[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5141 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5141
To make improvements to certain defense and security assistance
provisions and to authorize assistance for Israel, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2018
Ms. Ros-Lehtinen (for herself and Mr. Deutch) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committees on Armed Services, and Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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 Security Assistance Authorization Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definition.
TITLE I--SECURITY ASSISTANCE FOR ISRAEL
Sec. 101. Findings.
Sec. 102. Statement of policy.
Sec. 103. Assistance for Israel.
Sec. 104. Joint assessment of quantity of precision guided munitions
for use by Israel.
Sec. 105. Transfer of precision guided munitions to Israel.
Sec. 106. Modification of rapid acquisition and deployment procedures.
Sec. 107. Extension of War Reserves Stockpile authority.
Sec. 108. Eligibility of Israel for the strategic trade authorization
exception to certain export control
licensing requirements.
Sec. 109. Extension of loan guarantees to Israel.
TITLE II--ENHANCED COOPERATION BETWEEN THE UNITED STATES AND ISRAEL
Sec. 201. United States-Israel cybersecurity cooperation.
Sec. 202. United States-Israel space cooperation.
Sec. 203. United States Agency for International Development--Israel
enhanced cooperation.
Sec. 204. Authority to enter into a cooperative project agreement with
Israel to counter unmanned aerial vehicles
that threaten the United States or Israel.
TITLE III--ENSURING ISRAEL'S QUALITATIVE MILITARY EDGE
Sec. 301. Improved reporting on enhancing Israel's qualtitative
military edge and security posture.
Sec. 302. Statement of policy.
SEC. 2. DEFINITION.
In this Act, 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 I--SECURITY ASSISTANCE FOR ISRAEL
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) In April 1998, the United States designated Israel as a
``major non-NATO ally''.
(2) On August 16, 2007, the United States and Israel signed
a 10-year Memorandum of Understanding on United States military
assistance to Israel, the total amount of military assistance
over the course of this period would equal $30 billion.
(3) On July 27, 2012, the United States-Israel Enhanced
Security Cooperation Act of 2012 (Public Law 112-150; 22 U.S.C.
8601 et seq.) declared it to be the policy of the United States
``to help the Government of Israel preserve its qualitative
military edge amid rapid and uncertain regional political
transformation'' and ``provide Israel defense articles and
services, to include air refueling tankers, missile defense
capabilities, and specialized munitions''.
(4) On December 19, 2014, the President signed into law the
United States-Israel Strategic Partnership Act of 2014 (Public
Law 113-296) which stated the sense of Congress that Israel is
a major strategic partner of the United States and declared it
to be the policy of the United States ``to continue to provide
Israel with robust security assistance, including for the
procurement of the Iron Dome Missile Defense System''.
(5) Section 1679 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1135)
authorized funds to be appropriated for Israeli cooperative
missile defense program codevelopment and coproduction,
including funds to be provided to the Government of Israel to
procure the David's Sling weapon system as well as the Arrow 3
Upper Tier Interceptor Program.
(6) On September 13, 2016, the House of Representatives
passed, by a vote of 405 to 4, House Resolution 729, expressing
support for the expeditious consideration and finalization of a
new, robust, and long-term Memorandum of Understanding on
military assistance to Israel between the United States
Government and the Government of Israel.
(7) House Resolution 729 provides that the House of
Representatives--
(A) ``reaffirms that Israel is a major strategic
partner of the United States'';
(B) ``reaffirms that it is the policy and law of
the United States to ensure that Israel maintains its
qualitative military edge and has the capacity and
capability to defend itself from all threats'';
(C) ``reaffirms United States support of a robust
Israeli tiered missile defense program'';
(D) ``supports continued discussions between the
Government of the United States and the Government of
Israel for a robust and long-term Memorandum of
Understanding on United States military assistance to
Israel'';
(E) ``urges the expeditious finalization of a new
Memorandum of Understanding between the Government of
the United States and the Government of Israel''; and
(F) ``supports a robust and long-term Memorandum of
Understanding negotiated between the United States and
Israel regarding military assistance which increases
the amount of aid from previous agreements and
significantly enhances Israel's military
capabilities''.
(8) 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.
(9) 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.
(10) 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. 102. STATEMENT OF POLICY.
It shall be the policy of the United States to provide assistance
to the Government of Israel in order to support funding for cooperative
programs to develop, produce, and procure missile, rocket, projectile,
and other defense capabilities to help Israel meet its security needs
and to help develop and enhance United States defense capabilities.
SEC. 103. 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 ``2019, 2020, 2021, 2022 and 2023'';
(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 2019,
2020, 2021, 2022, and 2023 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. JOINT ASSESSMENT OF QUANTITY OF PRECISION GUIDED MUNITIONS
FOR USE BY ISRAEL.
(a) In General.--The President, acting through the Secretary of
Defense, 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. 105. 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--
(1) utilize the Special Defense Acquisition Fund to
transfer precision guided munitions and related defense
articles and services to reserve stocks for Israel; and
(2) transfer such quantities of precision guided munitions
from reserve stocks for Israel as necessary for legitimate
self-defense and is otherwise consistent with the purposes and
conditions for such transfers under the Arms Export Control
Act.
(b) Certification.--Except in the case of an emergency, 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; and
(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.
SEC. 106. MODIFICATION OF RAPID ACQUISITION AND DEPLOYMENT PROCEDURES.
(a) Requirement To Establish Procedures.--
(1) In general.--Section 806(a) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note; 116 Stat. 2607) is amended--
(A) in paragraph (1)(C), by striking ``; and'' at
the end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) urgently needed to support production of precision
guided munitions--
``(A) for United States counterterrorism missions;
or
``(B) to assist an ally of the United States under
direct missile threat from--
``(i) an organization the Secretary of
State has designated as a foreign terrorist
organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C.
1189); or
``(ii) a country the government of which
the Secretary of State has determined, for
purposes of section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 4605(j))
(as in effect pursuant to the International
Emergency Economic Powers Act), section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C.
2371), section 40 of the Arms Export Control
Act (22 U.S.C. 2780), or any other provision of
law, is a government that has repeatedly
provided support for acts of international
terrorism.''.
(2) Prescription of procedures.--The Secretary of Defense
shall prescribe procedures for the rapid acquisition and
deployment of supplies and associated support services for
purposes described in paragraph (3) of section 806(a) of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1) of this subsection, not later
than 180 days after the date of the enactment of this Act.
(b) Use of Amounts in Special Defense Acquisition Fund.--Section
114(c)(3) of title 10, United States Code, is amended by inserting at
the end before the period the following: ``or to assist an ally of the
United States that is under direct missile threat, including from a
terrorist organization supported by Iran, and such threat adversely
affects the safety and security of such ally''.
SEC. 107. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.
(a) Department of Defense Appropriations Act, 2005.--Subsection (e)
of section 12001 of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 1011), as redesignated by section 105 of
this Act, is amended by striking ``after September 30, 2018'' and
inserting ``after September 30, 2023''.
(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, and 2018'' and inserting
``2018, 2019, 2020, 2021, 2022, and 2023''.
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
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.
(5) As of December 27, 2016, the last publication of the
license exceptions country list, Israel had not been 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.
(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--
(A) 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); and
(B) includes the reasons as to why Israel has not
yet been included in such list of countries eligible
for the strategic trade authorization exception.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 109. 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, 2023'';
and
(2) in the second proviso, by striking ``September 30,
2019'' and inserting ``September 30, 2023''.
TITLE II--ENHANCED COOPERATION BETWEEN THE UNITED STATES AND ISRAEL
SEC. 201. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.
(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. 202. UNITED STATES-ISRAEL SPACE COOPERATION.
(a) Findings.--The Congress finds that--
(1) authorized in 1958, the National Aeronautics and Space
Administration (NASA) supports and coordinates United States
Government research in aeronautics, human exploration and
operations, science, and space technology;
(2) established in 1983, the Israel Space Agency (ISA)
supports the growth of Israel's space industry by supporting
academic research, technological innovation, and educational
activities;
(3) the mutual interest of the United States and Israel in
space exploration affords both nations an opportunity to
leverage their unique abilities to advance scientific
discovery;
(4) in 1996, NASA and the ISA entered into their first
agreement outlining areas of mutual cooperation, which remained
in force until 2005;
(5) since 1996, NASA and the ISA have successfully
cooperated on many space programs supporting the Global
Positioning System and research related to the sun, earth
science, and the environment;
(6) the bond between NASA and the ISA was permanently
forged on February 1, 2003, with the loss of the crew of STS-
107 including Israeli Astronaut Ilan Ramon;
(7) the United States-Israel Strategic Partnership Act of
2014 (Public Law 113-296) designated Israel as a Major
Strategic Partner of the United States; and
(8) on October 13, 2015, the United States and Israel
signed the Framework Agreement between the National Aeronautics
and Space Administration of the United States of America and
the Israel Space Agency for Cooperation in Aeronautics and the
Exploration and Use of Airspace and Outer Space for Peaceful
Purposes.
(b) Continuing Cooperation.--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.
SEC. 203. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT--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 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. 204. AUTHORITY TO ENTER INTO A COOPERATIVE PROJECT AGREEMENT WITH
ISRAEL TO COUNTER UNMANNED AERIAL VEHICLES THAT THREATEN
THE UNITED STATES OR ISRAEL.
(a) Findings.--Congress finds the following:
(1) On February 10, 2018, Iran launched an unmanned aerial
vehicle (commonly known as a ``drone'') from Syria that
penetrated Israeli airspace.
(2) Israeli officials noted that the unmanned aerial
vehicle was in Israeli airspace for a minute and a half before
being shot down by the Israeli air force.
(3) Senior Israeli officials stated that the unmanned
aerial vehicle was an advanced piece of technology.
(4) It remains unclear whether the unmanned aerial vehicle
was armed. Nonetheless, the launch, and sophistication of the
unmanned aerial vehicle, highlight the threat Israel faces from
unmanned aerial vehicles from Iranian forces active in Syria
and from Hezbollah in Lebanon.
(5) The United States likewise faces the threat of unmanned
aerial vehicles along the United States border and in areas of
active hostilities, including unmanned aerial vehicles of the
Islamic State of Iraq and Syria (ISIS) in Iraq and Syria and
unmanned aerial vehicles manufactured of al-Qaeda in
Afghanistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) joint research and development to counter unmanned
aerial vehicles will serve the national security interests of
the United States and Israel;
(2) Israel faces urgent and emerging threats from unmanned
aerial vehicles and other unmanned aerial vehicles, launched
from Lebanon by Hezbollah, from Syria by forces of Iran's
Revolutionary Guard Corps, or from others seeking to attack
Israel; and
(3) the United States and Israel should continue to work
together to defend against all threats to the safety, security,
and national interests of both countries.
(c) Authority To Enter Into Agreement.--
(1) In general.--The President is authorized to enter into
a cooperative project agreement with Israel under the authority
of section 27 of the Arms Export Control Act (22 U.S.C. 2767)
to carry out research on and development, testing, evaluation,
and joint production (including follow-on support) of defense
articles and defense services to detect, track, and destroy
unmanned aerial vehicles that threaten the United States or
Israel.
(2) Applicable requirements.--The cooperative project
agreement described in paragraph (1)--
(A) shall provide that any activities carried out
pursuant to the agreement are subject to--
(i) the applicable requirements described
in subparagraphs (A), (B), and (C) of section
27(b)(2) of the Arms Export Control Act; and
(ii) any other applicable requirements of
the Arms Export Control Act with respect to the
use, transfers, and security of such defense
articles and defense services under that Act;
and
(B) shall establish a framework to negotiate the
rights to intellectual property developed under the
agreement.
TITLE III--ENSURING ISRAEL'S QUALITATIVE MILITARY EDGE
SEC. 301. IMPROVED REPORTING ON ENHANCING ISRAEL'S QUALTITATIVE
MILITARY EDGE AND SECURITY POSTURE.
Section 36(h)(2) of the Arms Export Control Act (22 U.S.C.
2776(h)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) an assessment of--
``(i) the ability of Israel to effectively
defend itself against military threats from
regional non-state actors;
``(ii) the risk that is posed by the sale
or export of a subsequent unauthorized transfer
or proliferation of the equipment for use
against Israel;
``(iii) the range of cyber and asymmetric
threats posed to Israel by state and non-state
actors;
``(iv) the range of threats posed to Israel
by state and non-state actors through the use
of unmanned vehicles and systems, through air,
land or water; and
``(v) the effective countermeasures
available to Israel to defend against the risks
and threats described in clauses (ii) through
(iv).''.
SEC. 302. STATEMENT OF POLICY.
It is the policy of the United States to ensure that Israel
maintains its ability to counter and defeat any credible conventional
military or emerging threat from any individual state or possible
coalition of states or from non-state actors, while sustaining minimal
damages and casualties, through the use of superior military means,
possessed in sufficient quantity, including weapons, command, control,
communication, intelligence, surveillance, and reconnaissance
capabilities that in their technical characteristics are superior in
capability to those of such other individual or possible coalition
states or non-state actors.
<all>