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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3775 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 3775

   To establish a United States-Israel Operations-Technology Working 
                     Group, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2020

Mr. Peters (for himself and Mr. Cotton) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
   To establish a United States-Israel Operations-Technology Working 
                     Group, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Israel Military 
Capability Act of 2020''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States confronts an intense military 
        technology competition with the People's Republic of China and 
        the Russian Federation that may determine whether the United 
        States can effectively deter and defeat adversaries in the 
        future.
            (2) On July 11, 2019, Chairman of the Joint Chiefs of Staff 
        General Mark Milley said, ``China is improving their military 
        very, very rapidly in space, air, cyber, maritime, land 
        domains, et cetera.''. Noting the rapid technology development 
        by the People's Republic of China, General Milley warned that 
        the United States must ensure ``that we do not lose our 
        advantages that we have relative to other countries, 
        specifically relative to China.''.
            (3) The People's Republic of China and the Russian 
        Federation have already developed or fielded some capabilities 
        in areas such as hypersonics and artificial intelligence that 
        are superior to those of the United States.
            (4) A closer and more systematic early cooperative research 
        and development effort with select allies may help the United 
        States more quickly and inexpensively restore and sustain 
        military supremacy in critical military capabilities.
            (5) The innovative and agile defense technology sector of 
        Israel and the status of Israel as one of the closest and most 
        reliable allies of the United States make Israel an ideal 
        candidate for a more systematic and institutionalized 
        partnership with the United States focused on early cooperative 
        research and development.
            (6) The defense innovation sector of Israel is a global 
        leader in many of the technologies important to Department of 
        Defense modernization efforts.
            (7) Despite many laudable ongoing defense partnership 
        efforts between the United States and Israel, dangerous United 
        States military capability gaps continue to emerge that a more 
        systematic and institutionalized United States-Israel early 
        cooperative research and development program could have 
        prevented.
            (8) Such a program would allow the United States to benefit 
        from the innovation agility and sense of urgency of Israel, and 
        Israel would benefit from the economy of scale of the United 
        States. Such a program could be carefully designed to reduce 
        the time and cost associated with research and development, 
        assiduously avoiding anything that would slow down or constrain 
        the research and development of either country.
            (9) Belatedly acquiring already produced equipment or 
        weapons from Israel to fill a United States capability gap is 
        not a substitute for a systematic program that prevents the 
        capability gap from emerging in the first place.
            (10) On March 4, 2020, Secretary of Defense Mark Esper 
        said, ``We have a very good innovative base, [the Israelis] 
        have a very good innovative base. And I think the more we can 
        cooperate together as allies and partners to come up with 
        common solutions, the better.''. Secretary Esper continued, 
        ``so I think if there are ways to improve that, we should 
        pursue it.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States Government has a responsibility to 
        undertake all reasonable measures to ensure that members of the 
        Armed Forces never confront a more technologically advanced 
        foe; and
            (2) building on positive ongoing efforts, the United States 
        and Israel should further institutionalize and strengthen their 
        defense innovation partnership by establishing a United States-
        Israel Operations-Technology Working Group to identify and 
        expeditiously field capabilities that the military forces of 
        both countries need to deter and defeat respective adversaries.

SEC. 4. UNITED STATES-ISRAEL OPERATIONS-TECHNOLOGY WORKING GROUP.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense, with the concurrence 
of the Minister of Defense of Israel and in consultation with the 
Secretary of State and the Director of National Intelligence, shall 
establish a United States-Israel Operations-Technology Working Group 
(in this Act referred to as the ``Working Group'') for the following 
purposes:
            (1) To provide a standing forum for the United States and 
        Israel to systematically share intelligence-informed military 
        capability requirements.
            (2) To identify military capability requirements common to 
        both the Department of Defense and the Ministry of Defense of 
        Israel.
            (3) To assist defense suppliers in the United States and 
        Israel with efforts to expeditiously gain government approval 
        to conduct joint science, technology, research, development, 
        test, evaluation, and production efforts.
            (4) To develop, as feasible and advisable, combined United 
        States-Israel plans to research, develop, procure, and field 
        weapons systems and military capabilities as quickly and 
        economically as possible to meet common capability requirements 
        of the Department of Defense and the Ministry of Defense of 
        Israel.
    (b) Working Group Leadership.--
            (1) United states leadership.--With respect to the United 
        States, the Working Group shall be headed by the Under 
        Secretary of Defense for Research and Engineering and the 
        Director of the Joint Staff, with the active support of the 
        Director of the Bureau of Political Military Affairs of the 
        Department of State and the Director of National Intelligence.
            (2) Israel leadership.--The Secretary of Defense shall 
        invite the Government of Israel to designate the head of the 
        appropriate office or offices to head the Working Group with 
        respect to Israel.
    (c) Working Group Membership.--
            (1) United states membership.--The Secretary of Defense, 
        the Secretary of State, and the Director of National 
        Intelligence shall each designate one or more individuals to 
        serve as members of the Working Group.
                    (A) Mandatory united states members.--The 
                membership of the Working Group shall consist of, at a 
                minimum, representatives from--
                            (i) the Office of the Secretary of Defense;
                            (ii) the Joint Staff;
                            (iii) each of the military departments 
                        (including, as appropriate, subordinate 
                        entities such as Army Futures Command and 
                        research laboratories);
                            (iv) the defense agencies (including the 
                        Defense Advanced Research Projects Agency, the 
                        Defense Intelligence Agency, and the Defense 
                        Security Cooperation Agency);
                            (v) United States Central Command;
                            (vi) United States European Command;
                            (vii) United States Indo-Pacific Command;
                            (viii) the Department of State; and
                            (ix) the intelligence community.
                    (B) Rule of construction.--Nothing in this 
                paragraph shall be construed as limiting the ability of 
                the Secretary of Defense, the Secretary of State, or 
                the Director of National Intelligence to add members to 
                the Working Group as considered appropriate.
            (2) Israel membership.--The Secretary of Defense, the 
        Secretary of State, and the Director of National Intelligence 
        shall invite their counterparts in the Government of Israel to 
        designate individuals from the Government of Israel to serve as 
        members of the Working Group.
            (3) Representation of defense industry.--
                    (A) In general.--The Working Group may incorporate 
                recommendations from the defense industries of the 
                United States and Israel with respect to combined 
                science and technology efforts and combined research, 
                development, test, and evaluation efforts.
                    (B) Inclusion in working group.--The membership of 
                the Working Group may include, as appropriate, members 
                of the defense industries of the United States and 
                Israel.
    (d) Existing Efforts.--
            (1) In general.--The Secretary of Defense, the Secretary of 
        State, and the Director of National Intelligence shall jointly 
        determine the most efficient and effective means to integrate 
        the Working Group into existing United States science and 
        technology efforts and research, development, test, and 
        evaluation efforts with Israel.
            (2) Rule of construction.--Nothing in this Act shall be 
        construed as requiring the termination of any existing United 
        States defense activity, group, program, or partnership with 
        Israel.
    (e) Memorandum of Understanding.--
            (1) In general.--The Secretary of Defense shall, with the 
        concurrence of the Minister of Defense of Israel, establish a 
        memorandum of understanding between the United States and 
        Israel establishing the United States-Israel Operations 
        Technology Working Group.
            (2) Matters to be included.--The memorandum of 
        understanding under paragraph (1) shall set forth--
                    (A) the purposes of the Working Group, consistent 
                with subsection (a);
                    (B) the membership of the Working Group, consistent 
                with subsection (c); and
                    (C) any other matter considered appropriate.
    (f) Reports.--
            (1) Initial report.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Secretary of 
                Defense, in coordination with the Secretary of State 
                and the Director of National Intelligence, shall submit 
                to the appropriate committees of Congress an initial 
                report on the Working Group.
                    (B) Elements.--The report required by subparagraph 
                (A) shall include the following:
                            (i) The finalized memorandum of 
                        understanding under subsection (e).
                            (ii) The name of each individual of the 
                        Government of the United States and of the 
                        Government of Israel designated to lead the 
                        Working Group.
                            (iii) The name of each member of the 
                        Working Group designated under paragraph (1) or 
                        (2) of subsection (c).
                            (iv) A description of the manner in which 
                        the Working Group is anticipated to complement 
                        and augment existing science and technology 
                        efforts and research, development, test, and 
                        evaluation efforts with Israel.
                            (v) A schedule for Working Group meetings.
                            (vi) A description of key metrics and 
                        milestones for the Working Group.
                            (vii) A description of any authority or 
                        authorization of appropriations required for 
                        the Working Group to carry out the purposes 
                        described in subsection (a).
                    (C) Form.--The report required by subparagraph (A) 
                shall be submitted in unclassified form, but may 
                include a classified annex.
            (2) Annual report.--
                    (A) In general.--Not later than March 15 of each 
                year following the submittal of the report required by 
                paragraph (1), the Secretary of Defense, in 
                coordination with the Secretary of State and the 
                Director of National Intelligence, shall submit to the 
                appropriate committees of Congress a report on the 
                activities of the Working Group during the preceding 
                calendar year.
                    (B) Elements.--The report required by subparagraph 
                (A) shall include the following:
                            (i) A summary of the performance of the 
                        Working Group relative to--
                                    (I) with respect to the first 
                                annual report under this paragraph, the 
                                metrics and milestones described in the 
                                initial report in accordance with in 
                                paragraph (1)(B)(vi); or
                                    (II) with respect to each 
                                subsequent annual report under this 
                                paragraph, the metrics and milestones 
                                described in the preceding annual 
                                report under clause (viii).
                            (ii) A description of military capabilities 
                        needed by both the United States and Israel.
                            (iii) A description of any United States, 
                        or any United States-Israel, science and 
                        technology efforts, or research, development, 
                        test, and evaluation efforts, associated with 
                        the military capabilities described under 
                        clause (ii) carried out during the reporting 
                        period.
                            (iv) A description of any obstacle or 
                        challenge associated with an effort described 
                        in clause (iii) and the plan of the Working 
                        Group to address such obstacle or challenge.
                            (v) A description of any request to the 
                        Working Group made by a United States or Israel 
                        defense supplier for combined science and 
                        technology efforts or combined research, 
                        development, test, and evaluation efforts, 
                        including--
                                    (I) the date on which the request 
                                was received;
                                    (II) the efforts made by the 
                                Working Group to expeditiously address 
                                the request; and
                                    (III) the status of any decision 
                                associated with the request.
                            (vi) A description of the efforts of the 
                        Working Group to prevent the People's Republic 
                        of China or the Russian Federation from 
                        obtaining intellectual property or military 
                        technology associated with combined United 
                        States and Israel science and technology 
                        efforts and research, development, test, and 
                        evaluation efforts.
                            (vii) A description of any science and 
                        technology effort, or research, development, 
                        test, or evaluation effort, facilitated by the 
                        Working Group, including efforts that result in 
                        a United States or Israel program of record.
                            (viii) A description of metrics and 
                        milestones for the Working Group for the 
                        following calendar year.
                    (C) Form.--The report required by subparagraph (A) 
                shall be submitted in unclassified form and shall 
                include a classified annex in which the elements 
                required under clauses (ii) and (vi) of subparagraph 
                (B) shall be addressed.
            (3) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Permanent Select Committee 
                on Intelligence of the House of Representatives.
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