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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4537 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4537

  To provide for congressional oversight of proposed changes to arms 
                sales to Israel, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2024

   Mr. Risch introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
  To provide for congressional oversight of proposed changes to arms 
                sales to 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 ``Maintaining Our Ironclad Commitment 
to Israel's Security Act''.

SEC. 2. 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. 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 to 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. 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 
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 (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. 5. 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 4(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 4(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 4(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 4(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 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 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.
            (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. DEFINITION OF COVERED DEFENSE ARTICLES AND DEFENSE SERVICES.

    In this Act, 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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