Sec. 1272. United States-Israel anti-tunnel cooperation
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/bill/114/hr/1735/pap/section-1272·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress makes the following findings: 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. Tunnels have been a growing threat on the southern border of the United States for years. In the conflict in Gaza in 2014, terrorists used tunnels to conduct attacks against Israel. It is the sense of Congress that— 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; 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 the Administration should use developed anti-tunnel capabilities to better protect the United States and deployed United States military personnel.
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 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. 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 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. A certification that the memorandum of agreement— requires sharing of costs of projects, including in-kind support, between the United States and Israel; establishes a framework to negotiate the rights to any intellectual property developed under the memorandum of agreement; and 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. 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). 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. 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. 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). In this section, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security, and the Committee on Appropriations of the Senate; and 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. 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.