To provide for a limitation on the transfer of defense articles and defense services to Israel.
H.R. 3565 would impose a tight limitation on the United States’ ability to sell, transfer, or license the export of certain defense articles and related defense services to Israel. Before any such transfer can occur, the bill requires Congress to enact a law identifying the specific purposes for which these articles may be used, and requires written assurances from the Government of Israel that the transfers will be used only for those identified purposes and in a manner consistent with U.S. law and international humanitarian and human rights standards, as well as bilateral agreements. The listed defense articles are a defined set of munitions and related components (see below). In short, transfers of these items would be blocked unless Congress passes a law specifying purposes and Israel provides satisfactory assurances about how the items will be used.
Key Points
- 1Hard transfer restriction: The President may not sell, transfer, or license the export of certain defense articles or related defense services to Israel unless a new law identifies approved purposes and Israel provides written assurances of proper use.
- 2Legal framework references: The restriction applies under authorities in the Arms Export Control Act (AECA) and the Foreign Assistance Act of 1961 (FAA), with oversight aligned to the Foreign Military Sales Act section 4 and 620M(c) of the FAA.
- 3Defined defense articles: The bill covers specific items, including:
- 4- BLU-109 bunker busting bombs
- 5- MK80 series bomb variants
- 6- GBU-39 small diameter bombs (including Increment I)
- 7- Joint Direct Attack Munition (JDAM) assemblies
- 8- SPICE gliding bomb assemblies
- 9- 120mm tank ammunition
- 10- 155mm artillery ammunition (including white phosphorus munitions)
- 11Assurances required: Israel must provide written assurances to the President that these articles will be used only for the identified purposes and in ways consistent with U.S. laws and international law, including international humanitarian law, human rights law, and relevant bilateral agreements.
- 12Purpose and compliance emphasis: Any use must align with the purposes identified by the new law and with the goals and principles governing arms transfers under AECA and FAA.