[Congressional Record Volume 161, Number 93 (Thursday, June 11, 2015)]
[Senate]
[Pages S4113-S4114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2011. Ms. AYOTTE (for herself, Mr. Peters, Mr. Rubio, Mr. 
Blumenthal, Mr. Graham, Mrs. Gillibrand, Mr. Wicker, Mr. Nelson, Mrs. 
Fischer, Mr. Inhofe, Mr. Roberts, Mr. Boozman, Mr. Blunt, Mr. Rounds, 
Mr. Hatch, and Mr. Kirk) submitted an amendment intended to be proposed 
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 1272 and insert the following:

     SEC. 1272. UNITED STATES-ISRAEL ANTI-TUNNEL COOPERATION.

       (a) Findings.--Congress makes the following findings:
       (1) Tunnels can be used for criminal purposes, such as 
     smuggling drugs, weapons, or humans, or for terrorist or 
     military purposes, such as launching surprise attacks or 
     detonating explosives underneath civilian or military 
     infrastructure.
       (2) Tunnels have been a growing threat on the southern 
     border of the United States for years.
       (3) In the conflict in Gaza in 2014, terrorists used 
     tunnels to conduct attacks against Israel.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the national security interests of the United 
     States to develop technology to detect and counter tunnels, 
     and the best way to do this is to partner with other affected 
     countries;
       (2) the Administration should, on a joint basis with 
     Israel, carry out research, development, test, and evaluation 
     of anti-tunnel capabilities to detect, map, and neutralize 
     underground tunnels that threaten the United States or 
     Israel; and
       (3) the Administration should use developed anti-tunnel 
     capabilities to better protect the United States and deployed 
     United States military personnel.
       (c) Authority To Establish Anti-tunnel Capabilities Program 
     With Israel.--
       (1) In general.--The Secretary of Defense, upon request of 
     the Ministry of Defense of Israel and in consultation with 
     the Secretary of State and the Director of National 
     Intelligence, is authorized to carry out research, 
     development, test, and evaluation, on a joint

[[Page S4114]]

     basis with Israel, to establish anti-tunnel capabilities to 
     detect, map, and neutralize underground tunnels that threaten 
     the United States or Israel. Such authority includes 
     authority to construct facilities and install equipment 
     necessary to carry out research, development, test, and 
     evaluation so authorized. Any activities carried out pursuant 
     to such authority shall be conducted in a manner that 
     appropriately protects sensitive information and United 
     States and Israel national security interests.
       (2) Report.--The activities described in paragraph (1) and 
     subsection (d) may be carried out after the Secretary of 
     Defense submits to the appropriate committees of Congress a 
     report setting forth the following:
       (A) A memorandum of agreement between the United States and 
     Israel regarding sharing of research and development costs 
     for the capabilities described in paragraph (1), and any 
     supporting documents.
       (B) A certification that the memorandum of agreement--
       (i) requires sharing of costs of projects, including in-
     kind support, between the United States and Israel;
       (ii) establishes a framework to negotiate the rights to any 
     intellectual property developed under the memorandum of 
     agreement; and
       (iii) requires the United States Government to receive 
     quarterly reports on expenditure of funds, if any, by the 
     Government of Israel, including a description of what the 
     funds have been used for, when funds were expended, and an 
     identification of entities that expended the funds.
       (d) Assistance in Connection With Program.--
       (1) In general.--The Secretary of Defense is authorized to 
     provide procurement, maintenance, and sustainment assistance 
     to Israel in support of the anti-tunnel capabilities 
     research, development, test, and evaluation activities 
     authorized in subsection (c)(1).
       (2) Report.--Assistance may not be provided under paragraph 
     (1) until 15 days after the Secretary submits to the 
     appropriate committees of Congress a report setting forth a 
     detailed description of the assistance to be provided.
       (3) Matching contribution.--Assistance may not be provided 
     under this subsection unless the Government of Israel 
     contributes an amount not less than the amount of assistance 
     to be so provided to the program, project, or activity for 
     which the assistance is to be so provided.
       (e) Quarterly Reports.--The Secretary of Defense shall 
     submit to the appropriate committees of Congress on a 
     quarterly basis a report that contains a copy of the most 
     recent quarterly report provided by the Government of Israel 
     to the Department of Defense pursuant to subsection 
     (c)(2)(B)(iii).
       (f) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Homeland Security, and 
     the Committee on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Homeland Security, and the 
     Committee on Appropriations of the House of Representatives.
       (g) Sunset.--The authority in this section to carry out 
     activities described in subsection (c), and to provide 
     assistance described in subsection (d), shall expire on the 
     date that is three years after the date of the enactment of 
     this Act.
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