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Title II — Security assistance for Israel

H.R. 1837 · 116th Congress · Jul 24, 2019 · Lineage

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.