[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 40 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
S. J. RES. 40

To provide limitations on the transfer of air-to-ground munitions from 
                   the United States to Saudi Arabia.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 4), 2017

    Mr. Murphy (for himself, Mr. Paul, Mr. Durbin, and Mr. Franken) 
  introduced the following joint resolution; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
To provide limitations on the transfer of air-to-ground 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 Coalition to Counter ISIL;
Whereas the United States Armed Forces provide dedicated personnel and assets to 
        the armed forces of Saudi Arabia to defend its territorial integrity and 
        support its ongoing military operations in Yemen, including over 1,778 
        air-to-air refueling sorties, and to assist with deliberate targeting to 
        reduce 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 Department of State has consistently called on all parties in the 
        conflict to accept the United Nations drafted roadmap as a basis for 
        negotiations to secure a comprehensive peace agreement that ends the 
        conflict and allows humanitarian assistance to reach all Yemenis;
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 Hudaydah, and domestic transit routes'';
Whereas the United Nations Panel of Experts reported on January 27, 2017, that 
        the military coalition led by the Government of Saudi Arabia in Yemen 
        ``did not comply with international humanitarian law in at least 10 
        airstrikes that targeted houses, markets, factories and a hospital'' and 
        that ``the Panel considers it almost certain that the coalition did not 
        meet international humanitarian law requirements of proportionality and 
        precautions in attack'';
Whereas the United Nations Panel of Experts reported on January 27, 2017, that 
        Houthi-Saleh forces ``routinely use torture and commit international 
        humanitarian law violations and human rights abuses'';
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 the Washington Post reported on February 23, 2017, that coalition 
        airstrikes near the port city of Hudaydah--the main entry point for 
        food, medicine and humanitarian aid into northern Yemen--have slowed the 
        delivery of supplies and exacerbated the misery;
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 $110,000,000,000, including a $1,290,000,000 sale of precision 
        guided air-to-ground munitions that was notified to Congress on November 
        13, 2015;
Whereas the United States Government has reduced over time its support to the 
        Saudi-led coalition, in part due to concern with civilian casualties 
        resulting from Saudi airstrikes; and
Whereas designated foreign terrorist organizations, including al-Qa'ida in the 
        Arabian Peninsula (AQAP) and the Islamic State of Iraq and the Levant 
        (ISIL), which threaten 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, and stand to gain more strength and popular support amid 
        a continuation of the conflict: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. 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 subsections (b) or (c) of 
        section 36 of the Arms Export Control Act (22 U.S.C. 2776).

SEC. 2. 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 3.
    (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 3.

SEC. 3. 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 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).
            (2) 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).
            (3) The Government of Saudi Arabia is taking effective 
        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. 4. 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 the effect of such attacks on 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. 5. 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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