I 118THCONGRESS 2 DSESSION H. R. 8369 To provide for the expeditious delivery of defense articles and defense services for Israel and other matters. IN THE HOUSE OF REPRESENTATIVES MAY14, 2024 Mr. C ALVERT(for himself, Mr. COLE, Mr. DIAZ-BALART, Mr. JOYCEof Ohio, Mr. M CCAUL, Mrs. HOUCHIN, Mr. YAKYM, Mr. MCCLINTOCK, Ms. T ENNEY, Mr. WEBERof Texas, Mr. ADERHOLT, Mr. LAWLER, Mr. M OOLENAAR, Mr. ELLZEY, Mr. FLEISCHMANN, Mr. RESCHENTHALER, Mrs. M ILLERof West Virginia, Mrs. MILLER-MEEKS, Mrs. KIGGANSof Virginia, Mr. W ITTMAN, Mr. ZINKE, Mr. VALADAO, Mr. CARTERof Texas, Mr. W OMACK, Mr. PFLUGER, Mr. LAMBORN, Mr. ARMSTRONG, Mr. F ITZPATRICK, Mr. OWENS, Mr. TONYGONZALESof Texas, Mr. VAN D REW, Mrs. WAGNER, Mr. BURCHETT, Mrs. HINSON, Mr. LANGWORTHY, Mr. B UCHANAN, Mr. FULCHER, Ms. STEFANIK, Ms. HAGEMAN, Mr. B ARR, Mr. GUEST, Mr. GRAVESof Missouri, Mr. MIKEGARCIAof Cali- fornia, Mr. K EANof New Jersey, Ms. FOXX, Mr. BILIRAKIS, Mr. G ARBARINO, Mr. MORAN, Mr. GIMENEZ, Mr. ROSE, Mr. LALOTA, Mr. K ELLYof Mississippi, Mr. SESSIONS, Mr. MANN, Mr. SIMPSON, Mr. N EWHOUSE, Mr. SMITHof New Jersey, Mr. BERGMAN, Mr. LAMALFA, Mr. C ARTERof Georgia, Mr. DUNNof Florida, Ms. GRANGER, Mrs. B ICE, Mr. STAUBER, Mr. MAST, Mr. HUNT, Mr. LUCAS, Mr. MEUSER, Mr. B OST, Mr. WILLIAMSof New York, Mr. GUTHRIE, Mr. MCHENRY, Ms. L ETLOW, Mr. AUSTINSCOTTof Georgia, Mr. BACON, Mr. GRAVES of Louisiana, Mr. K USTOFF, Mr. FRY, Mr. JAMES, Mr. SMITHof Ne- braska, Mr. G OODENof Texas, Mr. LATURNER, Mr. GROTHMAN, Mr. B URGESS, Mr. JACKSONof Texas, Mr. HILL, Mr. WALTZ, Mr. JOHNSON of South Dakota, Mr. A MODEI, Mr. CISCOMANI, Mr. WILLIAMSof Texas, Ms. V ANDUYNE, Mr. ROGERSof Kentucky, Mr. EDWARDS, Mr. KELLY of Pennsylvania, Mr. A LLEN, Mr. JOYCEof Pennsylvania, Mr. ROUZER, Mr. B ALDERSON, Mr. BABIN, Mr. NUNNof Iowa, Mr. GREENof Ten- nessee, Mr. S CALISE, Mr. MILLS, Mr. DUARTE, Mr. FINSTAD, Mr. W ALBERG, Mr. KILEY, Mr. SMITHof Missouri, Mrs. CHAVEZ-DEREMER, Mr. F EENSTRA, Mr. LATTA, Mr. STEUBE, Mr. RUTHERFORD, Mr. D’E SPOSITO, Mr. SCOTTFRANKLINof Florida, Mr. BANKS, and Ms. M ALLIOTAKIS) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, and Intelligence (Permanent Select), for a period to be VerDate Sep 11 2014 01:58 May 15, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H8369.IH H8369 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 8369 IH subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee con- cerned A BILL To provide for the expeditious delivery of defense articles and defense services for Israel and other matters. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Israel Security Assist-4 ance Support Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) On October 7, 2023, Hamas terrorists 8 launched a massive, unprovoked war on Israel, kill-9 ing over 1,200 innocent people and taking over 240 10 hostages, including American citizens. 11 (2) Since October 7, Israel has faced attacks by 12 Iran and its proxies including Hezbollah, Hamas, 13 and the Houthis, which have required significant 14 military responses. 15 (3) Under the terms of a 2016 Memorandum of 16 Understanding, the United States provides Israel 17 with $3.8 billion per year in security assistance and 18 missile defense funding from fiscal years 2019 19 VerDate Sep 11 2014 01:58 May 15, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8369.IH H8369 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 8369 IH through 2028, which is subject to the approval of 1 Congress. 2 (4) Thus far in fiscal year 2024, Congress has 3 enacted regular and supplemental legislation appro-4 priating $12.5 billion in security assistance and mis-5 sile defense for Israel without any additional condi-6 tions. 7 (5) Congress plays a vital role in oversight and 8 approval of direct commercial sales and foreign mili-9 tary sales to security partners around the world, in-10 cluding Israel. 11 (6) In May 2024, it was reported that Presi-12 dent Biden ordered a pause on certain defense arti-13 cles ready for imminent delivery to Israel, without 14 having consulted with Congress. 15 (7) On May 8, 2024, President Biden stated re-16 garding Israel, ‘‘We’re not going to supply the weap-17 ons and artillery shells’’. 18 SEC. 3. SENSE OF CONGRESS. 19 Congress— 20 (1) condemns the Biden Administration’s deci-21 sion to pause certain arms transfers to Israel as 22 Israel faces unprecedented threats from Iran and its 23 proxies, including Hezbollah, Hamas, and the 24 Houthis; 25 VerDate Sep 11 2014 01:58 May 15, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8369.IH H8369 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 8369 IH (2) calls on the Biden Administration to allow 1 all previously approved arms transfers to Israel to 2 proceed quickly to ensure that Israel can defend 3 itself and defeat threats from Iran and its proxies, 4 including Hezbollah, Hamas, and the Houthis; 5 (3) calls on the Biden Administration to utilize 6 all congressionally appropriated funds for security 7 assistance for Israel as Congress intended; 8 (4) stands with Israel as it defends itself 9 against the barbaric war launched by Hamas and 10 other terrorists; and 11 (5) reaffirms Israel’s right to self-defense. 12 SEC. 4. PROHIBITION. 13 None of the funds appropriated or otherwise made 14 available under any Act appropriating funds for the De-15 partment of Defense or the Department of State for fiscal 16 year 2024 or any prior years may be made available— 17 (1) to withhold, halt, reverse, or cancel the de-18 livery of defense articles or defense services from the 19 United States to Israel; or 20 (2) to pay the salary or expenses of any officer 21 or employee of the Department of Defense or the 22 Department of State who takes any action to sup-23 port or further the withholding, halting, reversal, or 24 VerDate Sep 11 2014 01:58 May 15, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8369.IH H8369 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 8369 IH cancellation of the delivery of such defense articles 1 or services. 2 SEC. 5. PROMPT DELIVERY. 3 (a) P ROMPTDELIVERY OFDEFENSEARTICLES AND 4 S ERVICES.—The Secretary of Defense, in coordination 5 with the Secretary of State, shall ensure prompt delivery 6 of all defense articles and services for Israel which are ex-7 pected to be delivered in fiscal years 2024 and 2025, in-8 cluding— 9 (1) those contracted through the Foreign Mili-10 tary Sales system; 11 (2) those supported by prior Acts making ap-12 propriations for the Department of Defense; and 13 (3) those provided pursuant to a declaration in 14 section 506(a) of the Foreign Assistance Act of 15 1961. 16 (b) P ROMPTDELIVERY OFDIRECTCOMMERCIAL 17 S ALES.—The Secretary of State shall ensure prompt ap-18 proval and delivery of all direct commercial sales of de-19 fense articles and services for Israel which are expected 20 to be delivered in fiscal years 2024 and 2025, including 21 those for the Ministry of Public Security. 22 (c) P ROMPTDELIVERY OFWITHHELDITEMS.—Any 23 defense article and defense service described in subsection 24 (a) or (b) of this section that were withheld from delivery 25 VerDate Sep 11 2014 01:58 May 15, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8369.IH H8369 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 8369 IH as of the date of the enactment of this Act shall be deliv-1 ered to Israel not later than 15 days after the date of 2 the enactment of this Act. 3 SEC. 6. WITHHOLDING OF FUNDS. 4 (a) W ITHHOLDING OF DEPARTMENT OF DEFENSE 5 F UNDS.—None of the unobligated balances of funds made 6 available by prior Acts making appropriations for the De-7 partment of Defense under the heading ‘‘Operation and 8 Maintenance, Defense-Wide’’ for the immediate Office of 9 the Secretary of Defense that are available as of the date 10 of the enactment of this Act may be obligated or expended 11 until the Secretary of Defense certifies and reports to the 12 Committee on Appropriations of the House of Representa-13 tives and the Senate that the requirements of section 5(c) 14 have been met. 15 (b) W ITHHOLDING OF DEPARTMENT OF STATE 16 F UNDS.—None of the unobligated balances of funds made 17 available by prior Acts making appropriations for the De-18 partment of State, Foreign Operations, and Related Pro-19 grams under the heading ‘‘Diplomatic Programs’’ for the 20 Office of the Secretary that are available as of the date 21 of the enactment of this Act may be obligated or expended 22 until the Secretary of State certifies and reports to the 23 Committee on Appropriations of the House of Representa-24 VerDate Sep 11 2014 01:58 May 15, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8369.IH H8369 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 8369 IH tives and the Senate that the requirements of section 5(c) 1 have been met. 2 (c) W ITHHOLDING OF FINANCIALSERVICES AND 3 G ENERALGOVERNMENT FUNDS.—None of the unobli-4 gated balances of funds made available by prior Acts mak-5 ing appropriations for Financial Services and General 6 Government under the heading ‘‘Executive Office of the 7 President and Funds Appropriated To the President—Na-8 tional Security Council and Homeland Security Council’’ 9 that are available as of the date of the enactment of this 10 Act may be obligated or expended until the President cer-11 tifies and reports to the Committee on Appropriations of 12 the House of Representatives and the Senate that the re-13 quirements of section 5(c) have been met. 14 SEC. 7. OBLIGATION REQUIREMENT. 15 Notwithstanding any other provision of law, the Sec-16 retary of Defense and the Secretary of State shall obligate 17 any remaining unobligated balances of funds appropriated 18 or otherwise made available for assistance for Israel not 19 later than 30 days after the date of the enactment of this 20 Act. 21 SEC. 8. REPORTS. 22 (a) I NSPECTORGENERALREPORT.—Not later than 23 90 days after the date of the enactment of this Act, the 24 Inspectors General of the Department of Defense and the 25 VerDate Sep 11 2014 01:58 May 15, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8369.IH H8369 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •HR 8369 IH Department of State shall jointly submit to Congress a 1 report on any actions taken by executive branch officials 2 before the date of the enactment of this Act to withhold, 3 halt, reverse, or cancel the delivery of defense articles and 4 defense services to Israel. 5 (b) M ONTHLYSECURITYASSISTANCEREPORT.—Not 6 later than 30 days after the date of enactment of this Act, 7 and every 30 days thereafter through fiscal year 2025, the 8 Secretary of Defense, in coordination with the Secretary 9 of State, shall provide a written report to the Committees 10 on Appropriations, Armed Services, and Foreign Affairs 11 of the House of Representatives and the Committees on 12 Appropriations, Armed Services, and Foreign Relations of 13 the Senate describing United States security assistance 14 provided to Israel since October 7, 2023, including a com-15 prehensive list of the defense articles and services provided 16 to Israel and the associated authority and funding used 17 to provide such articles and services: Provided, That such 18 report shall be submitted in unclassified form, but may 19 be accompanied by a classified annex. 20 (c) R EPORT ONPRIORITYDEFENSEARTICLES AND 21 S ERVICES.—Not later than 30 days after the date of en-22 actment of this Act, the Secretary of Defense, in coordina-23 tion with the Secretary of State, shall provide a written 24 report to the Committees on Appropriations, Armed Serv-25 VerDate Sep 11 2014 01:58 May 15, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8369.IH H8369 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •HR 8369 IH ices, and Foreign Affairs of the House of Representatives 1 and the Committees on Appropriations, Armed Services, 2 and Foreign Relations of the Senate describing urgent and 3 high priority defense articles and defense services for 4 Israel and steps taken or planned to expedite the delivery 5 of such articles and services. 6 Æ VerDate Sep 11 2014 01:58 May 15, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H8369.IH H8369 kjohnson on DSK7ZCZBW3PROD with $$_JOB