I 

116TH CONGRESS 

2D SESSION H. R. 8494 

To reaffirm the critical role of congressional consultation and to require 

appropriate deliberation to assess the effects of the sale or export of 

major defense equipment to countries in the Middle East on the qualitative military edge of Israel, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2020 

Mr. SCHNEIDER (for himself, Mr. DEUTCH, Mr. FITZPATRICK, Mr. SHERMAN, 

Mr. KATKO, Ms. WASSERMAN SCHULTZ, Mr. REED, Mr. GOTTHEIMER, 

Mr. BERA, Mrs. MURPHY of Florida, Mr. TED LIEU of California, Mr. 

TRONE, Mr. CISNEROS, Mrs. LURIA, Mr. PANETTA, Mr. ROSE of New 

York, Ms. TORRES SMALL of New Mexico, and Mr. SUOZZI) introduced 

the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To reaffirm the critical role of congressional consultation 

and to require appropriate deliberation to assess the 

effects of the sale or export of major defense equipment 

to countries in the Middle East on the qualitative military edge of Israel, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guaranteeing Israel’s 

5 QME Act of 2020’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The recent signing of the Abraham Accords 

4 and establishment of full diplomatic relations be5 tween United Arab Emirates and Bahrain with 

6 Israel represents a historic step towards perusing 

7 peace and security for all peoples in the Middle East 

8 region. 

9 (2) Israel remains the most important and most 

10 reliable strategic ally of the United States in the 

11 Middle East. 

12 (3) The enactment of the United States-Israel 

13 Strategic Partnership Act of 2014 (Public Law 113– 

14 296) established Israel as a major strategic partner 

15 of the United States. 

16 (4) Certain countries and non-state actors in 

17 the Middle East region have been at war, both de18 clared and undeclared, with Israel since its founding 

19 in 1948. 

20 (5) For more than 50 years, the United States 

21 has worked to ensure Israel’s qualitative military 

22 edge when considering the sale or export of defense 

23 articles and defense services to Israel or to others in 

24 the Middle East region. 

25 (6) Maintaining a substantial qualitative mili26 tary edge is critical to preserving Israel’s safety and 


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1 security, and has been a vital consideration in all 

2 previous sales of weapons to the region. 

3 (7) Since 2008, the United States commitment 

4 to Israel’s qualitative military edge has been estab5 lished and reaffirmed several times in law. 

6 (8) In 2016, the United States and Israel 

7 signed a 10-year Memorandum of Understanding, in 

8 which the United States committed that ‘‘the acqui9 sition of additional U.S.-produced capabilities and 

10 technology provide the best means to ensure Israel 

11 preserves its Qualitative Military Edge (QME)’’. 

12 SEC. 3. SENSE OF CONGRESS. 

13 It is the sense of Congress that the President, con14 sistent with long established United States law and in sup15 port of one of the most important United States allies, 

16 must ensure that any sale or export of defense articles 

17 or defense services to countries in the Middle East region 

18 does not in any way adversely affect Israel’s qualitative 

19 military edge. 

20 SEC. 4. ADDITIONAL ASSESSMENT AND CONSULTATION RE21 GARDING ISRAEL’S QUALITATIVE MILITARY 

22 EDGE. 

23 Section 36(h) of the Arms Export Control Act (22 

24 U.S.C. 2776(h)) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(4) CONSULTATION REQUIRED.—The Presi2 dent shall seek to consult with appropriate officials 

3 of the Government of Israel for information regard4 ing Israel’s qualitative military edge before making 

5 a determination under paragraph (1). 

6 ‘‘(5) INITIAL DETERMINATION WITH RESPECT

7 TO LETTERS OF REQUEST.—Not later than 60 days 

8 after the date of a letter of request for defense arti9 cles or defense services subject to this section, the 

10 President shall submit to Congress an unclassified 

11 determination with respect to the impact fulfilling 

12 such request would have on Israel’s qualitative mili13 tary edge, and offer to provide supplemental classi14 fied briefing on such determination.’’. 

Æ 


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