S.Amdt. 4044

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.
______