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 rdt&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)

“(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.—

“(3)

Matching contribution.—

“(A)

In general.—

“(B)

Exception.—

“(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 rdt&e activities in the united states.—

“(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.—

“(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)

“(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.”