Sec. 1267. United States-Israel anti-tunnel defense cooperation
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Congress finds the following: Tunnels have been used for centuries around the world as a means of avoiding detection or circumventing defenses. 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 infrastructure. Tunnels have been a growing threat on the southern border of the United States for more than 11 years, and the Department of Homeland Security has been working to address this threat.
The conflict in Gaza in 2014 showed that terrorists are now actively using tunnels as a means of attack, and news reports indicate that tunnels are being used in Syria as well. Terrorist organizations are quick to adopt successful tactics, and it is only a matter of time before other terrorist organizations begin using tunnels. The facilities of the United States, and those of the allies of the United States, could be under threat very quickly if tunnel threats continue to proliferate.
Hamas, Hezbollah, and the Palestinian Islamic Jihad are United States-designated terrorist organizations. Designated Palestinian terrorist organizations have killed hundreds of Israelis and dozens of Americans in rocket attacks and suicide bombings. Hamas has used underground tunnels to Israel and Egypt to smuggle weapons, money, and supplies into Gaza and to send members of Hamas out of Gaza for training and to bring trainers in to Gaza to teach Hamas how to manufacture rockets and build better tunnels.
Tunnels in Gaza have also been used as underground rocket launching sites, weapons caches, bunkers, transportation networks and command and control centers. In 2006, Hamas kidnapped Israeli soldier Gilad Shalit through a tunnel and held him for five years. The Israel Defense Forces discovered 32 tunnels during the conflict with Hamas in the summer of 2014, 14 of which crossed into Israel. Hamas intentionally uses civilians as human shields by placing its underground tunnel network in densely populated areas and schools, hospitals, and mosques.
Hamas’s placement of explosive material in its vast network of tunnels in Gaza has caused civilian casualties through secondary and tertiary explosions. While the unemployment rate in Gaza is at 38 percent, it is estimated that Hamas spends $3,000,000 per tunnel. United Nations Secretary-General Ban Ki-moon said he was shocked by the tunnels used for the infiltration of terrorists . Hamas has claimed to be rebuilding tunnels in Gaza after the war with Israel in the summer of 2014.
Hezbollah has used underground tunnels in southern Lebanon to move Hezbollah fighters and to launch attacks. The Palestinian Islamic Jihad claims to be digging new tunnels on the Gaza border. Israel has a right to defend itself from the violence of Palestinian terrorist groups, including the violence that is facilitated through terrorist tunnel networks. The United States is working cooperatively with the Government of Israel to develop technologies to detect and neutralize tunnels penetrating the territory of Israel.
It is the sense of Congress that— it is in the best 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; and Israel is facing serious threats posed by tunnels and should be the first partner of the United States in addressing this significant challenge. The President, upon request of the Government of Israel, is authorized to carry out research, development, and test activities on a joint basis with Israel to establish an anti-tunneling defense system to detect, map, and neutralize underground tunnels into and directed at the territory of Israel.
None of the funds authorized to be appropriated to carry out this section may be obligated or expended to carry out subsection
(a)until the President certifies to Congress the following: The President has finalized a memorandum of understanding or other formal agreement between the United States and Israel regarding sharing of research and development costs for the system described in paragraph (1). The understanding or agreement— requires sharing of costs of projects, including the cost of claims and in-kind support, between the United States and Israel on an equitable basis unless the President determines, on a case-by-case basis, the Government of Israel is unable to contribute on an equitable basis; requires the designation of payment of non-recurring engineering costs in connection with the establishment of a capacity for co-production in the United States; establishes a framework to negotiate the rights to any intellectual property developed under the cooperative research and development projects; and requires the United States Government to receive quarterly reports on expenditure of funds 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. The President, upon request of the Government of Israel, is authorized to provide assistance to Israel for the procurement, maintenance, and sustainment of an anti-tunneling system described in paragraph (1). In addition to the memorandum of understanding or other formal agreement described in subsection (b), the President is authorized to seek to enter into a similar memorandum of understanding or other formal agreement with any other ally of the United States upon request of the government of such ally. The Secretary of Defense, with the concurrence of the Secretary of State, shall designate a military department or other element of the Department of Defense to carry out subsections
(b)and
(c)as the lead agency of the Federal Government for developing technology to detect and counter tunnels. The President shall submit to Congress a report that contains a copy of the memorandum of understanding or other formal agreement between the United States and Israel as described in subsection (b)(2)(A) or similar agreement described in subsection (c). The President shall submit to Congress a quarterly 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 (b)(2)(B)(iv). Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the following: Instances of tunnels being used to attack installations of the United States or allies of the United States. Trends or developments in tunnel attacks throughout the world. Key technologies used and challenges faced by potential adversaries of the United States with respect to using tunnels. The capabilities of the Department of Defense for defending fixed or forward locations from tunnel attacks. Partnerships entered into with allies of the United States under this section, and potential opportunities for increased partnerships with other allies with respect to researching tunnel detection technologies and the opportunities for co-development or co-production. The plans, including with respect to funding, of the Secretary for countering threats posed by tunnels.