[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3176 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3176

   To amend the Foreign Assistance Act of 1961 and the United States-
   Israel Strategic Partnership Act of 2014 to make improvements to 
certain defense and security assistance provisions and to authorize the 
       appropriations of funds to Israel, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2020

 Mr. Rubio (for himself and Mr. Coons) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To amend the Foreign Assistance Act of 1961 and the United States-
   Israel Strategic Partnership Act of 2014 to make improvements to 
certain defense and security assistance provisions and to authorize the 
       appropriations of funds to Israel, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States-
Israel Security Assistance Authorization Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition.
                TITLE I--SECURITY ASSISTANCE FOR ISRAEL

Sec. 101. Findings.
Sec. 102. Statement of policy.
Sec. 103. Security assistance for Israel.
Sec. 104. Extension of war reserves stockpile authority.
Sec. 105. Extension of loan guarantees to Israel.
Sec. 106. Transfer of precision guided munitions to Israel.
Sec. 107. Sense of Congress on rapid acquisition and deployment 
                            procedures.
Sec. 108. Eligibility of Israel for the strategic trade authorization 
                            exception to certain export control 
                            licensing requirements.
          TITLE II--ENHANCED UNITED STATES-ISRAEL COOPERATION

Sec. 201. United States Agency for International Development memoranda 
                            of understanding to enhance cooperation 
                            with Israel.
Sec. 202. Cooperative projects among the United States, Israel, and 
                            developing countries.
Sec. 203. Joint cooperative program related to innovation and high-tech 
                            for the Middle East region.
Sec. 204. Sense of Congress on United States-Israel economic 
                            cooperation.
Sec. 205. Cooperation on directed energy capabilities.
Sec. 206. Contingency plans to provide Israel with necessary defense 
                            articles and services.

SEC. 2. DEFINITION.

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

                TITLE I--SECURITY ASSISTANCE FOR ISRAEL

SEC. 101. FINDINGS.

    Congress makes the following findings:
            (1) On September 14, 2016, the United States and Israel 
        signed a 10-year Memorandum of Understanding to reaffirm the 
        importance of continuing annual United States military 
        assistance to Israel and cooperative missile defense programs 
        in a way that enhances Israel's security and strengthens the 
        bilateral relationship between the 2 countries.
            (2) The 2016 Memorandum of Understanding reflects United 
        States support of Foreign Military Financing grant assistance 
        to Israel over a 10-year period beginning in fiscal year 2019 
        and ending in fiscal year 2028.
            (3) The 2016 Memorandum of Understanding also reflects 
        United States support for funding for cooperative programs to 
        develop, produce, and procure missile, rocket, and projectile 
        defense capabilities during such 10-year period at an average 
        funding level of $500,000,000 per year, totaling $5,000,000,000 
        for such period.

SEC. 102. STATEMENT OF POLICY.

    It is the policy of the United States to provide assistance to the 
Government of Israel to help Israel to defend itself by developing 
long-term capacity, primarily through the acquisition of advanced 
capabilities from the United States.

SEC. 103. SECURITY ASSISTANCE FOR ISRAEL.

    Section 513(c) of the Security Assistance Act of 2000 (Public Law 
106-280; 114 Stat. 856) is amended--
            (1) in paragraph (1), by striking ``2002 and 2003'' and 
        inserting ``2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, and 
        2028'';
            (2) in paragraph (2), by striking ``equal to--'' and all 
        that follows and inserting ``not less than $3,300,000,000.''; 
        and
            (3) by amending paragraph (3) to read as follows:
            ``(3) Disbursement of funds.--Amounts authorized to be 
        available for Israel under paragraph (1) and subsection (b)(1) 
        for fiscal years 2020, 2021, 2022, 2023, 2024, 2025, 2026, 
        2027, and 2028 shall be disbursed not later than 30 days after 
        the date of the enactment of an Act making appropriations for 
        the Department of State, foreign operations, and related 
        programs for the respective fiscal year, or October 31 of the 
        respective fiscal year, whichever is later.''.

SEC. 104. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.

    (a) Department of Defense Appropriations Act, 2005.--Section 
12001(d) of the Department of Defense Appropriations Act, 2005 (Public 
Law 108-287; 118 Stat. 1011) is amended by striking ``more than 11 
years after the date of the enactment of this Act'' and inserting 
``after September 30, 2025''.
    (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by 
striking ``2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020'' and 
inserting ``2020, 2021, 2022, 2023, 2024, and 2025''.

SEC. 105. EXTENSION OF LOAN GUARANTEES TO ISRAEL.

    Chapter 5 of title I of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended 
under the heading ``Loan Guarantees to Israel''--
            (1) in the matter preceding the first proviso, by striking 
        ``September 30, 2019'' and inserting ``September 30, 2025''; 
        and
            (2) in the second proviso, by striking ``September 30, 
        2019'' and inserting ``September 30, 2025''.

SEC. 106. TRANSFER OF PRECISION GUIDED MUNITIONS TO ISRAEL.

    (a) In General.--Notwithstanding section 514 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized 
to transfer to Israel precision guided munitions from reserve stocks 
for Israel in such quantities as may be necessary for legitimate self-
defense of Israel and is otherwise consistent with the purposes and 
conditions for such transfers under the Arms Export Control Act (22 
U.S.C. 2751 et seq.).
    (b) Certifications.--Except in case of emergency, as determined by 
the President, not later than 5 days before making a transfer under 
subsection (a), the President shall certify to the appropriate 
congressional committees that the transfer of the precision guided 
munitions--
            (1) does not affect the ability of the United States to 
        maintain a sufficient supply of precision guided munitions;
            (2) does not harm the combat readiness of the United States 
        or the ability of the United States to meet its commitment to 
        allies for the transfer of such munitions;
            (3) is necessary for Israel to counter the threat of 
        rockets in a timely fashion; and
            (4) is in the national security interest of the United 
        States.

SEC. 107. SENSE OF CONGRESS ON RAPID ACQUISITION AND DEPLOYMENT 
              PROCEDURES.

    It is the sense of Congress that the President should--
            (1) prescribe procedures for the rapid acquisition and 
        deployment of precision guided munitions for United States 
        counterterrorism missions; or
            (2) assist Israel, which is an ally of the United States, 
        to protect itself against direct missile threats.

SEC. 108. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION 
              EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING 
              REQUIREMENTS.

    (a) Findings.--Congress finds the following:
            (1) Israel has adopted high standards in the field of 
        weapons export controls.
            (2) Israel has declared its unilateral adherence to the 
        Missile Technology Control Regime, the Australia Group, and the 
        Nuclear Suppliers Group.
            (3) Israel is a party to--
                    (A) the Protocol for the Prohibition of the Use in 
                War of Asphyxiating, Poisonous or Other Gases, and of 
                Bacteriological Methods of Warfare, signed at Geneva 
                June 17, 1925 (commonly known as the ``Geneva 
                Protocol''); and
                    (B) the Convention on the Physical Protection of 
                Nuclear Material, signed at Vienna and New York March 
                3, 1980.
            (4) Section 6(b) of the United States-Israel Strategic 
        Partnership Act of 2014 (22 U.S.C. 8603 note) directs the 
        President, consistent with the commitments of the United States 
        under international agreements, to take steps so that Israel 
        may be included in the list of countries eligible for the 
        strategic trade authorization exception under section 
        740.20(c)(1) of title 15, Code of Federal Regulations, to the 
        requirement for a license for the export, re-export, or in-
        country transfer of an item subject to controls under the 
        Export Administration Regulations.
    (b) Report on Eligibility for Strategic Trade Authorization 
Exception.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the President shall submit a report 
        to the appropriate congressional committees that describes the 
        steps taken to include Israel in the list of countries eligible 
        for the strategic trade authorization exception under section 
        740.20(c)(1) of title 15, Code of Federal Regulations, as 
        required under section 6(b) of the United States-Israel 
        Strategic Partnership Act of 2014 (Public Law 113-296).
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.

          TITLE II--ENHANCED UNITED STATES-ISRAEL COOPERATION

SEC. 201. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MEMORANDA 
              OF UNDERSTANDING TO ENHANCE COOPERATION WITH ISRAEL.

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

SEC. 202. COOPERATIVE PROJECTS AMONG THE UNITED STATES, ISRAEL, AND 
              DEVELOPING COUNTRIES.

    Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151d) 
is amended by striking subsection (e) and (f) and inserting the 
following:
    ``(e) There are authorized to be appropriated $2,000,000 for each 
of the fiscal years 2020 through 2024 to finance cooperative projects 
among the United States, Israel, and developing countries that identify 
and support local solutions to address sustainability challenges 
relating to water resources, agriculture, and energy storage, 
including--
            ``(1) establishing public-private partnerships;
            ``(2) supporting the identification, research, development 
        testing, and scaling of innovations that focus on populations 
        that are vulnerable to environmental and resource-scarcity 
        crises, such as subsistence farming communities;
            ``(3) seed or transition-to-scale funding, publicity and 
        marketing promotional support, or mentorship and partnership 
        brokering support; and
            ``(4) accelerating demonstrations or applications of local 
        solutions to sustainability challenges, or the further 
        refinement, testing, or implementation of innovations that have 
        previously effectively addressed sustainability challenges.''.

SEC. 203. JOINT COOPERATIVE PROGRAM RELATED TO INNOVATION AND HIGH-TECH 
              FOR THE MIDDLE EAST REGION.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should help foster cooperation in the 
        Middle East region by financing and, as appropriate, 
        cooperating in projects related to innovation and advanced 
        technologies; and
            (2) projects referred to in paragraph (1) should--
                    (A) contribute to development and the quality of 
                life in the Middle East region through the application 
                of research and advanced technology; and
                    (B) contribute to Arab-Israeli cooperation by 
                establishing strong working relationships that last 
                beyond the life of such projects.
    (b) Establishment.--The Secretary of State, acting through the 
Administrator of the United States Agency for International 
Development, is authorized to seek to establish a program between the 
United States, Israel, Egypt, Jordan, Morocco, Tunisia, Lebanon, and 
the West Bank and Gaza Strip to provide for cooperation in the Middle 
East region by financing and, as appropriate, cooperating in projects 
related to innovation and advanced technologies.
    (c) Project Requirements.--Each project carried out under the 
program established pursuant to subsection (b)--
            (1) shall include the participation of at least 1 entity 
        from Israel and 1 entity of Egypt, Jordan, Morocco, Tunisia, 
        Lebanon, and the West Bank and Gaza Strip; and
            (2) should include participation from not fewer than 3 or 
        more such entities to the maximum extent practicable.

SEC. 204. SENSE OF CONGRESS ON UNITED STATES-ISRAEL ECONOMIC 
              COOPERATION.

    It is the sense of Congress that--
            (1) the United States-Israel economic partnership--
                    (A) has achieved great tangible and intangible 
                benefits to both countries; and
                    (B) is a foundational component of the strong 
                alliance;
            (2) science and technology innovations present promising 
        new frontiers for United States-Israel economic cooperation, 
        particularly in light of widespread drought, cybersecurity 
        attacks, and other major challenges impacting the United 
        States; and
            (3) the President should regularize and expand existing 
        forums of economic dialogue with Israel and foster both public 
        and private sector participation.

SEC. 205. COOPERATION ON DIRECTED ENERGY CAPABILITIES.

    (a) Authority.--
            (1) In general.--The Secretary of Defense, upon a request 
        from the Ministry of Defense of Israel, and with the 
        concurrence of the Secretary of State, is authorized to carry 
        out research, development, test, and evaluation activities, on 
        a joint basis with Israel, to establish directed energy 
        capabilities that address threats to the United States, 
        deployed forces of the United States, or Israel. Any activities 
        carried out under this paragraph shall be conducted in a manner 
        that appropriately protects sensitive information, the national 
        security interests of the United States, and the national 
        security interests of Israel.
            (2) Report.--The activities described in paragraph (1) may 
        be carried out after the Secretary of Defense submits a report 
        to the appropriate congressional committees that includes--
                    (A) a memorandum of agreement between the United 
                States and Israel regarding sharing of research and 
                development costs for the capabilities described in 
                paragraph (1), and any supporting documents; and
                    (B) a certification that the memorandum of 
                agreement referred to in subparagraph (A)--
                            (i) requires sharing of costs of projects, 
                        including in-kind support, between the United 
                        States and Israel;
                            (ii) establishes a framework to negotiate 
                        the rights to any intellectual property 
                        developed under the memorandum of agreement; 
                        and
                            (iii) requires the United States Government 
                        to receive semiannual reports on expenditure of 
                        funds, if any, by the Government of Israel, 
                        including--
                                    (I) a description of what the funds 
                                have been used for and when funds were 
                                expended; and
                                    (II) the identification of entities 
                                that expended such funds.
    (b) Support in Connection With Activities.--
            (1) In general.--The Secretary of Defense is authorized to 
        provide maintenance and sustainment support to Israel for the 
        directed energy capabilities research, development, test, and 
        evaluation activities authorized under subsection (a)(1), 
        including the installation of equipment that is necessary to 
        carry out such research, development, test, and evaluation.
            (2) Report.--The support described in paragraph (1) may not 
        be provided until 15 days after the Secretary of Defense 
        submits a report to the appropriate congressional committees 
        that describes in detail the support to be provided.
            (3) Matching contribution.--The support described in 
        paragraph (1) may not be provided unless the Secretary of 
        Defense certifies to the appropriate congressional committees 
        that the Government of Israel will contribute to such support--
                    (A) an amount equal to not less than the amount of 
                support to be so provided; or
                    (B) an amount that otherwise meets the best efforts 
                of Israel, as mutually agreed to by the United States 
                and Israel.
    (c) Lead Agency.--The Secretary of Defense shall designate an 
appropriate research and development entity of a military department as 
the lead agency of the Department of Defense in carrying out this 
section.
    (d) Semiannual Report.--The Secretary of Defense shall submit a 
semiannual report to the appropriate congressional committees that 
includes the most recent semiannual report provided by the Government 
of Israel to the Department of Defense pursuant to subsection 
(a)(2)(B)(iii).

SEC. 206. CONTINGENCY PLANS TO PROVIDE ISRAEL WITH NECESSARY DEFENSE 
              ARTICLES AND SERVICES.

    (a) In General.--The President, acting through the Secretary of 
Defense and in consultation with the Secretary of State, shall 
establish and update, as appropriate, contingency plans to provide 
Israel with defense articles and services that are determined by the 
Secretary of Defense to be necessary for the defense of Israel.
    (b) Congressional Briefing.--Not later than 1 year after the date 
of the enactment of this Act, and annually thereafter, the Secretary of 
Defense, in consultation with the Secretary of State, shall brief the 
appropriate congressional committees regarding the status of the 
contingency plans required under subsection (a).
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