[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2497 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2497

To amend the Foreign Assistance Act of 1961 and the Arms Export Control 
  Act to make improvements to certain defense and security assistance 
provisions and to authorize the appropriations of funds to Israel, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2018

 Mr. Rubio (for himself and Mr. Coons) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To amend the Foreign Assistance Act of 1961 and the Arms Export Control 
  Act to make improvements to certain defense and security assistance 
provisions and to authorize the appropriations of funds to Israel, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States-
Israel Security Assistance Authorization Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Appropriate congressional committees defined.
                TITLE I--SECURITY ASSISTANCE FOR ISRAEL

Sec. 101. Findings.
Sec. 102. Statement of policy regarding Israel's defense systems.
Sec. 103. Assistance for Israel.
Sec. 104. Extension of war reserves stockpile authority.
Sec. 105. Extension of loan guarantees to Israel.
Sec. 106. Joint assessment of quantity of precision guided munitions 
                            for use by Israel.
Sec. 107. Transfer of precision guided munitions to Israel.
Sec. 108. Modification of rapid acquisition and deployment procedures.
Sec. 109. Eligibility of Israel for the strategic trade authorization 
                            exception to certain export control 
                            licensing requirements.
          TITLE II--ENHANCED UNITED STATES-ISRAEL COOPERATION

Sec. 201. United States-Israel space cooperation.
Sec. 202. United States Agency for International Development--Israel 
                            enhanced cooperation.
Sec. 203. Authority to enter into a cooperative project agreement with 
                            Israel to counter unmanned aerial vehicles 
                            that threaten the United States or Israel.
         TITLE III--ENSURING ISRAEL'S QUALITATIVE MILITARY EDGE

Sec. 301. Improved reporting on enhancing Israel's qualitative military 
                            edge and security posture.
Sec. 302. Statement of policy.

SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives.

                TITLE I--SECURITY ASSISTANCE FOR ISRAEL

SEC. 101. FINDINGS.

    Congress makes the following findings:
            (1) In April 1998, the United States designated Israel as a 
        ``major non-NATO ally''.
            (2) On August 16, 2007, the United States and Israel signed 
        a 10-year Memorandum of Understanding on United States military 
        assistance to Israel. The total assistance over the course of 
        this understanding would equal $30,000,000,000.
            (3) On July 27, 2012, the United States-Israel Enhanced 
        Security Cooperation Act of 2012 (Public Law 112-150; 22 U.S.C. 
        8601 et seq.) declared it to be the policy of the United States 
        ``to help the Government of Israel preserve its qualitative 
        military edge amid rapid and uncertain regional political 
        transformation'' and ``provide Israel defense articles and 
        services, to include air refueling tankers, missile defense 
        capabilities, and specialized munitions''.
            (4) On December 19, 2014, President Barack Obama signed 
        into law the United States-Israel Strategic Partnership Act of 
        2014 (Public Law 113-296) which stated the sense of Congress 
        that Israel is a major strategic partner of the United States 
        and declared it to be the policy of the United States ``to 
        continue to provide Israel with robust security assistance, 
        including for the procurement of the Iron Dome Missile Defense 
        System''.
            (5) Section 1679 of the National Defense Authorization Act 
        for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1135) 
        authorized funds to be appropriated for Israeli cooperative 
        missile defense program codevelopment and coproduction, 
        including funds to be provided to the Government of Israel to 
        procure the David's Sling weapon system as well as the Arrow 3 
        Upper Tier Interceptor Program.
            (6) On June 22, 2016, Senate Resolution 508 (114th 
        Congress) was introduced in the United States Senate, 
        expressing support for the expeditious consideration and 
        finalization of a new, robust, and long-term Memorandum of 
        Understanding on military assistance to Israel between the 
        United States Government and the Government of Israel.
            (7) Senate Resolution 508 provides that the Senate--
                    (A) ``reaffirms that Israel is a major strategic 
                partner of the United States'';
                    (B) ``reaffirms that it is the policy and law of 
                the United States to ensure that Israel maintains its 
                qualitative military edge and has the capacity and 
                capability to defend itself from all credible military 
                threats'';
                    (C) ``reaffirms United States support of a robust 
                Israeli tiered missile defense program'';
                    (D) ``supports continued discussions between the 
                Government of the United States and the Government of 
                Israel for a robust and long-term Memorandum of 
                Understanding on United States military assistance to 
                Israel'';
                    (E) ``urges the expeditious finalization of a new 
                Memorandum of Understanding between the Government of 
                the United States and the Government of Israel''; and
                    (F) ``supports a robust and long-term Memorandum of 
                Understanding negotiated between the United States and 
                Israel regarding military assistance which increases 
                the amount of aid from previous agreements and 
                significantly enhances Israel's military 
                capabilities''.
            (8) On September 14, 2016, the United States and Israel 
        signed a 10-year Memorandum of Understanding reaffirming the 
        importance of continuing annual United States military 
        assistance to Israel and cooperative missile defense programs 
        in a way that enhances Israel's security and strengthens the 
        bilateral relationship between the two countries.
            (9) The 2016 Memorandum of Understanding reflected United 
        States support of Foreign Military Financing (FMF) grant 
        assistance to Israel over the ten year period beginning in 
        fiscal year 2019 and ending in fiscal year 2028. FMF grant 
        assistance would be at a level of $3,300,000,000 annually, 
        totaling $33,000,000,000, the largest United States assistance 
        package ever and a reiteration of the seven-decade, 
        unshakeable, bipartisan commitment of the United States to 
        Israel's security.
            (10) The Memorandum of Understanding also reflected United 
        States support for funding for cooperative programs to develop, 
        produce, and procure missile, rocket, and projectile defense 
        capabilities over a ten year period beginning in fiscal year 
        2019 and ending in fiscal year 2028 at a level of $500,000,000 
        per year, totaling $5,000,000,000.

SEC. 102. STATEMENT OF POLICY REGARDING ISRAEL'S DEFENSE SYSTEMS.

    It shall be the policy of the United States to provide assistance 
to the Government of Israel in order to support funding for cooperative 
programs to develop, produce, and procure missile, rocket, projectile, 
and other defense capabilities to help Israel meet its security needs 
and to help develop and enhance United States defense capabilities.

SEC. 103. ASSISTANCE FOR ISRAEL.

    (a) Authorization of Appropriations for Israel.--Section 513(c) of 
the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 856) 
is amended--
            (1) in paragraph (1), by striking ``2002 and 2003'' and 
        inserting ``2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 
        2027, and 2028''; and
            (2) in paragraph (2)--
                    (A) by striking ``equal to--'' and inserting ``not 
                less than $3,300,000,000.''; and
                    (B) by striking subparagraphs (A) and (B).

SEC. 104. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.

    (a) 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 ``after September 
30, 2018'' and inserting ``after September 30, 2023''.
    (b) 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 ``2013, 2014, 2015, 2016, 2017, and 2018'' and inserting 
``2018, 2019, 2020, 2021, 2022, and 2023.''.

SEC. 105. 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, 2019'' and inserting ``September 30, 2023''; 
        and
            (2) in the second proviso, by striking ``September 30, 
        2019'' and inserting ``September 30, 2023''.

SEC. 106. JOINT ASSESSMENT OF QUANTITY OF PRECISION GUIDED MUNITIONS 
              FOR USE BY ISRAEL.

    (a) In General.--The President, acting through the Secretary of 
State and the Secretary of Defense, is authorized to conduct a joint 
assessment with the Government of Israel with respect to the matters 
described in subsection (b).
    (b) Matters Described.--The matters described in this subsection 
are the following:
            (1) The quantity and type of precision guided munitions 
        that are necessary for Israel to combat Hezbollah in the event 
        of a sustained armed confrontation between Israel and 
        Hezbollah.
            (2) The quantity and type of precision guided munitions 
        that are necessary for Israel in the event of a sustained armed 
        confrontation with other armed groups and terrorist 
        organizations such as Hamas.
            (3) The resources the Government of Israel can plan to 
        dedicate to acquire such precision guided munitions.
            (4) United States planning to assist Israel to prepare for 
        sustained armed confrontations described in this subsection as 
        well as the ability of the United States to resupply Israel in 
        the event of confrontations described in paragraphs (1) and 
        (2), if any.
    (c) Report.--
            (1) In general.--Not later than 15 days after the date on 
        which the joint assessment authorized under subsection (a) is 
        completed, the President shall submit to the appropriate 
        congressional committees a report that contains the joint 
        assessment.
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.

SEC. 107. TRANSFER OF PRECISION GUIDED MUNITIONS TO ISRAEL.

    (a) In General.--Notwithstanding section 514 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized--
            (1) to utilize the Special Defense Acquisition Fund to 
        transfer precision guided munitions and related defense 
        articles and services to reserve stocks for Israel; and
            (2) to transfer such quantities of precision guided 
        munitions from reserve stocks for Israel as necessary for 
        legitimate self-defense and otherwise consistent with the 
        purposes and conditions for such transfers under the Arms 
        Export Control Act (22 U.S.C. 2751 et seq.).
    (b) Certifications.--Except in case of emergency, not later than 5 
days before making a transfer under this section, the President shall 
certify in an unclassified notification to the appropriate 
congressional committees that the transfer of the precision guided 
munitions--
            (1) does not affect the ability of the United States to 
        maintain a sufficient supply of precision guided munitions;
            (2) does not harm the combat readiness of the United States 
        or the ability of the United States to meet its commitment to 
        allies for the transfer of such munitions; and
            (3) is absolutely necessary for Israel to counter the 
        threat of rockets in a timely fashion.

SEC. 108. MODIFICATION OF RAPID ACQUISITION AND DEPLOYMENT PROCEDURES.

    (a) Requirement To Establish Procedures.--
            (1) In general.--Section 806(a) of the Bob Stump National 
        Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 
        note; Public Law 107-314) is amended--
                    (A) in paragraph (1)(C), by striking ``; and'';
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) urgently needed to support production of precision 
        guided munitions--
                    ``(A) for United States counterterrorism missions; 
                or
                    ``(B) to assist an ally of the United States under 
                direct missile threat from--
                            ``(i) an organization the Secretary of 
                        State has designated as a foreign terrorist 
                        organization pursuant to section 219 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1189); or
                            ``(ii) a country the government of which 
                        the Secretary of State has determined, for 
                        purposes of section 6(j) of the Export 
                        Administration Act of 1979 (50 U.S.C. 4605(j)) 
                        (as in effect pursuant to the International 
                        Emergency Economic Powers Act), section 620A of 
                        the Foreign Assistance Act of 1961 (22 U.S.C. 
                        2371), section 40 of the Arms Export Control 
                        Act (22 U.S.C. 2780), or any other provision of 
                        law, is a government that has repeatedly 
                        provided support for acts of international 
                        terrorism.''.
            (2) Prescription of procedures.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall prescribe procedures for the rapid acquisition 
        and deployment of supplies and associated support services for 
        purposes described in paragraph (3) of section 806(a) of the 
        Bob Stump National Defense Authorization Act for Fiscal Year 
        2003, as added by paragraph (1)(A) of this subsection.
    (b) Use of Amounts in Special Defense Acquisition Fund.--Section 
114(c)(3) of title 10, United States Code, is amended by inserting 
before the period at the end the following: ``or to assist an ally of 
the United States that is under direct missile threat, including from a 
terrorist organization supported by Iran, and such threat adversely 
affects the safety and security of such ally''.

SEC. 109. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION 
              EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING 
              REQUIREMENTS.

    (a) Findings.--Congress makes the following findings:
            (1) Israel has adopted high standards in the field of 
        export controls.
            (2) Israel has declared its unilateral adherence to the 
        Missile Technology Control Regime, the Australia Group, and the 
        Nuclear Suppliers Group.
            (3) Israel is a party to--
                    (A) the Convention on Prohibitions or Restrictions 
                on the Use of Certain Conventional Weapons which may be 
                Deemed to be Excessively Injurious or to Have 
                Indiscriminate Effects, signed at Geneva October 10, 
                1980;
                    (B) the Protocol for the Prohibition of the Use in 
                War of Asphyxiating, Poisonous or Other Gases, and of 
                Bacteriological Methods of Warfare, signed at Geneva 
                June 17, 1925; and
                    (C) the Convention on the Physical Protection of 
                Nuclear Material, adopted at Vienna October 26, 1979.
            (4) Section 6(b) of the United States-Israel Strategic 
        Partnership Act of 2014 (22 U.S.C. 8603 note) directs the 
        President, consistent with the commitments of the United States 
        under international agreements, to take steps so that Israel 
        may be included in the list of countries eligible for the 
        strategic trade authorization exception under section 
        740.20(c)(1) of title 15, Code of Federal Regulations, to the 
        requirement for a license for the export, re-export, or in-
        country transfer of an item subject to controls under the 
        Export Administration Regulations.
            (5) As of December 27, 2016, the last publication of the 
        license exceptions country list, Israel had not been included 
        for the strategic trade authorization exception under section 
        740.20 (c) (1) of title 15, Code of Federal Regulations.
    (b) Report on Eligibility for Strategic Trade Authorization 
Exception.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate congressional committees a report that--
                    (A) describes the steps taken to include Israel in 
                the list of countries eligible for the strategic trade 
                authorization exception under section 740.20(c)(1) of 
                title 15, Code of Federal Regulations, as required 
                under 6(b) of the United States-Israel Strategic 
                Partnership Act of 2014 (22 U.S.C. 8603 note; Public 
                Law 113-296); and
                    (B) includes the reasons as to why Israel has not 
                yet been included in such list of countries eligible 
                for the strategic trade authorization exception.
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.

          TITLE II--ENHANCED UNITED STATES-ISRAEL COOPERATION

SEC. 201. UNITED STATES-ISRAEL SPACE COOPERATION.

    (a) Findings.--Congress makes the following findings:
            (1) Authorized in 1958, the National Aeronautics and Space 
        Administration (NASA) supports and coordinates United States 
        Government research in aeronautics, human exploration and 
        operations, science, and space technology.
            (2) Established in 1983, the Israel Space Agency (ISA) 
        supports the growth of Israel's space industry by supporting 
        academic research, technological innovation, and educational 
        activities.
            (3) The mutual interest of the United States and Israel in 
        space exploration affords both nations an opportunity to 
        leverage their unique abilities to advance scientific 
        discovery.
            (4) In 1996, NASA and the ISA entered into their first 
        agreement outlining areas of mutual cooperation, which remained 
        in force until 2005.
            (5) Since 1996, NASA and the ISA have successfully 
        cooperated on many space programs supporting the Global 
        Positioning System and research related to the sun, earth 
        science, and the environment.
            (6) The bond between NASA and the ISA was permanently 
        forged on February 1, 2003, with the loss of the crew of STS-
        107, including Israeli Astronaut Ilan Ramon.
            (7) The United States-Israel Strategic Partnership Act Of 
        2014 (Public Law 113-296) designated Israel as a major 
        strategic partner of the United States.
            (8) On October 13, 2015, the United States and Israel 
        signed the Framework Agreement between the National Aeronautics 
        and Space Administration of the United States of America and 
        the Israel Space Agency for Cooperation in Aeronautics and the 
        Exploration and Use of Airspace and Outer Space for Peaceful 
        Purposes.
    (b) Continuing Cooperation.--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.

SEC. 202. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT--ISRAEL 
              ENHANCED COOPERATION.

    (a) Statement of Policy.--It should be the policy of the United 
States Agency for International Development (USAID) to cooperate with 
Israel in order to advance common goals across a wide variety of 
sectors, including energy, agriculture and food security, democracy, 
human rights and governance, economic growth and trade, education, 
environment, global health, and water and sanitation.
    (b) Memorandum of Understanding.--The Administrator of the United 
States Agency for International Development is authorized to enter into 
memoranda of understanding with Israel in order to advance common goals 
on energy, agriculture and food security, democracy, human rights and 
governance, economic growth and trade, education, environment, global 
health, and water and sanitation with a focus on strengthening mutual 
ties and cooperation with nations throughout the world.

SEC. 203. AUTHORITY TO ENTER INTO A COOPERATIVE PROJECT AGREEMENT WITH 
              ISRAEL TO COUNTER UNMANNED AERIAL VEHICLES THAT THREATEN 
              THE UNITED STATES OR ISRAEL.

    (a) Findings.--Congress makes the following findings:
            (1) On February 10, 2018, Iran launched from Syria an 
        unmanned aerial vehicle (commonly known as a ``drone'') that 
        penetrated Israeli airspace.
            (2) Israeli officials noted that the unmanned aerial 
        vehicle was in Israeli airspace for a minute-and-a-half before 
        being shot down by its air force.
            (3) Senior Israeli officials stated that the unmanned 
        aerial vehicle was an advanced piece of technology.
            (4) It remains unclear whether the unmanned aerial vehicle 
        was armed. Nonetheless, the launch, and sophistication of the 
        unmanned aerial vehicle, highlight the threat Israel faces from 
        unmanned aerial vehicles from Iranian forces active in Syria 
        and from Hezbollah in Lebanon.
            (5) The United States likewise faces the threat of unmanned 
        aerial vehicles along the United States border and in areas of 
        active hostilities, including Islamic State of Iraq and Syria 
        (ISIS) drones in Syria and Iraq and al Qaeda manufactured 
        drones in Afghanistan.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) joint research and development to counter unmanned 
        aerial vehicles will serve the national security interests of 
        the United States and Israel;
            (2) Israel faces urgent and emerging threats from unmanned 
        aerial vehicles, and other unmanned vehicles, launched from 
        Lebanon by Hezbollah, from Syria by Iran's Revolutionary Guard 
        Corps, or from others seeking to attack Israel; and
            (3) the United States and Israel should continue to work 
        together to defend against all threats to the safety, security, 
        and national interests of both countries.
    (c) Authority To Enter Into Agreement.--
            (1) In general.--The President is authorized to enter into 
        a cooperative project agreement with Israel under the authority 
        of section 27 of the Arms Export Control Act (22 U.S.C. 2767), 
        to carry out research on and development, testing, evaluation, 
        and joint production (including follow-on support) of defense 
        articles and defense services to detect, track, and destroy 
        unmanned aerial vehicles that threaten the United States or 
        Israel.
            (2) Applicable requirements.--The cooperative project 
        agreement described in paragraph (1)--
                    (A) shall provide that any activities carried out 
                pursuant to the agreement are subject to--
                            (i) the applicable requirements described 
                        in subparagraphs (A), (B), and (C) of section 
                        27(b)(2) of the Arms Export Control Act (22 
                        U.S.C. 2767(b)(2)); and
                            (ii) any other applicable requirements of 
                        the Arms Export Control Act (22 U.S.C. 2751 et 
                        seq.) with respect to the use, transfers, and 
                        security of such defense articles and defense 
                        services under that Act; and
                    (B) shall establish a framework to negotiate the 
                rights to intellectual property developed under the 
                agreement.

         TITLE III--ENSURING ISRAEL'S QUALITATIVE MILITARY EDGE

SEC. 301. IMPROVED REPORTING ON ENHANCING ISRAEL'S QUALITATIVE MILITARY 
              EDGE AND SECURITY POSTURE.

    Section 201(c)(2) the Naval Vessel Transfer Act of 2008 is amended 
by adding at the end the following: ``The report shall include an 
assessment of--
                    ``(A) the ability of Israel to effectively defend 
                itself against military threats from regional non-state 
                actors;
                    ``(B) the risk that is posed by the sale or export 
                of a subsequent unauthorized transfer or proliferation 
                of the equipment for use against Israel;
                    ``(C) the range of cyber and asymmetric threats 
                posed to Israel by state and non-state actors;
                    ``(D) the range of threats posed to Israel by state 
                and non-state actors through the use of unmanned 
                vehicles and systems, through air, land, or water; and
                    ``(E) the effective countermeasures available to 
                Israel to defend against the risks and threats 
                described in subparagraphs (B) through (D).''.

SEC. 302. STATEMENT OF POLICY.

    It is the policy of the United States to ensure that Israel 
maintains its ability to counter and defeat any credible conventional 
military, or emerging, threat from any individual state or possible 
coalition of states or from non-state actors, while sustaining minimal 
damages and casualties, through the use of superior military means, 
possessed in sufficient quantity, including weapons, command, control, 
communication, intelligence, surveillance, and reconnaissance 
capabilities that in their technical characteristics are superior in 
capability to those of such other individual or possible coalition 
states or non-state actors.
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