H.R. 3565 To provide for a limitation on the transfer of defense articles and defense services to Israel.
H.R. 3565 was introduced on May 21st by REP Delia Ramirez (D-IL). It is currently pending before the House Foreign Affairs Committee.
Related legislation: N/A
Bill Summary: H.R.3565 would prohibit the transfer or export of a set of seven weapon types to Israel (specifically, BLU–109 bunker busting bombs, MK80 series bomb variants, GBU–39 small diameter bomb variants, Joint Direct Attack Munitions (JDAM), SPICE gliding bomb assemblies, 120mm tank ammunition, and 155mm artillery ammunition, including white phosphorus munitions) unless Congress passes a further law identifying the purpose of those arms in line with Section 4 of the Arms Export Control Act (22 USC 2754) and unless Israel provides written assurances that such weapons will only be used in accordance with that law and consistent with various existing statutory requirements, as well as international humanitarian law. The Bill does not include any form of waiver. The Bill would prohibit future transfers under the Foreign Military Sales process, including of defense articles already authorized for transfer, and would also prohibit the issuance of new export licenses, but it would not prevent the shipment of such articles under existing export licenses.
Context: Since October 2023 the weapons proscribed under this Bill have directly caused the vast majority of kinetic injuries and deaths in Gaza, including in a number of incidents specifically identified as being war crimes by credible international organizations including Amnesty International and Human Rights Watch. This Bill is crafted to target those lethal items that pose the greatest physical danger to civilians in Gaza, and does not restrict sales of defensive weapons such as Tamir Iron Dome interceptors.
American Values Analysis: As the opening clause of the Arms Export Control Act states, “[A]n ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully.” Israel’s use of American defense articles to kill civilians in violation of international and U.S. law leaves a lasting stain on the credibility of core American values. This Bill marks an important point of departure to bring our defense trade in line with them.
American Interest Analysis: The sale of vast numbers of American weaponry to Israel, and the latter’s visible misuse of those articles to kill thousands of innocent civilians has done real and lasting harm to American interests around the world, from our credibility on pressing our adversaries on their human rights record, to the destruction we are doing to the international rules based order, and our own rule of law. The continued transfer of these arms only further deepens our complicity in these crimes, and therefore this Bill, that aims to suspend among the most egregious transfers, is in our national interest.
A New Policy’s Recommendation: SUPPORT
A New Policy supports H.R.3565 because it would impose a much-needed check on a select list of the U.S.-origin weapons most directly implicated in civilian harm in Gaza. A New Policy notes that the standard of “assurances satisfactory to the President” sets a potentially low bar, and that the requirement for further legislation and Congressional votes on the purposes of arms transferred creates a process hurdle that may be duplicative with existing law. A New Policy recommends the bill to be amended to close the loophole that permits shipments under open license authorizations, and to replace the two-step process (assurances and legislation of purposes) with a simpler process, perhaps a Congressional vote on whether it finds the assurances satisfactory.
For more information please contact: Josh Paul, info@anewpolicy.org, (202) 770-0055
