HR3565-119

What This Bill Does

This bill limits transfer of defense articles and services to Israel. Notwithstanding other law, the President may not sell, transfer, or license export of covered defense articles or directly related defense services under the Arms Export Control Act or Foreign Assistance Act to the Government of Israel or its agencies or instrumentalities unless two conditions are met. First, Congress must enact a law identifying the specific purpose or purposes for which the articles or services may be used under the general purposes of section 4 of the Foreign Military Sales Act. Second, Israel must give written assurances satisfactory to the President that the articles and services will be used for those specific purposes and consistent with the Arms Export Control Act, Foreign Assistance Act, Leahy law goals and principles, international humanitarian law, international human rights law, and relevant bilateral agreements. Covered articles include BLU-109 bunker-busting bombs, MK80 bomb variants, GBU-39 small diameter bomb variants including Increment I, JDAM assemblies, SPICE gliding bomb assemblies, 120mm tank ammunition, and 155mm artillery ammunition including white phosphorus munitions.

Who Benefits and How

Congress benefits because covered arms transfers require a new law identifying specific purposes. Human rights monitors benefit from written-assurance conditions tied to humanitarian and human-rights law. Palestinian civilians may benefit if restrictions reduce use of listed munitions in unlawful or harmful ways. Arms-control advocates benefit from tighter statutory conditions on specified U.S. weapons transfers.

Who Bears the Burden and How

The Government of Israel loses access to listed U.S. munitions unless congressional-purpose and written-assurance conditions are met. U.S. defense exporters face blocked or delayed sales of BLU-109, MK80, GBU-39, JDAM, SPICE, tank, and artillery items. The President must withhold sales, transfers, or export licenses unless statutory conditions are satisfied. State Department and Defense Security Cooperation Agency staff must enforce the limitation.

Key Provisions

• Prohibits covered defense article and service transfers to Israel absent a specific authorizing law.
• Requires written Israeli assurances on authorized purposes, arms-export law, human-rights law, humanitarian law, and bilateral agreements.
• Covers BLU-109, MK80, GBU-39, JDAM, SPICE, 120mm tank ammunition, and 155mm artillery ammunition.
• Applies notwithstanding other law to Arms Export Control Act and Foreign Assistance Act transfers and licenses.