Us Congress 2023-2024 Regular Session

Us Congress House Bill HB8369 Latest Draft

Bill / Introduced Version Filed 05/22/2024

                            II 
Calendar No. 398 
118THCONGRESS 
2
DSESSION H. R. 8369 
IN THE SENATE OF THE UNITED STATES 
MAY20, 2024 
Received; read the first time 
M
AY21, 2024 
Read the second time and placed on the calendar 
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
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
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HR 8369 PCS
ing over 1,200 innocent people and taking over 240 1
hostages, including American citizens. 2
(2) Since October 7, Israel has faced attacks by 3
Iran and its proxies including Hezbollah, Hamas, 4
and the Houthis, which have required significant 5
military responses. 6
(3) Under the terms of a 2016 Memorandum of 7
Understanding, the United States provides Israel 8
with $3.8 billion per year in security assistance and 9
missile defense funding from fiscal years 2019 10
through 2028, which is subject to the approval of 11
Congress. 12
(4) Thus far in fiscal year 2024, Congress has 13
enacted regular and supplemental legislation appro-14
priating $12.5 billion in security assistance and mis-15
sile defense for Israel without any additional condi-16
tions. 17
(5) Congress plays a vital role in oversight and 18
approval of direct commercial sales and foreign mili-19
tary sales to security partners around the world, in-20
cluding Israel. 21
(6) In May 2024, it was reported that Presi-22
dent Biden ordered a pause on certain defense arti-23
cles ready for imminent delivery to Israel, without 24
having consulted with Congress. 25
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(7) On May 8, 2024, President Biden stated re-1
garding Israel, ‘‘We’re not going to supply the weap-2
ons and artillery shells’’. 3
SEC. 3. SENSE OF CONGRESS. 4
Congress— 5
(1) condemns the Biden Administration’s deci-6
sion to pause certain arms transfers to Israel as 7
Israel faces unprecedented threats from Iran and its 8
proxies, including Hezbollah, Hamas, and the 9
Houthis; 10
(2) calls on the Biden Administration to allow 11
all previously approved arms transfers to Israel to 12
proceed quickly to ensure that Israel can defend 13
itself and defeat threats from Iran and its proxies, 14
including Hezbollah, Hamas, and the Houthis; 15
(3) calls on the Biden Administration to utilize 16
all congressionally appropriated funds for security 17
assistance for Israel as Congress intended; 18
(4) stands with Israel as it defends itself 19
against the barbaric war launched by Hamas and 20
other terrorists; and 21
(5) reaffirms Israel’s right to self-defense. 22
SEC. 4. PROHIBITION. 23
None of the funds appropriated or otherwise made 24
available under any Act appropriating funds for the De-25
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partment of Defense or the Department of State for fiscal 1
year 2024 or any prior years may be made available— 2
(1) to withhold, halt, reverse, or cancel the de-3
livery of defense articles or defense services from the 4
United States to Israel; or 5
(2) to pay the salary or expenses of any officer 6
or employee of the Department of Defense or the 7
Department of State who takes any action to sup-8
port or further the withholding, halting, reversal, or 9
cancellation of the delivery of such defense articles 10
or services. 11
SEC. 5. PROMPT DELIVERY. 12
(a) P
ROMPTDELIVERY OFDEFENSEARTICLES AND 13
S
ERVICES.—The Secretary of Defense, in coordination 14
with the Secretary of State, shall ensure prompt delivery 15
of all defense articles and services for Israel which are ex-16
pected to be delivered in fiscal years 2024 and 2025, in-17
cluding— 18
(1) those contracted through the Foreign Mili-19
tary Sales system; 20
(2) those supported by prior Acts making ap-21
propriations for the Department of Defense; and 22
(3) those provided pursuant to a declaration in 23
section 506(a) of the Foreign Assistance Act of 24
1961. 25
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(b) PROMPTDELIVERY OFDIRECTCOMMERCIAL 1
S
ALES.—The Secretary of State shall ensure prompt ap-2
proval and delivery of all direct commercial sales of de-3
fense articles and services for Israel which are expected 4
to be delivered in fiscal years 2024 and 2025, including 5
those for the Ministry of Public Security. 6
(c) P
ROMPTDELIVERY OFWITHHELDITEMS.—Any 7
defense article and defense service described in subsection 8
(a) or (b) of this section that were withheld from delivery 9
as of the date of the enactment of this Act shall be deliv-10
ered to Israel not later than 15 days after the date of 11
the enactment of this Act. 12
SEC. 6. WITHHOLDING OF FUNDS. 13
(a) W
ITHHOLDING OF DEPARTMENT OF DEFENSE 14
F
UNDS.—None of the unobligated balances of funds made 15
available by prior Acts making appropriations for the De-16
partment of Defense under the heading ‘‘Operation and 17
Maintenance, Defense-Wide’’ for the immediate Office of 18
the Secretary of Defense that are available as of the date 19
of the enactment of this Act may be obligated or expended 20
until the Secretary of Defense certifies and reports to the 21
Committee on Appropriations of the House of Representa-22
tives and the Senate that the requirements of section 5(c) 23
have been met. 24
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(b) WITHHOLDING OF DEPARTMENT OF STATE 1
F
UNDS.—None of the unobligated balances of funds made 2
available by prior Acts making appropriations for the De-3
partment of State, Foreign Operations, and Related Pro-4
grams under the heading ‘‘Diplomatic Programs’’ for the 5
Office of the Secretary that are available as of the date 6
of the enactment of this Act may be obligated or expended 7
until the Secretary of State certifies and reports to the 8
Committee on Appropriations of the House of Representa-9
tives and the Senate that the requirements of section 5(c) 10
have been met. 11
(c) W
ITHHOLDING OF FINANCIALSERVICES AND 12
G
ENERALGOVERNMENT FUNDS.—None of the unobli-13
gated balances of funds made available by prior Acts mak-14
ing appropriations for Financial Services and General 15
Government under the heading ‘‘Executive Office of the 16
President and Funds Appropriated To the President—Na-17
tional Security Council and Homeland Security Council’’ 18
that are available as of the date of the enactment of this 19
Act may be obligated or expended until the President cer-20
tifies and reports to the Committee on Appropriations of 21
the House of Representatives and the Senate that the re-22
quirements of section 5(c) have been met. 23
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SEC. 7. OBLIGATION REQUIREMENT. 1
Notwithstanding any other provision of law, the Sec-2
retary of Defense and the Secretary of State shall obligate 3
any remaining unobligated balances of funds appropriated 4
or otherwise made available for assistance for Israel not 5
later than 30 days after the date of the enactment of this 6
Act. 7
SEC. 8. REPORTS. 8
(a) I
NSPECTORGENERALREPORT.—Not later than 9
90 days after the date of the enactment of this Act, the 10
Inspectors General of the Department of Defense and the 11
Department of State shall jointly submit to Congress a 12
report on any actions taken by executive branch officials 13
before the date of the enactment of this Act to withhold, 14
halt, reverse, or cancel the delivery of defense articles and 15
defense services to Israel. 16
(b) M
ONTHLYSECURITYASSISTANCEREPORT.—Not 17
later than 30 days after the date of enactment of this Act, 18
and every 30 days thereafter through fiscal year 2025, the 19
Secretary of Defense, in coordination with the Secretary 20
of State, shall provide a written report to the Committees 21
on Appropriations, Armed Services, and Foreign Affairs 22
of the House of Representatives and the Committees on 23
Appropriations, Armed Services, and Foreign Relations of 24
the Senate describing United States security assistance 25
provided to Israel since October 7, 2023, including a com-26
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prehensive list of the defense articles and services provided 1
to Israel and the associated authority and funding used 2
to provide such articles and services: Provided, That such 3
report shall be submitted in unclassified form, but may 4
be accompanied by a classified annex. 5
(c) R
EPORT ONPRIORITYDEFENSEARTICLES AND 6
S
ERVICES.—Not later than 30 days after the date of en-7
actment of this Act, the Secretary of Defense, in coordina-8
tion with the Secretary of State, shall provide a written 9
report to the Committees on Appropriations, Armed Serv-10
ices, and Foreign Affairs of the House of Representatives 11
and the Committees on Appropriations, Armed Services, 12
and Foreign Relations of the Senate describing urgent and 13
high priority defense articles and defense services for 14
Israel and steps taken or planned to expedite the delivery 15
of such articles and services. 16
Passed the House of Representatives May 16, 2024. 
Attest: KEVIN F. MCCUMBER, 
Clerk. 
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398 
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. 
M
AY
21, 2024 
Read the second time and placed on the calendar 
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