,,ii #aafth ,,congress #b;d ,session ,s4 #dhad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bj 7legislative day1 ,october #ai71 #bjbj,mr4 ,menendez 7for himself and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to ensure that sales1 exports1 or transfers of ,f-#ce aircraft do not compromise the qualitative military edge of the ,united ,states or ,israel1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,israel and ,united ,states ,security ,enhancement for ,f-#ce ,exports ,act of #bjbj or the ,,secure ,f-#ce ,exports ,act of #bjbj4 #b4 ,assessment of ,israel's quantitative military disadvantage 7a7 ,in general ,section #bja7;a7 of the ,naval ,vessel ,transfer ,act of #bjjh 7,public ,law #aaj-dbi2 #bb ,u4,s4,c4 #bggf note7 is amended-- 7#a7 by inserting 1 and does not suffer a quantitative military disadvantage from1 after qualitative military edge over2 and 7#b7 by adding at the end the following new subsection3 7f7 ,public disclosure ,the report required under subsection 7c7 shall be unclassified1 without redactions1 and public to the maximum extent possible1 but may also include a classified annex without redactions4 4 7b7 ,assessments 7#a7 ,initial assessment and report ,not later than #fj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a report with an assessment of whether ,israel suffers from a quantitative military disadvantage as described in section #bja7;a7 of the ,naval ,vessel ,transfer ,act of #bjjh 7,public ,law #aaj-dbi2 #bb ,u4,s4,c4 #bggf note71 as amended by subsection 7a74 ,the report shall be unclassified1 without redactions and public to the maximum extent possible1 but may also include a classified annex without redactions4 7#b7 ,subsequent assessments and reports ,the ,president shall direct subsequent assessments on ,israel's quantitative military disadvantage be performed every four years1 to coincide with and be included in the quadrennial assessment and report required under section #bja of the ,naval ,vessel ,transfer ,act of #bjjh 7,public ,law #aaj-dbi2 #bb ,u4,s4,c4 #bggf note74 7c7 ,public disclosure of certification on sale of ,f-#ce to ,,uae ,the ,president shall publicly disclose1 to the maximum extent possible1 the certification required under section #cf7;h7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;h77 relating to any sale1 export1 or transfer of ,f-#ce aircraft and associated defense articles and defense services to the ,united ,arab ,emirates4 #c4 ,assessment of threat against ,united ,states qualitative military edge inherent in export of ,f-#ce and successor combat aircraft 7a7 ,requirement for report and assessment 7#a7 ,in general ,not later than #ae days before a proposed sale1 export1 or transfer to a foreign country 7other than a member state of the ,north ,atlantic ,treaty ,organization1 ,australia1 ,israel1 ,japan1 ,republic of ,korea1 or ,new ,zealand7 of ,f-#ce aircraft 7including any variant or successor combat aircraft7 is submitted to ,congress pursuant to the requirements of section #cf of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf71 the ,president shall submit to the appropriate congressional committees a report with an assessment of the risks presented by such sale1 export1 or transfer to the security of the ,united ,states1 including the critical military and technological military advantage such aircraft provide to the ,united ,states ,armed ,forces4 7#b7 ,elements ,the assessment required under paragraph 7#a7 shall include-- 7,a7 a comprehensive overview of the potential compromise of ,united ,states military technology used in ,f-#ce aircraft by potential foreign intelligence activities2 7,b7 a description of the protective measures that will be taken to safeguard against such compromise2 and 7,c7 a description of the counter-measures that could be taken should such compromise occur4 7b7 ,certification ,not later than #ae days before a proposed sale1 export1 or transfer described under subsection 7a77#a71 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 certification that such sale1 export1 or transfer does not present a significant danger of compromising the critical military and technological military advantage such aircraft provide to the ,united ,states ,armed ,forces4 7c7 ,form ,the assessment and certification required under this section shall be unclassified1 without redactions and public to the maximum extent possible1 but may also include a classified annex without redactions4 #d4 ,certifications related to sale of ,f-#ce aircraft to countries in the ,middle ,east 7a7 ,certifications before sale ,not later than #cj days before concluding a ,letter of ,offer and ,acceptance 7or corresponding agreement or contract7 for the sale of1 or concluding a contract for the manufacture of1 ,f-#ce aircraft to be transferred to any country in the ,middle ,east other than ,israel1 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 certification1 together with a report providing a detailed justification therefor1 that-- 7#a7 the transfer of ,f-#ce aircraft to the recipient country will not compromise or undermine ,israel's qualitative military edge1 as defined in section #cf7;h7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;h772 7#b7 the recipient country has provided specific1 reliable1 and verifiable assurances to the ,united ,states that it will not use these aircraft in activities or operations inimical to the security of ,israel1 or to the foreign policy and national security interests of the ,united ,states1 including that the recipient country will-- 7,a7 not utilize them against allies and partners of the ,united ,states2 7,b7 not transfer or share any component technology of the ,f-#ce aircraft to any third party or third country2 and 7,c7 ensure sufficient security against hostile technical collection efforts against the aircraft that could compromise militarily significant or otherwise sensitive information2 7#c7 the recipient country has provided specific1 reliable1 and verifiable assurances to the ,united ,states that it will not use these aircraft to commit1 or enable the commission of1 a violation of international humanitarian law or internationally recognized human rights2 7#d7 if the recipient country violates such assurances1 the ,united ,states will have the means to address and ameliorate these violations to reduce the impact on the security of ,israel or on the foreign policy and national security interests of the ,united ,states1 including a listing of such means2 and 7#e7 the ,united ,states will require technology security measures on the delivery1 operation1 storage1 and servicing of such aircraft sufficient to significantly reduce the danger of compromise of the military technology4 7b7 ,certifications before delivery ,not later than #de days before permitting the delivery of any ,f-#ce aircraft to any country in the ,middle ,east other than ,israel1 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 certification1 together with a report providing a detailed justification therefor1 that-- 7#a7 the transfer of ,f-#ce aircraft will not compromise or undermine ,israel's qualitative military edge1 as defined in section #cf7b7 of the ,arms ,export ,control ,act2 7#b7 the ,united ,states has instituted technology security measures on the delivery1 operation1 storage1 and servicing of such aircraft sufficient to significantly reduce the danger of compromise of the military2 7#c7 such country has not1 since the ,letter of ,offer and ,acceptance 7or corresponding agreement or contract7 for such aircraft was concluded1 engaged in military1 paramilitary1 or intelligence operations inimical to the security of ,israel or to the foreign policy and national security interests of the ,united ,states1 including-- 7,a7 transferring any ,united ,states-origin equipment1 directly or indirectly1 to a ,united ,states-designated terrorist organization or to adversaries of ,israel or the ,united ,states2 7,b7 providing weapons1 directly or indirectly1 from any source country1 including ,china1 to armed militias fighting against partners and allies of the ,united ,states2 7,c7 conducting surveillance on any private ,united ,states citizen2 or 7,d7 committing1 or enabling the commission of1 a violation of international humanitarian law or internationally recognized human rights2 and 7#d7 the recipient country has not purchased or otherwise acquired foreign technology1 equipment1 or defense articles or services1 including from the ,russian ,federation or the ,people's ,republic of ,china1 that could be used to compromise the technology of such aircraft and put ,united ,states troops or military strategies at risk1 unless such technology is also subject to monitoring by ,united ,states personnel4 7c7 ,subsequent certifications ,the ,president shall1 not later than #ahj days after the date on which the first ,f-#ce combat aircraft transferred to a country in the ,middle ,east other than ,israel arrives in its territory1 and annually thereafter for #aj years1 certify to the appropriate committees of ,congress that-- 7#a7 the transfer of ,f-#ce aircraft to such country has not compromised or undermined ,israel's qualitative military edge1 as defined in section #cf7;h77#c7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7;h77#c772 7#b7 the ,united ,states continues to institute technology security measures on the delivery1 operation1 storage1 and servicing of such aircraft sufficient to significantly reduce the danger of compromise of the military technology of such aircraft2 7#c7 such country has not engaged in military1 paramilitary1 or intelligence operations inimical to the security of ,israel or to the foreign policy and national security interests of the ,united ,states within the prior year as outlined in subparagraphs 7,a7 through 7,c7 of subsection 7b77#c72 and 7#d7 such country has not committed1 or enabled the commission of1 a violation of international humanitarian law or internationally recognized human rights4 7d7 ,form ,the certifications and justifications submitted under this section shall be unclassified1 without redactions and public to the maximum extent possible1 but may also include a classified annex without redactions4 #e4 ,appropriate congressional committees defined ,in this ,act1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,house of ,representatives4