportionality, and 
        precautions, as regulated by Additional Protocol I to the 
        Geneva Conventions of 12 August 1949, and Relating to the 
        Protection of Victims of International Armed Conflicts, done at 
        Geneva June 8, 1977;
            (4) an assessment of whether the armed forces of Saudi 
        Arabia have used United States-origin munitions in any attacks 
        against civilians or civilian infrastructure in Yemen on or 
        after March 26, 2015, and how that affects the United States 
        credibility in the region;
            (5) an assessment of the effect of Saudi Arabia's military 
        operations in Yemen on its ability to contribute to United 
        States efforts to defeat al Qaeda in the Arabian Peninsula and 
        the Islamic State of Iraq and the Levant; and
            (6) an assessment on how the transfer of major defense 
        equipment to Saudi Arabia contributes to United States foreign 
        policy and national security objectives in the region.
    (b) Form of Briefing.--The briefing required under subsection (a) 
shall be conducted in an unclassified forum but may be conducted in a 
classified setting as required.

SEC. 6. SUNSET.

    This resolution shall cease to have effect three years after the 
date of the enactment of this resolution, unless renewed.
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