United States-Israel Security Assistance Authorization Act of 2020
This bill provides for security assistance to Israel and authorizes actions to further U.S.-Israel cooperation.
Specifically, under the Foreign Military Financing Program, the bill makes no less than $3.3 billion annually available to Israel through FY2028. The bill also extends through FY2025 (1) authority to stockpile war reserves in Israel, and (2) loan guarantees to Israel for up to $9 billion.
The President is authorized to transfer munitions from reserve stocks to Israel for its self-defense. Further, the President must describe steps taken to include Israel in the list of countries eligible for the strategic trade authorization exception, which authorizes exports, reexports, and in-country transfers in lieu of a license that would otherwise be required. Lastly, the President must establish and update contingency plans to provide Israel with defense articles and services necessary for its defense.
The Department of State is authorized to (1) enter into memoranda of understanding with Israel with a focus on strengthening mutual ties and cooperation with nations throughout the world; and (2) establish a program between the United States, Israel, and other countries or territories to provide for cooperation in the Middle East region by financing and cooperating in programs related to innovation and advanced technologies. Further, the United States is authorized to enter into cooperative agreements with Israel and developing countries to identify and support local solutions for addressing sustainability challenges.
The State Department is authorized to carry out activities with Israel to establish directed energy capabilities that address threats to the United States, deployed forces of the United States, or Israel.
The bill authorizes cooperation on additional specified matters, including (1) health technologies, (2) civilian science and technology programs, and (3) space exploration and science initiatives.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3176 Introduced in Senate (IS)]
<DOC>
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 and Mr. Coons) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
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,
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. 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 to help Israel to defend itself by developing
long-term capacity, primarily through the acquisition of advanced
capabilities from the United States.
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 ``2020, 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 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.''.
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 ``more than 11
years after the date of the enactment of this Act'' 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 ``2020, 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, 2019'' and inserting ``September 30, 2025'';
and
(2) in the second proviso, by striking ``September 30,
2019'' 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''); and
(B) the Convention on the Physical Protection of
Nuclear Material, signed at Vienna and New York March
3, 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) Report on Eligibility for Strategic Trade Authorization
Exception.--
(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).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
TITLE II--ENHANCED UNITED STATES-ISRAEL COOPERATION
SEC. 201. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MEMORANDA
OF UNDERSTANDING TO ENHANCE COOPERATION WITH ISRAEL.
(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.
(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.
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 subsection (e) and (f) and inserting the
following:
``(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--
``(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, publicity and
marketing promotional support, or mentorship and partnership
brokering support; and
``(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.''.
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, 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.
(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 of Egypt, Jordan, Morocco, Tunisia,
Lebanon, and the West Bank and Gaza Strip; and
(2) should include participation from not fewer than 3 or
more such entities to the maximum extent practicable.
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 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.
(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--
(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 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.
(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.
(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--
(A) an amount equal to 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 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.
(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).
SEC. 206. CONTINGENCY PLANS TO PROVIDE ISRAEL WITH NECESSARY DEFENSE
ARTICLES AND SERVICES.
(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.
(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).
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 463.
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