PolicyBrief
H.R. 3565
119th CongressMay 21st 2025
To provide for a limitation on the transfer of defense articles and defense services to Israel.
IN COMMITTEE

This bill restricts the transfer of specific offensive military articles and defense services to Israel until Congress authorizes their use for specified purposes and Israel provides written assurances of compliance with international law.

Delia Ramirez
D

Delia Ramirez

Representative

IL-3

LEGISLATION

Congress Moves to Halt Transfer of Specific Munitions to Israel, Including JDAMs and Bunker Busters

This legislation puts a serious, specific hold on the President’s ability to transfer certain high-impact military gear and services to Israel. We’re talking about an explicit list of items: BLU-109 bunker busting bombs, various MK80 and GBU-39 bomb variants, Joint Direct Attack Munition (JDAM) assemblies, and 120mm tank and 155mm artillery ammunition (including white phosphorus munitions). Essentially, the bill says 'stop' on these transfers until two major conditions are met.

The first condition is that Congress must pass a brand new law that spells out the exact purpose for which Israel can use those specific items. It can’t be a general authorization; it has to be a specific use case tied to the Foreign Military Sales Act. The second condition is that Israel must provide written assurances—which the President must deem satisfactory—that they will only use the gear for those Congressionally approved purposes. Crucially, they also have to guarantee they will follow international humanitarian law, international human rights law, and all existing agreements between the two nations.

The New Congressional Chaperone

This bill is less about stopping aid entirely and more about inserting Congress directly into the supply chain for specific, sensitive weapons. For the Executive Branch, this is a major constraint. Currently, the President has broad authority to manage foreign military sales. This bill carves out a specific list of items—all high-end offensive munitions—and says that authority is now conditional. If you’re in the State Department or the Pentagon, your ability to quickly respond to a request for, say, JDAM assemblies (the guidance kits that turn dumb bombs into precision weapons) is now tied up in a new, mandatory Congressional vote.

High-Impact Gear on the Bench

The list of affected gear is not arbitrary; it includes some of the most powerful and controversial items in the U.S. arsenal. Take the BLU-109 bunker busters or the JDAM assemblies. These are the tools used for precision strikes against hardened targets. By requiring a specific law for their transfer, the bill ensures that the purpose of their use is debated and approved publicly by Congress. For the Israeli government and military, this means potential delays in receiving crucial supplies, which directly impacts their operational planning and ability to prosecute conflicts using these specific American-made tools. If you’re a US defense contractor that manufactures these specific munitions, this legislative hurdle could mean a pause on export licenses and a slowdown in sales until the new Congressional law is passed.

The Fine Print on International Law

One of the most significant requirements is the demand for satisfactory written assurances from Israel regarding adherence to international humanitarian law (IHL) and human rights law. While all U.S. military aid is generally supposed to comply with existing laws, this bill makes the assurance explicit and mandatory before the transfer of these specific items. This provision aims to increase accountability for the end-use of the weapons. However, the requirement that the President must find these assurances “satisfactory” introduces a subjective element. This means the President retains significant political power to decide if the assurances meet the standard, potentially creating political friction regardless of the actual content of the assurances. This is where the rubber meets the road: the bill shifts the power balance, giving Congress veto power over the purpose of the items, while leaving the President with the subjective power to judge the compliance assurances.