II 

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 


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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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States-Israel 

5 Enhanced Security Cooperation Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Since the State of Israel was established in 

9 1948, Presidents of both parties and both Houses of 

10 Congress, supported by the American people, have 

11 recognized the special bond between the United 

12 States and Israel, based on shared values and 

13 shared interests. 

14 (2) The Middle East is undergoing rapid 

15 change, bringing with it hope for an expansion of de16 mocracy but also profound challenges to regional se17 curity—particularly to our most important ally, 


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1 Israel—and to the national security of the United 

2 States. 

3 (3) The past year has witnessed the fall of old 

4 regimes and the rise of political parties in the Mid5 dle East who must now choose between a course of 

6 moderation and inclusion in the international com7 munity or a course of extremism and isolation. 

8 (4) The Government of the Islamic Republic of 

9 Iran is continuing its decades-long pattern of seek10 ing to foment instability in the Middle East, particu11 larly in this time of dramatic political transition. 

12 (5) At the same time, the Government of the 

13 Islamic Republic of Iran continues to enrich ura14 nium in defiance of international law. 

15 (6) A nuclear-weapons capable Iran would fun16 damentally threaten vital United States interests, 

17 encourage regional nuclear proliferation, further em18 power Iran, the world’s leading state sponsor of ter19 ror, and pose a serious and destabilizing threat to 

20 Israel and the region. 

21 (7) Over the past several years, with the assist22 ance of the Governments of the Islamic Republic of 

23 Iran and Syria, Hezbollah and Hamas have in24 creased their stockpile of rockets, with more than 

25 60,000 now ready to be fired at Israel. The GovernVerDate Mar 15 2010 21:09 Jun 27, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2165.RS S2165

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1 ment of the Islamic Republic of Iran continues to 

2 develop its missile technology as well, including 

3 cruise missiles. 

4 (8) As a result, the Government and people of 

5 Israel are facing a fundamentally altered strategic 

6 environment fraught with new and profound chal7 lenges. 

8 SEC. 3. STATEMENT OF UNITED STATES POLICY. 

9 It is the policy of the United States: 

10 (1) To reaffirm our unwavering commitment to 

11 the security of the State of Israel as a Jewish state, 

12 as President Barack Obama stated on December 16, 

13 2011, ‘‘America’s commitment and my commitment 

14 to Israel and Israel’s security is unshakeable,’’ and 

15 as President George W. Bush stated before the 

16 Israeli Knesset on May 15, 2008, on the 60th anni17 versary of the founding of the State of Israel, ‘‘The 

18 alliance between our governments is unbreakable, yet 

19 the source of our friendship runs deeper than any 

20 treaty.’’. 

21 (2) To provide the Government of Israel the 

22 military capabilities necessary to deter and defend 

23 itself against any threat or possible combination of 

24 threats. 


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1 (3) To assist the Government of Israel with its 

2 ongoing efforts to forge a peaceful, negotiated settle3 ment of the Israeli-Palestinian conflict that results 

4 in two states living side-by-side in peace and secu5 rity, and to encourage Israel’s neighbors to recognize 

6 Israel’s right to exist as a Jewish state. 

7 (4) To veto any one-sided anti-Israel resolutions 

8 at the United Nations Security Council. 

9 (5) To support Israel’s inherent right to self-de10 fense. 

11 (6) To pursue every opportunity to expand co12 operation with the Government of Israel on defense 

13 and national security matters and across the spec14 trum of civilian sectors, including advanced tech15 nology, agriculture, medicine, health, pharma16 ceuticals, and energy. 

17 SEC. 4. SENSE OF CONGRESS. 

18 It is the sense of Congress that the United States 

19 Government should take the following actions to assist in 

20 the defense of Israel: 

21 (1) Seek to enhance the capabilities of the Gov22 ernments of the United States and Israel to address 

23 emerging common threats, increase security coopera24 tion, and expand joint military exercises. 


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1 (2) Work to encourage an expanded role for 

2 Israel within the North Atlantic Treaty Organization 

3 (NATO), including an enhanced presence at NATO 

4 headquarters and exercises. 

5 (3) Expand already-close intelligence coopera6 tion, including satellite intelligence, with the Govern7 ment of Israel. 

8 (4) Examine ways to strengthen existing and 

9 ongoing efforts, including the Gaza Counter Arms 

10 Smuggling Initiative, aimed at preventing weapons 

11 smuggling into Gaza pursuant to the 2009 agree12 ment following the Israeli withdrawal from Gaza, as 

13 well as measures to protect against weapons smug14 gling and terrorist threats from the Sinai Peninsula. 

15 (5) Provide the Government of Israel with nec16 essary support to increase development and produc17 tion of joint missile defense systems, particularly 

18 such systems that defend the urgent threat posed to 

19 Israel and United States forces in the region. 

20 (6) Make every effort to assure the provision to 

21 the Government of Israel of defensive equipment 

22 through such mechanisms as lend-lease, to include 

23 air refueling tankers, missile defense capabilities, 

24 and specialized munitions. 


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1 (7) Undertake efforts to make available for pur2 chase by the Government of Israel surplus defense 

3 items, particularly those resulting from the end of 

4 United States combat operations in Iraq. 

5 (8) Offer the Air Force of Israel additional 

6 training and exercise opportunities in the United 

7 States to compensate for Israel’s limited air space. 

8 SEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL AND PRO9 TECT AMERICAN INTERESTS. 

10 (a) EXTENSION OF WAR RESERVES STOCKPILE AU11 THORITY.— 

12 (1) DEPARTMENT OF DEFENSE APPROPRIA13 TIONS ACT, 2005.—Section 12001(d) of the Depart14 ment of Defense Appropriations Act, 2005 (Public 

15 Law 108–287; 118 Stat. 1011) is amended by strik16 ing ‘‘more than 8 years after’’ and inserting ‘‘more 

17 than 10 years after’’. 

18 (2) FOREIGN ASSISTANCE ACT OF 1961.—Sec19 tion 514(b)(2)(A) of the Foreign Assistance Act of 

20 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by 

21 striking ‘‘fiscal years 2011 and 2012’’ and inserting 

22 ‘‘fiscal years 2013 and 2014’’. 

23 (b) EXTENSION OF LOAN GUARANTEES TO

24 ISRAEL.—Chapter 5 of title I of the Emergency Wartime 

25 Supplemental Appropriations Act, 2003 (Public Law 108– 


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1 11; 117 Stat. 576) is amended under the heading ‘‘LOAN

2 GUARANTEES TO ISRAEL’’— 

3 (1) in the matter preceding the first proviso, by 

4 striking ‘‘September 30, 2011’’ and inserting ‘‘Sep5 tember 30, 2015’’; and 

6 (2) in the second proviso, by striking ‘‘Sep7 tember 30, 2011’’ and inserting ‘‘September 30, 

8 2015’’. 

9 SEC. 6. REPORTS REQUIRED. 

10 (a) REPORT ON ISRAEL’S QUALITATIVE MILITARY

11 EDGE (QME).—Not later than 180 days after the date 

12 of the enactment of this Act, the President shall submit 

13 to the appropriate congressional committees a report on 

14 the status of Israel’s qualitative military edge in light of 

15 current trends and instability in the Middle East region, 

16 including what, if any, mitigating technologies could be 

17 provided to the Government of Israel to counter increasing 

18 threats in the region. 

19 (b) REPORTS ON OTHER MATTERS.—Not later than 

20 180 days after the date of the enactment of this Act, the 

21 President shall submit to the appropriate congressional 

22 committees a report on the following matters: 

23 (1) Actions to improve the acquisition process 

24 for the purchase of F–35 aircraft by Israel, particu25 larly with respect to cost efficiency and on-time deVerDate Mar 15 2010 21:09 Jun 27, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2165.RS S2165

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1 livery, taking into account the urgent need of the 

2 Government of Israel for such aircraft. 

3 (2) Efforts to expand cooperation between the 

4 United States Government and the Government of 

5 Israel in homeland security, counter-terrorism, mari6 time security, energy, cyber-security, and other re7 lated areas. 

8 (3) Actions to integrate Israel into the defense 

9 of the Eastern Mediterranean. 

10 SEC. 7. DEFINITIONS. 

11 In this Act: 

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means— 

15 (A) the Committee on Appropriations, the 

16 Committee on Armed Services, the Committee 

17 on Foreign Relations, and the Select Committee 

18 on Intelligence of the Senate; and 

19 (B) the Committee on Appropriations, the 

20 Committee on Armed Services, the Committee 

21 on Foreign Affairs, and the Permanent Select 

22 Committee on Intelligence of the House of Rep23 resentatives. 

24 (2) QUALITATIVE MILITARY EDGE.—The term 

25 ‘‘qualitative military edge’’ has the meaning given 


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1 the term in section 36(h)(2) of the Arms Export 

2 Control Act (22 U.S.C. 2776(h)(2)). 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States-Israel En5 hanced Security Cooperation Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Since 1948, United States Presidents and 

9 both houses of Congress, on a bipartisan basis and 

10 supported by the American people, have repeatedly re11 affirmed the special bond between the United States 

12 and Israel, based on shared values and shared inter13 ests. 

14 (2) The Middle East is undergoing rapid change, 

15 bringing with it hope for an expansion of democracy 

16 but also great challenges to the national security of 

17 the United States and our allies in the region, par18 ticularly to our most important ally in the region, 

19 Israel. 

20 (3) The Government of the Islamic Republic of 

21 Iran is continuing its decades-long pattern of seeking 

22 to foment instability and promote extremism in the 

23 Middle East, particularly in this time of dramatic 

24 political transition. 


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1 (4) At the same time, the Government of the Is2 lamic Republic of Iran continues to enrich uranium 

3 in defiance of multiple United Nations Security 

4 Council resolutions. 

5 (5) A nuclear-weapons capable Iran would fun6 damentally threaten vital United States interests, en7 courage regional nuclear proliferation, further em8 power Iran, the world’s leading state sponsor of ter9 ror, and pose a serious and destabilizing threat to 

10 Israel and the region. 

11 (6) Over the past several years, with the assist12 ance of the Governments of the Islamic Republic of 

13 Iran and Syria, Hizbollah and Hamas have in14 creased their stockpile of rockets, with more than 

15 60,000 now ready to be fired at Israel. The Govern16 ment of the Islamic Republic of Iran continues to add 

17 to its arsenal of ballistic missiles and cruise missiles, 

18 which threaten Iran’s neighbors, Israel, and United 

19 States Armed Forces in the region. 

20 (7) As a result, Israel is facing a fundamentally 

21 altered strategic environment. 

22 (8) Pursuant to chapter 5 of title 1 of the Emer23 gency Wartime Supplemental Appropriations Act, 

24 2003 (Public Law 108–11; 117 Stat. 576), the authorVerDate Mar 15 2010 21:09 Jun 27, 2012 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S2165.RS S2165

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1 ity to make available loan guarantees to Israel is cur2 rently set to expire on September 30, 2012. 

3 SEC. 3. STATEMENT OF POLICY. 

4 It is the policy of the United States: 

5 (1) To reaffirm our unwavering commitment to 

6 the security of the State of Israel as a Jewish state. 

7 As President Barack Obama stated on December 16, 

8 2011, ‘‘America’s commitment and my commitment 

9 to Israel and Israel’s security is unshakeable.’’ And as 

10 President George W. Bush stated before the Israeli 

11 Knesset on May 15, 2008, on the 60th anniversary of 

12 the founding of the State of Israel, ‘‘The alliance be13 tween our governments is unbreakable, yet the source 

14 of our friendship runs deeper than any treaty.’’. 

15 (2) To help the Government of Israel preserve its 

16 qualitative military edge amid rapid and uncertain 

17 regional political transformation. 

18 (3) To veto any one-sided anti-Israel resolutions 

19 at the United Nations Security Council. 

20 (4) To support Israel’s inherent right to self-de21 fense. 

22 (5) To pursue avenues to expand cooperation 

23 with the Government of Israel both in defense and 

24 across the spectrum of civilian sectors, including high 


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1 technology, agriculture, medicine, health, pharma2 ceuticals, and energy. 

3 (6) To assist the Government of Israel with its 

4 ongoing efforts to forge a peaceful, negotiated settle5 ment of the Israeli-Palestinian conflict that results in 

6 two states living side-by-side in peace and security, 

7 and to encourage Israel’s neighbors to recognize 

8 Israel’s right to exist as a Jewish state. 

9 (7) To encourage further development of ad10 vanced technology programs between the United 

11 States and Israel given current trends and instability 

12 in the region. 

13 SEC. 4. UNITED STATES ACTIONS TO ASSIST IN THE DE14 FENSE OF ISRAEL AND PROTECT UNITED 

15 STATES INTERESTS. 

16 It is the sense of Congress that the United States Gov17 ernment should take the following actions to assist in the 

18 defense of Israel: 

19 (1) Seek to enhance the capabilities of the Gov20 ernments of the United States and Israel to address 

21 emerging common threats, increase security coopera22 tion, and expand joint military exercises. 

23 (2) Provide the Government of Israel such sup24 port as may be necessary to increase development and 

25 production of joint missile defense systems, particuVerDate Mar 15 2010 21:09 Jun 27, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\S2165.RS S2165

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1 larly such systems that defend against the urgent 

2 threat posed to Israel and United States forces in the 

3 region. 

4 (3) Provide the Government of Israel assistance 

5 specifically for the production and procurement of the 

6 Iron Dome defense system for purposes of intercepting 

7 short-range missiles, rockets, and projectiles launched 

8 against Israel. 

9 (4) Provide the Government of Israel defense ar10 ticles and defense services through such mechanisms 

11 as appropriate, to include air refueling tankers, mis12 sile defense capabilities, and specialized munitions. 

13 (5) Provide the Government of Israel additional 

14 excess defense articles, as appropriate, in the wake of 

15 the withdrawal of United States forces from Iraq. 

16 (6) Examine ways to strengthen existing and on17 going efforts, including the Gaza Counter Arms 

18 Smuggling Initiative, aimed at preventing weapons 

19 smuggling into Gaza pursuant to the 2009 agreement 

20 following the Israeli withdrawal from Gaza, as well 

21 as measures to protect against weapons smuggling 

22 and terrorist threats from the Sinai Peninsula. 

23 (7) Offer the Air Force of Israel additional 

24 training and exercise opportunities in the United 

25 States to compensate for Israel’s limited air space. 


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1 (8) Work to encourage an expanded role for 

2 Israel with the North Atlantic Treaty Organization 

3 (NATO), including an enhanced presence at NATO 

4 headquarters and exercises. 

5 (9) Expand already-close intelligence coopera6 tion, including satellite intelligence, with Israel. 

7 SEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL AND PRO8 TECT AMERICAN INTERESTS. 

9 (a) EXTENSION OF WAR RESERVES STOCKPILE AU10 THORITY.— 

11 (1) DEPARTMENT OF DEFENSE APPROPRIATIONS

12 ACT, 2005.—Section 12001(d) of the Department of 

13 Defense Appropriations Act, 2005 (Public Law 108– 

14 287; 118 Stat. 1011) is amended by striking ‘‘more 

15 than 8 years after’’ and inserting ‘‘more than 10 

16 years after’’. 

17 (2) FOREIGN ASSISTANCE ACT OF 1961.—Section 

18 514(b)(2)(A) of the Foreign Assistance Act of 1961 

19 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking 

20 ‘‘fiscal years 2011 and 2012’’ and inserting ‘‘fiscal 

21 years 2013 and 2014’’. 

22 (b) EXTENSION OF LOAN GUARANTEES TO ISRAEL.— 

23 Chapter 5 of title I of the Emergency Wartime Supple24 mental Appropriations Act, 2003 (Public Law 108–11; 117 


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1 Stat. 576) is amended under the heading ‘‘LOAN GUARAN2 TEES TO ISRAEL’’— 

3 (1) in the matter preceding the first proviso, by 

4 striking ‘‘September 30, 2011’’ and inserting ‘‘Sep5 tember 30, 2015’’; and 

6 (2) in the second proviso, by striking ‘‘September 

7 30, 2011’’ and inserting ‘‘September 30, 2015’’. 

8 SEC. 6. REPORTS REQUIRED. 

9 (a) REPORT ON ISRAEL’S QUALITATIVE MILITARY

10 EDGE (QME).— 

11 (1) IN GENERAL.—Not later than 180 days after 

12 the date of the enactment of this Act, the President 

13 shall submit to the Committee on Foreign Relations 

14 of the Senate and the Committee on Foreign Affairs 

15 of the House of Representatives a report on the status 

16 of Israel’s qualitative military edge in light of current 

17 trends and instability in the region. 

18 (2) SUBSTITUTION FOR QUADRENNIAL RE19 PORT.—If submitted within one year of the date that 

20 the first quadrennial report required by section 

21 201(c)(2) of the Naval Vessel Transfer Act of 2008 

22 (Public Law 110–429; 22 U.S.C. 2776 note) is due to 

23 be submitted, the report required by paragraph (1) 

24 may substitute for such quadrennial report. 


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1 (b) REPORTS ON OTHER MATTERS.—Not later than 

2 180 days after the date of the enactment of this Act, the 

3 President shall submit to the appropriate congressional 

4 committees a report on each of the following matters: 

5 (1) Taking into account the Government of 

6 Israel’s urgent requirement for F-35 aircraft, actions 

7 to improve the process relating to its purchase of F– 

8 35 aircraft, particularly with respect to cost efficiency 

9 and timely delivery. 

10 (2) Efforts to expand cooperation between the 

11 United States and Israel in homeland security, 

12 counter-terrorism, maritime security, energy, cyber13 security, and other related areas. 

14 (3) Actions to integrate Israel into the defense of 

15 the Eastern Mediterranean. 

16 SEC. 7. DEFINITIONS. 

17 In this Act: 

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional commit20 tees’’ means— 

21 (A) the Committee on Appropriations, the 

22 Committee on Armed Services, the Committee on 

23 Foreign Relations, and the Select Committee on 

24 Intelligence of the Senate; and 


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1 (B) the Committee on Appropriations, the 

2 Committee on Armed Services, the Committee on 

3 Foreign Affairs, and the Permanent Select Com4 mittee on Intelligence of the House of Represent5 atives. 

6 (2) QUALITATIVE MILITARY EDGE.—The term 

7 ‘‘qualitative military edge’’ has the meaning given the 

8 term in section 36(h)(2) of the Arms Export Control 

9 Act (22 U.S.C. 2776(h)(2)). 


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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 


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