[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 58 Reported in Senate (RS)]

<DOC>
                                                       Calendar No. 428
115th CONGRESS
  2d Session
S. J. RES. 58

 To require certifications regarding actions by Saudi Arabia in Yemen, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2018

   Mr. Young (for himself, Mrs. Shaheen, Ms. Collins, and Mr. Coons) 
  introduced the following joint resolution; which was read twice and 
             referred to the Committee on Foreign Relations

                              May 22, 2018

               Reported by Mr. Corker, with an amendment
[Strike out all after the resolving clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                            JOINT RESOLUTION


 
 To require certifications regarding actions by Saudi Arabia in Yemen, 
                        and for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

<DELETED>SECTION 1. CERTIFICATIONS REGARDING ACTIONS BY SAUDI ARABIA IN 
              YEMEN.</DELETED>

<DELETED>    (a) Initial Certification.--Not later than 30 days after 
the date of the enactment of this Act, the Secretary of State shall 
submit to the appropriate committees of Congress a certification 
whether the Government of Saudi Arabia is undertaking--</DELETED>
        <DELETED>    (1) an urgent and good faith effort to conduct 
        diplomatic negotiations to end the civil war in 
        Yemen;</DELETED>
        <DELETED>    (2) appropriate measures to alleviate the 
        humanitarian crisis in Yemen by increasing access for Yemenis 
        to food, fuel, and medicine, including through Yemen's Red Sea 
        ports, the airport in Sana'a, and external border crossings 
        with Saudi Arabia; and</DELETED>
        <DELETED>    (3) demonstrable action to reduce the risk of harm 
        to civilians and civilian infrastructure resulting from its 
        military operations in Yemen, including by complying with 
        applicable agreements and laws regulating defense articles 
        purchased or transferred from the United States.</DELETED>
<DELETED>    (b) Subsequent Certifications.--Not later than 180 and 360 
days after the date of the enactment of this Act, the Secretary of 
State shall submit to the appropriate committees of Congress a 
certification whether the Government of Saudi Arabia is undertaking the 
efforts described in paragraphs (1), (2), and (3) of subsection 
(a).</DELETED>
<DELETED>    (c) Restriction.--If the Secretary of State is unable 
under subsections (a) and (b) to certify that the Government of Saudi 
Arabia is taking demonstrable action as described in subsection (a), no 
Federal funds may be obligated or expended to provide in-flight 
refueling, pursuant to any agreement authorized by section 2342 of 
title 10, United States Code, or other applicable statutory authority, 
of Saudi and Saudi-led coalition non-United States aircraft conducting 
missions in Yemen other than missions related to--</DELETED>
        <DELETED>    (1) al Qaeda, al Qaeda in the Arabian Peninsula 
        (AQAP), and the Islamic State in Iraq and Syria 
        (ISIS);</DELETED>
        <DELETED>    (2) countering the transport, assembly, or 
        employment of ballistic missiles or components in 
        Yemen;</DELETED>
        <DELETED>    (3) helping coalition aircraft return safely to 
        base in emergency situations; or</DELETED>
        <DELETED>    (4) force protection of United States aircraft, 
        ships, or personnel.</DELETED>
<DELETED>    (d) Rule of Construction.--Nothing in this joint 
resolution may be construed as authorizing the use of military 
force.</DELETED>
<DELETED>    (e) Form of Certifications.--The certifications required 
under subsections (a) and (b) shall be written, detailed, and submitted 
in unclassified form.</DELETED>
<DELETED>    (f) Strategy Required.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State, in 
coordination with the Secretary of Defense and the Administrator of the 
United States Agency for International Development, shall submit to the 
appropriate committees of Congress an unclassified report listing 
United States objectives in Yemen and detailing a strategy to 
accomplish those objectives. The report shall be unclassified but may 
include a classified annex.</DELETED>
<DELETED>    (g) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' means--
</DELETED>
        <DELETED>    (1) the Committee on Foreign Relations, the 
        Committee on Armed Services, and the Committee on 
        Appropriations of the Senate; and</DELETED>
        <DELETED>    (2) the Committee on Foreign Affairs, the 
        Committee on Armed Services, and the Committee on 
        Appropriations of the House of Representatives.</DELETED>

SECTION 1. CERTIFICATIONS REGARDING ACTIONS BY SAUDI ARABIA IN YEMEN.

    (a) Restriction.--
            (1) In general.--Subject to paragraph (2), if the Secretary 
        of State is unable under subsection (c) or (d) to certify that 
        the Government of Saudi Arabia is undertaking the effort, 
        measures, and actions described in paragraphs (1), (2), (3), 
        and (4) of subsection (c), no Federal funds may be obligated or 
        expended after the deadline for the applicable certification to 
        provide authorized in-flight refueling pursuant to section 2342 
        of title 10, United States Code, or other applicable statutory 
        authority, of Saudi or Saudi-led coalition non-United States 
        aircraft conducting missions in Yemen, other than missions 
        related to--
                    (A) al Qaeda, al Qaeda in the Arabian Peninsula 
                (AQAP), or the Islamic State in Iraq and Syria (ISIS);
                    (B) countering the transport, assembly, or 
                employment of ballistic missiles or components in 
                Yemen;
                    (C) helping coalition aircraft return safely to 
                base in emergency situations; or
                    (D) force protection of United States aircraft, 
                ships, or personnel.
            (2) Waiver.--The Secretary may waive the restriction in 
        paragraph (1) with respect to a particular certification if the 
        Secretary--
                    (A) certifies to the appropriate committees of 
                Congress that the waiver is in the national security 
                interests of the United States; and
                    (B) submits to the appropriate committees of 
                Congress a report, in written and unclassified form, 
                setting forth--
                            (i) the effort in subsection (c)(1), 
                        measures in subsection (c)(2), or actions in 
                        subsections (c)(3) or (c)(4), or combination 
                        thereof, about which the Secretary is unable to 
                        make the certification;
                            (ii) a detailed explanation why the 
                        Secretary is unable to make the certification 
                        about such effort, measures, or actions;
                            (iii) a description of the actions the 
                        Secretary is taking to encourage the Government 
                        of Saudi Arabia to undertake such effort, 
                        measures, or actions; and
                            (iv) a detailed justification for the 
                        waiver.
    (b) Reporting Requirement.--Not later than 30 days after the date 
of the enactment of this Act, the President or the President's designee 
shall provide a briefing to the appropriate committees of Congress 
including, at a minimum--
            (1) a description of Saudi Arabia and the United Arab 
        Emirates' military and political objectives in Yemen and 
        whether United States assistance to the Saudi-led coalition has 
        resulted in significant progress towards meeting those 
        objectives;
            (2) a description of efforts by the Government of Saudi 
        Arabia to avoid disproportionate harm to civilians and civilian 
        objects in Yemen, and an assessment of whether United States 
        assistance to the Saudi-led coalition has led to a demonstrable 
        decrease in civilians killed or injured by Saudi-led airstrikes 
        and damage to civilian infrastructure;
            (3) an assessment of the United Nations Verification and 
        Inspection Mechanism (UNVIM) in Yemen and an assessment of the 
        need for existing secondary inspection and clearance processes 
        and transshipment requirements on humanitarian and commercial 
        vessels that have been cleared by UNVIM;
            (4) a description of the sources of external support for 
        the Houthi forces, including financial assistance, weapons 
        transfers, operational planning, training, and advisory 
        assistance;
            (5) an assessment of the applicability of United States and 
        international sanctions to Houthi forces that have committed 
        grave human rights abuses, obstructed international aid, and 
        launched ballistic missiles into Saudi territory, and an 
        assessment of the applicability of United States and 
        international sanctions to individuals or entities providing 
        the Houthi forces with material support; and
            (6) an assessment of the effect of the Saudi-led 
        coalition's military operations in Yemen on the efforts of the 
        United States to defeat al Qaeda in the Arabian Peninsula and 
        the Islamic State of Iraq and the Levant.
    (c) Initial Certification.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary of State shall submit to 
the appropriate committees of Congress a certification indicating 
whether the Government of Saudi Arabia is undertaking--
            (1) an urgent and good faith effort to conduct diplomatic 
        negotiations to end the civil war in Yemen;
            (2) appropriate measures to alleviate the humanitarian 
        crisis in Yemen by increasing access for Yemenis to food, fuel, 
        medicine, and medical evacuation, including through the 
        appropriate use of Yemen's Red Sea ports, including the port of 
        Hudaydah, the airport in Sana'a, and external border crossings 
        with Saudi Arabia;
            (3) appropriate actions to reduce any unnecessary delays to 
        shipments associated with secondary inspection and clearance 
        processes other than the United Nations Verification and 
        Inspections Mechanism (UNVIM); and
            (4) demonstrable actions to reduce the risk of harm to 
        civilians and civilian infrastructure resulting from its 
        military operations in Yemen, including by--
                    (A) complying with applicable agreements and laws 
                regulating defense articles purchased or transferred 
                from the United States; and
                    (B) taking appropriate steps to avoid 
                disproportionate harm to civilians and civilian 
                infrastructure.
    (d) Subsequent Certifications.--Not later than 180 and 360 days 
after the date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate committees of Congress a certification 
indicating whether the Government of Saudi Arabia is undertaking the 
effort, measures, and actions described in paragraphs (1), (2), (3), 
and (4) of subsection (c).
    (e) Rule of Construction.--Nothing in this joint resolution may be 
construed as authorizing the use of military force.
    (f) Form of Certifications.--The certifications required under 
subsections (c) and (d) shall be written, detailed, and submitted in 
unclassified form.
    (g) Strategy Required.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of State, in coordination with 
the Secretary of Defense and the Administrator of the United States 
Agency for International Development, shall submit to the appropriate 
committees of Congress an unclassified report listing United States 
objectives in Yemen and detailing a strategy to accomplish those 
objectives. The report shall be unclassified but may include a 
classified annex.
    (h) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        House of Representatives.




                                                       Calendar No. 428

115th CONGRESS

  2d Session

                             S. J. RES. 58

_______________________________________________________________________

                            JOINT RESOLUTION

 To require certifications regarding actions by Saudi Arabia in Yemen, 
                        and for other purposes.

_______________________________________________________________________

                              May 22, 2018

                       Reported with an amendment