IIA 

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; 


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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; 


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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-toground 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 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. SENSE OF CONGRESS. 

4 It is the sense of Congress that no transfer to Saudi 

5 Arabia of United States air-to-ground munitions should 

6 occur until the President certifies that the Government of 

7 Saudi Arabia— 

8 (1) demonstrates an ongoing effort to combat 

9 the mutual threat our nations face from designated 

10 foreign terrorist organizations; and 

11 (2) takes all feasible precautions to reduce the 

12 risk of harm to civilians and civilian objects, in com13 pliance with international humanitarian law, in the 

14 course of military actions it pursues for the purpose 


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1 of legitimate self-defense as described in section 4 of 

2 the Arms Export Control Act (22 U.S.C. 2754). 

3 SEC. 2. 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 

22 organizations’’ means groups designated by the 

23 United States as foreign terrorist organizations pur24 suant to section 219 of the Immigration and Nation25 ality Act (8 U.S.C. 1189) or Specially Designated 


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1 Global Terrorists pursuant to Executive Order 

2 13224 (50 U.S.C. 1701 note). 

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

4 sale’’ means any sale notified to Congress pursuant 

5 to subsection (b) or (c) of section 36 of the Arms 

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

7 SEC. 3. CONDITIONS OF TRANSFER. 

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

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

10 President makes the certification described under section 

11 4. 

12 (b) CERTIFICATION AT TIME OF CONGRESSIONAL

13 NOTIFICATION.—Any notification to Congress made on or 

14 after the date of the enactment of this resolution with re15 spect to a proposed sale to Saudi Arabia of air-to-ground 

16 munitions shall be accompanied by the certification de17 scribed under section 4. 

18 SEC. 4. CONDITIONS REQUIRED PRIOR TO SALE. 

19 The certification described under this section is a cer20 tification by the President to the appropriate congres21 sional committees as follows: 

22 (1) The Government of Saudi Arabia is not pro23 viding funding, material support, or lethal aid to in24 dividuals or groups designated by the United States 

25 as foreign terrorist organizations pursuant to section 


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1 219 of the Immigration and Nationality Act (8 

2 U.S.C. 118a), or Specially Designated Global Ter3 rorists pursuant to Executive Order 13224 (22 

4 U.S.C. 1701 note). 

5 (2) The Government of Saudi Arabia and its 

6 coalition partners are taking all feasible precautions 

7 to reduce the risk of harm to civilians and civilian 

8 objects to comply with their obligations under inter9 national humanitarian law, which includes mini10 mizing harm to civilians, discriminating between ci11 vilian objects and military objectives, and exercising 

12 proportional use of force in the course of military ac13 tions it pursues for the purpose of legitimate self-de14 fense as described in section 4 of the Arms Export 

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

16 (3) The Government of Saudi Arabia and its 

17 coalition partners are making demonstrable efforts 

18 to facilitate the flow of critical humanitarian aid and 

19 commercial goods, including commercial fuel and 

20 commodities not subject to sanction or prohibition 

21 under United Nations Security Council Resolution 

22 2216 (2015). 

23 (4) The Government of Saudi Arabia is taking 

24 all necessary measures to target designated foreign 

25 terrorist organizations, including al Qaeda in the 


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1 Arabian Peninsula and affiliates of the Islamic State 

2 of Iraq and the Levant as part of its military oper3 ations in Yemen. 

4 SEC. 5. REPORTING REQUIREMENTS. 

5 (a) REPORTING REQUIREMENTS.—Prior to any 

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

7 Saudi Arabia pursuant to an authorized sale to Saudi Ara8 bia of air-to-ground munitions or the notification to Con9 gress of a proposed sale to Saudi Arabia of air-to-ground 

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

11 provide a briefing to the appropriate congressional com12 mittees. The briefing shall include— 

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

14 and purposes of any United States support for the 

15 Government of Saudi Arabia’s coalition military op16 erations in Yemen on or after March 26, 2015; 

17 (2) an assessment of whether the Government 

18 of Saudi Arabia’s military operations in Yemen on 

19 or after March 26, 2015, constitute legitimate self20 defense; 

21 (3) an assessment of whether the Government 

22 of Saudi Arabia’s coalition operations have delib23 erately targeted civilian infrastructure in Yemen on 

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

25 forces of the Government of Saudi Arabia and its coVerDate Sep 11 2014 00:53 Apr 14, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SJ32.IS SJ32

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1 alition partners have taken all possible steps to com2 ply with the rules of distinction, proportionality, and 

3 precautions, as regulated by Additional Protocol I to 

4 the Geneva Conventions of 12 August 1949, and Re5 lating to the Protection of Victims of International 

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

7 (4) an assessment of whether the armed forces 

8 of Saudi Arabia have used United States-origin mu9 nitions in any attacks against civilians or civilian in10 frastructure in Yemen on or after March 26, 2015, 

11 and how that affects the United States credibility in 

12 the region; 

13 (5) an assessment of the effect of Saudi Ara14 bia’s military operations in Yemen on its ability to 

15 contribute to United States efforts to defeat al 

16 Qaeda in the Arabian Peninsula and the Islamic 

17 State of Iraq and the Levant; and 

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

19 defense equipment to Saudi Arabia contributes to 

20 United States foreign policy and national security 

21 objectives in the region. 

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

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

24 forum but may be conducted in a classified setting as re25 quired. 


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1 SEC. 6. 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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