Us Congress 2023 2023-2024 Regular Session

Us Congress House Bill HB8369 Engrossed / Bill

Filed 05/17/2024

                    118THCONGRESS 
2
DSESSION H. R. 8369 
AN ACT 
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 2 
•HR 8369 EH
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Israel Security Assist-2
ance Support Act’’. 3
SEC. 2. FINDINGS. 4
Congress finds the following: 5
(1) On October 7, 2023, Hamas terrorists 6
launched a massive, unprovoked war on Israel, kill-7
ing over 1,200 innocent people and taking over 240 8
hostages, including American citizens. 9
(2) Since October 7, Israel has faced attacks by 10
Iran and its proxies including Hezbollah, Hamas, 11
and the Houthis, which have required significant 12
military responses. 13
(3) Under the terms of a 2016 Memorandum of 14
Understanding, the United States provides Israel 15
with $3.8 billion per year in security assistance and 16
missile defense funding from fiscal years 2019 17
through 2028, which is subject to the approval of 18
Congress. 19
(4) Thus far in fiscal year 2024, Congress has 20
enacted regular and supplemental legislation appro-21
priating $12.5 billion in security assistance and mis-22
sile defense for Israel without any additional condi-23
tions. 24
(5) Congress plays a vital role in oversight and 25
approval of direct commercial sales and foreign mili-26 3 
•HR 8369 EH
tary sales to security partners around the world, in-1
cluding Israel. 2
(6) In May 2024, it was reported that Presi-3
dent Biden ordered a pause on certain defense arti-4
cles ready for imminent delivery to Israel, without 5
having consulted with Congress. 6
(7) On May 8, 2024, President Biden stated re-7
garding Israel, ‘‘We’re not going to supply the weap-8
ons and artillery shells’’. 9
SEC. 3. SENSE OF CONGRESS. 10
Congress— 11
(1) condemns the Biden Administration’s deci-12
sion to pause certain arms transfers to Israel as 13
Israel faces unprecedented threats from Iran and its 14
proxies, including Hezbollah, Hamas, and the 15
Houthis; 16
(2) calls on the Biden Administration to allow 17
all previously approved arms transfers to Israel to 18
proceed quickly to ensure that Israel can defend 19
itself and defeat threats from Iran and its proxies, 20
including Hezbollah, Hamas, and the Houthis; 21
(3) calls on the Biden Administration to utilize 22
all congressionally appropriated funds for security 23
assistance for Israel as Congress intended; 24 4 
•HR 8369 EH
(4) stands with Israel as it defends itself 1
against the barbaric war launched by Hamas and 2
other terrorists; and 3
(5) reaffirms Israel’s right to self-defense. 4
SEC. 4. PROHIBITION. 5
None of the funds appropriated or otherwise made 6
available under any Act appropriating funds for the De-7
partment of Defense or the Department of State for fiscal 8
year 2024 or any prior years may be made available— 9
(1) to withhold, halt, reverse, or cancel the de-10
livery of defense articles or defense services from the 11
United States to Israel; or 12
(2) to pay the salary or expenses of any officer 13
or employee of the Department of Defense or the 14
Department of State who takes any action to sup-15
port or further the withholding, halting, reversal, or 16
cancellation of the delivery of such defense articles 17
or services. 18
SEC. 5. PROMPT DELIVERY. 19
(a) P
ROMPTDELIVERY OFDEFENSEARTICLES AND 20
S
ERVICES.—The Secretary of Defense, in coordination 21
with the Secretary of State, shall ensure prompt delivery 22
of all defense articles and services for Israel which are ex-23
pected to be delivered in fiscal years 2024 and 2025, in-24
cluding— 25 5 
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(1) those contracted through the Foreign Mili-1
tary Sales system; 2
(2) those supported by prior Acts making ap-3
propriations for the Department of Defense; and 4
(3) those provided pursuant to a declaration in 5
section 506(a) of the Foreign Assistance Act of 6
1961. 7
(b) P
ROMPTDELIVERY OFDIRECTCOMMERCIAL 8
S
ALES.—The Secretary of State shall ensure prompt ap-9
proval and delivery of all direct commercial sales of de-10
fense articles and services for Israel which are expected 11
to be delivered in fiscal years 2024 and 2025, including 12
those for the Ministry of Public Security. 13
(c) P
ROMPTDELIVERY OFWITHHELDITEMS.—Any 14
defense article and defense service described in subsection 15
(a) or (b) of this section that were withheld from delivery 16
as of the date of the enactment of this Act shall be deliv-17
ered to Israel not later than 15 days after the date of 18
the enactment of this Act. 19
SEC. 6. WITHHOLDING OF FUNDS. 20
(a) W
ITHHOLDING OF DEPARTMENT OF DEFENSE 21
F
UNDS.—None of the unobligated balances of funds made 22
available by prior Acts making appropriations for the De-23
partment of Defense under the heading ‘‘Operation and 24
Maintenance, Defense-Wide’’ for the immediate Office of 25 6 
•HR 8369 EH
the Secretary of Defense that are available as of the date 1
of the enactment of this Act may be obligated or expended 2
until the Secretary of Defense certifies and reports to the 3
Committee on Appropriations of the House of Representa-4
tives and the Senate that the requirements of section 5(c) 5
have been met. 6
(b) W
ITHHOLDING OF DEPARTMENT OF STATE 7
F
UNDS.—None of the unobligated balances of funds made 8
available by prior Acts making appropriations for the De-9
partment of State, Foreign Operations, and Related Pro-10
grams under the heading ‘‘Diplomatic Programs’’ for the 11
Office of the Secretary that are available as of the date 12
of the enactment of this Act may be obligated or expended 13
until the Secretary of State certifies and reports to the 14
Committee on Appropriations of the House of Representa-15
tives and the Senate that the requirements of section 5(c) 16
have been met. 17
(c) W
ITHHOLDING OF FINANCIALSERVICES AND 18
G
ENERALGOVERNMENT FUNDS.—None of the unobli-19
gated balances of funds made available by prior Acts mak-20
ing appropriations for Financial Services and General 21
Government under the heading ‘‘Executive Office of the 22
President and Funds Appropriated To the President—Na-23
tional Security Council and Homeland Security Council’’ 24
that are available as of the date of the enactment of this 25 7 
•HR 8369 EH
Act may be obligated or expended until the President cer-1
tifies and reports to the Committee on Appropriations of 2
the House of Representatives and the Senate that the re-3
quirements of section 5(c) have been met. 4
SEC. 7. OBLIGATION REQUIREMENT. 5
Notwithstanding any other provision of law, the Sec-6
retary of Defense and the Secretary of State shall obligate 7
any remaining unobligated balances of funds appropriated 8
or otherwise made available for assistance for Israel not 9
later than 30 days after the date of the enactment of this 10
Act. 11
SEC. 8. REPORTS. 12
(a) I
NSPECTORGENERALREPORT.—Not later than 13
90 days after the date of the enactment of this Act, the 14
Inspectors General of the Department of Defense and the 15
Department of State shall jointly submit to Congress a 16
report on any actions taken by executive branch officials 17
before the date of the enactment of this Act to withhold, 18
halt, reverse, or cancel the delivery of defense articles and 19
defense services to Israel. 20
(b) M
ONTHLYSECURITYASSISTANCEREPORT.—Not 21
later than 30 days after the date of enactment of this Act, 22
and every 30 days thereafter through fiscal year 2025, the 23
Secretary of Defense, in coordination with the Secretary 24
of State, shall provide a written report to the Committees 25 8 
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on Appropriations, Armed Services, and Foreign Affairs 1
of the House of Representatives and the Committees on 2
Appropriations, Armed Services, and Foreign Relations of 3
the Senate describing United States security assistance 4
provided to Israel since October 7, 2023, including a com-5
prehensive list of the defense articles and services provided 6
to Israel and the associated authority and funding used 7
to provide such articles and services: Provided, That such 8
report shall be submitted in unclassified form, but may 9
be accompanied by a classified annex. 10
(c) R
EPORT ONPRIORITYDEFENSEARTICLES AND 11
S
ERVICES.—Not later than 30 days after the date of en-12
actment of this Act, the Secretary of Defense, in coordina-13
tion with the Secretary of State, shall provide a written 14
report to the Committees on Appropriations, Armed Serv-15
ices, and Foreign Affairs of the House of Representatives 16
and the Committees on Appropriations, Armed Services, 17
and Foreign Relations of the Senate describing urgent and 18
high priority defense articles and defense services for 19 9 
•HR 8369 EH
Israel and steps taken or planned to expedite the delivery 1
of such articles and services. 2
Passed the House of Representatives May 16, 2024. 
Attest: 
Clerk.  118
TH
CONGRESS 
2
D
S
ESSION
 
H. R. 8369 
AN ACT 
To provide for the expeditious delivery of defense 
articles and defense services for Israel and other 
matters.