,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hgjg ,,in ,,the ,,house ,,of ,,representatives ,october #cj1 #bjbj,mr4 ,engel 7for himself1 ,mr4 ,deutch1 ,ms4 ,spanberger1 ,mr4 ,malinowski1 ,mr4 ,gottheimer1 ,mr4 ,schneider1 ,ms4 ,wasserman ,schultz1 ,mrs4 ,murphy of ,florida1 ,mr4 ,trone1 ,mr4 ,sherman1 and ,mr4 ,connolly7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs ,a ,,bill ,to require certifications for transfers of certain ,united ,states defense articles and defense services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,middle ,east ,advanced ,military ,technology ,protection ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in ,june #bjag1 the ,assistant ,secretary of ,state for ,political-,military ,affairs testified to ,congress1 ,arms transfers are foreign policy4 ,when we transfer a system or a capability to a foreign partner1 we are affecting regional--or foreign internal--balances of power2 we are sending a signal of support2 and we are establishing or sustaining relationships that may last for generations and provide benefits for an extended period of time44 7#b7 ,for more than #ej years1 the ,united ,states has worked to ensure ,israel's qualitative military edge when considering the sale or export of defense articles and defense services to ,israel or to others in the ,middle ,east region4 7#c7 ,maintaining a substantial qualitative military edge is critical to preserving ,israel's safety and security and has been a vital consideration in all previous sales of weapons to the region4 7#d7 ,congress codified ,united ,states support for ,israel's qualitative military edge as ,united ,states policy in #bjjh in section #bja of ,public ,law #aaj-dbi 7#bb ,u4,s4,c4 #bggf note71 which requires that any proposed ,u4,s4 arms sale to any country in the ,middle ,east other than ,israel must include a notification to ,congress with a determination that the sale or export of such would not adversely affect ,israel's qualitative military edge over military threats to ,israel4 7#e7 ,in #bjaf1 the ,united ,states and ,israel signed a #aj-year ,memorandum of ,understanding1 in which the ,united ,states committed that the acquisition of additional ,u4,s4-produced capabilities and technology provide the best means to ensure ,israel preserves its ,qualitative ,military ,edge 7,,qme74 7#f7 ,in #bjae1 ,vice ,president ,joe ,biden announced ,united ,states intention to transfer the ,f-#ce ,joint ,strike ,fighter to ,israel3 ,what you may not know is that next year1 we will deliver to ,israel the ,f-#ce ,joint ,strike ,fighter--our finest--making ,israel the only country in the ,middle ,east with a fifth-generation aircraft4 ,no other44 7#g7 ,in #bjaf1 ,israel received its first shipment of ,f-#ce ,joint ,strike ,fighter aircraft and on the occasion1 the ,israeli ,defense ,forces stated1 ,as the ,middle ,east grows more and more unstable1 and as groups that threaten to destroy us race to stockpile weapons1 we need to stay a step ahead of the game4 ,the ,f-#ce gives us the edge we need to take on groups and armies with even the most advanced technology44 #c4 ,statement of policy ,it shall be the policy of the ,united ,states that a proposed sale or export of defense articles or defense services must be determined not to adversely affect ,israel's ability to counter and defeat any credible conventional military threat from any individual state or possible coalition of states or from non-state actors1 while sustaining minimal damages and casualties1 through the use of superior military means possessed in sufficient quantity1 including weapons1 command1 control1 communication1 intelligence1 surveillance1 and reconnaissance capabilities that in their technical characteristics are superior in capability to those of such other individual state or possible coalition states or non-state actors1 consistent with section #cf7;h7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;h774 #d4 ,certification on criteria for transfer of covered defense articles and defense services 7a7 ,in general ,subject to subsections 7c7 and 7d71 and notwithstanding any other provision of law1 the ,president may not transfer covered defense articles or defense services to any country in the ,middle ,east other than ,israel until at least #fj days after the date on which the ,president transmits to the appropriate congressional committees a certification described in subsection 7b7 with respect to the proposed transfer4 7b7 ,certification described ,a certification described in this subsection is a certification in writing of the following3 7#a7 ,the recipient country has signed an agreement of peace or normalization with ,israel4 7#b7 ,the transfer of the covered defense articles or defense services includes a determination pursuant to section #cf7;h7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;h774 7#c7 ,the transfer of the covered defense articles or defense services does not present a significant danger of compromising the critical military and technological military advantage such articles or services provide to the ,united ,states ,armed ,forces4 7#d7 ,the transfer of the covered defense articles or defense services will not negatively affect ,israel's qualitative military edge4 7#e7 ,the covered defense articles have been modified to ensure that ,israel is able to identify1 locate1 and continually track such articles while in flight at a distance that is satisfactory to ,israel1 and that the recipient country will not alter such modifications4 7#f7 ,the recipient country has provided specific1 reliable1 and verifiable assurances to the ,united ,states that it will protect the covered defense articles and defense services from theft or diversion of sensitive defense technology to any other country or non-state actor4 7#g7 ,the recipient country has provided specific1 reliable1 and verifiable assurances to the ,united ,states that it will not use the covered defense articles or defense services to commit1 or enable the commission of1 a violation of international humanitarian law or internationally recognized human rights4 7#h7 ,the recipient country has provided specific1 reliable1 and verifiable assurances to the ,united ,states that it will not make transfers of the covered defense articles or defense services to another country or non-state actor without specific authorization from the ,united ,states4 7#i7 ,except as provided in subsection 7e71 the recipient country has provided specific1 reliable1 and verifiable assurances to the ,united ,states that it will employ the covered defense articles and defense services when armed only after consultation with the ,united ,states relating to the mission1 flight plan1 and purpose of use of the articles and services4 7#aj7 ,the ,president has established procedures to continually monitor and verify the compliance of the recipient country with the requirements described in paragraphs 7#a7 through 7#h74 7c7 ,emergency circumstances ,if the ,president determines that an emergency exists which requires the proposed transfer of covered defense articles or defense services to any country in the ,middle ,east other than ,israel1 the ,president shall provide the certification described in subsection 7a7 with respect to the proposed transfer not later than #aj days before the proposed transfer4 7d7 ,failure ,to provide certification ,if the ,president is unable to make the certification described in subsection 7a7 with respect to a proposed transfer of covered defense articles or defense services to any country in the ,middle ,east other than ,israel1 the ,president may not transfer the articles or services to such country4 7e7 ,exception ,the requirements of subsection 7b77#i7 shall not apply with respect to the use of the covered defense articles and defense services in the airspace of the recipient country4 #e4 ,annual certification 7a7 ,in general ,not later than ,february #a of each calendar year following a calendar year in which covered defense articles or defense services have been transferred to any country in the ,middle ,east other than ,israel1 the ,president shall provide a certification to the appropriate congressional committees that the country continues to comply with the requirements described in paragraphs 7#a7 through 7#h7 of section #d7;b74 7b7 ,failure ,to provide certification ,if the ,president is unable to make the certification described in subsection 7a7 with respect to a calendar year1 the ,president may not provide logistic support1 maintenance1 or supply replacement parts to the recipient country for the remainder of such calendar year4 #f4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate4 7#b7 ,covered defense articles and defense services ,the term covered defense articles and defense services means-- 7,a7 the ,f-#ce ,joint ,strike ,fighter aircraft and associated services2 7,b7 any electronic warfare aircraft and associated services2 and 7,c7 any armed unmanned aerial systems and associated services4 7#c7 ,qualitative military edge ,the term qualitative military edge has the meaning given that term in section #cf7;h77#c7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;h77#c774