[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8437 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8437
To provide for congressional oversight of proposed changes to arms
sales to Israel.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2024
Mr. McCaul (for himself, Mrs. Wagner, Mrs. Radewagen, Mr. Self, Mr.
Lawler, Mr. Wilson of South Carolina, Mr. Kean of New Jersey, Mr.
Stanton, Mr. Sherman, Mr. Owens, Mr. Fitzpatrick, Mr. Jackson of Texas,
Mrs. Kiggans of Virginia, Mr. Nunn of Iowa, Mr. Reschenthaler, Mr.
Bacon, Mr. Balderson, Ms. Manning, Mr. Mast, Mr. Fleischmann, Mr.
Guest, Mr. Gimenez, Mr. Lamborn, Mr. Barr, Mr. Weber of Texas, Mr.
Sessions, Mr. Smith of New Jersey, Mr. Garbarino, Mr. Gottheimer, Mr.
Golden of Maine, Mr. Moskowitz, and Mrs. Miller of West Virginia)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for congressional oversight of proposed changes to arms
sales to Israel.
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 ``Maintaining Our Ironclad Commitment
to Israel's Security Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2016 the Obama Administration concluded negotiations
with Israel for a 10-year Memorandum of Understanding covering
security assistance for fiscal years 2019 to 2028 that affirmed
``the unshakeable commitment of the United States to Israel's
security''.
(2) In May 2024, the Biden Administration delayed shipment
of 1,800 2,000-pound bombs and 1,700 500-pound bombs to Israel
in an effort to place political pressure on the Government of
Israel.
(3) This decision of the Biden Administration was made
without consulting or notifying Congress and despite repeated
public assurances that the United States-Israel relationship
was ``ironclad'' and that there was ``no change in policy''.
(4) 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.
It is the sense of Congress that--
(1) Israel has a right to defend itself, which includes the
need for offensive capabilities in order to deter and defeat
threats, including those posed by Iran and its terrorist
proxies Hamas, Hezbollah, and the Houthis;
(2) previously negotiated and approved United States arms
sales to Israel should proceed, and all pauses should be
lifted, to ensure that Israel is properly equipped to defend
itself and defeat threats, including those posed by Iran and
its terrorist proxies Hamas, Hezbollah, and the Houthis; and
(3) limiting or otherwise delaying the sale or delivery of
United States-made defense articles to Israel runs counter to
the commitments the United States made to Israel as part of the
2016 Memorandum of Understanding and undermines regional
security, including prospective advances in Israel-Saudi
normalization.
SEC. 4. CONGRESSIONAL OVERSIGHT OF PROPOSED CHANGES TO ARMS SALES TO
ISRAEL.
(a) In General.--The President may not take any action to pause,
suspend, delay, or abrogate the delivery of covered defense articles or
defense services to Israel, including as part of a policy review,
unless, not less than 15 days prior to such action, the President
provides the notification described in (b) relating to such pause,
suspension, delay, or abrogation in unclassified form, with a
classified annex as necessary, to the appropriate congressional
committees.
(b) Notification Described.--The notification relating to a pause,
suspension, delay, or abrogation to the delivery of covered defense
articles or defense services shall include the following:
(1) An identification of the end user of the articles or
services.
(2) A detailed description of the type of articles or
services to include the date on which Congress was notified of
the transfer of the articles or services.
(3) A policy justification for the pause, suspension,
delay, or abrogation and a description of the potential impact
such action may have on United States national security
interests.
(4) An identification of conditions for lifting the pause,
suspension, delay, or abrogation and whether such conditions
will be communicated to the Government of Israel and the
timeline for meeting such conditions.
(5) A description of the sources of funds, including an
identification of appropriations accounts if applicable, used
to provide the articles or services.
(6) An identification of any bilateral agreement or
memorandum of understanding related to the authority to provide
the articles or services.
(7) A description as to whether the action would adversely
affect Israel's qualitative military edge over military threats
to Israel.
(c) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(2) the term ``qualitative military edge'' has the meaning
given that term in section 36(h)(3) of the Arms Export Control
Act (22 U.S.C. 2776(h)(3)).
SEC. 5. CONGRESSIONAL REVIEW.
(a) Limitation on Actions During Initial Congressional Review
Period.--During the 15 day period following the submission of a
notification described in section 4(b), the President may not take any
action to pause, suspend, delay, or abrogate the delivery of covered
defense articles or services to Israel described in such notification.
(b) Limitation on Actions After Introduction of a Joint Resolution
of Disapproval.--If a joint resolution of disapproval relating to
notification described in section 4(b) is introduced, the President may
not take any action relating to the pause, suspension, delay, or
abrogation to the delivery of covered defense articles or defense
services described in such notification for a period of 10 calendar
days, unless the joint resolution sooner passes both Houses of
Congress.
(c) Limitation on Actions During Presidential Consideration of a
Joint Resolution of Disapproval.--If a joint resolution of disapproval
relating to notification described in section 4(b) passes both Houses
of Congress, the President may not take any action relating to the
pause, suspension, delay, or abrogation to the delivery of covered
defense articles or defense services described in such notification for
a period of 12 calendar days after the date of passage of the joint
resolution of disapproval, unless the President sooner vetoes the joint
resolution of disapproval.
(d) Limitation on Actions During Congressional Reconsideration of a
Joint Resolution of Disapproval.--If the President vetoes the joint
resolution of disapproval, the President may not take the action
described in such notification for a period of 10 calendar days after
the date of the President's veto, unless the joint resolution sooner
fails of passage on reconsideration in either House.
(e) Effect of Enactment of a Joint Resolution of Disapproval.--If a
joint resolution of disapproval relating to notification described in
section 4(b) is enacted into law, the President may not take any action
relating to the pause, suspension, delay, or abrogation to the delivery
of covered defense articles or services to Israel described in such
notification for a period of 180 days, at which point, the President
must submit a new notification relating to such action.
(f) Joint Resolutions of Disapproval.--
(1) Definition.--In this section, the term ``joint
resolution of disapproval'' means only a joint resolution of
either House of Congress--
(A) the title of which is as follows: ``A joint
resolution disapproving the President's proposal to
pause, suspend, delay, or abrogate the delivery of
covered defense articles or defense services to
Israel.''; and
(B) the sole matter after the resolving clause of
which is the following: ``Congress disapproves of the
action relating to pause, suspend, delay, or abrogate
the delivery of covered defense articles or defense
services to Israel proposed by the President in the
notification described in section 4(b) of the
Maintaining Our Ironclad Commitment to Israel's
Security Act on _____ relating to _____., with the
first blank space being filled with the appropriate
date and the second blank space being filled with a
short description of the proposed action.
(2) Introduction.--During the period of 15 calendar days
provided for under subsection (b)(1), a joint resolution of
disapproval may be introduced--
(A) in the House of Representatives, by the
majority leader or the minority leader; and
(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee).
(3) Floor consideration in house of representatives.--
(A) Reporting and discharge.--If a committee of the
House of Representatives to which a joint resolution of
disapproval has been referred has not reported the
joint resolution within 5 legislative days after the
date of referral, that committee shall be discharged
from further consideration of the joint resolution.
(B) Proceeding to consideration.--Beginning on the
third legislative day after each committee to which a
joint resolution has been referred reports the joint
resolution to the House or has been discharged from
further consideration thereof, it shall be in order to
move to proceed to consider the joint resolution in the
House. All points of order against the motion are
waived. Such a motion shall not be in order after the
House has disposed of a motion to proceed on the joint
resolution. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(C) Consideration.--The joint resolution shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to final passage
without intervening motion except 2 hours of debate
equally divided and controlled by the sponsor of the
joint resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
(4) Consideration in the senate.--
(A) Committee referral.--A joint resolution of
disapproval introduced in the Senate shall be referred
to the Committee on Foreign Relations.
(B) Reporting and discharge.--If the Committee on
Foreign Relations has not reported the joint resolution
within 5 calendar days after the date of referral of
the joint resolution, that committee shall be
discharged from further consideration of the joint
resolution and the joint resolution shall be placed on
the appropriate calendar.
(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after the Committee on Foreign
Relations reports a joint resolution of disapproval to
the Senate or has been discharged from consideration of
such a joint resolution (even though a previous motion
to the same effect has been disagreed to) to move to
proceed to the consideration of the joint resolution,
and all points of order against the joint resolution
(and against consideration of the joint resolution) are
waived. The motion to proceed is not debatable. The
motion is not subject to a motion to postpone. A motion
to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint resolution of
disapproval shall be decided without debate.
(E) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to a joint
resolution of disapproval, including all debatable
motions and appeals in connection with the joint
resolution, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees.
(5) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If,
before the passage by one House of a joint resolution
of that House, that House receives a joint resolution
from the other House, then the following procedures
shall apply:
(i) The joint resolution of the other House
shall not be referred to a committee.
(ii) With respect to a joint resolution of
the House receiving the legislation--
(I) the procedure in that House
shall be the same as if no joint
resolution had been received from the
other House; but
(II) the vote on passage shall be
on the joint resolution of the other
House.
(B) Treatment of a joint resolution of other
house.--If one House fails to introduce a joint
resolution under this section, the joint resolution of
the other House shall be entitled to expedited floor
procedures under this section.
(C) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the
Senate then receives a companion measure from the House
of Representatives, the companion measure shall not be
debatable.
(D) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a joint resolution of
disapproval that is a revenue measure.
(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, and supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
SEC. 6. COVERED DEFENSE ARTICLES AND DEFENSE SERVICES DEFINED.
In this Act, the term ``covered defense articles and defense
services'' means those defense articles and defense services that are
provided under any of the following authorities:
(1) Section 3 of the Arms Export Control Act (22 U.S.C.
2753).
(2) Section 36 of the Arms Export Control Act (22 U.S.C.
2776).
(3) Section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318).
(4) Section 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2364).
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