[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5005-S5007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2709. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Maintaining Our Ironclad Commitment to Israel's Security
Act
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Maintaining Our
Ironclad Commitment to Israel's Security Act''.
SEC. 1292. FINDINGS.
Congress makes the following findings:
(1) In 2016, the Obama administration concluded
negotiations with Israel for a 10-year memorandum of
understanding to provide security assistance to Israel for
the period of fiscal years 2019 through 2028 that affirmed
``the unshakeable commitment of the United States to Israel's
security''.
(2) In May 2024, the Biden administration delayed shipment
to Israel of 1,800 2,000-pound bombs and 1,700 500-pound
bombs in an effort to apply political pressure to the
Government of Israel. The decision to delay such shipment was
made without consulting with or notifying Congress and
despite repeated public assurances that the United States-
Israel relationship was ``ironclad'' and that there was ``no
change in policy''.
(3) On May 8, 2024, President Biden stated, with respect to
Israel, ``We're not going to supply the weapons and artillery
shells.''.
SEC. 1293. 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 to
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deter and defeat threats, including threats 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 threats 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. 1294. 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 and defense services to Israel, including as
part of a policy review, unless, not less than 15 legislative
days prior to such action, the President provides to the
appropriate committees of Congress the notification described
in subsection (b) relating to such pause, suspension, delay,
or abrogation in unclassified form, with a classified annex
as necessary.
(b) Notification Described.--The notification described in
this subsection is a notification relating to a pause,
suspension, delay, or abrogation of the delivery of covered
defense articles and defense services, which shall include
the following:
(1) An identification of the end user of the covered
defense articles and defense services concerned.
(2) A detailed description of the type of covered defense
articles and defense services concerned, including the date
on which Congress was notified of the transfer of such
covered defense articles and defense 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, a statement as to 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 used to provide
the covered defense articles and defense services concerned,
including an identification of appropriations accounts, as
applicable.
(6) An identification of any bilateral agreement or
memorandum of understanding related to the authority to
provide the covered defense articles and defense services
concerned.
(7) An assessment as to whether the pause, suspension,
delay, or abrogation would adversely affect the qualitative
military edge of Israel over military threats to Israel.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Qualitative military edge.--The term ``qualitative
military edge'' has the meaning given such term in section
36(h)(3) of the Arms Export Control Act (22 U.S.C.
2776(h)(3)).
SEC. 1295. CONGRESSIONAL REVIEW.
(a) Limitation on Actions During Initial Congressional
Review Period.--During the 15-legislative day period
following the submission of a notification described in
section 1294(b), the President may not take any action to
pause, suspend, delay, or abrogate the delivery of covered
defense articles and defense 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 a notification described in section
1294(b) is introduced, the President may not take any action
relating to the pause, suspension, delay, or abrogation of
the delivery of the covered defense articles and defense
services described in such notification for a period of 10
legislative 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
1294(b) passes both Houses of Congress, the President may not
take any action relating to the pause, suspension, delay, or
abrogation of the delivery of the covered defense articles
and defense services described in such notification for a
period of 12 legislative 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 legislative 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 1294(b) is enacted into
law, the President may not take any action relating to the
pause, suspension, delay, or abrogation of the delivery to
Israel of the covered defense articles and defense services
described in such notification for a period of 180 days, at
which point, the President shall submit a new notification
relating to any 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
and 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 and defense services to Israel proposed by
the President in the notification described in section
1294(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 legislative days
provided for under subsection (a), 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
legislative 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.
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(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. 1296. DEFINITION OF COVERED DEFENSE ARTICLES AND DEFENSE
SERVICES.
In this subtitle, the term ``covered defense articles and
defense services'' means any defense article or defense
service provided under the authority of any of the following:
(1) Section 3 of the Arms Export Control Act (22 U.S.C.
2753).
(2) Section 22 of the Arms Export Control Act (22 U.S.C.
2762).
(3) Section 36 of the Arms Export Control Act (22 U.S.C.
2776).
(4) Section 38 of the Arms Export Control Act (22 U.S.C.
2778).
(5) Section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318).
(6) Section 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2364).
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