Us Congress 2023-2024 Regular Session

Us Congress House Bill HB8369 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	II
2		-	Calendar No. 398
3	1		118THCONGRESS
4	2		2
5	3		DSESSION H. R. 8369
6		-	IN THE SENATE OF THE UNITED STATES
7		-	MAY20, 2024
8		-	Received; read the first time
9		-	M
10		-	AY21, 2024
11		-	Read the second time and placed on the calendar
12	4		AN ACT
13	5		To provide for the expeditious delivery of defense articles
14	6		and defense services for Israel and other matters.
15	7		Be it enacted by the Senate and House of Representa-1
16		-	tives of the United States of America in Congress assembled, 2
17		-	SECTION 1. SHORT TITLE. 3
18		-	This Act may be cited as the ‘‘Israel Security Assist-4
19		-	ance Support Act’’. 5
20		-	SEC. 2. FINDINGS. 6
21		-	Congress finds the following: 7
22		-	(1) On October 7, 2023, Hamas terrorists 8
23		-	launched a massive, unprovoked war on Israel, kill-9
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26		-	HR 8369 PCS
27		-	ing over 1,200 innocent people and taking over 240 1
28		-	hostages, including American citizens. 2
29		-	(2) Since October 7, Israel has faced attacks by 3
30		-	Iran and its proxies including Hezbollah, Hamas, 4
31		-	and the Houthis, which have required significant 5
32		-	military responses. 6
33		-	(3) Under the terms of a 2016 Memorandum of 7
34		-	Understanding, the United States provides Israel 8
35		-	with $3.8 billion per year in security assistance and 9
36		-	missile defense funding from fiscal years 2019 10
37		-	through 2028, which is subject to the approval of 11
38		-	Congress. 12
39		-	(4) Thus far in fiscal year 2024, Congress has 13
40		-	enacted regular and supplemental legislation appro-14
41		-	priating $12.5 billion in security assistance and mis-15
42		-	sile defense for Israel without any additional condi-16
43		-	tions. 17
44		-	(5) Congress plays a vital role in oversight and 18
45		-	approval of direct commercial sales and foreign mili-19
46		-	tary sales to security partners around the world, in-20
47		-	cluding Israel. 21
48		-	(6) In May 2024, it was reported that Presi-22
49		-	dent Biden ordered a pause on certain defense arti-23
50		-	cles ready for imminent delivery to Israel, without 24
51		-	having consulted with Congress. 25
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54		-	HR 8369 PCS
55		-	(7) On May 8, 2024, President Biden stated re-1
56		-	garding Israel, ‘‘We’re not going to supply the weap-2
57		-	ons and artillery shells’’. 3
58		-	SEC. 3. SENSE OF CONGRESS. 4
59		-	Congress— 5
60		-	(1) condemns the Biden Administration’s deci-6
61		-	sion to pause certain arms transfers to Israel as 7
62		-	Israel faces unprecedented threats from Iran and its 8
63		-	proxies, including Hezbollah, Hamas, and the 9
64		-	Houthis; 10
65		-	(2) calls on the Biden Administration to allow 11
66		-	all previously approved arms transfers to Israel to 12
67		-	proceed quickly to ensure that Israel can defend 13
68		-	itself and defeat threats from Iran and its proxies, 14
69		-	including Hezbollah, Hamas, and the Houthis; 15
70		-	(3) calls on the Biden Administration to utilize 16
71		-	all congressionally appropriated funds for security 17
72		-	assistance for Israel as Congress intended; 18
73		-	(4) stands with Israel as it defends itself 19
74		-	against the barbaric war launched by Hamas and 20
75		-	other terrorists; and 21
76		-	(5) reaffirms Israel’s right to self-defense. 22
77		-	SEC. 4. PROHIBITION. 23
78		-	None of the funds appropriated or otherwise made 24
79		-	available under any Act appropriating funds for the De-25
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82		-	HR 8369 PCS
83		-	partment of Defense or the Department of State for fiscal 1
84		-	year 2024 or any prior years may be made available— 2
85		-	(1) to withhold, halt, reverse, or cancel the de-3
86		-	livery of defense articles or defense services from the 4
87		-	United States to Israel; or 5
88		-	(2) to pay the salary or expenses of any officer 6
89		-	or employee of the Department of Defense or the 7
90		-	Department of State who takes any action to sup-8
91		-	port or further the withholding, halting, reversal, or 9
92		-	cancellation of the delivery of such defense articles 10
93		-	or services. 11
94		-	SEC. 5. PROMPT DELIVERY. 12
	8	+	tives of the United States of America in Congress assembled, 2 2
	9	+	•HR 8369 EH
	10	+	SECTION 1. SHORT TITLE. 1
	11	+	This Act may be cited as the ‘‘Israel Security Assist-2
	12	+	ance Support Act’’. 3
	13	+	SEC. 2. FINDINGS. 4
	14	+	Congress finds the following: 5
	15	+	(1) On October 7, 2023, Hamas terrorists 6
	16	+	launched a massive, unprovoked war on Israel, kill-7
	17	+	ing over 1,200 innocent people and taking over 240 8
	18	+	hostages, including American citizens. 9
	19	+	(2) Since October 7, Israel has faced attacks by 10
	20	+	Iran and its proxies including Hezbollah, Hamas, 11
	21	+	and the Houthis, which have required significant 12
	22	+	military responses. 13
	23	+	(3) Under the terms of a 2016 Memorandum of 14
	24	+	Understanding, the United States provides Israel 15
	25	+	with $3.8 billion per year in security assistance and 16
	26	+	missile defense funding from fiscal years 2019 17
	27	+	through 2028, which is subject to the approval of 18
	28	+	Congress. 19
	29	+	(4) Thus far in fiscal year 2024, Congress has 20
	30	+	enacted regular and supplemental legislation appro-21
	31	+	priating $12.5 billion in security assistance and mis-22
	32	+	sile defense for Israel without any additional condi-23
	33	+	tions. 24
	34	+	(5) Congress plays a vital role in oversight and 25
	35	+	approval of direct commercial sales and foreign mili-26 3
	36	+	•HR 8369 EH
	37	+	tary sales to security partners around the world, in-1
	38	+	cluding Israel. 2
	39	+	(6) In May 2024, it was reported that Presi-3
	40	+	dent Biden ordered a pause on certain defense arti-4
	41	+	cles ready for imminent delivery to Israel, without 5
	42	+	having consulted with Congress. 6
	43	+	(7) On May 8, 2024, President Biden stated re-7
	44	+	garding Israel, ‘‘We’re not going to supply the weap-8
	45	+	ons and artillery shells’’. 9
	46	+	SEC. 3. SENSE OF CONGRESS. 10
	47	+	Congress— 11
	48	+	(1) condemns the Biden Administration’s deci-12
	49	+	sion to pause certain arms transfers to Israel as 13
	50	+	Israel faces unprecedented threats from Iran and its 14
	51	+	proxies, including Hezbollah, Hamas, and the 15
	52	+	Houthis; 16
	53	+	(2) calls on the Biden Administration to allow 17
	54	+	all previously approved arms transfers to Israel to 18
	55	+	proceed quickly to ensure that Israel can defend 19
	56	+	itself and defeat threats from Iran and its proxies, 20
	57	+	including Hezbollah, Hamas, and the Houthis; 21
	58	+	(3) calls on the Biden Administration to utilize 22
	59	+	all congressionally appropriated funds for security 23
	60	+	assistance for Israel as Congress intended; 24 4
	61	+	•HR 8369 EH
	62	+	(4) stands with Israel as it defends itself 1
	63	+	against the barbaric war launched by Hamas and 2
	64	+	other terrorists; and 3
	65	+	(5) reaffirms Israel’s right to self-defense. 4
	66	+	SEC. 4. PROHIBITION. 5
	67	+	None of the funds appropriated or otherwise made 6
	68	+	available under any Act appropriating funds for the De-7
	69	+	partment of Defense or the Department of State for fiscal 8
	70	+	year 2024 or any prior years may be made available— 9
	71	+	(1) to withhold, halt, reverse, or cancel the de-10
	72	+	livery of defense articles or defense services from the 11
	73	+	United States to Israel; or 12
	74	+	(2) to pay the salary or expenses of any officer 13
	75	+	or employee of the Department of Defense or the 14
	76	+	Department of State who takes any action to sup-15
	77	+	port or further the withholding, halting, reversal, or 16
	78	+	cancellation of the delivery of such defense articles 17
	79	+	or services. 18
	80	+	SEC. 5. PROMPT DELIVERY. 19
95	81		(a) P
96		-	ROMPTDELIVERY OFDEFENSEARTICLES AND 13
	82	+	ROMPTDELIVERY OFDEFENSEARTICLES AND 20
97	83		S
98		-	ERVICES.—The Secretary of Defense, in coordination 14
99		-	with the Secretary of State, shall ensure prompt delivery 15
100		-	of all defense articles and services for Israel which are ex-16
101		-	pected to be delivered in fiscal years 2024 and 2025, in-17
102		-	cluding— 18
103		-	(1) those contracted through the Foreign Mili-19
104		-	tary Sales system; 20
105		-	(2) those supported by prior Acts making ap-21
106		-	propriations for the Department of Defense; and 22
107		-	(3) those provided pursuant to a declaration in 23
108		-	section 506(a) of the Foreign Assistance Act of 24
109		-	1961. 25
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113		-	(b) PROMPTDELIVERY OFDIRECTCOMMERCIAL 1
	84	+	ERVICES.—The Secretary of Defense, in coordination 21
	85	+	with the Secretary of State, shall ensure prompt delivery 22
	86	+	of all defense articles and services for Israel which are ex-23
	87	+	pected to be delivered in fiscal years 2024 and 2025, in-24
	88	+	cluding— 25 5
	89	+	•HR 8369 EH
	90	+	(1) those contracted through the Foreign Mili-1
	91	+	tary Sales system; 2
	92	+	(2) those supported by prior Acts making ap-3
	93	+	propriations for the Department of Defense; and 4
	94	+	(3) those provided pursuant to a declaration in 5
	95	+	section 506(a) of the Foreign Assistance Act of 6
	96	+	1961. 7
	97	+	(b) P
	98	+	ROMPTDELIVERY OFDIRECTCOMMERCIAL 8
114	99		S
115		-	ALES.—The Secretary of State shall ensure prompt ap-2
116		-	proval and delivery of all direct commercial sales of de-3
117		-	fense articles and services for Israel which are expected 4
118		-	to be delivered in fiscal years 2024 and 2025, including 5
119		-	those for the Ministry of Public Security. 6
	100	+	ALES.—The Secretary of State shall ensure prompt ap-9
	101	+	proval and delivery of all direct commercial sales of de-10
	102	+	fense articles and services for Israel which are expected 11
	103	+	to be delivered in fiscal years 2024 and 2025, including 12
	104	+	those for the Ministry of Public Security. 13
120	105		(c) P
121		-	ROMPTDELIVERY OFWITHHELDITEMS.—Any 7
122		-	defense article and defense service described in subsection 8
123		-	(a) or (b) of this section that were withheld from delivery 9
124		-	as of the date of the enactment of this Act shall be deliv-10
125		-	ered to Israel not later than 15 days after the date of 11
126		-	the enactment of this Act. 12
127		-	SEC. 6. WITHHOLDING OF FUNDS. 13
	106	+	ROMPTDELIVERY OFWITHHELDITEMS.—Any 14
	107	+	defense article and defense service described in subsection 15
	108	+	(a) or (b) of this section that were withheld from delivery 16
	109	+	as of the date of the enactment of this Act shall be deliv-17
	110	+	ered to Israel not later than 15 days after the date of 18
	111	+	the enactment of this Act. 19
	112	+	SEC. 6. WITHHOLDING OF FUNDS. 20
128	113		(a) W
129		-	ITHHOLDING OF DEPARTMENT OF DEFENSE 14
	114	+	ITHHOLDING OF DEPARTMENT OF DEFENSE 21
130	115		F
131		-	UNDS.—None of the unobligated balances of funds made 15
132		-	available by prior Acts making appropriations for the De-16
133		-	partment of Defense under the heading ‘‘Operation and 17
134		-	Maintenance, Defense-Wide’’ for the immediate Office of 18
135		-	the Secretary of Defense that are available as of the date 19
136		-	of the enactment of this Act may be obligated or expended 20
137		-	until the Secretary of Defense certifies and reports to the 21
138		-	Committee on Appropriations of the House of Representa-22
139		-	tives and the Senate that the requirements of section 5(c) 23
140		-	have been met. 24
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143		-	HR 8369 PCS
144		-	(b) WITHHOLDING OF DEPARTMENT OF STATE 1
	116	+	UNDS.—None of the unobligated balances of funds made 22
	117	+	available by prior Acts making appropriations for the De-23
	118	+	partment of Defense under the heading ‘‘Operation and 24
	119	+	Maintenance, Defense-Wide’’ for the immediate Office of 25 6
	120	+	•HR 8369 EH
	121	+	the Secretary of Defense that are available as of the date 1
	122	+	of the enactment of this Act may be obligated or expended 2
	123	+	until the Secretary of Defense certifies and reports to the 3
	124	+	Committee on Appropriations of the House of Representa-4
	125	+	tives and the Senate that the requirements of section 5(c) 5
	126	+	have been met. 6
	127	+	(b) W
	128	+	ITHHOLDING OF DEPARTMENT OF STATE 7
145	129		F
146		-	UNDS.—None of the unobligated balances of funds made 2
147		-	available by prior Acts making appropriations for the De-3
148		-	partment of State, Foreign Operations, and Related Pro-4
149		-	grams under the heading ‘‘Diplomatic Programs’’ for the 5
150		-	Office of the Secretary that are available as of the date 6
151		-	of the enactment of this Act may be obligated or expended 7
152		-	until the Secretary of State certifies and reports to the 8
153		-	Committee on Appropriations of the House of Representa-9
154		-	tives and the Senate that the requirements of section 5(c) 10
155		-	have been met. 11
	130	+	UNDS.—None of the unobligated balances of funds made 8
	131	+	available by prior Acts making appropriations for the De-9
	132	+	partment of State, Foreign Operations, and Related Pro-10
	133	+	grams under the heading ‘‘Diplomatic Programs’’ for the 11
	134	+	Office of the Secretary that are available as of the date 12
	135	+	of the enactment of this Act may be obligated or expended 13
	136	+	until the Secretary of State certifies and reports to the 14
	137	+	Committee on Appropriations of the House of Representa-15
	138	+	tives and the Senate that the requirements of section 5(c) 16
	139	+	have been met. 17
156	140		(c) W
157		-	ITHHOLDING OF FINANCIALSERVICES AND 12
	141	+	ITHHOLDING OF FINANCIALSERVICES AND 18
158	142		G
159		-	ENERALGOVERNMENT FUNDS.—None of the unobli-13
160		-	gated balances of funds made available by prior Acts mak-14
161		-	ing appropriations for Financial Services and General 15
162		-	Government under the heading ‘‘Executive Office of the 16
163		-	President and Funds Appropriated To the President—Na-17
164		-	tional Security Council and Homeland Security Council’’ 18
165		-	that are available as of the date of the enactment of this 19
166		-	Act may be obligated or expended until the President cer-20
167		-	tifies and reports to the Committee on Appropriations of 21
168		-	the House of Representatives and the Senate that the re-22
169		-	quirements of section 5(c) have been met. 23
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172		-	HR 8369 PCS
173		-	SEC. 7. OBLIGATION REQUIREMENT. 1
174		-	Notwithstanding any other provision of law, the Sec-2
175		-	retary of Defense and the Secretary of State shall obligate 3
176		-	any remaining unobligated balances of funds appropriated 4
177		-	or otherwise made available for assistance for Israel not 5
178		-	later than 30 days after the date of the enactment of this 6
179		-	Act. 7
180		-	SEC. 8. REPORTS. 8
	143	+	ENERALGOVERNMENT FUNDS.—None of the unobli-19
	144	+	gated balances of funds made available by prior Acts mak-20
	145	+	ing appropriations for Financial Services and General 21
	146	+	Government under the heading ‘‘Executive Office of the 22
	147	+	President and Funds Appropriated To the President—Na-23
	148	+	tional Security Council and Homeland Security Council’’ 24
	149	+	that are available as of the date of the enactment of this 25 7
	150	+	•HR 8369 EH
	151	+	Act may be obligated or expended until the President cer-1
	152	+	tifies and reports to the Committee on Appropriations of 2
	153	+	the House of Representatives and the Senate that the re-3
	154	+	quirements of section 5(c) have been met. 4
	155	+	SEC. 7. OBLIGATION REQUIREMENT. 5
	156	+	Notwithstanding any other provision of law, the Sec-6
	157	+	retary of Defense and the Secretary of State shall obligate 7
	158	+	any remaining unobligated balances of funds appropriated 8
	159	+	or otherwise made available for assistance for Israel not 9
	160	+	later than 30 days after the date of the enactment of this 10
	161	+	Act. 11
	162	+	SEC. 8. REPORTS. 12
181	163		(a) I
182		-	NSPECTORGENERALREPORT.—Not later than 9
183		-	90 days after the date of the enactment of this Act, the 10
184		-	Inspectors General of the Department of Defense and the 11
185		-	Department of State shall jointly submit to Congress a 12
186		-	report on any actions taken by executive branch officials 13
187		-	before the date of the enactment of this Act to withhold, 14
188		-	halt, reverse, or cancel the delivery of defense articles and 15
189		-	defense services to Israel. 16
	164	+	NSPECTORGENERALREPORT.—Not later than 13
	165	+	90 days after the date of the enactment of this Act, the 14
	166	+	Inspectors General of the Department of Defense and the 15
	167	+	Department of State shall jointly submit to Congress a 16
	168	+	report on any actions taken by executive branch officials 17
	169	+	before the date of the enactment of this Act to withhold, 18
	170	+	halt, reverse, or cancel the delivery of defense articles and 19
	171	+	defense services to Israel. 20
190	172		(b) M
191		-	ONTHLYSECURITYASSISTANCEREPORT.—Not 17
192		-	later than 30 days after the date of enactment of this Act, 18
193		-	and every 30 days thereafter through fiscal year 2025, the 19
194		-	Secretary of Defense, in coordination with the Secretary 20
195		-	of State, shall provide a written report to the Committees 21
196		-	on Appropriations, Armed Services, and Foreign Affairs 22
197		-	of the House of Representatives and the Committees on 23
198		-	Appropriations, Armed Services, and Foreign Relations of 24
199		-	the Senate describing United States security assistance 25
200		-	provided to Israel since October 7, 2023, including a com-26
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203		-	HR 8369 PCS
204		-	prehensive list of the defense articles and services provided 1
205		-	to Israel and the associated authority and funding used 2
206		-	to provide such articles and services: Provided, That such 3
207		-	report shall be submitted in unclassified form, but may 4
208		-	be accompanied by a classified annex. 5
	173	+	ONTHLYSECURITYASSISTANCEREPORT.—Not 21
	174	+	later than 30 days after the date of enactment of this Act, 22
	175	+	and every 30 days thereafter through fiscal year 2025, the 23
	176	+	Secretary of Defense, in coordination with the Secretary 24
	177	+	of State, shall provide a written report to the Committees 25 8
	178	+	•HR 8369 EH
	179	+	on Appropriations, Armed Services, and Foreign Affairs 1
	180	+	of the House of Representatives and the Committees on 2
	181	+	Appropriations, Armed Services, and Foreign Relations of 3
	182	+	the Senate describing United States security assistance 4
	183	+	provided to Israel since October 7, 2023, including a com-5
	184	+	prehensive list of the defense articles and services provided 6
	185	+	to Israel and the associated authority and funding used 7
	186	+	to provide such articles and services: Provided, That such 8
	187	+	report shall be submitted in unclassified form, but may 9
	188	+	be accompanied by a classified annex. 10
209	189		(c) R
210		-	EPORT ONPRIORITYDEFENSEARTICLES AND 6
	190	+	EPORT ONPRIORITYDEFENSEARTICLES AND 11
211	191		S
212		-	ERVICES.—Not later than 30 days after the date of en-7
213		-	actment of this Act, the Secretary of Defense, in coordina-8
214		-	tion with the Secretary of State, shall provide a written 9
215		-	report to the Committees on Appropriations, Armed Serv-10
216		-	ices, and Foreign Affairs of the House of Representatives 11
217		-	and the Committees on Appropriations, Armed Services, 12
218		-	and Foreign Relations of the Senate describing urgent and 13
219		-	high priority defense articles and defense services for 14
220		-	Israel and steps taken or planned to expedite the delivery 15
221		-	of such articles and services. 16
	192	+	ERVICES.—Not later than 30 days after the date of en-12
	193	+	actment of this Act, the Secretary of Defense, in coordina-13
	194	+	tion with the Secretary of State, shall provide a written 14
	195	+	report to the Committees on Appropriations, Armed Serv-15
	196	+	ices, and Foreign Affairs of the House of Representatives 16
	197	+	and the Committees on Appropriations, Armed Services, 17
	198	+	and Foreign Relations of the Senate describing urgent and 18
	199	+	high priority defense articles and defense services for 19 9
	200	+	•HR 8369 EH
	201	+	Israel and steps taken or planned to expedite the delivery 1
	202	+	of such articles and services. 2
222	203		Passed the House of Representatives May 16, 2024.
223		-	Attest: KEVIN F. MCCUMBER,
224		-	Clerk.
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228		-	398
229		-	118
	204	+	Attest:
	205	+	Clerk. 118
230	206		TH
231	207		CONGRESS
232	208		2
233	209		D
234	210		S
235	211		ESSION
236	212
237	213		H. R. 8369
238	214		AN ACT
239	215		To provide for the expeditious delivery of defense
240	216		articles and defense services for Israel and other
241	217		matters.
242		-	M
243		-	AY
244		-	21, 2024
245		-	Read the second time and placed on the calendar
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