[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4044. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. UNITED STATES-ISRAEL DIRECTED ENERGY CAPABILITIES 
                   COOPERATION.

       (a) Authority.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary of Defense, upon request by the Minister of Defense 
     of Israel and with the concurrence of the Secretary of State, 
     is authorized to carry out research, development, test, and 
     evaluation activities on a joint basis with Israel to 
     establish directed energy capabilities that address threats 
     to the United States, deployed forces of the United States, 
     or Israel.
       (2) Protection of sensitive information and national 
     security interests.--Any activity carried out under paragraph 
     (1) shall be conducted in a manner that appropriately 
     protects sensitive information, the national security 
     interests of the United States, and the national security 
     interests of Israel.
       (3) Report.--The activities described in paragraph (1) may 
     be carried out [only] after the date on which 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 the sharing of research and development 
     costs for the capabilities described in paragraph (1), and 
     any supporting documents.
       (B) A certification that such memorandum of agreement--
       (i) requires the 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 
     semiannual reports on the expenditure of funds, if any, by 
     the Government of Israel, including a description of the use 
     of such funds, the dates on which such funds were expended, 
     and an identification of entities that expended such funds.
       (b) Support for Activities.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary of Defense is authorized to provide maintenance and 
     sustainment support to Israel for the activities authorized 
     under subsection (a)(1), including support for the 
     installation of equipment necessary to carry out such 
     activities.
       (2) Report.--The support described in paragraph (1) may not 
     be provided until 15 days after the date on which the 
     Secretary of Defense submits to the appropriate committees of 
     Congress a report setting forth a detailed description of the 
     support to be provided.
       (3) Matching contribution.--The support described in 
     paragraph (1) may not be provided unless the Secretary of 
     Defense certifies to the appropriate committees of Congress 
     that the Government of Israel will contribute to such 
     support--
       (A) an amount equal to not less than the amount of support 
     to be so provided; or
       (B) an amount that otherwise meets the best efforts of 
     Israel, as mutually agreed to by the United States and 
     Israel.
       (c) Lead Agency.--The Secretary of Defense shall designate 
     an appropriate research and development entity of a military 
     department as the lead agency of the Department of Defense in 
     carrying out this section.
       (d) Annual Report.--Not less frequently than annually, the 
     Secretary of Defense shall submit to the appropriate 
     committees of Congress a report that contains a copy of the 
     [two] most recent semiannual reports provided by the 
     Government of Israel to the Department of Defense pursuant to 
     subsection (a)(3)(B)(iii).
       (e) 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 
     Governmental Affairs, the Committee on Appropriations, and 
     the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Homeland Security, the 
     Committee on Appropriations, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
                                 ______