H. Rept. 114-827 - UNITED STATES-ISRAEL ADVANCED RESEARCH PARTNERSHIP ACT OF 2016114th Congress (2015-2016)
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114th Congress } { Rept. 114-827
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
UNITED STATES-ISRAEL ADVANCED RESEARCH PARTNERSHIP ACT OF 2016
_______
November 15, 2016.--Committed to the Committee of the Whole House on
the State of the Union and Ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5877]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5877) to amend the Homeland Security Act of 2002
and the United States-Israel Strategic Partnership Act of 2014
to promote cooperative homeland security research and
antiterrorism programs relating to cybersecurity, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Committee Correspondence......................................... 10
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Advanced Research
Partnership Act of 2016''.
SEC. 2. COOPERATIVE HOMELAND SECURITY RESEARCH AND ANTITERRORISM
PROGRAMS RELATING TO CYBERSECURITY.
(a) Homeland Security Act of 2002.--Section 317 of the Homeland
Security Act of 2002 (6 U.S.C. 195c) is amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by inserting after paragraph (2) the following
new paragraphs:
``(3) for international cooperative activities identified in
the previous reporting period, a status update on the progress
of such activities, including whether goals were realized,
explaining any lessons learned, and evaluating overall success;
and
``(4) a discussion of obstacles encountered in the course of
forming, executing, or implementing agreements for
international cooperative activities, including administrative,
legal, or diplomatic challenges or resource constraints.'';
(2) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(3) by inserting after subsection (f) the following new
subsection:
``(g) Cybersecurity.--As part of the international cooperative
activities authorized in this section, the Under Secretary, in
coordination with the Department of State and appropriate Federal
officials, may enter into cooperative research activities with Israel
to strengthen preparedness against cyber threats and enhance
capabilities in cybersecurity.''.
(b) United States-Israel Strategic Partnership Act of 2014.--
Subsection (c) of section 7 of the United States-Israel Strategic
Partnership Act of 2014 (Public Law 113-296; 22 U.S.C. 8606) is
amended--
(1) in the heading, by striking ``Pilot'';
(2) in the matter preceding paragraph (1), by striking
``pilot'';
(3) in paragraph (2), by striking ``and'' at the end;
(4) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(4) cybersecurity.''.
SEC. 3. PROHIBITION ON ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated to carry out
this Act or the amendments made by this Act.
Purpose and Summary
H.R. 5877, the United States-Israel Advanced Research
Partnership Act of 2016 expands and builds on an existing joint
research and development program between the U.S. Department of
Homeland Security (DHS), Science and Technology Directorate
(S&T;), Homeland Security Advanced Research Projects Agency
(HSARPA) and the Israeli Ministry of Public Security to include
cybersecurity research and development.
Currently, the United States-Israel Strategic Partnership
Act of 2014 authorizes the Secretary of DHS, acting through the
Director of HSARPA, to conduct Cooperative Research Pilot
Programs with the State of Israel to enhance capabilities in
border, maritime and aviation security, as well as explosives
detection and emergency services. H.R. 5877 amends the United
States-Israel Strategic Partnership Act of 2014 to remove the
`pilot' designation and add cybersecurity as a fourth program
area for cooperative research.
Additionally, H.R. 5877 amends section 317 of the Homeland
Security Act of 2002 (Pub. L. 107-296) (which requires the S&T;
Directorate to carry out international cooperative activities
related to homeland security) to authorize the Under Secretary
of S&T;, in coordination with the U.S. Department of State and
other appropriate Federal officials, to enter into cooperative
research activities with the State of Israel to strengthen
cybersecurity capabilities.
Background and Need for Legislation
The Department of Homeland Security S&T; has maintained a
close working relationship with the State of Israel in the area
of homeland security research and development. In May 2008, the
United States and Israel signed an ``Agreement on Cooperation
in Science and Technology for Homeland Security Matters,''
which covers mutual interest in research, development, testing
and evaluation relating to homeland security.\1\
---------------------------------------------------------------------------
\1\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. May 29, 2008. Accessed at:
https://www.dhs.gov/xlibrary/assets/
agreement_us_israel_sciencetech_cooperation_2008-05-29.pdf.
---------------------------------------------------------------------------
In June 2016, Deputy Secretary of Homeland Security
Alejandro Mayorkas traveled to Israel and met with the Head of
the National Cyber Bureau and signed a Letter of Intent to
increase cybersecurity information sharing between the two
countries. Israel has also stated its intent to be a part of
the Automated Indicator Sharing (AIS) program at DHS.\2\
---------------------------------------------------------------------------
\2\Department of Homeland Security, Readout of Deputy Secretary
Mayorkas' Trip to Israel. June 22nd, 2016. Accessed at: https://
www.dhs.gov/news/2016/06/22/readout-deputy-secretary-mayorkas-trip-
israel.
---------------------------------------------------------------------------
Additionally, S&T; has partnered closely with the U.S.
Binational Industrial Research and Development (BIRD)
Foundation on the development of technology for first
responders.
Hearings
No hearings were held on H.R. 5877 in the 114th Congress.
Committee Consideration
The Committee met on September 13, 2016, to consider H.R.
5877, and ordered the measure to be reported to the House with
a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Ratcliffe (#1); was AGREED TO, as amended, by voice vote.
An Amendment by Mr. Richmond to the Amendment in the Nature of
a Substitute (#1A); was AGREED TO by voice vote.
Page 1, line 10, insert the following (and make necessary
conforming changes):
(1) in subsection (e)-
(A) in paragraph (1), by striking ``and'' after the semicolon; (B)
in paragraph (2), by striking the period at the end and inserting ``;
and''; and (C) by inserting after paragraph (2) the following new
paragraphs:
``(3) for international cooperative activities identified in the
previous reporting period, a status update on the progress of such
activities, including whether goals were realized, explaining any
lessons learned, and evaluating overall success; and
``(4) a discussion of obstacles encountered in the course of
forming, executing, or implementing agreements for international
cooperative activities, including administrative, legal, or diplomatic
challenges or resource constraints.''.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 5877.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5877, the United States-Israel Advanced Research Partnership
Act of 2016, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 22, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5877, the United
States-Israel Advanced Research Partnership Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 5877--United States-Israel Advanced Research Partnership Act of
2016
H.R. 5877 would authorize the Department of Homeland
Security (DHS) to enter into cooperative research agreements
with Israel to improve cybersecurity. DHS is currently carrying
out activities similar to those required by the bill; thus, CBO
estimates that implementing H.R. 5877 would not significantly
affect spending by DHS. Because enacting the legislation would
not affect direct spending or revenues, pay-as-you-go
procedures do not apply.
CBO estimates that enacting H.R. 5877 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 5877 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 5877 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation authorizes an expansion of the United
States-Israel Advanced Research Partnership Act of 2016 to
include research and development on cybersecurity capabilities.
Additionally, this legislation authorizes the Under Secretary
of the Science and Technology Directorate, in coordination with
the Department of State and other appropriate Federal
officials, to enter into cooperative research activities with
the State of Israel to strengthen cybersecurity capabilities.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 5877 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 5877 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5877 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``United States-Israel Advanced Research Partnership Act of
2016''.
Section 2. Cooperative homeland security research and antiterrorism
programs relating to cybersecurity
This section amends section 317 of the Homeland Security
Act of 2002 to authorize the Under Secretary of S&T;, in
coordination with the U.S. Department of State and appropriate
Federal officials, to enter into cooperative research
activities with the State of Israel to strengthen preparedness
against cyber threats and enhance cybersecurity capabilities.
This section also adds to current reporting requirements on the
international cooperative activities authorized in section 317
to require reporting on the status and progress of cooperative
activities and a discussion of obstacles encountered in
forming, executing, and implementing agreements.
Additionally, this section amends Section 7(c) of the
United States-Israel Strategic Partnership Act of 2014 to
ensure continuation of the Cooperative Research Pilot Programs,
by striking ``pilot'' and adding cybersecurity to the list of
programs, which currently includes: border, maritime and
aviation security; explosives detection; and emergency
services.
Section 3. Prohibition on additional funding
This section prohibits additional funds from being
appropriated to carry out this Act or the amendments made by
this Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION
PROGRAM.
(a) Definitions.--In this section:
(1) Director.-- The term ``Director'' means the
Director selected under subsection (b)(2).
(2) International cooperative activity.-- The term
``international cooperative activity'' includes--
(A) coordinated research projects, joint
research projects, or joint ventures;
(B) joint studies or technical
demonstrations;
(C) coordinated field exercises, scientific
seminars, conferences, symposia, and workshops;
(D) training of scientists and engineers;
(E) visits and exchanges of scientists,
engineers, or other appropriate personnel;
(F) exchanges or sharing of scientific and
technological information; and
(G) joint use of laboratory facilities and
equipment.
(b) Science and Technology Homeland Security International
Cooperative Programs Office.--
(1) Establishment.-- The Under Secretary shall
establish the Science and Technology Homeland Security
International Cooperative Programs Office.
(2) Director.-- The Office shall be headed by a
Director, who--
(A) shall be selected, in consultation with
the Assistant Secretary for International
Affairs, by and shall report to the Under
Secretary; and
(B) may be an officer of the Department
serving in another position.
(3) Responsibilities.--
(A) Development of mechanisms.-- The Director
shall be responsible for developing, in
coordination with the Department of State and,
as appropriate, the Department of Defense, the
Department of Energy, and other Federal
agencies, understandings and agreements to
allow and to support international cooperative
activity in support of homeland security.
(B) Priorities.-- The Director shall be
responsible for developing, in coordination
with the Office of International Affairs and
other Federal agencies, strategic priorities
for international cooperative activity for the
Department in support of homeland security.
(C) Activities.-- The Director shall
facilitate the planning, development, and
implementation of international cooperative
activity to address the strategic priorities
developed under subparagraph (B) through
mechanisms the Under Secretary considers
appropriate, including grants, cooperative
agreements, or contracts to or with foreign
public or private entities, governmental
organizations, businesses (including small
businesses and socially and economically
disadvantaged small businesses (as those terms
are defined in sections 3 and 8 of the Small
Business Act (15 U.S.C. 632 and 637),
respectively)), federally funded research and
development centers, and universities.
(D) Identification of partners.-- The
Director shall facilitate the matching of
United States entities engaged in homeland
security research with non-United States
entities engaged in homeland security research
so that they may partner in homeland security
research activities.
(4) Coordination.-- The Director shall ensure that
the activities under this subsection are coordinated
with the Office of International Affairs and the
Department of State and, as appropriate, the Department
of Defense, the Department of Energy, and other
relevant Federal agencies or interagency bodies. The
Director may enter into joint activities with other
Federal agencies.
(c) Matching Funding.--
(1) In general.--
(A) Equitability.-- The Director shall ensure
that funding and resources expended in
international cooperative activity will be
equitably matched by the foreign partner
government or other entity through direct
funding, funding of complementary activities,
or the provision of staff, facilities,
material, or equipment.
(B) Grant matching and repayment.--
(i) In general.-- The Secretary may
require a recipient of a grant under
this section--
(I) to make a matching
contribution of not more than
50 percent of the total cost of
the proposed project for which
the grant is awarded; and
(II) to repay to the
Secretary the amount of the
grant (or a portion thereof),
interest on such amount at an
appropriate rate, and such
charges for administration of
the grant as the Secretary
determines appropriate.
(ii) Maximum amount.-- The Secretary
may not require that repayment under
clause (i)(II) be more than 150 percent
of the amount of the grant, adjusted
for inflation on the basis of the
Consumer Price Index.
(2) Foreign partners.-- Partners may include Israel,
the United Kingdom, Canada, Australia, Singapore, and
other allies in the global war on terrorism as
determined to be appropriate by the Secretary of
Homeland Security and the Secretary of State.
(3) Loans of equipment.-- The Director may make or
accept loans of equipment for research and development
and comparative testing purposes.
(d) Foreign Reimbursements.--If the Science and Technology
Homeland Security International Cooperative Programs Office
participates in an international cooperative activity with a
foreign partner on a cost-sharing basis, any reimbursements or
contributions received from that foreign partner to meet its
share of the project may be credited to appropriate current
appropriations accounts of the Directorate of Science and
Technology.
(e) Report to Congress on International Cooperative
Activities.--Not later than one year after the date of
enactment of this section, and every 5 years thereafter, the
Under Secretary, acting through the Director, shall submit to
Congress a report containing--
(1) a brief description of each grant, cooperative
agreement, or contract made or entered into under
subsection (b)(3)(C), including the participants,
goals, and amount and sources of funding; [and]
(2) a list of international cooperative activities
underway, including the participants, goals, expected
duration, and amount and sources of funding, including
resources provided to support the activities in lieu of
direct funding[.];
(3) for international cooperative activities
identified in the previous reporting period, a status
update on the progress of such activities, including
whether goals were realized, explaining any lessons
learned, and evaluating overall success; and
(4) a discussion of obstacles encountered in the
course of forming, executing, or implementing
agreements for international cooperative activities,
including administrative, legal, or diplomatic
challenges or resource constraints.
(f) Animal and Zoonotic Diseases.--As part of the
international cooperative activities authorized in this
section, the Under Secretary, in coordination with the Chief
Medical Officer, the Department of State, and appropriate
officials of the Department of Agriculture, the Department of
Defense, and the Department of Health and Human Services, may
enter into cooperative activities with foreign countries,
including African nations, to strengthen American preparedness
against foreign animal and zoonotic diseases overseas that
could harm the Nation's agricultural and public health sectors
if they were to reach the United States.
(g) Cybersecurity.--As part of the international cooperative
activities authorized in this section, the Under Secretary, in
coordination with the Department of State and appropriate
Federal officials, may enter into cooperative research
activities with Israel to strengthen preparedness against cyber
threats and enhance capabilities in cybersecurity.
[(g)] (h) Construction; Authorities of the Secretary of
State.--Nothing in this section shall be construed to alter or
affect the following provisions of law:
(1) Title V of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
(2) Section 112b(c) of title 1, United States Code.
(3) Section 1(e)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
(4) Sections 2 and 27 of the Arms Export Control Act
(22 U.S.C. 2752 and 22 U.S.C. 2767).
(5) Section 622(c) of the Foreign Assistance Act of
1961 (22 U.S.C. 2382(c)).
[(h)] (i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as are necessary.
* * * * * * *
----------
UNITED STATES-ISRAEL STRATEGIC PARTNERSHIP ACT OF 2014
* * * * * * *
SEC. 7. 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--
(1) to undertake activities in cooperation with
Israel; and
(2) 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--
(1) 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
(2) to enhance scientific cooperation between Israel
and the United States.
(c) Cooperative Research [Pilot] 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 [pilot]
programs with Israel to enhance Israel's capabilities in--
(1) border, maritime, and aviation security;
(2) explosives detection; [and]
(3) emergency services[.]; and
(4) cybersecurity.
* * * * * * *
Committee Correspondence
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, November 14, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman McCaul: Thank you for consulting with the
Foreign Affairs Committee regarding H.R. 5877, the United
States-Israel Advanced Research Partnership Act of 2016. I
agree that the Foreign Affairs Committee may be discharged from
further consideration of that measure, so that it may proceed
expeditiously to the House floor.
I am writing to confirm our mutual understanding that
foregoing further action on this measure does not in any way
diminish or alter the jurisdiction of the Committee on Foreign
Affairs, or prejudice its jurisdictional prerogatives on this
bill or similar legislation in the future. I also request your
support for the appointment of Foreign Affairs conferees to any
House-Senate conference on this legislation.
I ask that a copy of our exchange of letters on this matter
be included in your committee report, and also in the
Congressional Record during floor consideration of the bill.
Sincerely,
Edward R. Royce,
Chairman.
------
House of Representatives,
Committee on Homeland Security,
Washington, DC, November 15, 2016.
Hon. Ed Royce,
Chairman, Committee on Foreign Affairs, Washington, DC.
Dear Chairman Royce: Thank you for your letter regarding
H.R. 5877, the ``United States-Israel Advanced Research
Partnership Act of 2016.'' I appreciate your support in
bringing this legislation before the House of Representatives,
and accordingly, understand that the Committee on Foreign
Affairs will forego further action on the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing further action on this bill at
this time, the Committee on Foreign Affairs does not waive any
jurisdiction over the subject matter contained in this bill or
similar legislation in the future. In addition, should a
conference on this bill be necessary, I would support your
request to have the Committee on Foreign Affairs represented on
the conference committee.
I will insert copies of this exchange in the report on the
bill and in the Congressional Record during consideration of
this bill on the House floor. I thank you for your cooperation
in this matter.
Sincerely,
Michael T. McCaul,
Chairman, Committee on Homeland Security.
[all]