[Congressional Record Volume 164, Number 130 (Wednesday, August 1, 2018)]
[Senate]
[Pages S5567-S5572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNITED STATES-ISRAEL SECURITY ASSISTANCE AUTHORIZATION ACT OF 2018
Mr. GARDNER. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 519, S. 2497.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations, with
an amendment to strike all after the enacting clause and insert in lieu
thereof the following:
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 partnership for development cooperation in
developing nations.
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. 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 February 1987, the United States granted Israel
major non-NATO ally status.
(2) On August 16, 2007, the United States and Israel signed
a ten-year Memorandum of Understanding on United States
military assistance to
[[Page S5568]]
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 stated the sense of Congress
that the United States Government should ``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''.
(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 September 14, 2016, the United States and Israel
signed a ten-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.
(7) 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 single pledge of
military assistance ever and a reiteration of the seven-
decade, unshakeable, bipartisan commitment of the United
States to Israel's security.
(8) 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'';
(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 plans 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 with precision guided munitions 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 to sell such quantities of precision guided
munitions from reserve stocks to Israel as necessary for
legitimate self-defense and otherwise consistent with the
purposes and conditions for such sales 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 sale under this section, the
President shall certify in an unclassified notification to
the appropriate congressional committees that the sale 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 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, reexport, or in-
country transfer of an item subject to controls under the
Export Administration Regulations.
[[Page S5569]]
(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 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 what steps are necessary for Israel to be
included in such a 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 an 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) 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 PARTNERSHIP FOR DEVELOPMENT
COOPERATION IN DEVELOPING NATIONS.
(a) Statement of Policy.--It should be the policy of the
United States Agency for International Development (USAID) to
partner 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 enhance coordination on advancing 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) According to a press report, 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.
(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;
(3) efforts to counter unmanned aerial vehicles should
include the feasibility of utilizing directed energy and high
powered microwave technologies, which can disable vehicles
without kinetic destruction; and
(4) 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, such
as the use of directed energy or high powered microwave
technology, 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) shall--
(A) 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;
(B) establish a framework to negotiate the rights to
intellectual property developed under the agreement; and
(C) include appropriate protections for sensitive
technology.
TITLE III--ENSURING ISRAEL'S QUALITATIVE MILITARY EDGE
SEC. 301. 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.
Mr. PAUL. Mr. President, I am a strong supporter of Israel. They
remain one of our staunchest allies, and we must support them. However,
the Israelis have called for a curtailment of U.S. aid for more than 20
years in order to ensure their own military and economic independence.
In 2013, Naftali Bennet, who was then serving as Israel's Minister of
Economics and as the leader of the Home Party said, ``Today, U.S.
military aid is roughly 1 percent of Israel's economy. I think,
generally, we need to free ourselves from it. We have to do it
responsibly . . . but our situation today is very different from what
it was 20 and 30 years ago.''
Additionally, on July 10, 1996, Israeli Prime Minister Benjamin
Netanyahu said before a Joint Session of Congress, ``I believe we can
now say that Israel has reached childhood's end, that it has matured
enough to begin approaching a state of self-reliance . . . . We are
going to achieve economic independence [from the United States].''
Mr. GARDNER. Mr. President, I ask unanimous consent that the Rubio
amendment at the desk be agreed to, the committee-reported amendment,
as amended, be agreed to, and the bill, as amended, be considered read
a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3690) was agreed to, as follows:
(Purpose: To make improvements to the bill)
On page 29, after line 26, add the following:
(5) The current United States inventory of the precision
guided munitions described in paragraphs (1) and (2), and an
assessment whether such inventory meets the United States
total munitions requirement.
On page 31, strike line 20 and insert ``at the end and
inserting ``; or''; and''.
On page 40, after line 21, add the following:
(d) Report on Cooperation.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees (as that term
is defined in section 101(a) of title 10, United States
Code), the Committee on Foreign Relations of the Senate, and
the Committee on Foreign Affairs of the House of
Representatives a report describing the cooperation of the
United States with Israel with respect to countering unmanned
aerial systems that includes each of the following:
(A) An identification of specific capability gaps of the
United States and Israel with respect to countering unmanned
aerial systems.
(B) An identification of cooperative projects that would
address those capability gaps and mutually benefit and
strengthen the security of the United States and Israel.
(C) An assessment of the projected cost for research and
development efforts for such cooperative projects, including
an identification of those to be conducted in the United
States, and the timeline for the completion of each such
project.
(D) An assessment of the extent to which the capability
gaps of the United States
[[Page S5570]]
identified pursuant to subparagraph (A) are not likely to be
addressed through the cooperative projects identified
pursuant to subparagraph (B).
(E) An assessment of the projected costs for procurement
and fielding of any capabilities developed jointly pursuant
to an agreement described in subsection (c).
(2) Limitation.--No activities may be conducted pursuant to
an agreement described in subsection (c) until the date that
is 15 days after the date on which the Secretary of Defense
submits the report required under paragraph (1).
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. GARDNER. Mr. President, I know of no further debate on the bill.
The PRESIDING OFFICER. Is there further debate?
Hearing none, the bill having been read the third time, the question
is, Shall the bill pass?
The bill (S. 2497), as amended, was passed, as follows:
S. 2497
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 partnership for development cooperation in
developing nations.
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. 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 February 1987, the United States granted Israel
major non-NATO ally status.
(2) On August 16, 2007, the United States and Israel signed
a ten-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 stated the sense of Congress
that the United States Government should ``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''.
(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 September 14, 2016, the United States and Israel
signed a ten-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.
(7) 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 single pledge of
military assistance ever and a reiteration of the seven-
decade, unshakeable, bipartisan commitment of the United
States to Israel's security.
(8) 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'';
(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 plans 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 with precision guided munitions in the event of
confrontations described in paragraphs (1) and (2), if any.
(5) The current United States inventory of the precision
guided munitions described in paragraphs (1) and (2), and an
assessment whether such inventory meets the United States
total munitions requirement.
(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.
[[Page S5571]]
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 to sell such quantities of precision guided
munitions from reserve stocks to Israel as necessary for
legitimate self-defense and otherwise consistent with the
purposes and conditions for such sales 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 sale under this section, the
President shall certify in an unclassified notification to
the appropriate congressional committees that the sale 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 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 ``; or''; 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, reexport, or in-
country transfer of an item subject to controls under the
Export Administration 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 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 what steps are necessary for Israel to be
included in such a 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 an 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) 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 PARTNERSHIP FOR DEVELOPMENT
COOPERATION IN DEVELOPING NATIONS.
(a) Statement of Policy.--It should be the policy of the
United States Agency for International Development (USAID) to
partner 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 enhance coordination on advancing 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) According to a press report, 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.
(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;
(3) efforts to counter unmanned aerial vehicles should
include the feasibility of utilizing directed energy and high
powered microwave technologies, which can disable vehicles
without kinetic destruction; and
(4) 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.--
[[Page S5572]]
(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, such
as the use of directed energy or high powered microwave
technology, 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) shall--
(A) 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;
(B) establish a framework to negotiate the rights to
intellectual property developed under the agreement; and
(C) include appropriate protections for sensitive
technology.
(d) Report on Cooperation.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees (as that term
is defined in section 101(a) of title 10, United States
Code), the Committee on Foreign Relations of the Senate, and
the Committee on Foreign Affairs of the House of
Representatives a report describing the cooperation of the
United States with Israel with respect to countering unmanned
aerial systems that includes each of the following:
(A) An identification of specific capability gaps of the
United States and Israel with respect to countering unmanned
aerial systems.
(B) An identification of cooperative projects that would
address those capability gaps and mutually benefit and
strengthen the security of the United States and Israel.
(C) An assessment of the projected cost for research and
development efforts for such cooperative projects, including
an identification of those to be conducted in the United
States, and the timeline for the completion of each such
project.
(D) An assessment of the extent to which the capability
gaps of the United States identified pursuant to subparagraph
(A) are not likely to be addressed through the cooperative
projects identified pursuant to subparagraph (B).
(E) An assessment of the projected costs for procurement
and fielding of any capabilities developed jointly pursuant
to an agreement described in subsection (c).
(2) Limitation.--No activities may be conducted pursuant to
an agreement described in subsection (c) until the date that
is 15 days after the date on which the Secretary of Defense
submits the report required under paragraph (1).
TITLE III--ENSURING ISRAEL'S QUALITATIVE MILITARY EDGE
SEC. 301. 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.
Mr. GARDNER. Mr. President, I ask unanimous consent that the motion
to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________