S.2943 – National Defense Authorization Act for Fiscal Year 2017 – Passed both Houses of Congress on December 8, 2016. Within the law several sections authorize military assistance to Israel, including:
- SEC. 1250. UNITED STATES-ISRAEL DIRECTED ENERGY COOPERATION.(a) Authority To Establish Directed Energy Capabilities Program With Israel.—(1) IN GENERAL.—The Secretary of Defense, upon the request of the Ministry of Defense of Israel, and with the concurrence of the Secretary of State, may carry out research, development, test, and evaluation activities, on a joint basis with Israel, to establish directed energy capabilities to detect and defeat ballistic missiles, cruise missiles, unmanned aerial vehicles, mortars, and improvised explosive devices that threaten the United States, deployed forces of 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 the national security interests of the United States and Israel.(2) REPORT.—The activities described in paragraph (1) 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.
(3) ANNUAL LIMITATION ON AMOUNT.—The amount of support provided under this subsection in any year may not exceed $25,000,000.
(b) Lead Agency.—The Secretary of Defense shall designate the Missile Defense Agency as the appropriate research and development entity and as the lead agency of the Department of Defense in carrying out this section.
(c) 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).
(d) Sunset.—The authority in this section to carry out activities described in subsection (a) shall expire on December 31, 2018.
(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 and Governmental Affairs, 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.
- SEC. 1259J. AUTHORIZATION OF UNITED STATES ASSISTANCE TO ISRAEL.(a) In General.—The President is authorized to provide assistance to Israel to improve maritime security and maritime domain awareness.(b) ActIvities Supported.—Activities that may be supported by assistance under subsection (a) include the following:(1) Procurement, maintenance, and sustainment of the David’s Sling Weapon System for purposes of intercepting short-range missiles.
(2) Payment of incremental expenses of Israel that are incurred by Israel as the direct result of participation in a bilateral or multilateral exercise of the United States Navy or Coast Guard.
(3) Visits of United States naval vessels at ports of Israel.
(4) Conduct of joint research and development for advanced maritime domain awareness capabilities.
(c) Sunset.—This section shall terminate on the date that is 5 years after the date of the enactment of this Act.
- SEC. 1259N. REPORT ON MAINTENANCE BY ISRAEL OF A ROBUST INDEPENDENT CAPABILITY TO REMOVE EXISTENTIAL SECURITY THREATS.(a) Findings.—Congress makes the following findings:(1) The United States-Israel Enhanced Security Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) established the policy of the United States to support the inherent right of Israel to self-defense.
(2) The United States-Israel Enhanced Security Cooperation Act of 2012 expresses the sense of Congress that the Government of the United States should transfer to the Government of Israel defense articles and defense services.
(3) The inherent right of Israel to self-defense necessarily includes the ability to defend against threats to its security and defend its vital national interests.
(b) Sense Of Congress.—It is the sense of Congress that Israel should be able to defend its vital national interests and protect its territory and population against existential threats.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the specified congressional committees a report that—
(A) identifies defensive capabilities and platforms requested by the Government of Israel that would contribute to maintenance of Israel’s defensive capability against threats to its territory and population, including nuclear and ballistic missile facilities in Iran, and defend its vital national interests;
(B) assesses the availability for sale or transfer of items requested by the Government of Israel to maintain the capability described in subparagraph (A), including the legal authorities available for making such transfers; and
(C) describes what steps the President is taking to transfer the items described in subparagraph (B) for Israel to maintain the capability described in subparagraph (A).
(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary.
(3) DEFINITION.—In this subsection, the term “specified congressional committees” means—
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and the Committee of Foreign Affairs of the House of Representatives
- SEC. 1259T. SENSE OF CONGRESS ON INTEGRATED BALLISTIC MISSILE DEFENSE SYSTEM FOR GCC PARTNER COUNTRIES, JORDAN, EGYPT, AND ISRAEL.(a) Findings.—Congress finds that—(1) Iran has conducted numerous ballistic missile tests; and
(2) such tests are in violation of United Nations Security Council Resolution 2231 and unnecessarily provoke Gulf Cooperation Council (GCC) partner countries and threaten Israel.
(b) Sense Of Congress.—It is the sense of Congress that the United States should encourage and enable as appropriate an integrated ballistic missile defense system that links GCC partner countries, Jordan, Egypt, and Israel in order assist in preventing an attack by Iran against such countries.
- SEC. 1259U. AUTHORITY TO PROVIDE ASSISTANCE AND TRAINING TO INCREASE MARITIME SECURITY AND DOMAIN AWARENESS OF FOREIGN COUNTRIES BORDERING THE PERSIAN GULF, ARABIAN SEA, OR MEDITERRANEAN SEA.(a) Purpose.—The purpose of this section is to authorize assistance and training to increase maritime security and domain awareness of foreign countries bordering the Persian Gulf, the Arabian Sea, or the Mediterranean Sea in order to deter and counter illicit smuggling and related maritime activity by Iran, including illicit Iranian weapons shipments.(b) Authority.—
(1) IN GENERAL.—To carry out the purpose of this section as described in subsection (a), the Secretary of Defense, with the concurrence of the Secretary of State, is authorized—
(A) to provide training to the national military or other security forces of Israel, Bahrain, Saudi Arabia, the United Arab Emirates, Oman, Kuwait, and Qatar that have among their functional responsibilities maritime security missions; and
(B) to provide training to ministry, agency, and headquarters level organizations for such forces.
(2) DESIGNATION.—The provision of assistance and training under this section may be referred to as the “Counter Iran Maritime Initiative”.
(c) Types Of Training.—
(1) AUTHORIZED ELEMENTS OF TRAINING.—Training provided under subsection (b)(1)(A) may include the provision of de minimis equipment, supplies, and small-scale military construction.
(2) REQUIRED ELEMENTS OF TRAINING.—Training provided under subsection (b) shall include elements that promote the following:
(A) Observance of and respect for human rights and fundamental freedoms.
(B) Respect for legitimate civilian authority within the country to which the assistance is provided.
(d) Availability Of Funds.—Of the amount authorized to be appropriated for fiscal year 2017 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the provision of assistance and training under subsection (b).
(e) Cost Sharing.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that, given income parity among recipient countries, the Secretary of Defense, with the concurrence of the Secretary of State, should seek, through appropriate bilateral and multilateral arrangements, payments sufficient in amount to offset any training costs associated with implementation of subsection (b).
(2) COST-SHARING AGREEMENT.—The Secretary of Defense, with the concurrence of the Secretary of State, shall negotiate a cost-sharing agreement with a recipient country regarding the cost of any training provided pursuant to section (b). The agreement shall set forth the terms of cost sharing that the Secretary of Defense determines are necessary and appropriate, but such terms shall not be less than 50 percent of the overall cost of the training.
(3) CREDIT TO APPROPRIATIONS.—The portion of such cost-sharing received by the Secretary of Defense pursuant to this subsection may be credited towards appropriations available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301.
(f) Notice To Congress On Training.—Not later than 15 days before exercising the authority under subsection (b) with respect to a recipient country, the Secretary of Defense shall submit to the appropriate congressional committees a notification containing the following:
(1) An identification of the recipient country.
(2) A detailed justification of the program for the provision of the training concerned, and its relationship to United States security interests.
(3) The budget for the program, including a timetable of planned expenditures of funds to implement the program, an implementation time-line for the program with milestones (including anticipated delivery schedules for any assistance and training under the program), the military department or component responsible for management of the program, and the anticipated completion date for the program.
(4) A description of the arrangements, if any, to support recipient country sustainment of any capability developed pursuant to the program, and the source of funds to support sustainment efforts and performance outcomes to be achieved under the program beyond its completion date, if applicable.
(5) A description of the program objectives and an assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient force.
(6) Such other matters as the Secretary considers appropriate.
(g) Definition.—In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(h) Termination.—Assistance and training may not be provided under this section after September 30, 2020.
- SEC. 1653. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI COOPERATIVE MISSILE DEFENSEPROGRAM CODEVELOPMENT AND COPRODUCTION.(a) Iron Dome Short-Range Rocket Defense System.—(1) AVAILABILITY OF FUNDS.—Of the funds authorized to be appropriated by section 101 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $62,000,000 may be provided to the Government of Israel to procure Tamir interceptors for the Iron Dome short-range rocket defense system, as specified in the funding table in division D, through coproduction of such interceptors in the United States by industry of the United States.
(A) AGREEMENT.—Funds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, subject to an amended bilateral international agreement for coproduction for Tamir interceptors. In negotiations by the Missile Defense Agency and the Missile Defense Organization of the Government of Israel regarding such production, the goal of the United States is to maximize opportunities for coproduction of the Tamir interceptors described in paragraph (1) in the United States by industry of the United States.
(B) CERTIFICATION.—Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Director of the Missile Defense Agency and the Under Secretary of Defense for Acquisition, Technology, and Logistics shall jointly submit to the appropriate congressional committees—
(i) a certification that the bilateral international agreement specified in subparagraph (A) is being implemented as provided in such bilateral international agreement; and
(ii) an assessment detailing any risks relating to the implementation of such bilateral international agreement.
(b) Cooperative Missile Defense Program Codevelopment And Coproduction.—
(1) IN GENERAL.—Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2017 for procurement, Defense-wide, and available for the Missile Defense Agency—
(A) not more than $150,000,000 may be provided to the Government of Israel to procure the David’s Sling Weapon System, including for coproduction of parts and components in the United States by United States industry; and
(B) not more than $120,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for coproduction of parts and components in the United States by United States industry.
(A) CRITERIA.—Except as provided by paragraph (3), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the appropriate congressional committees a certification that—
(i) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreements for the David’s Sling Weapon System and the Arrow 3 Upper Tier Development Program, respectively;
(ii) funds specified in subparagraphs (A) and (B) of paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel for such respective systems or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel);
(iii) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds—
(I) in accordance with clause (iv), the terms of coproduction of parts and components of such respective systems on the basis of the greatest practicable coproduction of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for coproduction;
(II) complete transparency on the requirement of Israel for the number of interceptors and batteries of such respective systems that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel;
(III) technical milestones for coproduction of parts and components and procurement of such respective systems; and
(IV) joint approval processes for third-party sales of such respective systems and the components of such respective systems;
(iv) the level of coproduction described in clause (iii)(I) for the Arrow 3 and David’s Sling Weapon System is not less than 50 percent; and
(v) such funds may not be obligated or expended to cover costs related to any delays, including delays with respect to exchanging technical data or specifications.
(B) NUMBER.—In carrying out subparagraph (A), the Under Secretary may submit—
(i) one certification covering both the David’s Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or
(ii) separate certifications for each such respective system.
(C) TIMING.—The Under Secretary shall submit to the congressional defense committees the certification under subparagraph (A) by not later than 60 days before the funds specified in paragraph (1) for the respective system covered by the certification are provided to the Government of Israel.
(3) WAIVER.—The Under Secretary may waive the certification required by paragraph (2) if the Under Secretary certifies to the appropriate congressional committees that the Under Secretary has received sufficient data from the Government of Israel to demonstrate—
(A) the funds specified in subparagraphs (A) and (B) of paragraph (1) are provided to Israel solely for funding the procurement of long-lead components in accordance with a production plan, including a funding profile detailing Israeli contributions for production, including long-lead production, of either David’s Sling Weapon System or the Arrow 3 Upper Tier Interceptor Program;
(B) such long-lead components have successfully completed knowledge points, technical milestones, and production readiness reviews; and
(C) the long-lead procurement will be conducted in a manner that maximizes coproduction in the United States without incurring additional nonrecurring engineering activity or cost.
(c) Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.