[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 32 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. J. RES. 32
To provide limitations on the transfer of certain United States
munitions from the United States to Saudi Arabia.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 2016
Mr. Murphy (for himself and Mr. Paul) 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 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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