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