[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4337 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4337
To provide for the expeditious delivery of defense articles and defense
services for Israel, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2024
Mr. Cotton (for himself, Mr. Marshall, Ms. Ernst, Mr. Kennedy, Mr.
Daines, Mrs. Hyde-Smith, Mr. Scott of Florida, Mr. Budd, Mr. Ricketts,
Mr. Crapo, Mr. Barrasso, Ms. Lummis, Mrs. Fischer, Mr. Tillis, Mr.
Cramer, Mrs. Britt, Mr. Graham, Mr. Lankford, Mr. Sullivan, Mr. Hawley,
Mr. Hoeven, Mr. Rubio, Mr. Cruz, and Mr. Thune) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To provide for the expeditious delivery of defense articles and defense
services for Israel, and for other purposes.
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 United States
citizens.
(2) Since October 7, 2023, 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 $3,800,000,000 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
$12,500,000,000 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.
It is the sense of Congress that 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 that 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 (22 U.S.C.
2318(a)).
(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 that 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 the 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 the 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.
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