22 USC Ch. 93: UNITED STATES-ISRAEL COOPERATION
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22 USC Ch. 93: UNITED STATES-ISRAEL COOPERATION
From Title 22—FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 93—UNITED STATES-ISRAEL COOPERATION

Sec.
8601.
Findings.
8602.
Statement of policy.
8603.
United States actions to assist in the defense of Israel and protect United States interests.
8604.
Reports required.
8605.
Definitions.
8606.
United States-Israel cooperation on energy, water, homeland security, agriculture, and alternative fuel technologies.
8607.
Other matters of cooperation.

        

§8601. Findings

Congress makes the following findings:

(1) Since 1948, United States Presidents and both houses of Congress, on a bipartisan basis and supported by the American people, have repeatedly reaffirmed the special bond between the United States and Israel, based on shared values and shared interests.

(2) The Middle East is undergoing rapid change, bringing with it hope for an expansion of democracy but also great challenges to the national security of the United States and our allies in the region, particularly to our most important ally in the region, Israel.

(3) The Government of the Islamic Republic of Iran is continuing its decades-long pattern of seeking to foment instability and promote extremism in the Middle East, particularly in this time of dramatic political transition.

(4) At the same time, the Government of the Islamic Republic of Iran continues to enrich uranium in defiance of multiple United Nations Security Council resolutions.

(5) A nuclear-weapons capable Iran would fundamentally threaten vital United States interests, encourage regional nuclear proliferation, further empower Iran, the world's leading state sponsor of terror, and pose a serious and destabilizing threat to Israel and the region.

(6) Over the past several years, with the assistance of the Governments of the Islamic Republic of Iran and Syria, Hizbollah and Hamas have increased their stockpile of rockets, with more than 60,000 now ready to be fired at Israel. The Government of the Islamic Republic of Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran's neighbors, Israel, and United States Armed Forces in the region.

(7) As a result, Israel is facing a fundamentally altered strategic environment.

(8) Pursuant to chapter 5 of title 1 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 576), the authority to make available loan guarantees to Israel is currently set to expire on September 30, 2012.

(Pub. L. 112–150, §2, July 27, 2012, 126 Stat. 1146.)


Statutory Notes and Related Subsidiaries

Short Title of 2014 Amendment

Pub. L. 113–296, §1, Dec. 19, 2014, 128 Stat. 4075, provided that: "This Act [enacting section 8606 of this title, amending sections 2321h and 2776 of this title and section 17337 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 8602, 8603, and 8606 of this title, and amending provisions set out as a note under section 2776 of this title] may be cited as the 'United States-Israel Strategic Partnership Act of 2014'."

Short Title

Pub. L. 112–150, §1, July 27, 2012, 126 Stat. 1146, provided that: "This Act [enacting this chapter and amending section 2321h of this title] may be cited as the 'United States-Israel Enhanced Security Cooperation Act of 2012'."

Israel Relations Normalization

Pub. L. 117–103, div. Z, Mar. 15, 2022, 136 Stat. 1059, provided that:

"SEC. 101. SHORT TITLE.

"This division may be cited as the 'Israel Relations Normalization Act of 2022'.

"SEC. 102. FINDINGS.

"Congress makes the following findings:

"(1) Support for peace between Israel and its neighbors has longstanding bipartisan support in Congress.

"(2) For decades, Congress has promoted Israel's acceptance among Arab and other relevant countries and regions by passing numerous laws opposing efforts to boycott, isolate, and stigmatize America's ally, Israel.

"(3) The recent peace and normalization agreements between Israel and several Arab states—the United Arab Emirates, Bahrain, Sudan, and Morocco—have the potential to fundamentally transform the security, diplomatic, and economic environment in the Middle East and North Africa and advance vital United States national security interests.

"(4) These historic agreements could help advance peace between and among Israel, the Arab states, and other relevant countries and regions, further diplomatic openings, and enhance efforts towards a negotiated solution to the Israeli-Palestinian conflict resulting in two states—a democratic Jewish state of Israel and a viable, democratic Palestinian state—living side by side in peace, security, and mutual recognition.

"(5) These agreements build upon the decades-long leadership of the United States Government in helping Israel broker peace treaties with Egypt and Jordan and promoting peace talks between Israel and Syria, Lebanon, and the Palestinians.

"(6) These agreements also build on decades of private diplomatic and security engagement between Israel and countries in the region.

"(7) These normalization and peace agreements could begin to transform the region by spurring economic growth, investment, and tourism, enhancing technological innovation, promoting security cooperation, bolstering water security and sustainable development, advancing understanding, and forging closer people-to-people relations.

"SEC. 103. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

"In this division, the term 'appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

"SEC. 104. STATEMENT OF POLICY.

"It is the policy of the United States—

"(1) to expand and strengthen the Abraham Accords to encourage other nations to normalize relations with Israel and ensure that existing agreements reap tangible security and economic benefits for the citizens of those countries;

"(2) to develop and implement a regional strategy to encourage economic cooperation between and among Israel, Arab states, and the Palestinians to enhance the prospects for peace, respect for human rights, transparent governance, and for cooperation to address water scarcity, climate solutions, health care, sustainable development, and other areas that result in benefits for residents of those countries and regions;

"(3) to develop and implement a regional security strategy that recognizes the shared threat posed by Iran and violent extremist organizations, ensures sufficient United States deterrence in the region, builds partner capacity to address shared threats, and explores multilateral security arrangements built around like-minded partners;

"(4) to support and encourage government-to-government and grassroots initiatives aimed at normalizing ties with the state of Israel and promoting people-to-people contact between Israelis, Arabs, and residents of other relevant countries and regions, including by expanding and enhancing the Abraham Accords;

"(5) to support a negotiated solution to the Israeli-Palestinian conflict resulting in two states living side by side in peace, security, and mutual recognition;

"(6) to implement the Nita M. Lowey Middle East Partnership for Peace Act [of 2020] (title VIII of division K of Public Law 116–260) [22 U.S.C. 2346d note], which will support economic development and peacebuilding efforts among Israelis and Palestinians, in a manner which encourages regional allies to become international donors to these efforts;

"(7) to oppose efforts to delegitimize the state of Israel and legal barriers to normalization with Israel; and

"(8) to work to combat anti-Semitism and support normalization with Israel, including by countering anti-Semitic narratives on social media and state media and pressing for curricula reform in education.

"SEC. 105. UNITED STATES STRATEGY TO STRENGTHEN AND EXPAND THE ABRAHAM ACCORDS AND OTHER RELATED NORMALIZATION AGREEMENTS WITH ISRAEL.

"(a) In General.—Not later than 90 days after the date of the enactment of this Act [Mar. 15, 2022], and annually thereafter, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other appropriate Federal departments and agencies, shall develop and submit to the appropriate congressional committees a strategy on expanding and strengthening the Abraham Accords.

"(b) Elements.—The strategy required under subsection (a) shall include the following elements:

"(1) An assessment of future staffing and resourcing requirements of entities within the Department of State, the United States Agency for International Development, and other appropriate Federal departments and agencies with responsibility to coordinate United States efforts to expand and strengthen the Abraham Accords.

"(2) An assessment of opportunities to further promote bilateral and multilateral cooperation between Israel, Arab states, and other relevant countries and in the economic, social, cultural, scientific, technical, educational, and health fields and an assessment of roadblocks to increased cooperation.

"(3) An assessment of bilateral and multilateral security cooperation between Israel, the United States, Arab states, and other relevant countries and regions that have normalized relations with Israel, including an assessment of potential roadblocks to increased security cooperation, interoperability, and information sharing.

"(4) An assessment of the likelihood of additional Arab and other relevant countries and regions to normalize relations with Israel.

"(5) An assessment of opportunities created by normalization agreements with Israel to advance prospects for peace between Israelis and Palestinians[.]

"(6) A detailed description of how the United States Government will leverage diplomatic lines of effort and resources from other stakeholders (including from foreign governments, international donors, and multilateral institutions) to encourage normalization, economic development, and people-to-people programming.

"(7) Identification of existing investment funds that support Israel-Arab state cooperation and recommendations for how such funds could be used to support normalization and increase prosperity for all relevant stakeholders.

"(8) A proposal for how the United States Government and others can utilize the scholars and Arabic language resources of the United States Holocaust Museum to counter Holocaust denial and anti-Semitism.

"(9) An assessment for creating an Abrahamic Center for Pluralism to prepare educational materials, convene international seminars, promote tolerance and pluralism, and bring together scholars as a means of advancing religious tolerance and countering political and religious extremism.

"(10) Recommendations to improve Department of State cooperation and coordination, particularly between the Special Envoy to Monitor Anti-Semitism and the Ambassador at Large for International Religious Freedom, and the Office of International Religious Freedom, to combat racism, xenophobia, Islamophobia, and anti-Semitism, which hinder improvement of relations between Israel, Arab states, and other relevant countries and regions.

"(11) An assessment on the value and feasibility of Federal support for inter-parliamentary exchange programs for Members of Congress, Knesset, and parliamentarians from Arab and other relevant countries and regions, including through existing Federal programs that support such exchanges.

"(c) Form.—The report required under subsection (a) shall be in unclassified form but may contain a classified annex.

"SEC. 106. BREAKING DOWN BARRIERS TO NORMALIZATION WITH ISRAEL.

"(a) Short Title.—This section may be cited as the 'Strengthening Reporting of Actions Taken Against the Normalization of Relations with Israel Act of 2022'.

"(b) Findings.—Congress makes the following findings:

"(1) The Arab League, an organization comprising 22 Middle Eastern and African countries and entities, has maintained an official boycott of Israeli companies and Israeli-made goods since the founding of Israel in 1948.

"(2) Longstanding United States policy has encouraged Arab League states to normalize their relations with Israel and has long prioritized funding cooperative programs that promote normalization between Arab League States and Israel, including the Middle East Regional Cooperation program, which promotes Arab-Israeli scientific cooperation.

"(3) While some Arab League governments are signaling enhanced cooperation with the state of Israel on the government-to-government level, most continue to persecute their own citizens who establish people-to-people relations with Israelis in nongovernmental fora, through a combination of judicial and extrajudicial retribution.

"(4) Some Arab League states maintain draconian anti-normalization laws that punish their citizens for people-to-people relations with Israelis, with punishments, including imprisonment, revocation of citizenship, and execution. Extrajudicial punishments by these and other Arab states include summary imprisonment, accusations of 'treason' in government-controlled media, and professional blacklisting.

"(5) Anti-normalization laws, together with the other forms of retribution, effectively condemn these societies to mutual estrangement and, by extension, reduce the possibility of conciliation and compromise.

"(6) Former Israeli President Shimon Peres said in 2008 at the United Nations that Israel agrees with the Arab Peace Initiative that a military solution to the conflict 'will not achieve peace or provide security for the parties'.

"(7) Despite the risk of retaliatory action, a rising tide of Arab civic actors advocate direct engagement with Israeli citizens and residents. These include the Arab Council for Regional Integration, a group of 32 public figures from 15 Arab countries who oppose the boycott of Israel on the grounds that the boycott has denied Arabs the benefits of partnership with Israelis, has blocked Arabs from helping to bridge the Israeli-Palestinian divide, and inspired divisive intra-Arab boycotts among diverse sects and ethnic groups.

"(8) On February 11, 2020, a delegation of the Arab Council to the French National Assembly in Paris testified to the harmful effects of 'anti-normalization laws', called on the Assembly to enact a law instructing the relevant French authorities to issue an annual report on instances of Arab government retribution for any of their citizens or residents who call for peace with Israel or engage in direct civil relations with Israeli citizens, and requested democratic legislatures to help defend the region's civil peacemakers.

"(9) On May 11, 2020, 85 leaders in France published an endorsement of the Arab Council's proposal, calling on France and other democratic governments to 'protect Arabs who engage in dialogue with Israeli citizens' and proposing 'the creation of a study group in the National Assembly as well as in the Senate whose mission would be to ensure a legal and technical monitoring of the obstacles which Arab proponents of dialogue with Israelis face'.

"(10) Arab-Israeli cooperation provides significant symbiotic benefit to the security and economic prosperity of the region.

"(c) Additional Reporting.—

"(1) In general.—Not later than 90 days after the date of the enactment of this Act [Mar. 15, 2022], and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report on the status of efforts to promote normalization of relations with Israel and other countries.

"(2) Elements.—The report required under paragraph (1) shall include the following information:

"(A) The status of 'anti-normalization laws' in countries comprising the Arab League, including efforts within each country to sharpen existing laws, enact new or additional 'anti-normalization legislation', or repeal such laws.

"(B) Instances of the use of state-owned or state-operated media outlets to promote anti-Semitic propaganda, the prosecution of citizens or residents of Arab countries for calling for peace with Israel, visiting the state of Israel, or engaging Israeli citizens in any way.

"(C) Instances of extrajudicial retribution by Arab governments or government-controlled institutions against citizens or residents of Arab countries for any of the same actions referred to in subparagraph (B).

"SEC. 107. SUNSET.

"This division shall cease to be effective on the date that is 5 years after the date of the enactment of this Act [Mar. 15, 2022]."

Findings

Pub. L. 113–296, §2, Dec. 19, 2014, 128 Stat. 4075, provided that: "Congress makes the following findings:

"(1) The people and the Governments of the United States and of Israel share a deep and unbreakable bond, forged by over 60 years of shared interests and shared values.

"(2) Today, the people and Governments of the United States and of Israel are facing a dynamic and rapidly changing security environment in the Middle East and North Africa, necessitating deeper cooperation on a range of defense, security, and intelligence matters.

"(3) From Gaza, Hamas continues to deny Israel's right to exist and persists in firing rockets indiscriminately at population centers in Israel.

"(4) Hezbollah—with support from Iran—continues to stockpile rockets and may be seeking to exploit the tragic and volatile security situation within Syria.

"(5) The Government of Iran continues to pose a grave threat to the region and the world at large with its reckless pursuit of nuclear weapons.

"(6) Given these challenges, it is imperative that the United States continues to deepen cooperation with allies like Israel in pursuit of shared policy objectives."

§8602. Statement of policy

It is the policy of the United States:

(1) To reaffirm our unwavering commitment to the security of the State of Israel as a Jewish state. As President Barack Obama stated on December 16, 2011, "America's commitment and my commitment to Israel and Israel's security is unshakeable." And as President George W. Bush stated before the Israeli Knesset on May 15, 2008, on the 60th anniversary of the founding of the State of Israel, "The alliance between our governments is unbreakable, yet the source of our friendship runs deeper than any treaty.".

(2) To help the Government of Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation.

(3) To veto any one-sided anti-Israel resolutions at the United Nations Security Council.

(4) To support Israel's inherent right to self-defense.

(5) To pursue avenues to expand cooperation with the Government of Israel both in defense and across the spectrum of civilian sectors, including high technology, agriculture, medicine, health, pharmaceuticals, and energy.

(6) To assist the Government of Israel with its ongoing efforts to forge a peaceful, negotiated settlement of the Israeli-Palestinian conflict that results in two states living side-by-side in peace and security, and to encourage Israel's neighbors to recognize Israel's right to exist as a Jewish state.

(7) To encourage further development of advanced technology programs between the United States and Israel given current trends and instability in the region.

(Pub. L. 112–150, §3, July 27, 2012, 126 Stat. 1147.)


Statutory Notes and Related Subsidiaries

Statement of Policy

Pub. L. 113–296, §3, Dec. 19, 2014, 128 Stat. 4075, provided that: "It is the policy of the United States—

"(1) to reaffirm the unwavering support of the people and the Government of the United States for the security of Israel as a Jewish state;

"(2) to reaffirm the principles and objectives enshrined in the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112–150) [22 U.S.C. 8601 et seq.] and ensure its implementation to the fullest extent;

"(3) to reaffirm the importance of the 2007 United States-Israel Memorandum of Understanding on United States assistance to Israel and the semi-annual Strategic Dialogue between the United States and Israel;

"(4) to pursue every opportunity to deepen cooperation with Israel on a range of critical issues including defense, homeland security, energy, and cybersecurity;

"(5) to continue to provide Israel with robust security assistance, including for the procurement of the Iron Dome Missile Defense System; and

"(6) to support the Government of Israel in its ongoing efforts to reach a negotiated political settlement with the Palestinian people that results in two states living side-by-side in peace and security."

Statement of Policy Regarding the Visa Waiver Program

Pub. L. 113–296, §9, Dec. 19, 2014, 128 Stat. 4077, provided that: "It shall be the policy of the United States to include Israel in the list of countries that participate in the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) when Israel satisfies, and as long as Israel continues to satisfy, the requirements for inclusion in such program specified in such section."

§8603. United States actions to assist in the defense of Israel and protect United States interests

It is the sense of Congress that the United States Government should take the following actions to assist in the defense of Israel:

(1) Seek to enhance the capabilities of the Governments of the United States and Israel to address emerging common threats, increase security cooperation, and expand joint military exercises.

(2) Provide the Government of Israel such support as may be necessary to increase development and production of joint missile defense systems, particularly such systems that defend against the urgent threat posed to Israel and United States forces in the region.

(3) Provide the Government of Israel assistance specifically for the production and procurement of the Iron Dome defense system for purposes of intercepting short-range missiles, rockets, and projectiles launched against Israel.

(4) Provide the Government of Israel defense articles and defense services through such mechanisms as appropriate, to include air refueling tankers, missile defense capabilities, and specialized munitions.

(5) Provide the Government of Israel additional excess defense articles, as appropriate, in the wake of the withdrawal of United States forces from Iraq.

(6) Examine ways to strengthen existing and ongoing efforts, including the Gaza Counter Arms Smuggling Initiative, aimed at preventing weapons smuggling into Gaza pursuant to the 2009 agreement following the Israeli withdrawal from Gaza, as well as measures to protect against weapons smuggling and terrorist threats from the Sinai Peninsula.

(7) Offer the Air Force of Israel additional training and exercise opportunities in the United States to compensate for Israel's limited air space.

(8) Work to encourage an expanded role for Israel with the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises.

(9) Expand already-close intelligence cooperation, including satellite intelligence, with Israel.

(Pub. L. 112–150, §4, July 27, 2012, 126 Stat. 1147.)


Statutory Notes and Related Subsidiaries

Eligibility of Israel for the Strategic Trade Authorization Exception to Certain Export Control Licensing Requirements

Pub. L. 113–296, §6, Dec. 19, 2014, 128 Stat. 4076, provided that:

"(a) Findings.—Congress finds that Israel—

"(1) has adopted high standards in the field of export controls;

"(2) has declared its unilateral adherence to the Missile Technology Control Regime, the Australia Group, and the Nuclear Suppliers Group; and

"(3) is a party to—

"(A) the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, signed at Geneva October 10, 1980;

"(B) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva June 17, 1925; and

"(C) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on October 26, 1979.

"(b) Eligibility for Strategic Trade Authorization Exception.—The President, consistent with the commitments of the United States under international arrangements, shall take steps so that Israel may be included in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of title 15, Code of Federal Regulations, to the requirement for a license for the export, reexport, or in-country transfer of an item subject to controls under the Export Administration Regulations."

§8604. Reports required

(a) Report on Israel's qualitative military edge (QME)

(1) In general

Not later than 180 days after July 27, 2012, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of Israel's qualitative military edge in light of current trends and instability in the region.

(2) Substitution for quadrennial report

If submitted within one year of the date that the first quadrennial report required by section 201(c)(2) of the Naval Vessel Transfer Act of 2008 (Public Law 110–429; 22 U.S.C. 2776 note) is due to be submitted, the report required by paragraph (1) may substitute for such quadrennial report.

(b) Reports on other matters

Not later than 180 days after July 27, 2012, the President shall submit to the appropriate congressional committees a report on each of the following matters:

(1) Taking into account the Government of Israel's urgent requirement for F–35 aircraft, actions to improve the process relating to its purchase of F–35 aircraft, particularly with respect to cost efficiency and timely delivery.

(2) Efforts to expand cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber-security, and other related areas.

(3) Actions to integrate Israel into the defense of the Eastern Mediterranean.

(Pub. L. 112–150, §6, July 27, 2012, 126 Stat. 1148.)


Executive Documents

Delegation of Certain Functions Under Section 6 of Public Law 112–150

Memorandum of President of the United States, Jan. 15, 2013, 78 F.R. 5705, provided that:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you all functions conferred upon the President by subsections (a) and (b) of section 6 of Public Law 112–150. You will exercise these functions in coordination with the Secretary of Defense.

You are authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.      

§8605. Definitions

In this chapter:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) Qualitative military edge

The term "qualitative military edge" has the meaning given the term in section 2776(h)(2) 1 of this title.

(Pub. L. 112–150, §7, July 27, 2012, 126 Stat. 1149.)


Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 112–150, July 27, 2012, 126 Stat. 1146, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8601 of this title and Tables.

Section 2776(h)(2) of this title, referred to in par. (2), was redesignated section 2776(h)(3) of this title by Pub. L. 113–296, §11(b)(1), Dec. 19, 2014, 128 Stat. 4078.

1 See References in Text note below.

§8606. United States-Israel cooperation on energy, water, homeland security, agriculture, and alternative fuel technologies

(a) In general

The President is authorized, subject to existing law—

(1) to undertake activities in cooperation with Israel; and

(2) to provide assistance promoting cooperation in the fields of energy, water, agriculture, and alternative fuel technologies.

(b) Requirements

In carrying out subsection (a), the President is authorized, subject to existing requirements of law and any applicable agreements or understandings between the United States and Israel—

(1) to share and exchange with Israel research, technology, intelligence, information, equipment, and personnel, including through sales, leases, or exchanges in kind, that the President determines will advance the national security interests of the United States and are consistent with the Strategic Dialogue and pertinent provisions of law; and

(2) to enhance scientific cooperation between Israel and the United States.

(c) Cooperative research programs

The Secretary of Homeland Security, acting through the Director of the Homeland Security Advanced Research Projects Agency and with the concurrence of the Secretary of State, is authorized, subject to existing law, to enter into cooperative research programs with Israel to enhance Israel's capabilities in—

(1) border, maritime, and aviation security;

(2) explosives detection;

(3) emergency services; and

(4) cybersecurity.

(d) Authorization of appropriations

There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2021.

(Pub. L. 113–296, §7, Dec. 19, 2014, 128 Stat. 4077; Pub. L. 114–304, §2(b), Dec. 16, 2016, 130 Stat. 1520; Pub. L. 116–283, div. A, title XII, §1280A(g), Jan. 1, 2021, 134 Stat. 3984.)


Editorial Notes

Codification

Section was enacted as part of the United States-Israel Strategic Partnership Act of 2014, and not as part of the United States-Israel Enhanced Security Cooperation Act of 2012 which comprises this chapter.

Amendments

2021—Subsec. (d). Pub. L. 116–283 added subsec. (d).

2016—Subsec. (c). Pub. L. 114–304, §2(b)(1), (2), struck out "pilot" before "programs" in heading and in introductory provisions.

Subsec. (c)(4). Pub. L. 114–304, §2(b)(3)–(5), added par. (4).


Statutory Notes and Related Subsidiaries

United States-Israel Cybersecurity Cooperation

Pub. L. 117–81, div. A, title XV, §1551, Dec. 27, 2021, 135 Stat. 2068, provided that:

"(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 section 317 of the Homeland Security Act of 2002 (6 U.S.C. 195c), 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 is eligible to receive a grant under this subsection if—

"(A) the project of such applicant—

"(i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and

"(ii) is a joint venture between—

     "(I)(aa) a for-profit business entity, academic institution, National Laboratory, or nonprofit entity in the United States; and

     "(bb) a for-profit business entity, academic institution, or nonprofit entity in Israel; or

     "(II)(aa) the Federal Government; and

     "(bb) the Government of Israel; and

"(B) neither such applicant nor the project of such applicant pose a counterintelligence threat, as determined by the Director of National Intelligence.

"(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 section 3302 of title 31, United States Code, the Secretary may, only to the extent provided in advance in appropriations Acts, 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) Reports.—

"(A) Grant recipients.—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—

"(i) a description of how the grant funds were used by the recipient; and

"(ii) an evaluation of the level of success of each project funded by the grant.

"(B) Secretary.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021] and annually thereafter until the grant program established under this subsection terminates, the Secretary shall submit to the Committees on Homeland Security and Governmental Affairs and Foreign Relations of the Senate and the Committees on Homeland Security and Foreign Affairs of the House of Representatives a report on grants awarded and projects completed under such program.

"(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) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section not less than $6,000,000 for each of fiscal years 2022 through 2026.

"(c) 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 (6 U.S.C. 1501; 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;

"(5) the term 'National Laboratory' has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801); and

"(6) the term 'Secretary' means the Secretary of Homeland Security."

United States Agency for International Development Memoranda of Understanding To Enhance Cooperation With Israel

Pub. L. 116–283, div. A, title XII, §1277, Jan. 1, 2021, 134 Stat. 3981, provided that: "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."

Cooperation on Directed Energy Capabilities

Pub. L. 116–283, div. A, title XII, §1280, Jan. 1, 2021, 134 Stat. 3982, as amended by Pub. L. 118–31, div. A, title XII, §1254, Dec. 22, 2023, 137 Stat. 468, provided that:

"(a) Report.—Not later than March 15, 2021, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees [Committees on Foreign Relations and Armed Services of the Senate and Committees on Foreign Affairs and Armed Services of the House of Representatives] a report on potential areas for directed energy cooperation.

"(b) Elements.—The report required by subsection (a) shall include the following:

"(1) A description of any science and technology effort or research, development, test, and evaluation effort associated with directed energy.

"(2) A description of activities or efforts recommended for potential defense cooperation activities associated with directed energy between the United States and Israel in support of development of military capabilities of mutual benefit.

"(3) A description of any obstacle or challenge associated with an effort described under paragraph (2) and recommendations to address such obstacle or challenge.

"(4) A description of any authority or authorization of appropriations required for the execution of efforts described under paragraph (2).

"(c) Form.—The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex, as determined necessary by the Secretary of Defense.

"(d) Program Authority.—If recommended as a result of the report required by subsection (a), the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, 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 promote directed energy capabilities of mutual benefit to both the United States and Israel that address threats to the United States, deployed forces of the United States, and Israel. Any activities carried out under this subsection shall be conducted in a manner that appropriately protects sensitive information, intellectual property, the national security interests of the United States, and the national security interests of Israel. Any such program shall take into consideration the recommendations of the United States-Israel Defense Acquisition Advisory Group.

"(e) Notification.—

"(1) In general.—Not later than 120 days after the date of the enactment of this subsection [Dec. 22, 2023], the Under Secretary of Defense for Research and Engineering shall submit to the appropriate committees of Congress an assessment detailing—

"(A) the most promising directed energy missile defense technologies available for co-development with the Government of Israel;

"(B) any risks relating to the implementation of a directed energy missile defense technology co-development program with the Government of Israel;

"(C) an anticipated spending plan for fiscal year 2024 funding authorized by the National Defense Authorization Act for Fiscal Year 2024 [Pub. L. 118–31, see Tables for classification] to carry out this section; and

"(D) initial projections for likely funding requirements to carry out a directed energy missile defense technology co-development program with the Government of Israel over the five fiscal years beginning after the date of the enactment this subsection, as applicable.

"(2) Appropriate committees of congress defined.—In this subsection, the term 'appropriate committees of Congress' means—

"(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and

"(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives."

United States-Israel Cooperation To Counter Unmanned Aerial Systems

Pub. L. 116–92, div. A, title XII, §1278, Dec. 20, 2019, 133 Stat. 1702, as amended by Pub. L. 117–263, div. A, title XII, §1277, Dec. 23, 2022, 136 Stat. 2867; Pub. L. 118–31, div. A, title XII, §1253, Dec. 22, 2023, 137 Stat. 467, provided that:

"(a) Authority to Establish Capabilities to Counter Unmanned Aerial Systems.—

"(1) In general.—The Secretary of Defense, upon request of the Ministry of Defense of Israel and in consultation with the Secretary of State and the Director of National Intelligence, is authorized to carry out research, development, test, and evaluation activities, on a joint basis with Israel, to establish capabilities for countering unmanned aerial systems, including directed energy capabilities, that threaten the United States or Israel. Any activities carried out pursuant to such authority shall be conducted in a manner that appropriately protects sensitive technology and information and the national security interests of the United States and Israel.

"(2) Report.—The activities described in paragraph (1) and subsection (b) may not be carried out until after the Secretary of Defense submits to the appropriate committees of Congress 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 the Program.—

"(1) In general.—The Secretary of Defense is authorized to provide maintenance and sustainment support to Israel for the 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 activities.

"(2) Report.—Support may not be provided under paragraph (1) until 15 days after the Secretary submits to the appropriate committees of Congress a report setting forth a detailed description of the support to be provided.

"(3) Matching contribution.—

"(A) In general.—Except as provided in subparagraph (B), support may not be provided under this subsection unless the Government of Israel contributes an amount not less than the amount of support to be so provided to the program, project, or activity for which the support is to be so provided in the calendar year in which the support is provided.

"(B) Exception.—Subject to paragraph (4), the Secretary may use amounts available to the Secretary in excess of the amount contributed by the Government of Israel to provide support under this subsection for costs associated with any unique national requirement identified by the United States with respect to countering unmanned aerial systems, including directed energy capabilities.

"(4) Annual limitation on amount.—The amount of support provided under this subsection in any year may not exceed $55,000,000.

"(5) Use of certain amounts for rtd&e activities in the united states.—Of the amount provided by the United States in support under paragraph (1), not less than 50 percent of such amount shall be used for research, development, test, and evaluation activities in the United States in connection with such support.

"(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 Reports.—The Secretary of Defense shall submit to the appropriate committees of Congress 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 Committees of Congress Defined.—In this section, the term 'appropriate committees of Congress' means—

"(1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

"(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

"(f) Sunset.—The authority in this section to carry out activities described in subsection (a), and to provide support described in subsection (b), shall expire on December 31, 2026."

United States-Israel Anti-Tunnel Cooperation

Pub. L. 114–92, div. A, title XII, §1279, Nov. 25, 2015, 129 Stat. 1079, as amended by Pub. L. 114–328, div. A, title XII, §1295(a), (b), Dec. 23, 2016, 130 Stat. 2562; Pub. L. 115–91, div. A, title XII, §1278(a), Dec. 12, 2017, 131 Stat. 1700; Pub. L. 115–232, div. A, title XII, §1272(a), Aug. 13, 2018, 132 Stat. 2066; Pub. L. 116–92, div. A, title XII, §1279, Dec. 20, 2019, 133 Stat. 1703; Pub. L. 118–31, div. A, title XII, §1252, Dec. 22, 2023, 137 Stat. 467, provided that:

"(a) Authority To Establish Anti-tunnel Capabilities Program With Israel.—

"(1) In general.—The Secretary of Defense, upon request of the Ministry of Defense of Israel and in consultation with the Secretary of State and the Director of National Intelligence, is authorized to carry out research, development, test, and evaluation, on a joint basis with Israel, to establish anti-tunnel capabilities to detect, map, and neutralize underground tunnels that threaten 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 United States and Israel national security interests.

"(2) Report.—The activities described in paragraph (1) and subsection (b) may be carried out after the Secretary of Defense submits to the appropriate committees of Congress 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 Program.—

"(1) In general.—The Secretary of Defense is authorized to provide maintenance and sustainment support to Israel for the anti-tunnel 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.—Support may not be provided under paragraph (1) until 15 days after the Secretary submits to the appropriate committees of Congress a report setting forth a detailed description of the support to be provided.

"(3) Matching contribution.—

"(A) In general.—Except as provided in subparagraph (B), support may not be provided under this subsection unless the Government of Israel contributes an amount not less than the amount of support to be so provided to the program, project, or activity for which the support is to be so provided in the calendar year in which the support is provided.

"(B) Exception.—Subject to paragraph (4), the Secretary may use amounts available to the Secretary in excess of the amount contributed by the Government of Israel to provide support under this subsection for costs associated with any unique national requirement identified by the United States with respect to anti-tunnel capabilities.

"(4) Annual limitation on amount.—The amount of support provided under this subsection in any year may not exceed $50,000,000.

"(5) Use of certain amounts for rtd&e activities in the united states.—Of the amount provided by the United States in support under paragraph (1), not less than 50 percent of such amount shall be used for research, development, test, and evaluation activities in the United States in connection with such support.

"(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 Reports.—The Secretary of Defense shall submit to the appropriate committees of Congress 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 Committees of Congress Defined.—In this section, the term 'appropriate committees of Congress' means—

"(1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

"(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

"(f) Sunset.—The authority in this section to carry out activities described in subsection (a), and to provide support described in subsection (b), shall expire on December 31, 2026."

Constructive Regional Energy Cooperation

Pub. L. 113–296, §12(c)(2), Dec. 19, 2014, 128 Stat. 4081, provided that: "The Secretary of State shall continue the ongoing diplomacy efforts of the Secretary of State in—

"(A) engaging and supporting the energy security of Israel; and

"(B) promoting constructive regional energy cooperation in the Eastern Mediterranean."

§8607. Other matters of cooperation

(a) In general

Activities authorized under this section shall be carried out with the concurrence of the Secretary of State and aligned with the National Security Strategy of the United States, the United States Government Global Health Security Strategy, the Department of State Integrated Country Strategies, the USAID Country Development Cooperation Strategies, and any equivalent or successor plans or strategies, as necessary and appropriate.

(b) Development of health technologies

(1) In general

There is authorized to be appropriated to the Secretary of Health and Human Services $4,000,000 for fiscal years 2021 through 2023 for a bilateral cooperative program with the Government of Israel that awards grants for the development of health technologies, which may include health technologies listed in paragraph (2), subject to paragraph (3), with an emphasis on collaboratively advancing the use of technology and personalized medicine in relation to COVID–19.

(2) Types of health technologies

The health technologies described in this paragraph are technologies such as, drugs and vaccines, ventilators, diagnostic tests, and technologies to facilitate telemedicine.

(3) Restrictions on funding

Amounts appropriated pursuant to paragraph (1) are subject to a matching contribution from the Government of Israel.

(4) Option for establishing new program

Amounts appropriated pursuant to paragraph (1) may be expended for a bilateral program with the Government of Israel that—

(A) is in existence on the day before January 1, 2021, for the purposes described in paragraph (1); or

(B) is established after January 1, 2021, by the Secretary of Health and Human Services, in consultation with the Secretary of State, in accordance with 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, done at Jerusalem May 29, 2008 (or a successor agreement), for the purposes described in paragraph (1).

(5) Public availability

The Secretary shall require, as a condition of any grant awarded under this subsection, that all research publications and results of such research, including basic and applied research, shall be made publicly available on the website of the Department of Health and Human Services.

(c) Coordinator of United States-Israel Research and Development

(1) In general

The President may designate the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, or another appropriate Department of State official, to act as Coordinator of United States-Israel Research and Development (referred to in this subsection as the "Coordinator").

(2) 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, may oversee civilian science and technology programs on a joint basis with Israel.

(d) Office of Global Policy and Strategy 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 Global Policy and Strategy.

(2) Report

Not later than one year after January 1, 2021, the Commissioner, acting through the head of the Office of Global Policy and Strategy, shall submit a report describing the benefits to the United States and to Israel of opening an office in Israel for the Office of Global Policy and Strategy to—

(A) the Committee on Foreign Relations of the Senate;

(B) the Committee on Health, Education, Labor, and Pensions of the Senate;

(C) the Committee on Foreign Affairs of the House of Representatives; and

(D) the Committee on Energy and Commerce of the House of Representatives.

(e) United States-Israel Energy Center

There is authorized to be appropriated to the Secretary of Energy $4,000,000 for fiscal year 2021 to carry out the activities of the United States-Israel Energy Center established pursuant to section 17337(d) of title 42.

(f) 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 be funded at not less than $2,000,000 annually under section 17337(b) of title 42.

(g) Omitted

(h) 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.

(i) 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.

(j) Research and development cooperation relating to desalination technology

Not later than one year after January 1, 2021, the Director of the Office of Science and Technology Policy shall submit a report that describes research and development cooperation with international partners, such as the State of Israel, in the area of desalination technology in accordance with section 9(b)(3) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note) to—

(1) the Committee on Foreign Relations of the Senate;

(2) the Committee on Energy and Natural Resources of the Senate;

(3) the Committee on Foreign Affairs of the House of Representatives; and

(4) the Committee on Natural Resources of the House of Representatives.

(k) 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 of Excellence and Israeli institutions with expertise in researching and treating posttraumatic stress disorder.

(Pub. L. 116–283, div. A, title XII, §1280A, Jan. 1, 2021, 134 Stat. 3982.)


Editorial Notes

References in Text

Section 9(b)(3) of the Water Desalination Act of 1996, referred to in subsec. (j), is section 9(b)(3) of Pub. L. 104–298, which is set out in a note under section 10301 of Title 42, The Public Health and Welfare.

Codification

Section is comprised of section 1280A of Pub. L. 116–283. Subsec. (g) of section 1280A of Pub. L. 116–283 amended section 8606 of this title.

Section was enacted as part of the United States-Israel Security Assistance Authorization Act of 2020 and also as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the United States-Israel Enhanced Security Cooperation Act of 2012 which comprises this chapter.