United States-Israel Cooperation Enhancement and Regional Security Act

IIB 116TH CONGRESS 1ST SESSION H. R. 1837 IN THE SENATE OF THE UNITED STATES JULY 24, 2019 Received; read twice and referred to the Committee on Foreign Relations AN ACT To make improvements to certain defense and security assist- ance provisions and to authorize assistance for Israel, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 2 HR 1837 RFS SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘United States-Israel Cooperation Enhancement and Re- 3 gional Security Act’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 Sec. 1. Short title and table of contents. TITLE I—ENHANCED COOPERATION BETWEEN THE UNITED STATES AND ISRAEL Sec. 101. Coordinator of United States-Israel Research and Development. Sec. 102. Cooperation on directed energy capabilities. Sec. 103. Cooperation on cybersecurity. Sec. 104. Report on potential benefits and impact to the United States of es- tablishing a joint United States-Israel Cybersecurity Center of Excellence. Sec. 105. Cyber diplomacy officer. Sec. 106. United States Agency for International Development Memorandum- Israel enhanced cooperation. Sec. 107. Cooperative projects among the United States, Israel, and developing countries. Sec. 108. Joint cooperative program related to innovation and high-tech for the Middle East region. Sec. 109. Sense of Congress on Eastern Mediterranean energy cooperation. Sec. 110. Cooperation on other matters. TITLE II—SECURITY ASSISTANCE FOR ISRAEL Sec. 201. Findings. Sec. 202. Statement of policy. Sec. 203. Contingency plans to provide Israel with necessary defense articles and services. Sec. 204. Waiver for existing or imminent military threat to Israel. Sec. 205. Security assistance for Israel. Sec. 206. Joint assessment of quantity of precision guided munitions for use by Israel. Sec. 207. Transfer of precision guided munitions to Israel. Sec. 208. Sense of Congress on rapid acquisition and deployment procedures. Sec. 209. Extension of War Reserves Stockpile authority. Sec. 210. Eligibility of Israel for the strategic trade authorization exception to certain export control licensing requirements. Sec. 211. Extension of loan guarantees to Israel. Sec. 212. Definition. TITLE III—JUSTICE FOR UNITED STATES VICTIMS OF PALESTINIAN TERRORISM Sec. 301. Short title. VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 3 HR 1837 RFS Sec. 302. Facilitation of the settlement of terrorism-related claims of nationals of the United States. Sec. 303. Modification to consent of certain parties to personal jurisdiction. TITLE IV—BUDGETARY EFFECTS Sec. 401. Determination of budgetary effects. TITLE I—ENHANCED COOPERA- 1 TION BETWEEN THE UNITED 2 STATES AND ISRAEL 3 SEC. 101. COORDINATOR OF UNITED STATES-ISRAEL RE- 4 SEARCH AND DEVELOPMENT. 5 (a) IN GENERAL.—The President is encouraged to 6 designate the Assistant Secretary of State for the Bureau 7 of Oceans and International Environmental and Scientific 8 Affairs to act as Coordinator of United States-Israel Re- 9 search and Development (in this section referred to as the 10 ‘‘Coordinator’’). 11 (b) AUTHORITIES AND DUTIES.—The Coordinator, in 12 conjunction with the heads of relevant Federal Govern- 13 ment departments and agencies and in coordination with 14 the Israel Innovation Authority, shall oversee civilian 15 science and technology programs on a joint basis with 16 Israel. 17 (c) REPORT.—Not later than 1 year after the date 18 of the enactment of this Act, and annually thereafter, the 19 Coordinator shall submit to the appropriate congressional 20 committees a report on the implementation of this section. 21 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 4 HR 1837 RFS (d) APPROPRIATE CONGRESSIONAL COMMITTEES 1 DEFINED.—In this section, the term ‘‘appropriate con- 2 gressional committees’’ means— 3 (1) the Committee on Foreign Affairs and the 4 Committee on Science, Space, and Technology of the 5 House of Representatives; and 6 (2) the Committee on Foreign Relations and 7 the Committee on Commerce, Science, and Trans- 8 portation of the Senate. 9 SEC. 102. COOPERATION ON DIRECTED ENERGY CAPABILI- 10 TIES. 11 (a) AUTHORITY.— 12 (1) IN GENERAL.—The Secretary of Defense, 13 upon request of the Ministry of Defense of Israel 14 and with the concurrence of the Secretary of State, 15 is authorized to carry out research, development, 16 test, and evaluation activities, on a joint basis with 17 Israel, to establish directed energy capabilities that 18 address threats to the United States, deployed forces 19 of the United States, or Israel. Any activities carried 20 out pursuant to such authority shall be conducted in 21 a manner that appropriately protects sensitive infor- 22 mation and the national security interests of the 23 United States and the national security interests of 24 Israel. 25 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 5 HR 1837 RFS (2) REPORT.—The activities described in para- 1 graph (1) may be carried out after the Secretary of 2 Defense submits to the appropriate congressional 3 committees a report setting forth the following: 4 (A) A memorandum of agreement between 5 the United States and Israel regarding sharing 6 of research and development costs for the capa- 7 bilities described in paragraph (1), and any 8 supporting documents. 9 (B) A certification that the memorandum 10 of agreement— 11 (i) requires sharing of costs of 12 projects, including in-kind support, be- 13 tween the United States and Israel; 14 (ii) establishes a framework to nego- 15 tiate the rights to any intellectual property 16 developed under the memorandum of 17 agreement; and 18 (iii) requires the United States Gov- 19 ernment to receive semiannual reports on 20 expenditure of funds, if any, by the Gov- 21 ernment of Israel, including a description 22 of what the funds have been used for, 23 when funds were expended, and an identi- 24 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 6 HR 1837 RFS fication of entities that expended the 1 funds. 2 (b) SUPPORT IN CONNECTION WITH ACTIVITIES.— 3 (1) IN GENERAL.—The Secretary of Defense is 4 authorized to provide maintenance and sustainment 5 support to Israel for the directed energy capabilities 6 research, development, test, and evaluation activities 7 authorized in subsection (a)(1). Such authority in- 8 cludes authority to install equipment necessary to 9 carry out such research, development, test, and eval- 10 uation. 11 (2) REPORT.—The support described in para- 12 graph (1) may not be provided until 15 days after 13 the Secretary of Defense submits to the appropriate 14 congressional committees a report setting forth a de- 15 tailed description of the support to be provided. 16 (3) MATCHING CONTRIBUTION.—The support 17 described in paragraph (1) may not be provided un- 18 less the Secretary of Defense certifies to the appro- 19 priate congressional committees that the Govern- 20 ment of Israel will contribute to such support— 21 (A) an amount equal to not less than the 22 amount of support to be so provided; or 23 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 7 HR 1837 RFS (B) an amount that otherwise meets the 1 best efforts of Israel, as mutually agreed to by 2 the United States and Israel. 3 (c) LEAD AGENCY.—The Secretary of Defense shall 4 designate an appropriate research and development entity 5 of a military department as the lead agency of the Depart- 6 ment of Defense in carrying out this section. 7 (d) SEMIANNUAL REPORT.—The Secretary of De- 8 fense shall submit to the appropriate congressional com- 9 mittees on a semiannual basis a report that contains a 10 copy of the most recent semiannual report provided by the 11 Government of Israel to the Department of Defense pur- 12 suant to subsection (a)(2)(B)(iii). 13 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 14 FINED.—In this section, the term ‘‘appropriate congres- 15 sional committees’’ means— 16 (1) the Committee on Armed Services, the 17 Committee on Foreign Affairs, the Committee on 18 Homeland Security, and the Committee on Appro- 19 priations of the House of Representatives; and 20 (2) the Committee on Armed Services, the 21 Committee on Foreign Relations, the Committee on 22 Homeland Security and Governmental Affairs, and 23 the Committee on Appropriations of the Senate. 24 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 8 HR 1837 RFS SEC. 103. COOPERATION ON CYBERSECURITY. 1 (a) GRANT PROGRAM.— 2 (1) ESTABLISHMENT.—The Secretary, in ac- 3 cordance with the agreement entitled the ‘‘Agree- 4 ment between the Government of the United States 5 of America and the Government of the State of 6 Israel on Cooperation in Science and Technology for 7 Homeland Security Matters’’, dated May 29, 2008 8 (or successor agreement), and the requirements 9 specified in paragraph (2), shall establish a grant 10 program at the Department to support— 11 (A) cybersecurity research and develop- 12 ment; and 13 (B) demonstration and commercialization 14 of cybersecurity technology. 15 (2) REQUIREMENTS.— 16 (A) APPLICABILITY.—Notwithstanding any 17 other provision of law, in carrying out a re- 18 search, development, demonstration, or com- 19 mercial application program or activity that is 20 authorized under this section, the Secretary 21 shall require cost sharing in accordance with 22 this paragraph. 23 (B) RESEARCH AND DEVELOPMENT.— 24 (i) IN GENERAL.—Except as provided 25 in clause (ii), the Secretary shall require 26 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 9 HR 1837 RFS not less than 50 percent of the cost of a 1 research, development, demonstration, or 2 commercial application program or activity 3 described in subparagraph (A) to be pro- 4 vided by a non-Federal source. 5 (ii) REDUCTION.—The Secretary may 6 reduce or eliminate, on a case-by-case 7 basis, the percentage requirement specified 8 in clause (i) if the Secretary determines 9 that such reduction or elimination is nec- 10 essary and appropriate. 11 (C) MERIT REVIEW.—In carrying out a re- 12 search, development, demonstration, or com- 13 mercial application program or activity that is 14 authorized under this section, awards shall be 15 made only after an impartial review of the sci- 16 entific and technical merit of the proposals for 17 such awards has been carried out by or for the 18 Department. 19 (D) REVIEW PROCESSES.—In carrying out 20 a review under subparagraph (C), the Secretary 21 may use merit review processes developed under 22 section 302(14) of the Homeland Security Act 23 of 2002 (6 U.S.C. 182(14)). 24 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 10 HR 1837 RFS (3) ELIGIBLE APPLICANTS.—An applicant shall 1 be eligible to receive a grant under this subsection 2 if the project of such applicant— 3 (A) addresses a requirement in the area of 4 cybersecurity research or cybersecurity tech- 5 nology, as determined by the Secretary; and 6 (B) is a joint venture between— 7 (i)(I) a for-profit business entity, aca- 8 demic institution, National Laboratory (as 9 defined in section 2 of the Energy Policy 10 Act of 2005 (42 U.S.C. 15801)), or non- 11 profit entity in the United States; and 12 (II) a for-profit business entity, aca- 13 demic institution, or nonprofit entity in 14 Israel; or 15 (ii)(I) the Federal Government; and 16 (II) the Government of Israel. 17 (4) APPLICATIONS.—To be eligible to receive a 18 grant under this subsection, an applicant shall sub- 19 mit to the Secretary an application for such grant 20 in accordance with procedures established by the 21 Secretary, in consultation with the advisory board 22 established under paragraph (5). 23 (5) ADVISORY BOARD.— 24 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 11 HR 1837 RFS (A) ESTABLISHMENT.—The Secretary 1 shall establish an advisory board to— 2 (i) monitor the method by which 3 grants are awarded under this subsection; 4 and 5 (ii) provide to the Secretary periodic 6 performance reviews of actions taken to 7 carry out this subsection. 8 (B) COMPOSITION.—The advisory board 9 established under subparagraph (A) shall be 10 composed of three members, to be appointed by 11 the Secretary, of whom— 12 (i) one shall be a representative of the 13 Federal Government; 14 (ii) one shall be selected from a list of 15 nominees provided by the United States- 16 Israel Binational Science Foundation; and 17 (iii) one shall be selected from a list 18 of nominees provided by the United States- 19 Israel Binational Industrial Research and 20 Development Foundation. 21 (6) CONTRIBUTED FUNDS.—Notwithstanding 22 any other provision of law, the Secretary may accept 23 or retain funds contributed by any person, govern- 24 ment entity, or organization for purposes of carrying 25 VerDate Sep 11 2014 23:08 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1837.RFS H1837 kjohnson on DSK79L0C42 with BILLS 12 HR 1837 RFS out this subsection. Such funds shall be available, 1 subject to appropriation, without fiscal year limita- 2 tion. 3 (7) REPORT.—Not later than 180 days after 4 the date of completion of a project for which a grant 5 is provided under this subsection, the grant recipient 6 shall submit to the Secretary a report that con- 7 tains— 8 (A) a description of how the grant funds 9 were used by the recipient; and 10 (B) an evaluation of the level of success of 11 each project funded by the grant. 12 (8) CLASSIFICATION.—Grants shall be awarded 13 under this subsection only for projects that are con- 14 sidered to be unclassified by both the United States 15 and Israel. 16 (b) TERMINATION.—The grant program and the ad- 17 visor [Text truncated for display. Full text available on Congress.gov.]