CHAPTER 93 - UNITED STATES-ISRAEL COOPERATION
Title 22 > CHAPTER 93
Sections (14)
§ 8601 Findings
Congress makes the following findings: 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. 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. 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. 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. 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. 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. As a result, Israel is facing a fundamentally altered strategic environment. 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 .)
“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: Support for peace between Israel and its neighbors has longstanding bipartisan support in Congress. 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. 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. 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. 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. These agreements also build on decades of private diplomatic and security engagement between Israel and countries in the region. 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— 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; 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; 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; 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; to support a negotiated solution to the Israeli-Palestinian conflict resulting in two states living side by side in peace, security, and mutual recognition; 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; to oppose efforts to delegitimize the state of Israel and legal barriers to normalization with Israel; and 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: 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. 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. 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. An assessment of the likelihood of additional Arab and other relevant countries and regions to normalize relations with Israel. An assessment of opportunities created by normalization agreements with Israel to advance prospects for peace between Israelis and Palestinians[.] 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. 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. 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. 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. 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. 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: 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. 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. 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. 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. 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. 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’. 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. 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. 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’. Arab-Israeli cooperation provides significant symbiotic benefit to the security and economic prosperity of the region.
(“(c) Additional Reporting.— 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. The report required under paragraph (1) shall include the following information: 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. 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. 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 ].”
§ 8602 Statement of policy
It is the policy of the United States: 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.”. To help the Government of Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation. To veto any one-sided anti-Israel resolutions at the United Nations Security Council. To support Israel’s inherent right to self-defense. 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. 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. 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 .)
§ 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: 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. 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. 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. 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. Provide the Government of Israel additional excess defense articles, as appropriate, in the wake of the withdrawal of United States forces from Iraq. 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. Offer the Air Force of Israel additional training and exercise opportunities in the United States to compensate for Israel’s limited air space. Work to encourage an expanded role for Israel with the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises. Expand already-close intelligence cooperation, including satellite intelligence, with Israel. ( Pub. L. 112–150, § 4 , July 27, 2012 , 126 Stat. 1147 .)
§ 8604 Reports required
(a) Report on Israel’s qualitative military edge (QME) 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. 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: 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. Efforts to expand cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber-security, and other related areas. Actions to integrate Israel into the defense of the Eastern Mediterranean.
§ 8605 Definitions
In this chapter: The term “appropriate congressional committees” means— the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and 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. 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 .)
§ 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— to undertake activities in cooperation with Israel; and 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— 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 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— border, maritime, and aviation security; explosives detection; emergency services; and cybersecurity.
(d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2021.
§ 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 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. The health technologies described in this paragraph are technologies such as, drugs and vaccines, ventilators, diagnostic tests, and technologies to facilitate telemedicine. Amounts appropriated pursuant to paragraph (1) are subject to a matching contribution from the Government of Israel. Amounts appropriated pursuant to paragraph (1) may be expended for a bilateral program with the Government of Israel that— is in existence on the day before January 1, 2021 , for the purposes described in paragraph (1); or 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). 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 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”). 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 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. 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— the Committee on Foreign Relations of the Senate; the Committee on Health, Education, Labor, and Pensions of the Senate; the Committee on Foreign Affairs of the House of Representatives; and 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— the Committee on Foreign Relations of the Senate; the Committee on Energy and Natural Resources of the Senate; the Committee on Foreign Affairs of the House of Representatives; and 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.