[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3176 Reported in Senate (RS)]
<DOC>
Calendar No. 463
116th CONGRESS
2d Session
S. 3176
To amend the Foreign Assistance Act of 1961 and the United States-
Israel Strategic Partnership Act of 2014 to make improvements to
certain defense and security assistance provisions and to authorize the
appropriations of funds to Israel, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2020
Mr. Rubio (for himself, Mr. Coons, Ms. Collins, Mr. Kaine, Mr. Blunt,
Mr. Jones, Mrs. Capito, Ms. Duckworth, Mr. Tillis, Mr. Blumenthal, Mr.
Boozman, Mr. Markey, Mr. Grassley, Ms. Klobuchar, Mr. Cramer, Mr.
Young, Mr. Hawley, Mrs. Shaheen, Ms. Hassan, Mrs. Hyde-Smith, Mr.
Cardin, Mr. Casey, Mr. Wicker, Mr. Booker, Mrs. Loeffler, Mrs.
Gillibrand, Mr. Perdue, Mr. Warner, Mr. Braun, Mr. Tester, Ms. Smith,
Mr. Cornyn, Ms. Hirono, Mr. Lankford, Mr. Scott of South Carolina, Mr.
Moran, Mr. Wyden, Mr. Thune, and Ms. Rosen) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
June 3, 2020
Reported by Mr. Risch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Foreign Assistance Act of 1961 and the United States-
Israel Strategic Partnership Act of 2014 to make improvements to
certain defense and security assistance provisions and to authorize the
appropriations of funds to Israel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``United
States-Israel Security Assistance Authorization Act of
2020''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definition.
<DELETED>TITLE I--SECURITY ASSISTANCE FOR ISRAEL
<DELETED>Sec. 101. Findings.
<DELETED>Sec. 102. Statement of policy.
<DELETED>Sec. 103. Security assistance for Israel.
<DELETED>Sec. 104. Extension of war reserves stockpile authority.
<DELETED>Sec. 105. Extension of loan guarantees to Israel.
<DELETED>Sec. 106. Transfer of precision guided munitions to Israel.
<DELETED>Sec. 107. Sense of Congress on rapid acquisition and
deployment procedures.
<DELETED>Sec. 108. Eligibility of Israel for the strategic trade
authorization exception to certain export
control licensing requirements.
<DELETED>TITLE II--ENHANCED UNITED STATES-ISRAEL COOPERATION
<DELETED>Sec. 201. United States Agency for International Development
memoranda of understanding to enhance
cooperation with Israel.
<DELETED>Sec. 202. Cooperative projects among the United States,
Israel, and developing countries.
<DELETED>Sec. 203. Joint cooperative program related to innovation and
high-tech for the Middle East region.
<DELETED>Sec. 204. Sense of Congress on United States-Israel economic
cooperation.
<DELETED>Sec. 205. Cooperation on directed energy capabilities.
<DELETED>Sec. 206. Contingency plans to provide Israel with necessary
defense articles and services.
<DELETED>SEC. 2. DEFINITION.</DELETED>
<DELETED> In this Act, the term ``appropriate congressional
committees'' means--</DELETED>
<DELETED> (1) the Committee on Foreign Relations of the
Senate;</DELETED>
<DELETED> (2) the Committee on Armed Services of the
Senate;</DELETED>
<DELETED> (3) the Committee on Foreign Affairs of the House
of Representatives; and</DELETED>
<DELETED> (4) the Committee on Armed Services of the House
of Representatives.</DELETED>
<DELETED>TITLE I--SECURITY ASSISTANCE FOR ISRAEL</DELETED>
<DELETED>SEC. 101. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) On September 14, 2016, the United States and
Israel signed a 10-year Memorandum of Understanding to reaffirm
the importance of continuing annual United States military
assistance to Israel and cooperative missile defense programs
in a way that enhances Israel's security and strengthens the
bilateral relationship between the 2 countries.</DELETED>
<DELETED> (2) The 2016 Memorandum of Understanding reflects
United States support of Foreign Military Financing grant
assistance to Israel over a 10-year period beginning in fiscal
year 2019 and ending in fiscal year 2028.</DELETED>
<DELETED> (3) The 2016 Memorandum of Understanding also
reflects United States support for funding for cooperative
programs to develop, produce, and procure missile, rocket, and
projectile defense capabilities during such 10-year period at
an average funding level of $500,000,000 per year, totaling
$5,000,000,000 for such period.</DELETED>
<DELETED>SEC. 102. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States to provide
assistance to the Government of Israel to help Israel to defend itself
by developing long-term capacity, primarily through the acquisition of
advanced capabilities from the United States.</DELETED>
<DELETED>SEC. 103. SECURITY ASSISTANCE FOR ISRAEL.</DELETED>
<DELETED> Section 513(c) of the Security Assistance Act of 2000
(Public Law 106-280; 114 Stat. 856) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``2002 and
2003'' and inserting ``2020, 2021, 2022, 2023, 2024, 2025,
2026, 2027, and 2028'';</DELETED>
<DELETED> (2) in paragraph (2), by striking ``equal to--''
and all that follows and inserting ``not less than
$3,300,000,000.''; and</DELETED>
<DELETED> (3) by amending paragraph (3) to read as
follows:</DELETED>
<DELETED> ``(3) Disbursement of funds.--Amounts authorized
to be available for Israel under paragraph (1) and subsection
(b)(1) for fiscal years 2020, 2021, 2022, 2023, 2024, 2025,
2026, 2027, and 2028 shall be disbursed not later than 30 days
after the date of the enactment of an Act making appropriations
for the Department of State, foreign operations, and related
programs for the respective fiscal year, or October 31 of the
respective fiscal year, whichever is later.''.</DELETED>
<DELETED>SEC. 104. EXTENSION OF WAR RESERVES STOCKPILE
AUTHORITY.</DELETED>
<DELETED> (a) Department of Defense Appropriations Act, 2005.--
Section 12001(d) of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 1011) is amended by striking ``more than
11 years after the date of the enactment of this Act'' and inserting
``after September 30, 2025''.</DELETED>
<DELETED> (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is
amended by striking ``2013, 2014, 2015, 2016, 2017, 2018, 2019, and
2020'' and inserting ``2020, 2021, 2022, 2023, 2024, and
2025''.</DELETED>
<DELETED>SEC. 105. EXTENSION OF LOAN GUARANTEES TO ISRAEL.</DELETED>
<DELETED> Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended
under the heading ``Loan Guarantees to Israel''--</DELETED>
<DELETED> (1) in the matter preceding the first proviso, by
striking ``September 30, 2019'' and inserting ``September 30,
2025''; and</DELETED>
<DELETED> (2) in the second proviso, by striking ``September
30, 2019'' and inserting ``September 30, 2025''.</DELETED>
<DELETED>SEC. 106. TRANSFER OF PRECISION GUIDED MUNITIONS TO
ISRAEL.</DELETED>
<DELETED> (a) In General.--Notwithstanding section 514 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President is
authorized to transfer to Israel precision guided munitions from
reserve stocks for Israel in such quantities as may be necessary for
legitimate self-defense of Israel and is otherwise consistent with the
purposes and conditions for such transfers under the Arms Export
Control Act (22 U.S.C. 2751 et seq.).</DELETED>
<DELETED> (b) Certifications.--Except in case of emergency, as
determined by the President, not later than 5 days before making a
transfer under subsection (a), the President shall certify to the
appropriate congressional committees that the transfer of the precision
guided munitions--</DELETED>
<DELETED> (1) does not affect the ability of the United
States to maintain a sufficient supply of precision guided
munitions;</DELETED>
<DELETED> (2) does not harm the combat readiness of the
United States or the ability of the United States to meet its
commitment to allies for the transfer of such
munitions;</DELETED>
<DELETED> (3) is necessary for Israel to counter the threat
of rockets in a timely fashion; and</DELETED>
<DELETED> (4) is in the national security interest of the
United States.</DELETED>
<DELETED>SEC. 107. SENSE OF CONGRESS ON RAPID ACQUISITION AND
DEPLOYMENT PROCEDURES.</DELETED>
<DELETED> It is the sense of Congress that the President should--
</DELETED>
<DELETED> (1) prescribe procedures for the rapid acquisition
and deployment of precision guided munitions for United States
counterterrorism missions; or</DELETED>
<DELETED> (2) assist Israel, which is an ally of the United
States, to protect itself against direct missile
threats.</DELETED>
<DELETED>SEC. 108. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE
AUTHORIZATION EXCEPTION TO CERTAIN EXPORT CONTROL
LICENSING REQUIREMENTS.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (1) Israel has adopted high standards in the field
of weapons export controls.</DELETED>
<DELETED> (2) Israel has declared its unilateral adherence
to the Missile Technology Control Regime, the Australia Group,
and the Nuclear Suppliers Group.</DELETED>
<DELETED> (3) Israel is a party to--</DELETED>
<DELETED> (A) the Protocol for the Prohibition of
the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare,
signed at Geneva June 17, 1925 (commonly known as the
``Geneva Protocol''); and</DELETED>
<DELETED> (B) the Convention on the Physical
Protection of Nuclear Material, signed at Vienna and
New York March 3, 1980.</DELETED>
<DELETED> (4) Section 6(b) of the United States-Israel
Strategic Partnership Act of 2014 (22 U.S.C. 8603 note) directs
the President, consistent with the commitments of the United
States under international agreements, to take steps so that
Israel may be included in the list of countries eligible for
the strategic trade authorization exception under section
740.20(c)(1) of title 15, Code of Federal Regulations, to the
requirement for a license for the export, re-export, or in-
country transfer of an item subject to controls under the
Export Administration Regulations.</DELETED>
<DELETED> (b) Report on Eligibility for Strategic Trade
Authorization Exception.--</DELETED>
<DELETED> (1) In general.--Not later than 120 days after the
date of the enactment of this Act, the President shall submit a
report to the appropriate congressional committees that
describes the steps taken to include Israel in the list of
countries eligible for the strategic trade authorization
exception under section 740.20(c)(1) of title 15, Code of
Federal Regulations, as required under section 6(b) of the
United States-Israel Strategic Partnership Act of 2014 (Public
Law 113-296).</DELETED>
<DELETED> (2) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.</DELETED>
<DELETED>TITLE II--ENHANCED UNITED STATES-ISRAEL COOPERATION</DELETED>
<DELETED>SEC. 201. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MEMORANDA OF UNDERSTANDING TO ENHANCE COOPERATION WITH
ISRAEL.</DELETED>
<DELETED> (a) Sense of Congress Regarding USAID Policy.--It is the
sense of Congress that the United States Agency for International
Development should cooperate with Israel to advance common goals across
a wide variety of sectors, including energy, agriculture, food
security, democracy, human rights, governance, economic growth, trade,
education, environment, global health, water, and sanitation.</DELETED>
<DELETED> (b) Memoranda of Understanding.--The Secretary of State,
acting through the Administrator of the United States Agency for
International Development, may enter into memoranda of understanding
with Israel to advance common goals on energy, agriculture, food
security, democracy, human rights, governance, economic growth, trade,
education, environment, global health, water, and sanitation, with a
focus on strengthening mutual ties and cooperation with nations
throughout the world.</DELETED>
<DELETED>SEC. 202. COOPERATIVE PROJECTS AMONG THE UNITED STATES,
ISRAEL, AND DEVELOPING COUNTRIES.</DELETED>
<DELETED> Section 106 of the Foreign Assistance Act of 1961 (22
U.S.C. 2151d) is amended by striking subsection (e) and (f) and
inserting the following:</DELETED>
<DELETED> ``(e) There are authorized to be appropriated $2,000,000
for each of the fiscal years 2020 through 2024 to finance cooperative
projects among the United States, Israel, and developing countries that
identify and support local solutions to address sustainability
challenges relating to water resources, agriculture, and energy
storage, including--</DELETED>
<DELETED> ``(1) establishing public-private
partnerships;</DELETED>
<DELETED> ``(2) supporting the identification, research,
development testing, and scaling of innovations that focus on
populations that are vulnerable to environmental and resource-
scarcity crises, such as subsistence farming
communities;</DELETED>
<DELETED> ``(3) seed or transition-to-scale funding,
publicity and marketing promotional support, or mentorship and
partnership brokering support; and</DELETED>
<DELETED> ``(4) accelerating demonstrations or applications
of local solutions to sustainability challenges, or the further
refinement, testing, or implementation of innovations that have
previously effectively addressed sustainability
challenges.''.</DELETED>
<DELETED>SEC. 203. JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION AND
HIGH-TECH FOR THE MIDDLE EAST REGION.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (1) the United States should help foster
cooperation in the Middle East region by financing and, as
appropriate, cooperating in projects related to innovation and
advanced technologies; and</DELETED>
<DELETED> (2) projects referred to in paragraph (1) should--
</DELETED>
<DELETED> (A) contribute to development and the
quality of life in the Middle East region through the
application of research and advanced technology;
and</DELETED>
<DELETED> (B) contribute to Arab-Israeli cooperation
by establishing strong working relationships that last
beyond the life of such projects.</DELETED>
<DELETED> (b) Establishment.--The Secretary of State, acting through
the Administrator of the United States Agency for International
Development, is authorized to seek to establish a program between the
United States, Israel, Egypt, Jordan, Morocco, Tunisia, Lebanon, and
the West Bank and Gaza Strip to provide for cooperation in the Middle
East region by financing and, as appropriate, cooperating in projects
related to innovation and advanced technologies.</DELETED>
<DELETED> (c) Project Requirements.--Each project carried out under
the program established pursuant to subsection (b)--</DELETED>
<DELETED> (1) shall include the participation of at least 1
entity from Israel and 1 entity of Egypt, Jordan, Morocco,
Tunisia, Lebanon, and the West Bank and Gaza Strip;
and</DELETED>
<DELETED> (2) should include participation from not fewer
than 3 or more such entities to the maximum extent
practicable.</DELETED>
<DELETED>SEC. 204. SENSE OF CONGRESS ON UNITED STATES-ISRAEL ECONOMIC
COOPERATION.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) the United States-Israel economic
partnership--</DELETED>
<DELETED> (A) has achieved great tangible and
intangible benefits to both countries; and</DELETED>
<DELETED> (B) is a foundational component of the
strong alliance;</DELETED>
<DELETED> (2) science and technology innovations present
promising new frontiers for United States-Israel economic
cooperation, particularly in light of widespread drought,
cybersecurity attacks, and other major challenges impacting the
United States; and</DELETED>
<DELETED> (3) the President should regularize and expand
existing forums of economic dialogue with Israel and foster
both public and private sector participation.</DELETED>
<DELETED>SEC. 205. COOPERATION ON DIRECTED ENERGY
CAPABILITIES.</DELETED>
<DELETED> (a) Authority.--</DELETED>
<DELETED> (1) In general.--The Secretary of Defense, upon a
request from the Ministry of Defense of Israel, and with the
concurrence of the Secretary of State, is authorized to carry
out research, development, test, and evaluation activities, on
a joint basis with Israel, to establish directed energy
capabilities that address threats to the United States,
deployed forces of the United States, or Israel. Any activities
carried out under this paragraph shall be conducted in a manner
that appropriately protects sensitive information, the national
security interests of the United States, and the national
security interests of Israel.</DELETED>
<DELETED> (2) Report.--The activities described in paragraph
(1) may be carried out after the Secretary of Defense submits a
report to the appropriate congressional committees that
includes--</DELETED>
<DELETED> (A) a memorandum of agreement between the
United States and Israel regarding sharing of research
and development costs for the capabilities described in
paragraph (1), and any supporting documents;
and</DELETED>
<DELETED> (B) a certification that the memorandum of
agreement referred to in subparagraph (A)--</DELETED>
<DELETED> (i) requires sharing of costs of
projects, including in-kind support, between
the United States and Israel;</DELETED>
<DELETED> (ii) establishes a framework to
negotiate the rights to any intellectual
property developed under the memorandum of
agreement; and</DELETED>
<DELETED> (iii) requires the United States
Government to receive semiannual reports on
expenditure of funds, if any, by the Government
of Israel, including--</DELETED>
<DELETED> (I) a description of what
the funds have been used for and when
funds were expended; and</DELETED>
<DELETED> (II) the identification of
entities that expended such
funds.</DELETED>
<DELETED> (b) Support in Connection With Activities.--</DELETED>
<DELETED> (1) In general.--The Secretary of Defense is
authorized to provide maintenance and sustainment support to
Israel for the directed energy capabilities research,
development, test, and evaluation activities authorized under
subsection (a)(1), including the installation of equipment that
is necessary to carry out such research, development, test, and
evaluation.</DELETED>
<DELETED> (2) Report.--The support described in paragraph
(1) may not be provided until 15 days after the Secretary of
Defense submits a report to the appropriate congressional
committees that describes in detail the support to be
provided.</DELETED>
<DELETED> (3) Matching contribution.--The support described
in paragraph (1) may not be provided unless the Secretary of
Defense certifies to the appropriate congressional committees
that the Government of Israel will contribute to such support--
</DELETED>
<DELETED> (A) an amount equal to not less than the
amount of support to be so provided; or</DELETED>
<DELETED> (B) an amount that otherwise meets the
best efforts of Israel, as mutually agreed to by the
United States and Israel.</DELETED>
<DELETED> (c) Lead Agency.--The Secretary of Defense shall designate
an appropriate research and development entity of a military department
as the lead agency of the Department of Defense in carrying out this
section.</DELETED>
<DELETED> (d) Semiannual Report.--The Secretary of Defense shall
submit a semiannual report to the appropriate congressional committees
that includes the most recent semiannual report provided by the
Government of Israel to the Department of Defense pursuant to
subsection (a)(2)(B)(iii).</DELETED>
<DELETED>SEC. 206. CONTINGENCY PLANS TO PROVIDE ISRAEL WITH NECESSARY
DEFENSE ARTICLES AND SERVICES.</DELETED>
<DELETED> (a) In General.--The President, acting through the
Secretary of Defense and in consultation with the Secretary of State,
shall establish and update, as appropriate, contingency plans to
provide Israel with defense articles and services that are determined
by the Secretary of Defense to be necessary for the defense of
Israel.</DELETED>
<DELETED> (b) Congressional Briefing.--Not later than 1 year after
the date of the enactment of this Act, and annually thereafter, the
Secretary of Defense, in consultation with the Secretary of State,
shall brief the appropriate congressional committees regarding the
status of the contingency plans required under subsection
(a).</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-
Israel Security Assistance Authorization Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
TITLE I--SECURITY ASSISTANCE FOR ISRAEL
Sec. 101. Findings.
Sec. 102. Statement of policy.
Sec. 103. Security assistance for Israel.
Sec. 104. Extension of war reserves stockpile authority.
Sec. 105. Extension of loan guarantees to Israel.
Sec. 106. Transfer of precision guided munitions to Israel.
Sec. 107. Sense of Congress on rapid acquisition and deployment
procedures.
Sec. 108. Eligibility of Israel for the strategic trade authorization
exception to certain export control
licensing requirements.
TITLE II--ENHANCED UNITED STATES-ISRAEL COOPERATION
Sec. 201. United States Agency for International Development memoranda
of understanding to enhance cooperation
with Israel.
Sec. 202. Cooperative projects among the United States, Israel, and
developing countries.
Sec. 203. Joint cooperative program related to innovation and high-tech
for the Middle East region.
Sec. 204. Sense of Congress on United States-Israel economic
cooperation.
Sec. 205. Cooperation on directed energy capabilities.
Sec. 206. Contingency plans to provide Israel with necessary defense
articles and services.
Sec. 207. Other matters of cooperation.
SEC. 2. DEFINITION.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Armed Services of the House of
Representatives.
TITLE I--SECURITY ASSISTANCE FOR ISRAEL
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) On September 14, 2016, the United States and Israel
signed a 10-year Memorandum of Understanding to reaffirm the
importance of continuing annual United States military
assistance to Israel and cooperative missile defense programs
in a way that enhances Israel's security and strengthens the
bilateral relationship between the 2 countries.
(2) The 2016 Memorandum of Understanding reflects United
States support of Foreign Military Financing grant assistance
to Israel over a 10-year period beginning in fiscal year 2019
and ending in fiscal year 2028.
(3) The 2016 Memorandum of Understanding also reflects
United States support for funding for cooperative programs to
develop, produce, and procure missile, rocket, and projectile
defense capabilities during such 10-year period at an average
funding level of $500,000,000 per year, totaling $5,000,000,000
for such period.
SEC. 102. STATEMENT OF POLICY.
It is the policy of the United States to provide assistance to the
Government of Israel for the development and acquisition of advanced
capabilities that Israel requires to meet its security needs and to
enhance United States capabilities.
SEC. 103. SECURITY ASSISTANCE FOR ISRAEL.
Section 513(c) of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 856) is amended--
(1) in paragraph (1), by striking ``2002 and 2003'' and
inserting ``2021, 2022, 2023, 2024, 2025, 2026, 2027, and
2028'';
(2) in paragraph (2), by striking ``equal to--'' and all
that follows and inserting ``not less than $3,300,000,000.'';
and
(3) by amending paragraph (3) to read as follows:
``(3) Disbursement of funds.--Amounts authorized to be
available for Israel under paragraph (1) and subsection (b)(1)
for fiscal years 2021, 2022, 2023, 2024, 2025, 2026, 2027, and
2028 shall be disbursed not later than 30 days after the date
of the enactment of an Act making appropriations for the
Department of State, foreign operations, and related programs
for the respective fiscal year, or October 31 of the respective
fiscal year, whichever is later.''.
SEC. 104. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--Section
12001(d) of the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011) is amended by striking ``September 30,
2020'' and inserting ``after September 30, 2025''.
(b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020'' and
inserting ``2021, 2022, 2023, 2024, and 2025''.
SEC. 105. EXTENSION OF LOAN GUARANTEES TO ISRAEL.
Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended
under the heading ``Loan Guarantees to Israel''--
(1) in the matter preceding the first proviso, by striking
``September 30, 2023'' and inserting ``September 30, 2025'';
and
(2) in the second proviso, by striking ``September 30,
2023'' and inserting ``September 30, 2025''.
SEC. 106. TRANSFER OF PRECISION GUIDED MUNITIONS TO ISRAEL.
(a) In General.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized
to transfer to Israel precision guided munitions from reserve stocks
for Israel in such quantities as may be necessary for legitimate self-
defense of Israel and is otherwise consistent with the purposes and
conditions for such transfers under the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(b) Certifications.--Except in case of emergency, as determined by
the President, not later than 5 days before making a transfer under
subsection (a), the President shall certify to the appropriate
congressional committees that the transfer of the precision guided
munitions--
(1) does not affect the ability of the United States to
maintain a sufficient supply of precision guided munitions;
(2) does not harm the combat readiness of the United States
or the ability of the United States to meet its commitment to
allies for the transfer of such munitions;
(3) is necessary for Israel to counter the threat of
rockets in a timely fashion; and
(4) is in the national security interest of the United
States.
SEC. 107. SENSE OF CONGRESS ON RAPID ACQUISITION AND DEPLOYMENT
PROCEDURES.
It is the sense of Congress that the President should--
(1) prescribe procedures for the rapid acquisition and
deployment of precision guided munitions for United States
counterterrorism missions; or
(2) assist Israel, which is an ally of the United States,
to protect itself against direct missile threats.
SEC. 108. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION
EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING
REQUIREMENTS.
(a) Findings.--Congress finds the following:
(1) Israel has adopted high standards in the field of
weapons export controls.
(2) Israel has declared its unilateral adherence to the
Missile Technology Control Regime, the Australia Group, and the
Nuclear Suppliers Group.
(3) Israel is a party to--
(A) the Protocol for the Prohibition of the Use in
War of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare, signed at Geneva
June 17, 1925 (commonly known as the ``Geneva
Protocol'');
(B) the Convention on the Physical Protection of
Nuclear Material, signed at Vienna and New York March
3, 1980; and
(C) the Convention on Prohibitions or Restrictions
on the Use of Certain Conventional Weapons Which may be
Deemed to be Excessively Injurious or to Have
Indiscriminate Effects, signed at Geneva October 10,
1980.
(4) Section 6(b) of the United States-Israel Strategic
Partnership Act of 2014 (22 U.S.C. 8603 note) directs the
President, consistent with the commitments of the United States
under international agreements, to take steps so that Israel
may be included in the list of countries eligible for the
strategic trade authorization exception under section
740.20(c)(1) of title 15, Code of Federal Regulations, to the
requirement for a license for the export, re-export, or in-
country transfer of an item subject to controls under the
Export Administration Regulations.
(b) Briefing on Eligibility for Strategic Trade Authorization
Exception.--Not later than 120 days after the date of the enactment of
this Act, the President shall brief the appropriate congressional
committees by describing the steps taken to include Israel in the list
of countries eligible for the strategic trade authorization exception
under section 740.20(c)(1) of title 15, Code of Federal Regulations, as
required under section 6(b) of the United States-Israel Strategic
Partnership Act of 2014 (Public Law 113-296).
TITLE II--ENHANCED UNITED STATES-ISRAEL COOPERATION
SEC. 201. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MEMORANDA
OF UNDERSTANDING TO ENHANCE COOPERATION WITH ISRAEL.
(a) Findings.--Congress finds that the United States Agency for
International Development and Israel's Agency for International
Development Cooperation signed memoranda of understanding in 2012,
2017, and 2019 to coordinate the agencies' respective efforts to
promote common development goals in third countries.
(b) Sense of Congress Regarding USAID Policy.--It is the sense of
Congress that the Department of State and the United States Agency for
International Development should continue to cooperate with Israel to
advance common development goals in third countries across a wide
variety of sectors, including energy, agriculture, food security,
democracy, human rights, governance, economic growth, trade, education,
environment, global health, water, and sanitation.
(c) Memoranda of Understanding.--The Secretary of State, acting
through the Administrator of the United States Agency for International
Development, may enter into memoranda of understanding with Israel to
advance common goals on energy, agriculture, food security, democracy,
human rights, governance, economic growth, trade, education,
environment, global health, water, and sanitation, with a focus on
strengthening mutual ties and cooperation with nations throughout the
world.
SEC. 202. COOPERATIVE PROJECTS AMONG THE UNITED STATES, ISRAEL, AND
DEVELOPING COUNTRIES.
Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151d)
is amended by striking subsections (e) and (f) and inserting the
following:
``(e) There are authorized to be appropriated $2,000,000 for each
of the fiscal years 2021 through 2025 to finance cooperative projects
among the United States, Israel, and developing countries that identify
and support local solutions to address sustainability challenges
relating to water resources, agriculture, and energy storage,
including--
``(1) establishing public-private partnerships;
``(2) supporting the identification, research, development
testing, and scaling of innovations that focus on populations
that are vulnerable to environmental and resource-scarcity
crises, such as subsistence farming communities;
``(3) seed or transition-to-scale funding;
``(4) clear and appropriate branding and marking of United
States funded assistance, in accordance with section 641; and
``(5) accelerating demonstrations or applications of local
solutions to sustainability challenges, or the further
refinement, testing, or implementation of innovations that have
previously effectively addressed sustainability challenges.
``(f) Amounts appropriated pursuant to subsection (e) shall be
obligated in accordance with the memoranda of understanding referred to
in subsections (a) and (c) of section 201 of the United States-Israel
Security Assistance Authorization Act of 2020''.
SEC. 203. JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION AND HIGH-TECH
FOR THE MIDDLE EAST REGION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should help foster cooperation in the
Middle East region by financing and, as appropriate,
cooperating in projects related to innovation and advanced
technologies; and
(2) projects referred to in paragraph (1) should--
(A) contribute to development and the quality of
life in the Middle East region through the application
of research and advanced technology; and
(B) contribute to Arab-Israeli cooperation by
establishing strong working relationships that last
beyond the life of such projects.
(b) Establishment.--The Secretary of State, acting through the
Administrator of the United States Agency for International
Development, is authorized to seek to establish a program between the
United States and appropriate regional partners to provide for
cooperation in the Middle East region by supporting projects related to
innovation and advanced technologies.
(c) Project Requirements.--Each project carried out under the
program established pursuant to subsection (b)--
(1) shall include the participation of at least 1 entity
from Israel and 1 entity from another regional partner; and
(2) shall be conducted in a manner that appropriately
protects sensitive information, intellectual property, the
national security interests of the United States, and the
national security interests of Israel.
SEC. 204. SENSE OF CONGRESS ON UNITED STATES-ISRAEL ECONOMIC
COOPERATION.
It is the sense of Congress that--
(1) the United States-Israel economic partnership--
(A) has achieved great tangible and intangible
benefits to both countries; and
(B) is a foundational component of the strong
alliance;
(2) science and technology innovations present promising
new frontiers for United States-Israel economic cooperation,
particularly in light of widespread drought, cybersecurity
attacks, and other major challenges impacting the United
States; and
(3) the President should regularize and expand existing
forums of economic dialogue with Israel and foster both public
and private sector participation.
SEC. 205. COOPERATION ON DIRECTED ENERGY CAPABILITIES.
(a) Authority.--
(1) In general.--The Secretary of State is authorized to
carry out research, development, test, and evaluation
activities, on a joint basis with Israel, to establish directed
energy capabilities that address threats to the United States,
deployed forces of the United States, or Israel. Any activities
carried out under this paragraph shall be conducted in a manner
that appropriately protects sensitive information, intellectual
property, the national security interests of the United States,
and the national security interests of Israel.
(2) Report.--The activities described in paragraph (1) may
be carried out after the Secretary of State submits a report to
the appropriate congressional committees that includes--
(A) a memorandum of agreement between the United
States and Israel regarding sharing of research and
development costs for the capabilities described in
paragraph (1), and any supporting documents; and
(B) a certification that the memorandum of
agreement referred to in subparagraph (A)--
(i) requires sharing of costs of projects,
including in-kind support, between the United
States and Israel;
(ii) establishes a framework to negotiate
the rights to any intellectual property
developed under the memorandum of agreement;
and
(iii) requires the United States Government
to receive semiannual reports on expenditure of
funds, if any, by the Government of Israel,
including--
(I) a description of what the funds
have been used for and when funds were
expended; and
(II) the identification of entities
that expended such funds.
(b) Support in Connection With Activities.--
(1) In general.--The Secretary of State is authorized to
provide maintenance and sustainment support to Israel for the
directed energy capabilities research, development, test, and
evaluation activities authorized under subsection (a)(1),
including the installation of equipment that is necessary to
carry out such research, development, test, and evaluation.
(2) Report.--The support described in paragraph (1) may not
be provided until 15 days after the date on which the Secretary
of State submits a report to the appropriate congressional
committees that describes in detail the support to be provided.
(3) Matching contribution.--The support described in
paragraph (1) may not be provided unless the Secretary of State
certifies to the appropriate congressional committees that the
Government of Israel will contribute to such support--
(A) an amount not less than the amount of support
to be so provided; or
(B) an amount that otherwise meets the best efforts
of Israel, as mutually agreed to by the United States
and Israel.
(c) Lead Agency.--The Secretary of State shall designate an
appropriate research and development entity as the lead agency of the
Department of State in carrying out this section.
(d) Semiannual Report.--The Secretary of State shall submit a
semiannual report to the appropriate congressional committees that
includes the most recent semiannual report provided by the Government
of Israel to the Department of State.
SEC. 206. PLANS TO PROVIDE ISRAEL WITH NECESSARY DEFENSE ARTICLES AND
SERVICES IN A CONTINGENCY.
(a) In General.--The President shall establish and update, as
appropriate, plans to provide Israel with defense articles and services
that are determined by the Secretary of Defense to be necessary for the
defense of Israel in a contingency.
(b) Congressional Briefing.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the President
shall brief the appropriate congressional committees regarding the
status of the plans required under subsection (a).
SEC. 207. OTHER MATTERS OF COOPERATION.
(a) In General.--Activities authorized under this section shall be
carried out with the concurrence of the Secretary of State and aligned
with the National Security Strategy of the United States, the United
States Government Global Health Security Strategy, the Department of
State Integrated Country Strategies, the USAID Country Development
Cooperation Strategies, and any equivalent or successor plans or
strategies, as necessary and appropriate
(b) Development of Health Technologies.--
(1) In general.--There is authorized to be appropriated to
the Secretary of Health and Human Services $4,000,000 for each
of the fiscal years 2021 through 2023 for a bilateral
cooperative program with the Government of Israel that awards
grants for the development of health technologies, including
health technologies listed in paragraph (2), subject to
paragraph (3), with an emphasis on collaboratively advancing
the use of technology and personalized medicine in relation to
COVID-19.
(2) Types of health technologies.--The health technologies
described in this paragraph may include technologies such as
sensors, drugs and vaccinations, respiratory assist devices,
diagnostic tests, and telemedicine.
(3) Restrictions on funding.--Amounts appropriated pursuant
to paragraph (1) are subject to a matching contribution from
the Government of Israel.
(4) Option for establishing new program.--Amounts
appropriated pursuant to paragraph (1) may be expended for a
bilateral program with the Government of Israel that--
(A) is in existence on the day before the date of
the enactment of this Act for the purposes described in
paragraph (1); or
(B) is established after the date of the enactment
of this Act by the Secretary of Health and Human
Services, in consultation with the Secretary of State,
in accordance with the Agreement between the Government
of the United States of America and the Government of
the State of Israel on Cooperation in Science and
Technology for Homeland Security Matters, done at
Jerusalem May 29, 2008 (or a successor agreement), for
the purposes described in paragraph (1).
(c) Coordinator of United States-Israel Research and Development.--
(1) In general.--The President may designate the Assistant
Secretary of State for the Bureau of Oceans and International
Environmental and Scientific Affairs, or another appropriate
Department of State official, to act as Coordinator of United
States-Israel Research and Development (referred to in this
subsection as the ``Coordinator'').
(2) Authorities and duties.--The Coordinator, in
conjunction with the heads of relevant Federal Government
departments and agencies and in coordination with the Israel
Innovation Authority, may oversee civilian science and
technology programs on a joint basis with Israel.
(d) Office of Global Policy and Strategy of the Food and Drug
Administration.--
(1) In general.--It is the sense of Congress that the
Commissioner of the Food and Drug Administration should seek to
explore collaboration with Israel through the Office of Global
Policy and Strategy.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner, acting through the
head of the Office of Global Policy and Strategy, shall submit
a report describing the benefits to the United States and to
Israel of opening an office in Israel for the Office of Global
Policy and Strategy to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(e) United States-Israel Energy Center.--There is authorized to be
appropriated to the Secretary of Energy $4,000,000 for each of the
fiscal years 2021 through 2023 to carry out the activities of the
United States-Israel Energy Center established pursuant to section
917(d) of the Energy Independence and Security Act of 2007 (42 U.S.C.
17337(d)).
(f) United States-Israel Binational Industrial Research and
Development Foundation.--It is the sense of Congress that grants to
promote covered energy projects conducted by, or in conjunction with,
the United States-Israel Binational Industrial Research and Development
Foundation should be funded at not less than $2,000,000 annually under
section 917(b) of the Energy Independence and Security Act of 2007 (42
U.S.C. 17337(b)).
(g) United States-Israel Cooperation on Energy, Water, Homeland
Security, Agriculture, and Alternative Fuel Technologies.--Section 7 of
the United States-Israel Strategic Partnership Act of 2014 (22 U.S.C.
8606) is amended by adding at the end the following:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of the
fiscal years 2021 through 2023.''.
(h) Annual Policy Dialogue.--It is the sense of Congress that the
Department of Transportation and Israel's Ministry of Transportation
should engage in an annual policy dialogue to implement the 2016
Memorandum of Cooperation signed by the Secretary of Transportation and
the Israeli Minister of Transportation.
(i) Cooperation on Space Exploration and Science Initiatives.--The
Administrator of the National Aeronautics and Space Administration
shall continue to work with the Israel Space Agency to identify and
cooperatively pursue peaceful space exploration and science initiatives
in areas of mutual interest, taking all appropriate measures to protect
sensitive information, intellectual property, trade secrets, and
economic interests of the United States.
(j) Research and Development Cooperation Relating to Desalination
Technology.--Not later than 1 year after the date of the enactment of
this Act, the Director of the Office of Science and Technology Policy
shall submit a report that describes research and development
cooperation with international partners, such as the State of Israel,
in the area of desalination technology in accordance with section
9(b)(3) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note)
to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Energy and Natural Resources of the
Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Natural Resources of the House of
Representatives.
(k) Research and Treatment of Posttraumatic Stress Disorder.--It is
the sense of Congress that the Secretary of Veterans Affairs should
seek to explore collaboration between the Mental Illness Research,
Education and Clinical Centers of Excellence and Israeli institutions
with expertise in researching and treating posttraumatic stress
disorder.
Calendar No. 463
116th CONGRESS
2d Session
S. 3176
_______________________________________________________________________
A BILL
To amend the Foreign Assistance Act of 1961 and the United States-
Israel Strategic Partnership Act of 2014 to make improvements to
certain defense and security assistance provisions and to authorize the
appropriations of funds to Israel, and for other purposes.
_______________________________________________________________________
June 3, 2020
Reported with an amendment