To provide for cooperation between the United States and Israel on anti-tunnel capabilities.

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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