S. 2165 — United States-Israel Enhanced Security Cooperation Act of 2012

[112th Congress Public Law 150]
[From the U.S. Government Publishing Office]



[[Page 1145]]

     UNITED STATES-ISRAEL ENHANCED SECURITY COOPERATION ACT OF 2012

[[Page 126 STAT. 1146]]

Public Law 112-150
112th Congress

                                 An Act


 
 To enhance strategic cooperation between the United States and Israel, 
      and for other purposes. <<NOTE: July 27, 2012 -  [S. 2165]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: United States-
Israel Enhanced Security Cooperation Act of 2012.>> 
SECTION 1. <<NOTE: 22 USC 8601 note.>> SHORT TITLE.

    This Act may be cited as the ``United States-Israel Enhanced 
Security Cooperation Act of 2012''.
SEC. 2. <<NOTE: 22 USC 8601.>> 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.

[[Page 126 STAT. 1147]]

            (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. <<NOTE: 22 USC 8602.>> 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. <<NOTE: 22 USC 8603.>> 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.

[[Page 126 STAT. 1148]]

            (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. <<NOTE: President. 22 USC 8604.>> 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:

[[Page 126 STAT. 1149]]

            (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. <<NOTE: 22 USC 8605.>> 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)).

    Approved July 27, 2012.

LEGISLATIVE HISTORY--S. 2165 (H.R. 4133):
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SENATE REPORTS: No. 112-179 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 158 (2012):
            June 29, considered and passed Senate.
            July 17, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2012):
            July 27, Presidential remarks.

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United States-Israel Enhanced Security Cooperation Act of 2012

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