House Votes to Require Delivery of Weapons to Israel (H.R. 8369)

House Resolution 8369 specifies that no federal funds may be used to withhold, halt, reverse, or cancel the delivery of defense articles or defense services to Israel. Also, no funds may be used to pay the salary of any Department of Defense (DOD) or Department of State employee who acts to limit defense deliveries to Israel.

Additionally, DOD and the State Department shall ensure prompt delivery of all defense articles and services expected to be delivered to Israel in FY2024 and FY2025. Unobligated funds for operation and maintenance for the Office of the Secretary of Defense, diplomatic programs for the Office of the Secretary of State, and the National Security Council may not be spent until each office certifies to Congress that any withheld defense articles or services are delivered to Israel. DOD and the State Department must obligate any remaining funds for assistance to Israel.

DOD and the State Department must periodically report to Congress on defense articles and services provided to Israel.

This bill specifies that no federal funds may be used to withhold, halt, reverse, or cancel the delivery of defense articles or defense services to Israel. Also, no funds may be used to pay the salary of any Department of Defense (DOD) or Department of State employee who acts to limit defense deliveries to Israel.

DOD and the State Department must periodically report to Congress on defense articles and services provided to Israel.

The legislation was in response to President Biden’s decision to suspend the delivery of bombs to Israel to discourage Israel from entering Rafah as part of its war against Hamas. The bill passed 224-187 with 16 Democrats voting with the Republican majority. Biden promised to veto the bill if it reached his desk, but there was no chance it would pass the Democratically-controlled Senate.

118th CONGRESS
2d Session

H. R. 8369

To provide for the expeditious delivery of defense articles and defense services for Israel and other matters.

IN THE SENATE OF THE UNITED STATES

May 20, 2024

Received; read the first time

May 21, 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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Israel Security Assistance Support Act”.

SEC. 2. FINDINGS.

Congress finds the following:

(1) On October 7, 2023, Hamas terrorists launched a massive, unprovoked war on Israel, killing over 1,200 innocent people and taking over 240 hostages, including American citizens.

(2) Since October 7, Israel has faced attacks by Iran and its proxies including Hezbollah, Hamas, and the Houthis, which have required significant military responses.

(3) Under the terms of a 2016 Memorandum of Understanding, the United States provides Israel with $3.8 billion per year in security assistance and missile defense funding from fiscal years 2019 through 2028, which is subject to the approval of Congress.

(4) Thus far in fiscal year 2024, Congress has enacted regular and supplemental legislation appropriating $12.5 billion in security assistance and missile defense for Israel without any additional conditions.

(5) Congress plays a vital role in oversight and approval of direct commercial sales and foreign military sales to security partners around the world, including Israel.

(6) In May 2024, it was reported that President Biden ordered a pause on certain defense articles ready for imminent delivery to Israel, without having consulted with Congress.

(7) On May 8, 2024, President Biden stated regarding Israel, “We’re not going to supply the weapons and artillery shells”.

SEC. 3. SENSE OF CONGRESS.

Congress—

(1) condemns the Biden Administration’s decision to pause certain arms transfers to Israel as Israel faces unprecedented threats from Iran and its proxies, including Hezbollah, Hamas, and the Houthis;

(2) calls on the Biden Administration to allow all previously approved arms transfers to Israel to proceed quickly to ensure that Israel can defend itself and defeat threats from Iran and its proxies, including Hezbollah, Hamas, and the Houthis;

(3) calls on the Biden Administration to utilize all congressionally appropriated funds for security assistance for Israel as Congress intended;

(4) stands with Israel as it defends itself against the barbaric war launched by Hamas and other terrorists; and

(5) reaffirms Israel’s right to self-defense.

SEC. 4. PROHIBITION.

None of the funds appropriated or otherwise made available under any Act appropriating funds for the Department of Defense or the Department of State for fiscal year 2024 or any prior years may be made available—

(1) to withhold, halt, reverse, or cancel the delivery of defense articles or defense services from the United States to Israel; or

(2) to pay the salary or expenses of any officer or employee of the Department of Defense or the Department of State who takes any action to support or further the withholding, halting, reversal, or cancellation of the delivery of such defense articles or services.

SEC. 5. PROMPT DELIVERY.

(a) Prompt Delivery Of Defense Articles And Services.—The Secretary of Defense, in coordination with the Secretary of State, shall ensure prompt delivery of all defense articles and services for Israel which are expected to be delivered in fiscal years 2024 and 2025, including—

(1) those contracted through the Foreign Military Sales system;

(2) those supported by prior Acts making appropriations for the Department of Defense; and

(3) those provided pursuant to a declaration in section 506(a) of the Foreign Assistance Act of 1961.

(b) Prompt Delivery Of Direct Commercial Sales.—The Secretary of State shall ensure prompt approval and delivery of all direct commercial sales of defense articles and services for Israel which are expected to be delivered in fiscal years 2024 and 2025, including those for the Ministry of Public Security.

(c) Prompt Delivery Of Withheld Items.—Any defense article and defense service described in subsection (a) or (b) of this section that were withheld from delivery as of the date of the enactment of this Act shall be delivered to Israel not later than 15 days after the date of the enactment of this Act.

SEC. 6. WITHHOLDING OF FUNDS.

(a) Withholding Of Department Of Defense Funds.—None of the unobligated balances of funds made available by prior Acts making appropriations for the Department of Defense under the heading “Operation and Maintenance, Defense-Wide” for the immediate Office of the Secretary of Defense that are available as of the date of the enactment of this Act may be obligated or expended until the Secretary of Defense certifies and reports to the Committee on Appropriations of the House of Representatives and the Senate that the requirements of section 5(c) have been met.

(b) Withholding Of Department Of State Funds.—None of the unobligated balances of funds made available by prior Acts making appropriations for the Department of State, Foreign Operations, and Related Programs under the heading “Diplomatic Programs” for the Office of the Secretary that are available as of the date of the enactment of this Act may be obligated or expended until the Secretary of State certifies and reports to the Committee on Appropriations of the House of Representatives and the Senate that the requirements of section 5(c) have been met.

(c) Withholding Of Financial Services And General Government Funds.—None of the unobligated balances of funds made available by prior Acts making appropriations for Financial Services and General Government under the heading “Executive Office of the President and Funds Appropriated To the President—National Security Council and Homeland Security Council” that are available as of the date of the enactment of this Act may be obligated or expended until the President certifies and reports to the Committee on Appropriations of the House of Representatives and the Senate that the requirements of section 5(c) have been met.

SEC. 7. OBLIGATION REQUIREMENT.

Notwithstanding any other provision of law, the Secretary of Defense and the Secretary of State shall obligate any remaining unobligated balances of funds appropriated or otherwise made available for assistance for Israel not later than 30 days after the date of the enactment of this Act.

SEC. 8. REPORTS.

(a) Inspector General Report.—Not later than 90 days after the date of the enactment of this Act, the Inspectors General of the Department of Defense and the Department of State shall jointly submit to Congress a report on any actions taken by executive branch officials before the date of the enactment of this Act to withhold, halt, reverse, or cancel the delivery of defense articles and defense services to Israel.

(b) Monthly Security Assistance Report.—Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2025, the Secretary of Defense, in coordination with the Secretary of State, shall provide a written report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate describing United States security assistance provided to Israel since October 7, 2023, including a comprehensive list of the defense articles and services provided to Israel and the associated authority and funding used to provide such articles and services: Provided, That such report shall be submitted in unclassified form, but may be accompanied by a classified annex.

(c) Report On Priority Defense Articles And Services.—Not later than 30 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide a written report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate describing urgent and high priority defense articles and defense services for Israel and steps taken or planned to expedite the delivery of such articles and services.

Passed the House of Representatives May 16, 2024.

Sources: Congress.gov.
Stephen Groves And Seung Min Kim, “House votes to require delivery of bombs to Israel in GOP-led rebuke of Biden policies,” AP, (May 16, 2024).