113 S2673 PCS: United States-Israel Strategic Partnership Act of 2014
U.S. Senate
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as
the United States-Israel Strategic Partnership Act of 2014
.
2.
Congress makes the following
findings:
(1)
The people and the Governments of the
United States and of Israel share a deep and unbreakable bond, forged by
over
60
years of shared interests and shared values.
(2)
Today, the people and Governments of the
United States and of Israel are facing a dynamic and rapidly changing
security
environment in the Middle East and North Africa, necessitating deeper
cooperation on a range of defense, security, and intelligence matters.
(3)
From Gaza, Hamas continues to deny Israel’s
right to exist and persists in firing rockets indiscriminately at
population
centers in Israel.
(4)
Hezbollah—with support from Iran—continues
to stockpile rockets and may be seeking to exploit the tragic and volatile
security situation within Syria.
(5)
The Government of Iran continues to pose a
grave threat to the region and the world at large with its reckless
pursuit of
nuclear weapons.
(6)
Given these challenges, it is imperative
that the United States continues to deepen cooperation with allies like
Israel
in pursuit of shared policy objectives.
3.
It is the policy of the
United States—
(1)
to reaffirm the unwavering support of the
people and the Government of the United States for the security of Israel
as a
Jewish state;
(2)
to reaffirm the principles and objectives
enshrined in the United States-Israel Enhanced Security Cooperation Act of
2012
(Public Law 112–150) and ensure its implementation to the fullest
extent;
(3)
to reaffirm the importance of the 2007
United States-Israel Memorandum of Understanding on United States
assistance to
Israel and the semi-annual Strategic Dialogue between the United States
and
Israel;
(4)
to pursue every opportunity to deepen
cooperation with Israel on a range of critical issues including defense,
homeland security, energy, and cybersecurity;
(5)
to continue to provide Israel with robust
security assistance, including for the procurement of the Iron Dome
Missile Defense System; and
(6)
to support the Government of Israel in its
ongoing efforts to reach a negotiated political settlement with the
Palestinian
people that results in two states living side-by-side in peace and
security.
4.
Sense of
Congress on Israel as a major strategic partner
It is the sense of Congress that Israel is a
major strategic partner of the United States.
5.
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 10 years after
and
inserting more than 11 years after
.
(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
and 2014
and inserting , 2014, and 2015
.
6.
Eligibility of
Israel for the strategic trade authorization exception to certain export
control licensing requirements
(a)
Congress
finds that Israel—
(1)
has adopted high standards in the field of export controls;
(2)
has declared its unilateral adherence to the
Missile Technology Control Regime, the Australia Group, and the Nuclear
Suppliers Group; and
(3)
is a party
to—
(A)
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;
(B)
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;
and
(C)
the Convention on
the Physical Protection of Nuclear Material, adopted at Vienna on October
26,
1979.
(b)
Eligibility for
strategic trade authorization exception
The President, consistent with the commitments of the United States under international
arrangements, shall 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,
reexport, or in-country transfer of an item subject to controls under the
Export Administration Regulations.
7.
United States-Israel cooperation on energy, water, homeland security, agriculture, and alternative
fuel technologies
(a)
The President is
authorized, subject to existing law—
(1)
to undertake activities in cooperation with Israel; and
(2)
to
provide assistance promoting cooperation in the fields of energy, water,
agriculture, and alternative fuel technologies.
(b)
In carrying out subsection (a), the
President is authorized, subject to existing requirements of law and any
applicable agreements or understandings between the United States and
Israel—
(1)
to share and exchange with Israel research,
technology,
intelligence, information, equipment, and personnel, including through
sales, leases, or exchanges in kind, that the President
determines will advance the national security interests of the United
States
and are consistent with the Strategic Dialogue and pertinent provisions of
law; and
(2)
to enhance scientific cooperation between
Israel and the United States.
(c)
Cooperative research pilot programs
The Secretary of Homeland Security, acting through the Director of the Homeland Security Advanced
Research Projects Agency and with the concurrence of the Secretary of
State, is authorized, subject to existing law, to enter
into cooperative research pilot programs with Israel to enhance Israel’s
capabilities in—
(1)
border, maritime, and aviation security;
(2)
explosives detection; and
(3)
emergency services.
8.
Report on
increased United States-Israel cooperation on cybersecurity
Not later than 180
days after the date of the enactment of this Act, the President shall
submit to
Congress a report, in a classified format or including a classified annex,
as appropriate, on the feasibility and advisability of expanding United
States-Israeli cooperation on cyber issues, including
sharing and advancing technologies related to the prevention of
cybercrimes.
9.
(a)
It is the Sense of Congress that the Secretary of Homeland Security, in consultation with the
Secretary of State, should designate the State of Israel as a program
country under the Visa Waiver Program when the Government of Israel—
(1)
is in compliance with all the requirements of the program specified in section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), except for the low
nonimmigrant visa refusal rate requirement under subsection (c)(2)(A) of
such section; and
(2)
has met the conditions for a waiver of such requirement set forth in subsection (c).
(b)
The Secretary of Homeland Security, in consultation with the Secretary of State, should take steps
to engage with representatives of the Government of Israel on—
(1)
the extent to which Israel satisfies the requirements specified in section 217 of such Act for
inclusion in the Visa Waiver Program;
(2)
additional steps that may be required in order for Israel to qualify for consideration for
inclusion in such program.
(c)
The Secretary of Homeland Security, in consultation with the Secretary of State, is authorized to
waive the low nonimmigrant visa refusal rate requirements under paragraphs
(2)(A) and (3)(B) of section
217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)) for the State of Israel if—
(1)
the Government of Israel has complied with all other requirements of the Visa Waiver Program,
including extending the reciprocal privileges described in section
217(a)(2)(A) of such Act to citizens and nationals of the United States
without regard to the race, religion, national origin, or ethnicity of any
such
citizen or national;
(2)
the percentage of nationals of Israel who were refused a nonimmigrant visitor visa during the
previous fiscal year is not more than 10 percent of the total number of
nonimmigrant visitor visas for nationals of Israel which were granted or
refused during that fiscal year.
(d)
Nothing in this section may be construed to exempt the State of Israel from all requirements to
which other program countries are subject under section 217 of the
Immigration and Nationality Act except for requirements relating to low
nonimmigrant visa refusal rates under paragraphs (2)(A) and (3)(B) of
section 217(c) of such
Act.
10.
Status of
implementation of section 4 of the United States-Israel Enhanced Security
Cooperation Act of 2012
Not
later than 180 days after the date of the enactment of this Act, the
President
shall, to the extent practicable and in an appropriate manner, provide an
update to the Committee on Foreign Relations of the Senate, the
Committee on Foreign Affairs of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives on current and future efforts undertaken by the President to fulfill the
objectives of section 4 of the United States-Israel Enhanced Security
Cooperation Act (22 U.S.C. 8603).
11.
Improved reporting on enhancing Israel’s qualitative military edge and security posture
(a)
Biennial assessment reevaluations
Section 201(c) of the Naval Vessel Transfer Act of 2008 (22 U.S.C. 2776 note) is amended by adding
at the end the following:
(3)
Two years after the date on which each quadrennial report is transmitted to Congress, the
President shall—
(A)
reevaluate the assessment required under subsection (a); and
(B)
inform and consult with the appropriate congressional committees on the results of the
reevaluation conducted pursuant to subparagraph (A).
.
(b)
Certification requirements for major defense equipment
Section 36(h) of the Arms Export Control Act (22 U.S.C. 2776(h)) is amended—
(1)
by redesignating paragraph (2) as paragraph (3); and
(2)
by inserting after paragraph (1) the following:
(2)
Requirements with respect to determination for major defense equipment
A determination under paragraph (1) relating to the sale or export of major defense equipment
shall include—
(A)
a detailed explanation of Israel’s capacity to address the improved capabilities provided by such
sale or export;
(B)
a detailed evaluation of—
(i)
how such sale or export alters the strategic and tactical balance in the region, including relative
capabilities; and
(ii)
Israel’s capacity to respond to the improved regional capabilities provided by such sale or export;
(C)
an identification of any specific new capacity, capabilities, or training that Israel may require
to address the regional or country-specific capabilities provided by such
sale or export; and
(D)
a description of any additional United States security assurances to Israel made, or requested to
be made, in connection with, or as a result of, such sale or export.
.
12.
United States-Israel energy cooperation
(a)
Section 917(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(a)) is amended—
(1)
in paragraph (1), by striking renewable
and inserting covered
;
(2)
in paragraph (4)—
(A)
by striking possible many
and inserting “possible—
(A)
many
; and
(B)
by adding at the end the following: “and
(B)
significant contributions to the development of renewable energy and energy efficiency through the
established programs of the United States-Israel Binational Industrial
Research and Development Foundation and the United States-Israel
Binational Science Foundation;
;
(3)
in paragraph (6)—
(A)
by striking renewable
and inserting covered
; and
(B)
by striking and
at the end;
(4)
in paragraph (7)—
(A)
by striking renewable
and inserting covered
; and
(B)
by striking the period at the end and inserting a semicolon; and
(5)
by adding at the end the following:
(8)
United States-Israel energy cooperation and the development of natural resources by Israel are
in the strategic interest of the United States;
(9)
Israel is a strategic partner of the United States in water technology;
(10)
the United States can play a role in assisting Israel with regional safety and security issues;
(11)
the National Science Foundation of the United States, to the extent consistent with the National
Science Foundation’s mission , should collaborate with the Israel Science
Foundation and the United States-Israel Binational Science Foundation;
(12)
the United States and Israel should strive to develop more robust academic cooperation in—
(A)
energy innovation technology and engineering;
(B)
water science;
(C)
technology transfer; and
(D)analysis of emerging geopolitical implications, crises and threats from foreign natural resource
and energy acquisitions, and the development of domestic resources as a
response;
(13)
the United States supports the goals of the Alternative Fuels Administration of Israel
with respect to expanding the use of alternative fuels;
(14)
the United States strongly urges open dialogue and continued mechanisms for regular engagement and
encourages further cooperation between applicable departments, agencies,
ministries, institutions of higher education, and the private sector of
the United States and Israel on energy security issues, including—
(A)
identifying policy priorities associated with the development of natural resources of Israel;
(B)
discussing and sharing best practices to secure cyber energy infrastructure and other energy
security matters;
(C)
leveraging natural gas to positively impact regional stability;
(D)
issues relating to the energy-water nexus, including improving energy efficiency and the overall
performance of water technologies through research and development in
water desalination, wastewater treatment and reclamation, water treatment
in gas and oil production processes, and other water treatment refiners;
(E)
technical and environmental management of deep-water exploration and production;
(F)
emergency response and coastal protection and restoration;
(G)
academic outreach and engagement;
(H)
private sector and business development engagement;
(I)
regulatory consultations;
(J)
leveraging alternative transportation fuels and technologies; and
(K)
any other areas determined appropriate by the United States and Israel;
(15)
the United States—
(A)
acknowledges the achievements and importance of the Binational Industrial Research and Development
Foundation and the United States-Israel Binational Science Foundation; and
(B)
supports continued multiyear funding to ensure the continuity of the programs of the foundations
specified in subparagraph (A); and
(16)
the United States and Israel have a shared interest in addressing immediate, near-term, and
long-term energy, energy poverty, energy independence, and environmental
challenges facing the United States and
Israel, respectively.
.
(b)
Section 917(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(1)) is
amended—
(1)
in paragraph (1), by striking renewable energy or energy efficiency
and inserting covered energy
;
(2)
in paragraph (2)—
(A)
in subparagraph (F), by striking and
at the end;
(B)
in subparagraph (G), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:
(H)
natural gas energy, including conventional and unconventional natural gas technologies and other
associated technologies, and natural gas projects conducted by or in
conjunction with the United States-Israel Binational Science Foundation
and the United States-Israel Binational Industrial Research and
Development Foundation; and
(I)
improvement of energy efficiency and the overall performance of water technologies through research
and development in water desalination, wastewater treatment and
reclamation, and other water treatment refiners.
; and
(3)
in paragraph (3)(A), by striking energy efficiency or renewable
and inserting covered
.
(c)
International partnerships; regional energy cooperation
(1)
International partnerships
Section 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) is amended—
(A)
by striking subsection (d);
(B)
by redesignating subsection (c) as subsection (e);
(C)
by inserting after subsection (b) the following:
(c)
International partnerships
(1)
The Secretary, subject to the availability of appropriations, may enter into cooperative
agreements supporting and enhancing dialogue and planning involving
international partnerships between the Department, including National
Laboratories of the Department, and the Government of Israel and its
ministries, offices, and institutions.
(2)
The Secretary may not pay more than 50 percent of Federal share of the costs of implementing
cooperative agreements
entered into pursuant to paragraph (1).
(3)
If the Secretary enters into agreements authorized by paragraph (1), the Secretary shall submit an
annual report to the Committee on Energy and Natural Resources of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that describes—
(A)
actions taken to implement such agreements; and
(B)
any projects undertaken pursuant to such agreements.
(d)
United States-Israel energy center
The Secretary may establish a joint United States-Israel Energy Center in the United States
leveraging the experience, knowledge, and expertise of institutions of
higher education and entities in the private sector, among others, in
offshore energy
development to further dialogue and collaboration to develop more robust
academic cooperation in energy innovation technology and engineering,
water science, technology transfer, and analysis of emerging geopolitical
implications, crises and threats from foreign natural resource and energy
acquisitions, and the development of domestic resources as a response.
; and
(D)
in subsection (e), as redesignated, by striking the date that is 7 years after the date of enactment of this Act
and inserting September 30, 2024
.
(2)
Constructive regional energy cooperation
The Secretary of State shall continue the ongoing diplomacy efforts of the Secretary of State in—
(A)
engaging and supporting the energy security of Israel; and
(B)
promoting constructive regional energy cooperation in the Eastern Mediterranean.
July 29, 2014Read the second time and placed on the calendar