I 

111TH CONGRESS 

1ST SESSION H. R. 3160 

Making appropriations for foreign assistance to Israel for fiscal year 2010. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2009 

Mr. SMITH of New Jersey introduced the following bill; which was referred 

to the Committee on Appropriations 

A BILL 

Making appropriations for foreign assistance to Israel for 

fiscal year 2010. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2010, and for other pur6 poses, namely: 


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1 TITLE I 

2 BILATERAL ECONOMIC ASSISTANCE 

3 DEPARTMENT OF STATE

4 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

5 RELATED PROGRAMS

6 Funds appropriated for fiscal year 2010 for a vol7 untary contribution to the International Atomic Energy 

8 Agency under section 301 of the Foreign Assistance Act 

9 of 1961 may be made available to that Agency only if the 

10 Secretary of State determines (and so reports to the Con11 gress) that Israel is not being denied its right to partici12 pate in the activities of that Agency. 

13 MIGRATION AND REFUGEE ASSISTANCE

14 For necessary expenses to enable the Secretary of 

15 State to provide, as authorized by law, not less than 

16 $25,000,000 for refugees resettling in Israel, to remain 

17 available until expended. 

18 TITLE II 

19 INTERNATIONAL SECURITY ASSISTANCE 

20 FUNDS APPROPRIATED TO THE PRESIDENT

21 FOREIGN MILITARY FINANCING PROGRAM

22 For necessary expenses for grants only for Israel to 

23 enable the President to carry out the provisions of section 

24 23 of the Arms Export Control Act, $2,220,000,000: Pro25 vided, That to expedite the provision of assistance to 


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1 Israel, the Secretary of State may use the funds appro2 priated under this heading to procure defense articles and 

3 services to enhance the capacity of Israel’s security forces: 

4 Provided further, That the Department of State shall con5 sult with the Committees on Appropriations prior to exer6 cising the authority contained in the previous proviso: Pro7 vided further, That the funds appropriated by this para8 graph for Israel shall be disbursed within 30 days of the 

9 enactment of this Act: Provided further, That to the extent 

10 that the Government of Israel requests that funds be used 

11 for such purposes, grants made available for Israel by this 

12 paragraph shall, as agreed by the United States and 

13 Israel, be available for advanced weapons systems, of 

14 which not less than $583,860,000 shall be available for 

15 the procurement in Israel of defense articles and defense 

16 services, including research and development: Provided 

17 further, That funds appropriated or otherwise made avail18 able by this paragraph shall be non-repayable notwith19 standing any requirement in section 23 of the Arms Ex20 port Control Act: Provided further, That funds made avail21 able under this paragraph shall be obligated upon appor22 tionment in accordance with paragraph (5)(C) of title 31, 

23 United States Code, section 1501(a): Provided further, 

24 That none of the funds made available under this para25 graph, except those specified in the fourth proviso under 


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1 this heading, shall be available to finance the procurement 

2 of defense articles, defense services, or design and con3 struction services that are not sold by the United States 

4 Government under the Arms Export Control Act unless 

5 Israel has first signed an agreement with the United 

6 States Government specifying the conditions under which 

7 such procurements may be financed with such funds: Pro8 vided further, That all country and funding level increases 

9 in allocations shall be submitted through the regular noti10 fication procedures of section 7015 of the Department of 

11 State, Foreign Operations, and Related Programs Appro12 priations Act, 2010: Provided further, That funds made 

13 available in this paragraph may be used, notwithstanding 

14 any other provision of law, for demining, the clearance of 

15 unexploded ordnance, and related activities, and may in16 clude activities implemented through nongovernmental 

17 and international organizations: Provided further, That 

18 funds appropriated in this paragraph shall be expended 

19 at the minimum rate necessary to make timely payment 

20 for defense articles and services. 

21 TITLE III 

22 GENERAL PROVISIONS 

23 AVAILABILITY OF FUNDS

24 SEC. 301. No part of any appropriation contained in 

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1 piration of the current fiscal year unless expressly so pro2 vided in this Act: Provided, That funds appropriated for 

3 the purposes of chapters 1, 8, 11, and 12 of part I, section 

4 661, section 667, chapters 4, 5, 6, 8, and 9 of part II 

5 of the Foreign Assistance Act of 1961, section 23 of the 

6 Arms Export Control Act shall remain available for an ad7 ditional 4 years from the date on which the availability 

8 of such funds would otherwise have expired, if such funds 

9 are initially obligated before the expiration of their respec10 tive periods of availability contained in this Act: Provided 

11 further, That, notwithstanding any other provision of this 

12 Act, any funds made available for the purposes of chapter 

13 1 of part I and chapter 4 of part II of the Foreign Assist14 ance Act of 1961 which are allocated or obligated for cash 

15 disbursements in order to address balance of payments or 

16 economic policy reform objectives, shall remain available 

17 until expended. 

18 APPLICABILITY OF GENERAL LIMITATIONS

19 SEC. 302. The pertinent limitations and restrictions 

20 on the availability and use of funds set forth in the De21 partment of State, Foreign Operations, and Related Pro22 grams Appropriations Act, 2010 shall apply to the appro23 priations provided in this Act. 

24 ARAB LEAGUE BOYCOTT OF ISRAEL

25 SEC. 303. It is the sense of the Congress that— 


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1 (1) the Arab League boycott of Israel, and the 

2 secondary boycott of American firms that have com3 mercial ties with Israel, is an impediment to peace 

4 in the region and to United States investment and 

5 trade in the Middle East and North Africa; 

6 (2) the Arab League boycott, which was regret7 tably reinstated in 1997, should be immediately and 

8 publicly terminated, and the Central Office for the 

9 Boycott of Israel immediately disbanded; 

10 (3) all Arab League states should normalize re11 lations with their neighbor Israel; 

12 (4) the President and the Secretary of State 

13 should continue to vigorously oppose the Arab 

14 League boycott of Israel and find concrete steps to 

15 demonstrate that opposition by, for example, taking 

16 into consideration the participation of any recipient 

17 country in the boycott when determining to sell 

18 weapons to said country; and 

19 (5) the President should report to Congress an20 nually on specific steps being taken by the United 

21 States to encourage Arab League states to normalize 

22 their relations with Israel to bring about the termi23 nation of the Arab League boycott of Israel, includ24 ing those to encourage allies and trading partners of 

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1 nesses from complying with the boycott and penal2 izing businesses that do comply. 

3 PALESTINIAN STATEHOOD

4 SEC. 304. (a) LIMITATION ON ASSISTANCE.—None 

5 of the funds appropriated under this Act, or under titles 

6 III through VI of the Department of State, Foreign Oper7 ations, and Related Programs Appropriations Act, 2010, 

8 may be provided to support a Palestinian state unless the 

9 Secretary of State determines and certifies to the appro10 priate congressional committees that— 

11 (1) the governing entity of a new Palestinian 

12 state— 

13 (A) has demonstrated a firm commitment 

14 to peaceful co-existence with the State of Israel; 

15 (B) is taking appropriate measures to 

16 counter terrorism and terrorist financing in the 

17 West Bank and Gaza, including the dismantling 

18 of terrorist infrastructures, and is cooperating 

19 with appropriate Israeli and other appropriate 

20 security organizations; and 

21 (2) the Palestinian Authority (or the governing 

22 entity of a new Palestinian state) is working with 

23 other countries in the region to vigorously pursue ef24 forts to establish a just, lasting, and comprehensive 

25 peace in the Middle East that will enable Israel and 

26 an independent Palestinian state to exist within the 


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1 context of full and normal relationships, which 

2 should include— 

3 (A) termination of all claims or states of 

4 belligerency; 

5 (B) respect for and acknowledgment of the 

6 sovereignty, territorial integrity, and political 

7 independence of every state in the area through 

8 measures including the establishment of demili9 tarized zones; 

10 (C) their right to live in peace within se11 cure and recognized boundaries free from 

12 threats or acts of force; 

13 (D) freedom of navigation through inter14 national waterways in the area; and 

15 (E) a framework for achieving a just set16 tlement of the refugee problem. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the governing entity should enact a constitution 

19 assuring the rule of law, an independent judiciary, and 

20 respect for human rights for its citizens, and should enact 

21 other laws and regulations assuring transparent and ac22 countable governance. 

23 (c) WAIVER.—The President may waive subsection 

24 (a) if he determines that it is important to the national 

25 security interests of the United States to do so. 


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1 (d) EXEMPTION.—The restriction in subsection (a) 

2 shall not apply to assistance intended to help reform the 

3 Palestinian Authority and affiliated institutions, or the 

4 governing entity, in order to help meet the requirements 

5 of subsection (a), consistent with the provisions of section 

6 7040 of the Department of State, Foreign Operations, and 

7 Related Programs Appropriations Act, 2010 (‘‘Limitation 

8 on Assistance to the Palestinian Authority’’). 

9 RESTRICTIONS CONCERNING THE PALESTINIAN

10 AUTHORITY

11 SEC. 305. None of the funds appropriated under this 

12 Act, or under titles II through VI of the Department of 

13 State, Foreign Operations, and Related Programs Appro14 priations Act, 2010, may be obligated or expended to cre15 ate in any part of Jerusalem a new office of any depart16 ment or agency of the United States Government for the 

17 purpose of conducting official United States Government 

18 business with the Palestinian Authority over Gaza and 

19 Jericho or any successor Palestinian governing entity pro20 vided for in the Israel-PLO Declaration of Principles: Pro21 vided, That this restriction shall not apply to the acquisi22 tion of additional space for the existing Consulate General 

23 in Jerusalem: Provided further, That meetings between of24 ficers and employees of the United States and officials of 

25 the Palestinian Authority, or any successor Palestinian 

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1 tion of Principles, for the purpose of conducting official 

2 United States Government business with such authority 

3 should continue to take place in locations other than Jeru4 salem. As has been true in the past, officers and employees 

5 of the United States Government may continue to meet 

6 in Jerusalem on other subjects with Palestinians (includ7 ing those who now occupy positions in the Palestinian Au8 thority), have social contacts, and have incidental discus9 sions. 

10 This Act may be cited as the ‘‘Israel Foreign Assist11 ance Appropriations Act, 2010’’. 

Æ 


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