IIA 

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-toVerDate Sep 11 2014 23:12 Apr 06, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SJ40.IS SJ40

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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 


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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-toground 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 threatVerDate Sep 11 2014 23:12 Apr 06, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SJ40.IS SJ40

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en 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 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. DEFINITIONS. 

4 In this resolution: 

5 (1) AIR-TO-GROUND MUNITIONS.—The term 

6 ‘‘air-to-ground’’ munitions means any United States 

7 bomb or missile designed as a Category IV item on 

8 the United States Munitions List pursuant to sec9 tion 38 (a)(1) of the Arms Export Control Act (22 

10 U.S.C. 2778 (a)(1)). 

11 (2) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means the Committee on Foreign Rela14 tions, the Committee on Armed Services, and the Se15 lect Committee on Intelligence of the Senate. 

16 (3) AUTHORIZED SALE.—The term ‘‘authorized 

17 sale’’ means any sale of United States defense arti18 cles or services authorized pursuant to the Arms Ex19 port Control Act (22 U.S.C. 2751 et seq.). 

20 (4) DESIGNATED FOREIGN TERRORIST ORGANI21 ZATIONS.—The term ‘‘designated foreign terrorist 


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1 organizations’’ means groups designated by the 

2 United States as foreign terrorist organizations pur3 suant to section 219 of the Immigration and Nation4 ality Act (8 U.S.C. 1189) or Specially Designated 

5 Global Terrorists pursuant to Executive Order 

6 13224 (50 U.S.C. 1701 note). 

7 (5) PROPOSED SALE.—The term ‘‘proposed 

8 sale’’ means any sale notified to Congress pursuant 

9 to subsections (b) or (c) of section 36 of the Arms 

10 Export Control Act (22 U.S.C. 2776). 

11 SEC. 2. CONDITIONS OF TRANSFER. 

12 (a) LIMITATION.—No transfer to Saudi Arabia of 

13 United States air-to-ground munitions may occur until the 

14 President makes the certification described under section 

15 3. 

16 (b) CERTIFICATION AT TIME OF CONGRESSIONAL

17 NOTIFICATION.—Any notification to Congress made on or 

18 after the date of the enactment of this resolution with re19 spect to a proposed sale to Saudi Arabia of air-to-ground 

20 munitions shall be accompanied by the certification de21 scribed under section 3. 

22 SEC. 3. CONDITIONS REQUIRED PRIOR TO SALE. 

23 The certification described under this section is a cer24 tification by the President to the appropriate congres25 sional committees as follows: 


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1 (1) The Government of Saudi Arabia and its 

2 coalition partners are taking all feasible precautions 

3 to reduce the risk of harm to civilians and civilian 

4 objects to comply with their obligations under inter5 national humanitarian law, which includes mini6 mizing harm to civilians, discriminating between ci7 vilian objects and military objectives, and exercising 

8 proportional use of force in the course of military ac9 tions it pursues for the purpose of legitimate self-de10 fense as described in section 4 of the Arms Export 

11 Control Act (22 U.S.C. 2754). 

12 (2) The Government of Saudi Arabia and its 

13 coalition partners are making demonstrable efforts 

14 to facilitate the flow of critical humanitarian aid and 

15 commercial goods, including commercial fuel and 

16 commodities not subject to sanction or prohibition 

17 under United Nations Security Council Resolution 

18 2216 (2015). 

19 (3) The Government of Saudi Arabia is taking 

20 effective measures to target designated foreign ter21 rorist organizations, including al Qaeda in the Ara22 bian Peninsula and affiliates of the Islamic State of 

23 Iraq and the Levant as part of its military oper24 ations in Yemen. 


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1 SEC. 4. REPORTING REQUIREMENTS. 

2 (a) REPORTING REQUIREMENTS.—Prior to any 

3 transfer of United States air-to-ground munitions to 

4 Saudi Arabia pursuant to an authorized sale to Saudi Ara5 bia of air-to-ground munitions or the notification to Con6 gress of a proposed sale to Saudi Arabia of air-to-ground 

7 munitions, the President or the President’s designee shall 

8 provide a briefing to the appropriate congressional com9 mittees. The briefing shall include— 

10 (1) a description of the nature, content, costs, 

11 and purposes of any United States support for the 

12 Government of Saudi Arabia’s coalition military op13 erations in Yemen on or after March 26, 2015; 

14 (2) an assessment of whether the Government 

15 of Saudi Arabia’s military operations in Yemen on 

16 or after March 26, 2015, constitute legitimate self17 defense; 

18 (3) an assessment of whether the Government 

19 of Saudi Arabia’s coalition operations have delib20 erately targeted civilian infrastructure in Yemen on 

21 or after March 26, 2015, and whether the armed 

22 forces of the Government of Saudi Arabia and its co23 alition partners have taken all possible steps to com24 ply with the rules of distinction, proportionality, and 

25 precautions, as regulated by Additional Protocol I to 

26 the Geneva Conventions of 12 August 1949, and ReVerDate Sep 11 2014 23:12 Apr 06, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SJ40.IS SJ40

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1 lating to the Protection of Victims of International 

2 Armed Conflicts, done at Geneva June 8, 1977; 

3 (4) an assessment of whether the armed forces 

4 of Saudi Arabia have used United States-origin mu5 nitions in any attacks against civilians or civilian in6 frastructure in Yemen on or after March 26, 2015, 

7 and the effect of such attacks on the United States 

8 credibility in the region; 

9 (5) an assessment of the effect of Saudi Ara10 bia’s military operations in Yemen on its ability to 

11 contribute to United States efforts to defeat al 

12 Qaeda in the Arabian Peninsula and the Islamic 

13 State of Iraq and the Levant; and 

14 (6) an assessment on how the transfer of major 

15 defense equipment to Saudi Arabia contributes to 

16 United States foreign policy and national security 

17 objectives in the region. 

18 (b) FORM OF BRIEFING.—The briefing required 

19 under subsection (a) shall be conducted in an unclassified 

20 forum but may be conducted in a classified setting as re21 quired. 


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1 SEC. 5. SUNSET. 

2 This resolution shall cease to have effect three years 

3 after the date of the enactment of this resolution, unless 

4 renewed. 

Æ 


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