[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1837 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 1837

_______________________________________________________________________

                                 AN ACT


 
    To make improvements to certain defense and security assistance 
   provisions and to authorize assistance for 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States-
Israel Cooperation Enhancement and Regional Security Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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 establishing 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.
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 COOPERATION BETWEEN THE UNITED STATES AND ISRAEL

SEC. 101. COORDINATOR OF UNITED STATES-ISRAEL RESEARCH AND DEVELOPMENT.

    (a) In General.--The President is encouraged to designate the 
Assistant Secretary of State for the Bureau of Oceans and International 
Environmental and Scientific Affairs to act as Coordinator of United 
States-Israel Research and Development (in this section referred to as 
the ``Coordinator'').
    (b) 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, shall oversee 
civilian science and technology programs on a joint basis with Israel.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter, the Coordinator shall submit to 
the appropriate congressional committees a report on the implementation 
of this section.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Science, Space, and Technology of the House of Representatives; 
        and
            (2) the Committee on Foreign Relations and the Committee on 
        Commerce, Science, and Transportation of the Senate.

SEC. 102. COOPERATION ON DIRECTED ENERGY CAPABILITIES.

    (a) Authority.--
            (1) In general.--The Secretary of Defense, upon request of 
        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 pursuant 
        to such authority shall be conducted in a manner that 
        appropriately protects sensitive information and 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 to the 
        appropriate congressional committees a report setting forth the 
        following:
                    (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.
                    (B) A certification that the memorandum of 
                agreement--
                            (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 a description of what the funds have 
                        been used for, when funds were expended, and an 
                        identification of entities that expended the 
                        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 in subsection (a)(1). Such 
        authority includes authority to install equipment 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 to the appropriate congressional committees a report 
        setting forth a detailed description of 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 to 
the appropriate congressional committees on a semiannual basis a report 
that contains a copy of the most recent semiannual report provided by 
the Government of Israel to the Department of Defense pursuant to 
subsection (a)(2)(B)(iii).
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Affairs, the Committee on Homeland Security, and the 
        Committee on Appropriations of the House of Representatives; 
        and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Relations, the Committee on Homeland Security and 
        Governmental Affairs, and the Committee on Appropriations of 
        the Senate.

SEC. 103. COOPERATION ON CYBERSECURITY.

    (a) Grant Program.--
            (1) Establishment.--The Secretary, in accordance with the 
        agreement entitled 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'', dated May 29, 2008 (or successor 
        agreement), and the requirements specified in paragraph (2), 
        shall establish a grant program at the Department to support--
                    (A) cybersecurity research and development; and
                    (B) demonstration and commercialization of 
                cybersecurity technology.
            (2) Requirements.--
                    (A) Applicability.--Notwithstanding any other 
                provision of law, in carrying out a research, 
                development, demonstration, or commercial application 
                program or activity that is authorized under this 
                section, the Secretary shall require cost sharing in 
                accordance with this paragraph.
                    (B) Research and development.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Secretary shall require not 
                        less than 50 percent of the cost of a research, 
                        development, demonstration, or commercial 
                        application program or activity described in 
                        subparagraph (A) to be provided by a non-
                        Federal source.
                            (ii) Reduction.--The Secretary may reduce 
                        or eliminate, on a case-by-case basis, the 
                        percentage requirement specified in clause (i) 
                        if the Secretary determines that such reduction 
                        or elimination is necessary and appropriate.
                    (C) Merit review.--In carrying out a research, 
                development, demonstration, or commercial application 
                program or activity that is authorized under this 
                section, awards shall be made only after an impartial 
                review of the scientific and technical merit of the 
                proposals for such awards has been carried out by or 
                for the Department.
                    (D) Review processes.--In carrying out a review 
                under subparagraph (C), the Secretary may use merit 
                review processes developed under section 302(14) of the 
                Homeland Security Act of 2002 (6 U.S.C. 182(14)).
            (3) Eligible applicants.--An applicant shall be eligible to 
        receive a grant under this subsection if the project of such 
        applicant--
                    (A) addresses a requirement in the area of 
                cybersecurity research or cybersecurity technology, as 
                determined by the Secretary; and
                    (B) is a joint venture between--
                            (i)(I) a for-profit business entity, 
                        academic institution, National Laboratory (as 
                        defined in section 2 of the Energy Policy Act 
                        of 2005 (42 U.S.C. 15801)), or nonprofit entity 
                        in the United States; and
                            (II) a for-profit business entity, academic 
                        institution, or nonprofit entity in Israel; or
                            (ii)(I) the Federal Government; and
                            (II) the Government of Israel.
            (4) Applications.--To be eligible to receive a grant under 
        this subsection, an applicant shall submit to the Secretary an 
        application for such grant in accordance with procedures 
        established by the Secretary, in consultation with the advisory 
        board established under paragraph (5).
            (5) Advisory board.--
                    (A) Establishment.--The Secretary shall establish 
                an advisory board to--
                            (i) monitor the method by which grants are 
                        awarded under this subsection; and
                            (ii) provide to the Secretary periodic 
                        performance reviews of actions taken to carry 
                        out this subsection.
                    (B) Composition.--The advisory board established 
                under subparagraph (A) shall be composed of three 
                members, to be appointed by the Secretary, of whom--
                            (i) one shall be a representative of the 
                        Federal Government;
                            (ii) one shall be selected from a list of 
                        nominees provided by the United States-Israel 
                        Binational Science Foundation; and
                            (iii) one shall be selected from a list of 
                        nominees provided by the United States-Israel 
                        Binational Industrial Research and Development 
                        Foundation.
            (6) Contributed funds.--Notwithstanding any other provision 
        of law, the Secretary may accept or retain funds contributed by 
        any person, government entity, or organization for purposes of 
        carrying out this subsection. Such funds shall be available, 
        subject to appropriation, without fiscal year limitation.
            (7) Report.--Not later than 180 days after the date of 
        completion of a project for which a grant is provided under 
        this subsection, the grant recipient shall submit to the 
        Secretary a report that contains--
                    (A) a description of how the grant funds were used 
                by the recipient; and
                    (B) an evaluation of the level of success of each 
                project funded by the grant.
            (8) Classification.--Grants shall be awarded under this 
        subsection only for projects that are considered to be 
        unclassified by both the United States and Israel.
    (b) Termination.--The grant program and the advisory board 
established under this section terminate on the date that is 7 years 
after the date of the enactment of this Act.
    (c) No Additional Funds Authorized.--No additional funds are 
authorized to carry out the requirements of this section. Such 
requirements shall be carried out using amounts otherwise authorized.
    (d) Definitions.--In this section--
            (1) the term ``cybersecurity research'' means research, 
        including social science research, into ways to identify, 
        protect against, detect, respond to, and recover from 
        cybersecurity threats;
            (2) the term ``cybersecurity technology'' means technology 
        intended to identify, protect against, detect, respond to, and 
        recover from cybersecurity threats;
            (3) the term ``cybersecurity threat'' has the meaning given 
        such term in section 102 of the Cybersecurity Information 
        Sharing Act of 2015 (enacted as title I of the Cybersecurity 
        Act of 2015 (division N of the Consolidated Appropriations Act, 
        2016 (Public Law 114-113)));
            (4) the term ``Department'' means the Department of 
        Homeland Security; and
            (5) the term ``Secretary'' means the Secretary of Homeland 
        Security.

SEC. 104. REPORT ON POTENTIAL BENEFITS AND IMPACT TO THE UNITED STATES 
              OF ESTABLISHING A JOINT UNITED STATES-ISRAEL 
              CYBERSECURITY CENTER OF EXCELLENCE.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report examining the potential 
benefits and impact to the United States of establishing a joint United 
States-Israel Cybersecurity Center of Excellence based in the United 
States and Israel to leverage the experience, knowledge, and expertise 
of institutions of higher education (as such term is defined in 
subsection (a) or (b) of section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001)), private sector entities, and government 
entities in the area of cybersecurity and protection of critical 
infrastructure (as such term is defined in subsection (e) of section 
1016 of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 
5195c; enacted in title X of the USA PATRIOT Act (Public Law 107-56))).
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Homeland Security of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.

SEC. 105. CYBER DIPLOMACY OFFICER.

    The Secretary of State is encouraged to appoint a qualified 
individual to assume the role of cyber diplomacy officer at the United 
States Embassy in Israel.

SEC. 106. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT 
              MEMORANDUM-ISRAEL ENHANCED COOPERATION.

    (a) Statement of Policy.--It should be the policy of the United 
States Agency for International Development to cooperate with Israel in 
order to advance common goals across a wide variety of sectors, 
including energy, agriculture and food security, democracy, human 
rights and governance, economic growth and trade, education, 
environment, global health and water and sanitation.
    (b) Memorandum of Understanding.--The Secretary of State, acting 
through the Administrator of the United States Agency for International 
Development, is authorized to enter into memoranda of understanding 
with Israel in order to advance common goals on energy, agriculture and 
food security, democracy, human rights and governance, economic growth 
and trade, education, environment, global health and water sanitation 
with a focus on strengthening mutual ties and cooperation with nations 
throughout the world.

SEC. 107. COOPERATIVE PROJECTS AMONG THE UNITED STATES, ISRAEL, AND 
              DEVELOPING COUNTRIES.

    Section 106(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151d) is amended to read as follows:
    ``(f) There are authorized to be appropriated $2,000,000 for each 
of 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 for the 
following activities:
            ``(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.
            ``(4) Acceleration of 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. 108. 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, where appropriate, 
        cooperating in projects related to innovation and high-tech; 
        and
            (2) such projects should--
                    (A) contribute to development and the quality of 
                life in the Middle East region through the application 
                of research and 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, where appropriate, cooperating in, 
projects related to innovation and high-tech.
    (c) Project Requirements.--Each project carried out under the 
program established by subsection (b)--
            (1) shall include participation from at least one entity of 
        Israel and one entity of Egypt, Jordan, Morocco, Tunisia, 
        Lebanon, and the West Bank and Gaza Strip; and
            (2) should include participation from a total of three or 
        more such entities to the maximum extent practicable.

SEC. 109. SENSE OF CONGRESS ON EASTERN MEDITERRANEAN ENERGY 
              COOPERATION.

    It is the sense of Congress that cooperation between the United 
States and Israel for the purpose of research and development of energy 
sources would be in the national interests of not only the United 
States and Israel, but also of the other nations in the Eastern 
Mediterranean and North Africa with similar natural gas finds.

SEC. 110. COOPERATION ON OTHER MATTERS.

    (a) 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 2020, 2021, and 2022 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)).
    (b) 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 continue to 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)).
    (c) 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 2020, 2021, and 2022.''.
    (d) 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.
    (e) 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.
    (f) United States-Israel Binational Agricultural Research and 
Development Fund.--
            (1) In general.--Section 1458(e)(2) of the National 
        Agricultural Research, Extension, and Teaching Policy Act of 
        1977 (7 U.S.C. 3291(e)(2)) is amended--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) include food and nutrition research and 
                development and the commercialization of the best 
                practices identified through such research and 
                development.''.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out subparagraph (C) of section 
        1458(e)(2) of the National Agricultural Research, Extension, 
        and Teaching Policy Act of 1977, as added by paragraph (1)(C), 
        $7,000,000 for each of the fiscal years 2020, 2021, and 2022.
            (3) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Secretary of 
                Agriculture shall submit to the appropriate 
                congressional committees a report on activities of the 
                United States-Israel Binational Agricultural Research 
                and Development Fund under section 1458(e) of the Food 
                and Agriculture Act of 1977 (7 U.S.C. 3291(e)).
                    (B) Appropriate congressional committees defined.--
                In this paragraph, the term ``appropriate congressional 
                committees'' means--
                            (i) the Committee on Foreign Affairs and 
                        the Committee on Agriculture of the House of 
                        Representatives; and
                            (ii) the Committee on Foreign Relations and 
                        the Committee on Agriculture, Nutrition, and 
                        Forestry of the Senate.
    (g) Research and Development Cooperation Relating to Desalination 
Technology.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the White House Office of Science 
        and Technology Policy shall submit to the appropriate 
        congressional committees a report on research and development 
        cooperation with international partners, such as the State of 
        Israel, in the area of desalination technology as required 
        under section 9(b)(3) of the Water Desalination Act of 1996 (42 
        U.S.C. 10301 note).
            (2) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Natural Resources of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Energy and Natural Resources of the 
                Senate.
    (h) 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 and Centers of Excellence and Israeli 
institutions with expertise in researching and treating posttraumatic 
stress disorder.
    (i) Development of Health Technologies.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Health and Human Services $2,000,000 for each 
        of fiscal years 2020, 2021, and 2022 to establish a bilateral 
        cooperative program with Israel for the development of health 
        technologies, including health technologies described in 
        paragraph (2), with an emphasis on collaboratively advancing 
        the use of technology, personalized medicine, and data in 
        relation to aging.
            (2) Types of health technologies.--The health technologies 
        described in this paragraph may include technologies such as 
        artificial intelligence, biofeedback, sensors, monitoring 
        devices, and kidney care.
    (j) Office of International Programs 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 
        International Programs.
            (2) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Commissioner, 
                acting through the head of the Office of International 
                Programs, shall submit to the appropriate congressional 
                committees a report on the benefits to the United 
                States and to Israel of opening an office in Israel for 
                the Office of International Programs.
                    (B) Appropriate congressional committees defined.--
                In this paragraph, the term ``appropriate congressional 
                committees'' means--
                            (i) the Committee on Foreign Affairs and 
                        the Committee on Energy and Commerce of the 
                        House of Representatives; and
                            (ii) the Committee on Foreign Relations and 
                        the Committee on Health, Education, Labor, and 
                        Pensions of the Senate.
    (k) Sense of Congress on United States-Israel Economic 
Cooperation.--It is the sense of Congress that--
            (1) the United States-Israel economic partnership has 
        achieved great tangible and intangible benefits to both 
        countries and 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.

                TITLE II--SECURITY ASSISTANCE FOR ISRAEL

SEC. 201. FINDINGS.

    Congress makes the following findings:
            (1) On September 14, 2016, the United States and Israel 
        signed a 10-year Memorandum of Understanding reaffirming 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 two countries.
            (2) The 2016 Memorandum of Understanding reflected United 
        States support of Foreign Military Financing (FMF) grant 
        assistance to Israel over the 10-year period beginning in 
        fiscal year 2019 and ending in fiscal year 2028. Such FMF grant 
        assistance would equal $3.3 billion annually, totaling $33 
        billion.
            (3) The 2016 Memorandum of Understanding also reflected 
        United States support for funding for cooperative programs to 
        develop, produce, and procure missile, rocket and projectile 
        defense capabilities over a 10-year period beginning in fiscal 
        year 2019 and ending in fiscal year 2028 at a level of $500 
        million annually, totaling $5 billion.

SEC. 202. STATEMENT OF POLICY.

    It is the policy of the United States to provide assistance to the 
Government of Israel in order to help enable Israel to defend itself by 
itself and develop long-term capacity, primarily through the 
acquisition of advanced capabilities that are available from the United 
States.

SEC. 203. 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 on the status of the contingency 
plans required under subsection (a).

SEC. 204. WAIVER FOR EXISTING OR IMMINENT MILITARY THREAT TO ISRAEL.

    Section 38 of the Arms Export Control Act is amended by adding at 
the end the following:
    ``(l) Waiver for Existing or Imminent Military Threat to Israel.--
            ``(1) In general.--Upon receiving information that Israel 
        is under an existing or imminent threat of military attack, the 
        President may waive the requirements of this Act and direct the 
        immediate transfer to Israel of such defense articles or 
        services the President determines to be necessary to assist 
        Israel in its defense against such threat. Amounts obligated or 
        expended to carry out this paragraph shall not be subject to 
        any limitation in law, or provision of any bilateral agreement, 
        relating to the amount of United States assistance authorized 
        to be made available to Israel.
            ``(2) Notification required.--As soon as practicable after 
        a transfer of defense articles or services pursuant to the 
        authority provided by paragraph (1), the President shall 
        provide a notification in writing to Congress of the details of 
        such transfer, consistent with the requirements of section 36 
        of this Act.''.

SEC. 205. 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 and 2024'';
            (2) in paragraph (2), by striking ``equal to--'' and all 
        that follows and inserting ``not less than $3,300,000,000.''; 
        and
            (3) in paragraph (3), by striking ``Funds authorized'' and 
        all that follows through ``later.'' and inserting ``Funds 
        authorized to be available for Israel under subsection (b)(1) 
        and paragraph (1) of this subsection for fiscal years 2020, 
        2021, 2022, 2023, and 2024 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. 206. JOINT ASSESSMENT OF QUANTITY OF PRECISION GUIDED MUNITIONS 
              FOR USE BY ISRAEL.

    (a) In General.--The President, acting through the Secretary of 
Defense and in consultation with the Secretary of State, is authorized 
to conduct a joint assessment with the Government of Israel with 
respect to the matters described in subsection (b).
    (b) Matters Described.--The matters described in this subsection 
are the following:
            (1) The quantity and type of precision guided munitions 
        that are necessary for Israel to combat Hezbollah in the event 
        of a sustained armed confrontation between Israel and 
        Hezbollah.
            (2) The quantity and type of precision guided munitions 
        that are necessary for Israel in the event of a sustained armed 
        confrontation with other armed groups and terrorist 
        organizations such as Hamas.
            (3) The resources the Government of Israel can plan to 
        dedicate to acquire such precision guided munitions.
            (4) United States planning to assist Israel to prepare for 
        the sustained armed confrontations described in paragraphs (1) 
        and (2) as well as the ability of the United States to resupply 
        Israel in the event of such confrontations described in 
        paragraphs (1) and (2), if any.
    (c) Report.--
            (1) In general.--Not later than 15 days after the date on 
        which the joint assessment authorized under subsection (a) is 
        completed, the Secretary of Defense shall submit to the 
        appropriate congressional committees a report that contains the 
        joint assessment.
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.

SEC. 207. 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 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) Certification.--Except in the case of an 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. 208. SENSE OF CONGRESS ON RAPID ACQUISITION AND DEPLOYMENT 
              PROCEDURES.

    It is the sense of Congress that the President should prescribe 
procedures for the rapid acquisition and deployment of precision guided 
munitions for United States counterterrorism missions, or to assist an 
ally of the United States, including Israel, that is subject to direct 
missile threat.

SEC. 209. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.

    (a) Department of Defense Appropriations Act, 2005.--Subsection (d) 
of section 12001 of the Department of Defense Appropriations Act, 2005 
(Public Law 108-287; 118 Stat. 1011) is amended by striking ``after 
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 ``2020, 2021, 2022, 2023, 2024, and 2025''.

SEC. 210. 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 
        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; and
                    (B) the Convention on the Physical Protection of 
                Nuclear Material, adopted at Vienna on October 26, 
                1979.
            (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 to the 
        appropriate congressional committees a report 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 
        section, as required under 6(b) of the United States-Israel 
        Strategic Partnership Act of 2014 (22 U.S.C. 8603 note).
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.

SEC. 211. 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, 2020'' and inserting ``September 30, 2025''; 
        and
            (2) in the second proviso, by striking ``September 30, 
        2020'' and inserting ``September 30, 2025''.

SEC. 212. DEFINITION.

    In this title, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate.

 TITLE III--JUSTICE FOR UNITED STATES VICTIMS OF PALESTINIAN TERRORISM

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Justice for United States Victims 
of Palestinian Terrorism Act''.

SEC. 302. FACILITATION OF THE SETTLEMENT OF TERRORISM-RELATED CLAIMS OF 
              NATIONALS OF THE UNITED STATES.

    (a) Comprehensive Process To Facilitate the Resolution of Anti-
Terrorism Act Claims.--The Secretary of State, in consultation with the 
Attorney General, shall, not later than 30 days after the date of 
enactment of this Act, develop and initiate a comprehensive process for 
the Department of State to facilitate the resolution and settlement of 
covered claims.
    (b) Elements of Comprehensive Process.--The comprehensive process 
developed under subsection (a) shall include, at a minimum, the 
following:
            (1) Not later than 45 days after the date of enactment of 
        this Act, the Department of State shall publish a notice in the 
        Federal Register identifying the method by which a national of 
        the United States, or a representative of a national of the 
        United States, who has a covered claim, may contact the 
        Department of State to give notice of the covered claim.
            (2) Not later than 120 days after the date of enactment of 
        this Act, the Secretary of State, or a designee of the 
        Secretary, shall meet (and make every effort to continue to 
        meet on a regular basis thereafter) with any national of the 
        United States, or a representative of a national of the United 
        States, who has a covered claim and has informed the Department 
        of State of the covered claim using the method established 
        pursuant to paragraph (1) to discuss the status of the covered 
        claim, including the status of any settlement discussions with 
        the Palestinian Authority or the Palestine Liberation 
        Organization.
            (3) Not later than 180 days after the date of enactment of 
        this Act, the Secretary of State, or a designee of the 
        Secretary, shall make every effort to meet (and make every 
        effort to continue to meet on a regular basis thereafter) with 
        representatives of the Palestinian Authority and the Palestine 
        Liberation Organization to discuss the covered claims 
        identified pursuant to paragraph (1) and potential settlement 
        of the covered claims.
    (c) Report to Congress.--The Secretary of State shall, not later 
than 240 days after the date of enactment of this Act, and annually 
thereafter for 5 years, submit to the Committee on the Judiciary and 
the Committee on Foreign Relations of the Senate and the Committee on 
the Judiciary and the Committee on Foreign Affairs of the House of 
Representatives a report describing activities that the Department of 
State has undertaken to comply with this section, including specific 
updates regarding paragraphs (2) and (3) of subsection (b).
    (d) Sense of Congress.--It is the sense of Congress that--
            (1) covered claims should be resolved in a manner that 
        provides just compensation to the victims;
            (2) covered claims should be resolved and settled in favor 
        of the victim to the fullest extent possible and without 
        subjecting victims to unnecessary or protracted litigation;
            (3) the United States Government should take all 
        practicable steps to facilitate the resolution and settlement 
        of all covered claims, including engaging directly with the 
        victims or their representatives and the Palestinian Authority 
        and the Palestine Liberation Organization; and
            (4) the United States Government should strongly urge the 
        Palestinian Authority and the Palestine Liberation Organization 
        to commit to good-faith negotiations to resolve and settle all 
        covered claims.
    (e) Definition.--In this section, the term ``covered claim'' means 
any pending action by, or final judgment in favor of, a national of the 
United States, or any action by a national of the United States 
dismissed for lack of personal jurisdiction, under section 2333 of 
title 18, United States Code, against the Palestinian Authority or the 
Palestine Liberation Organization.

SEC. 303. MODIFICATION TO CONSENT OF CERTAIN PARTIES TO PERSONAL 
              JURISDICTION.

    (a) Amendment to Title 18.--Section 2334 of title 18, United States 
Code, is amended--
            (1) by striking subparagraphs (A) and (B) of subsection 
        (e)(1) and inserting the following:
                    ``(A) beginning on the date that is 180 days after 
                the date of enactment of this subparagraph, makes, 
                renews, promotes, or advances any application in order 
                to obtain the same standing as a member state in the 
                United Nations or any specialized agency thereof, or 
                accepts such standing, outside an agreement negotiated 
                between Israel and the Palestinians; or
                    ``(B) beginning on the date that is 15 days after 
                the date of enactment of the Justice for United States 
                Victims of Palestinian Terrorism Act--
                            ``(i) continues to maintain any office, 
                        headquarters, premises, or other facilities or 
                        establishments in the United States; or
                            ``(ii) establishes or procures any office, 
                        headquarters, premises, or other facilities or 
                        establishments in the United States.''; and
            (2) And by inserting after paragraph (2) the following:
            ``(3) Defendant defined.--For purposes of paragraph (1) of 
        this subsection, the term `defendant' means--
                    ``(A) the Palestinian Authority;
                    ``(B) the Palestine Liberation Organization;
                    ``(C) any organization or other entity that is a 
                successor to or affiliated with the Palestinian 
                Authority or the Palestine Liberation Organization; or
                    ``(D) any organization or other entity--
                            ``(i) identified in subparagraph (A), (B), 
                        or (C); and
                            ``(ii) that self-identifies as, holds 
                        itself out to be, or carries out conduct in the 
                        name of, the `State of Palestine' or 
                        `Palestine' in connection with official 
                        business of the United Nations.
            ``(4) Exception for certain activities and locations.--In 
        determining whether a defendant shall be deemed to have 
        consented to personal jurisdiction under paragraph (1)(B), a 
        court may not consider--
                    ``(A) any office, headquarters, premises or other 
                facility or establishment used exclusively for the 
                purpose of conducting official business of the United 
                Nations; or
                    ``(B) any activity undertaken exclusively for the 
                purpose of conducting official business of the United 
                Nations.
            ``(5) Rule of construction.--Notwithstanding any other law 
        (including any treaty), any office, headquarters, premises, or 
        other facility or establishment within the territory of the 
        United States that is not specifically exempted by paragraph 
        (4)(A) shall be considered to be in the United States for 
        purposes of clauses (i) and (ii) of paragraph (1)(B).''.
    (b) Prior Consent Not Abrogated.--The amendments made by this 
section do not abrogate any consent deemed to have been given under 
section 2334(e) of title 18, United States Code, as in effect on the 
day before the date of enactment of this Act.

                      TITLE IV--BUDGETARY EFFECTS

SEC. 401. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives July 23, 2019.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 1837

_______________________________________________________________________

                                 AN ACT

    To make improvements to certain defense and security assistance 
   provisions and to authorize assistance for Israel, and for other 
                               purposes.