Does Biden want Israeli arms deals to be done in secret?

The Biden administration has sought $14.3 billion in assistance to Israel as it progresses with its siege, bombardment and ground invasion of the Gaza Strip that has been ongoing since 7 October.

The initial legislation combined aid to Israel, interests in the Indo-Pacific, humanitarian aid to Gaza and Ukraine, and to the US border force in Mexico in a $106 billion package.

However, the legislation which was sent to Congress for approval on 20 October was changed from its initial proposals by the Republican-led House of Representatives, with only aid to Israel included in the bill alongside financial cuts to the Internal Revenue Service.

A Congressional Waiver

One part of the initial proposal that remained in the bill however was a congressional waiver for $3.5 billion aid to Israel as part of the Foreign Military Financing (FMF) program intended to enable the purchase of weapons and defence services by foreign states.

The waiver intends to allow the Israeli government to purchase arms and services from the US government or the US defence industry in secrecy, without congressional notification nor approval.

The measure, which was first reported by the US publication In These Times, frames the waiver as part of an "emergency response" which would last through to September 2025, meaning Israel would be able to use said funds at any time until that date.

However, In These Times also reports that the Israeli government can set the £3.5 billion for future use beyond 2025, "effectively giving Israel a blank pass for arms purchases without recurring Congressional notification".

Israel is currently the largest recipient of US foreign aid, with military aid to the country in 2023 amounting to $3.8 billion as part of a 10-year memorandum consisting of $38 billion in military aid covering the financial years of 2019 through to 2028.

That $3.8 billion is split into $3.3 billion of FMF, and $500 million in joint missile defence programs such as Israel's Iron Dome program.

The current proposals to give Israel an added $3.5 billion of FMF without congressional oversight is greater than the current designated FMF that Israel received in 2023, and doubles the FMF allocation overall.

According to Josh Paul, who was quoted by In These Times, the proposal is "an insult to Congressional oversight prerogatives."

Paul was the former director of congressional and public affairs for the State Department's Bureau of Political-Military Affairs.

He recently resigned from the State Department in protest of the Biden administration's unilateral support to Israel in its war on Gaza which has so far killed over 9,488 Palestinians, including 3,900 children.

"It removes that mechanism for Congress to actually understand what is being transferred at the time it is being transferred," he said.

A Congressional hiccup

Although the waiver was included in the recent Republican-backed bill that would send $14.3 billion in aid to Israel, it only passed with a 226-196 majority, with most House Democrats voting against the bill.

The bill has also been staunchly criticised by Senate Democrats, with Senate majority leader Chuck Schumer saying he would not bring the legislation for a vote in the Senate. President Joe Biden also promised to veto the bill if passed through Congress.

However, that criticism was directed at the splitting of the initial bill, with aid to Israel receiving criticism from only a minority of members of Congress, including Rashida Tlaib who stated that "instead of funding more bombs with American taxpayer dollars, our leaders should be calling for a ceasefire now, before this violence claims thousands more lives".

The initiative comes as the US has been ramping up military aid to Israel, with the US sending military vehicles, systems for the Iron Dome and tens of thousands of artillery shells to Israel in a bid to ensure Israel continues its military campaign and deter against the opening of a second front.

US support for Israel has received mounting criticism internationally, with five Arab foreign ministers set to meet Secretary of State Anthony Blinken and call for an immediate ceasefire.

There has also been a flurry of reports from the State Department about disgruntlement over current US policy, with Huffpost reporting on Friday that Blinken met with department officials over the issue.