[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2165 Reported in Senate (RS)]

                                                       Calendar No. 437
112th CONGRESS
  2d Session
                                S. 2165

                          [Report No. 112-179]

To enhance strategic cooperation between the United States and Israel, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2012

Mrs. Boxer (for herself, Mr. Isakson, Ms. Collins, Mrs. Feinstein, Mr. 
   Blunt, Mr. Coburn, Mr. Chambliss, Mr. Heller, Mrs. McCaskill, Mr. 
  Rubio, Mr. Hoeven, Mr. Moran, Mr. Pryor, Mr. Nelson of Florida, Mr. 
  Blumenthal, Ms. Mikulski, Mr. Wyden, Mr. Boozman, Mrs. Shaheen, Mr. 
  Burr, Mr. Brown of Ohio, Mr. Casey, Ms. Klobuchar, Mr. Portman, Mr. 
  Roberts, Mr. Lieberman, Mr. Vitter, Mr. Coons, Mr. Lee, Mr. Begich, 
 Mrs. Gillibrand, Mrs. Hagan, Ms. Ayotte, Mr. Schumer, Mr. Crapo, Mr. 
   Whitehouse, Mr. Kirk, Ms. Murkowski, Mr. Johanns, Mr. Inouye, Mr. 
 Wicker, Mr. Akaka, Mr. Inhofe, Mr. Carper, Mr. Cardin, Mr. Hatch, Mr. 
   Cornyn, Mr. Warner, Mr. Baucus, Mrs. Hutchison, Mr. Cochran, Mr. 
 Toomey, Mr. Merkley, Mr. Kohl, Mr. Coats, Mr. Brown of Massachusetts, 
    Mr. Lautenberg, Mr. Barrasso, Mr. Johnson of South Dakota, Mr. 
Sessions, Ms. Cantwell, Mr. Grassley, Mr. Risch, Mr. Udall of Colorado, 
  Mr. Menendez, Mr. Reed, Mr. Franken, Ms. Landrieu, and Mr. Shelby) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations


                             June 27, 2012

                Reported by Mr. Kerry, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To enhance strategic cooperation between the United States and Israel, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``United States-Israel 
Enhanced Security Cooperation Act of 2012''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) Since the State of Israel was established in 
        1948, Presidents of both parties and both Houses of Congress, 
        supported by the American people, have recognized the special 
        bond between the United States and Israel, based on shared 
        values and shared interests.</DELETED>
        <DELETED>    (2) The Middle East is undergoing rapid change, 
        bringing with it hope for an expansion of democracy but also 
        profound challenges to regional security--particularly to our 
        most important ally, Israel--and to the national security of 
        the United States.</DELETED>
        <DELETED>    (3) The past year has witnessed the fall of old 
        regimes and the rise of political parties in the Middle East 
        who must now choose between a course of moderation and 
        inclusion in the international community or a course of 
        extremism and isolation.</DELETED>
        <DELETED>    (4) The Government of the Islamic Republic of Iran 
        is continuing its decades-long pattern of seeking to foment 
        instability in the Middle East, particularly in this time of 
        dramatic political transition.</DELETED>
        <DELETED>    (5) At the same time, the Government of the 
        Islamic Republic of Iran continues to enrich uranium in 
        defiance of international law.</DELETED>
        <DELETED>    (6) 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.</DELETED>
        <DELETED>    (7) Over the past several years, with the 
        assistance of the Governments of the Islamic Republic of Iran 
        and Syria, Hezbollah 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 develop its missile technology as well, including 
        cruise missiles.</DELETED>
        <DELETED>    (8) As a result, the Government and people of 
        Israel are facing a fundamentally altered strategic environment 
        fraught with new and profound challenges.</DELETED>

<DELETED>SEC. 3. STATEMENT OF UNITED STATES POLICY.</DELETED>

<DELETED>    It is the policy of the United States:</DELETED>
        <DELETED>    (1) 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.''.</DELETED>
        <DELETED>    (2) To provide the Government of Israel the 
        military capabilities necessary to deter and defend itself 
        against any threat or possible combination of 
        threats.</DELETED>
        <DELETED>    (3) 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.</DELETED>
        <DELETED>    (4) To veto any one-sided anti-Israel resolutions 
        at the United Nations Security Council.</DELETED>
        <DELETED>    (5) To support Israel's inherent right to self-
        defense.</DELETED>
        <DELETED>    (6) To pursue every opportunity to expand 
        cooperation with the Government of Israel on defense and 
        national security matters and across the spectrum of civilian 
        sectors, including advanced technology, agriculture, medicine, 
        health, pharmaceuticals, and energy.</DELETED>

<DELETED>SEC. 4. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that the United States 
Government should take the following actions to assist in the defense 
of Israel:</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) Work to encourage an expanded role for Israel 
        within the North Atlantic Treaty Organization (NATO), including 
        an enhanced presence at NATO headquarters and 
        exercises.</DELETED>
        <DELETED>    (3) Expand already-close intelligence cooperation, 
        including satellite intelligence, with the Government of 
        Israel.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (5) Provide the Government of Israel with 
        necessary support to increase development and production of 
        joint missile defense systems, particularly such systems that 
        defend the urgent threat posed to Israel and United States 
        forces in the region.</DELETED>
        <DELETED>    (6) Make every effort to assure the provision to 
        the Government of Israel of defensive equipment through such 
        mechanisms as lend-lease, to include air refueling tankers, 
        missile defense capabilities, and specialized 
        munitions.</DELETED>
        <DELETED>    (7) Undertake efforts to make available for 
        purchase by the Government of Israel surplus defense items, 
        particularly those resulting from the end of United States 
        combat operations in Iraq.</DELETED>
        <DELETED>    (8) Offer the Air Force of Israel additional 
        training and exercise opportunities in the United States to 
        compensate for Israel's limited air space.</DELETED>

<DELETED>SEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL AND PROTECT AMERICAN 
              INTERESTS.</DELETED>

<DELETED>    (a) Extension of War Reserves Stockpile Authority.--
</DELETED>
        <DELETED>    (1) Department of defense appropriations act, 
        2005.--Section 12001(d) of the Department of Defense 
        Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) 
        is amended by striking ``more than 8 years after'' and 
        inserting ``more than 10 years after''.</DELETED>
        <DELETED>    (2) Foreign assistance act of 1961.--Section 
        514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2321h(b)(2)(A)) is amended by striking ``fiscal years 2011 and 
        2012'' and inserting ``fiscal years 2013 and 2014''.</DELETED>
<DELETED>    (b) Extension of Loan Guarantees to Israel.--Chapter 5 of 
title I of the Emergency Wartime Supplemental Appropriations Act, 2003 
(Public Law 108-11; 117 Stat. 576) is amended under the heading ``Loan 
Guarantees to Israel''--</DELETED>
        <DELETED>    (1) in the matter preceding the first proviso, by 
        striking ``September 30, 2011'' and inserting ``September 30, 
        2015''; and</DELETED>
        <DELETED>    (2) in the second proviso, by striking ``September 
        30, 2011'' and inserting ``September 30, 2015''.</DELETED>

<DELETED>SEC. 6. REPORTS REQUIRED.</DELETED>

<DELETED>    (a) Report on Israel's Qualitative Military Edge (QME).--
Not later than 180 days after the date of the enactment of this Act, 
the President shall submit to the appropriate congressional committees 
a report on the status of Israel's qualitative military edge in light 
of current trends and instability in the Middle East region, including 
what, if any, mitigating technologies could be provided to the 
Government of Israel to counter increasing threats in the 
region.</DELETED>
<DELETED>    (b) Reports on Other Matters.--Not later than 180 days 
after the date of the enactment of this Act, the President shall submit 
to the appropriate congressional committees a report on the following 
matters:</DELETED>
        <DELETED>    (1) Actions to improve the acquisition process for 
        the purchase of F-35 aircraft by Israel, particularly with 
        respect to cost efficiency and on-time delivery, taking into 
        account the urgent need of the Government of Israel for such 
        aircraft.</DELETED>
        <DELETED>    (2) Efforts to expand cooperation between the 
        United States Government and the Government of Israel in 
        homeland security, counter-terrorism, maritime security, 
        energy, cyber-security, and other related areas.</DELETED>
        <DELETED>    (3) Actions to integrate Israel into the defense 
        of the Eastern Mediterranean.</DELETED>

<DELETED>SEC. 7. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Appropriations, the 
                Committee on Armed Services, the Committee on Foreign 
                Relations, and the Select Committee on Intelligence of 
                the Senate; and</DELETED>
                <DELETED>    (B) 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.</DELETED>
        <DELETED>    (2) Qualitative military edge.--The term 
        ``qualitative military edge'' has the meaning given the term in 
        section 36(h)(2) of the Arms Export Control Act (22 U.S.C. 
        2776(h)(2)).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Israel Enhanced 
Security Cooperation Act of 2012''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) 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.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) As a result, Israel is facing a fundamentally altered 
        strategic environment.
            (8) 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.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States:
            (1) 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.''.
            (2) To help the Government of Israel preserve its 
        qualitative military edge amid rapid and uncertain regional 
        political transformation.
            (3) To veto any one-sided anti-Israel resolutions at the 
        United Nations Security Council.
            (4) To support Israel's inherent right to self-defense.
            (5) 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.
            (6) 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.
            (7) To encourage further development of advanced technology 
        programs between the United States and Israel given current 
        trends and instability in the region.

SEC. 4. 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:
            (1) 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.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) Provide the Government of Israel additional excess 
        defense articles, as appropriate, in the wake of the withdrawal 
        of United States forces from Iraq.
            (6) 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.
            (7) Offer the Air Force of Israel additional training and 
        exercise opportunities in the United States to compensate for 
        Israel's limited air space.
            (8) Work to encourage an expanded role for Israel with the 
        North Atlantic Treaty Organization (NATO), including an 
        enhanced presence at NATO headquarters and exercises.
            (9) Expand already-close intelligence cooperation, 
        including satellite intelligence, with Israel.

SEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL AND PROTECT AMERICAN 
              INTERESTS.

    (a) Extension of War Reserves Stockpile Authority.--
            (1) Department of defense appropriations act, 2005.--
        Section 12001(d) of the Department of Defense Appropriations 
        Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by 
        striking ``more than 8 years after'' and inserting ``more than 
        10 years after''.
            (2) Foreign assistance act of 1961.--Section 514(b)(2)(A) 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2321h(b)(2)(A)) is amended by striking ``fiscal years 2011 and 
        2012'' and inserting ``fiscal years 2013 and 2014''.
    (b) Extension of Loan Guarantees to Israel.--Chapter 5 of title I 
of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public 
Law 108-11; 117 Stat. 576) is amended under the heading ``Loan 
Guarantees to Israel''--
            (1) in the matter preceding the first proviso, by striking 
        ``September 30, 2011'' and inserting ``September 30, 2015''; 
        and
            (2) in the second proviso, by striking ``September 30, 
        2011'' and inserting ``September 30, 2015''.

SEC. 6. REPORTS REQUIRED.

    (a) Report on Israel's Qualitative Military Edge (QME).--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, 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.
            (2) Substitution for quadrennial report.--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 the 
date of the enactment of this Act, the President shall submit to the 
appropriate congressional committees a report on each of the following 
matters:
            (1) 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.
            (2) Efforts to expand cooperation between the United States 
        and Israel in homeland security, counter-terrorism, maritime 
        security, energy, cyber-security, and other related areas.
            (3) Actions to integrate Israel into the defense of the 
        Eastern Mediterranean.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Armed Services, the Committee on Foreign Relations, 
                and the Select Committee on Intelligence of the Senate; 
                and
                    (B) 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.
            (2) Qualitative military edge.--The term ``qualitative 
        military edge'' has the meaning given the term in section 
        36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)).
                                                       Calendar No. 437

112th CONGRESS

  2d Session

                                S. 2165

                          [Report No. 112-179]

_______________________________________________________________________

                                 A BILL

To enhance strategic cooperation between the United States and Israel, 
                        and for other purposes.

_______________________________________________________________________

                             June 27, 2012

                       Reported with an amendment