[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8369 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 398
118th CONGRESS
  2d Session
                                H. R. 8369


_______________________________________________________________________


                   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.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
                                                       Calendar No. 398

118th CONGRESS

  2d Session

                               H. R. 8369

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                              May 21, 2024

            Read the second time and placed on the calendar