[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4017 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4017

To authorize the President to take actions to ensure Israel is prepared 
 for all contingencies if Iran seeks to develop a nuclear weapon after 
  expiration of certain provisions of the Joint Comprehensive Plan of 
                    Action, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2017

  Mr. Gottheimer (for himself and Mr. Mast) introduced the following 
      bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To authorize the President to take actions to ensure Israel is prepared 
 for all contingencies if Iran seeks to develop a nuclear weapon after 
  expiration of certain provisions of the Joint Comprehensive Plan of 
                    Action, 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 Common Defense 
Authorization Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There are numerous provisions in the Joint 
        Comprehensive Plan of Action that will expire over the next 
        decade, including the following:
                    (A) By 2025, limitations on the number of IR-1 
                cascade configurations, as well as restrictions on 
                Uranium testing with older centrifuge models IR-4, 5, 
                6, and 8, will be lifted.
                    (B) By 2026, the cap on 5,060 IR-1 centrifuges at 
                Iran's Natanz facility, as well as the prohibition on 
                replacing IR-1 centrifuges with more advanced models, 
                will expire.
                    (C) After 15 years, the ban on building heavy water 
                reactors and a reprocessing plant becomes 
                ``voluntary''.
            (2) Although Iran will remain subject to the restrictions 
        contained in the Additional Protocol to the Treaty on the Non-
        Proliferation of Nuclear Weapons, there are concerns that 
        Iran's breakout time could be accelerated as a result of the 
        expiration of several provisions of the Joint Comprehensive 
        Plan of Action.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the United States should--
            (1) seek to extend the provisions in the Joint 
        Comprehensive Plan of Action described in subparagraphs (A), 
        (B), and (C) of section 2(1), including through engagement in 
        multilateral diplomatic initiatives, without abrogating the 
        Joint Comprehensive Plan of Action;
            (2) ensure that Israel and other allies are prepared for 
        all contingencies should Iran pursue development of a nuclear 
        weapon after expiration of provisions in the Joint 
        Comprehensive Plan of Action described in subparagraphs (A), 
        (B), and (C) of paragraph (1); and
            (3) send a clear signal to Iran that development of a 
        nuclear weapon will never be tolerated.

SEC. 4. STUDY AND REPORT.

    (a) Study.--The President, acting through the Secretary of Defense, 
shall seek to conduct a study with the Government of Israel on the 
military requirements of Israel to defend itself against Iran's pursuit 
of a nuclear weapon, including the extent to which the transfer of 
United States ordnance to Israel, upon expiration of the provisions in 
the Joint Comprehensive Plan of Action described in subparagraphs (A), 
(B), and (C) of section 2(1), would advance the national interests of 
both countries.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to Congress a report 
that contains the results of the study required under subsection (a).
    (c) Form.--The report required by subsection (b) shall be submitted 
in unclassified form but may include a classified annex.

SEC. 5. ACTIONS TO ENSURE ISRAEL IS PREPARED FOR ALL CONTINGENCIES IF 
              IRAN SEEKS TO DEVELOP A NUCLEAR WEAPON AFTER EXPIRATION 
              OF CERTAIN PROVISIONS OF THE JOINT COMPREHENSIVE PLAN OF 
              ACTION.

    (a) In General.--Subject to the preliminary conditions described in 
subsection (b), the President is authorized to take the actions 
described in subsection (c), upon the request of the Government of 
Israel, to ensure Israel is prepared for all contingencies if Iran 
seeks to develop a nuclear weapon after expiration of provisions in the 
Joint Comprehensive Plan of Action described in subparagraphs (A), (B), 
and (C) of section 2(1).
    (b) Preliminary Conditions.--The President may exercise the 
authority of subsection (a) only if the President first determines and 
certifies to Congress that--
            (1) it is consistent with the results of the study and 
        report required under section 4 to do so; and
            (2) it is vital to the national security interests of the 
        United States to do so.
    (c) Actions Described.--The actions described in this subsection 
are the following:
            (1) To provide for the construction of infrastructure in 
        Israel to accommodate large ordnance systems that are designed 
        to destroy underground nuclear infrastructure, including--
                    (A) construction of extended runways for aircraft 
                that carry the Massive Ordnance Penetrator (MOP);
                    (B) basing options for such aircraft; and
                    (C) munition storage facilities.
            (2)(A) Not earlier than January 1, 2026, to store in the 
        territory of Israel the MOP or related munitions described in 
        paragraph (1), to be used by the United States except as 
        provided in subparagraph (B).
            (B) Not earlier than January 1, 2026, to transfer the MOP 
        or related munitions described in paragraph (1) to Israeli 
        custody if the President determines and certifies to Congress 
        that--
                    (i) Iran--
                            (I) is in noncompliance with the NPT 
                        Safeguards Agreement on or after January 1, 
                        2026;
                            (II) has withdrawn from provisional 
                        implementation of the Additional Protocol to 
                        the Joint Comprehensive Plan of Action;
                            (III) has modified its implementation of 
                        the NPT Safeguards Agreement (including 
                        modified Code 3.1); or
                            (IV) as determined by the President in 
                        consultation with the Director General of the 
                        International Atomic Energy Agency, has reduced 
                        access of inspectors of the Agency in such a 
                        manner so as to be prejudicial to the Agency's 
                        ability to provide confidence as to the non-
                        diversion of declared nuclear material and 
                        absence of undeclared nuclear activities;
                    (ii) it is vital to the national security of the 
                United States to do so;
                    (iii) Israel has no other means to achieve a mutual 
                national security objective of destroying Iran's 
                underground nuclear infrastructure or facilities; and
                    (iv) a dual key control system is in place 
                requiring approval by the President, acting through the 
                Secretary of Defense (which may not be further 
                delegated) for deployment of the MOP or related 
                munitions described in paragraph (1) prior to Israeli 
                deployment of such munitions.
            (3) To provide for training of Israeli personnel with 
        respect to the MOP or related munitions described in paragraph 
        (1).
            (4) To conduct joint research and development with Israel 
        to--
                    (A) enhance United States ordnance; and
                    (B) develop Israeli capability for ordnance to 
                destroy underground infrastructure, including Hezbollah 
                rocket storage and manufacturing facilities and 
                underground Iranian nuclear facilities.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to serve as an authorization 
for the use of military force against Iran.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Joint comprehensive plan of action.--The term ``Joint 
        Comprehensive Plan of Action'' means the Joint Comprehensive 
        Plan of Action, agreed to at Vienna July 14, 2015, by Iran and 
        by the People's Republic of China, France, Germany, the Russian 
        Federation, the United Kingdom and the United States, with the 
        High Representative of the European Union for Foreign Affairs 
        and Security Policy, and all implementing materials and 
        agreements related to the Joint Comprehensive Plan of Action, 
        and transmitted by the President to Congress on July 19, 2015, 
        pursuant to section 135(a) of the Atomic Energy Act of 1954, as 
        amended by the Iran Nuclear Agreement Review Act of 2015 
        (Public Law 114-17; 129 Stat. 201).
            (2) NPT safeguards agreement.--The term ``NPT Safeguards 
        Agreement'' means the Agreement between Iran and the 
        International Atomic Energy Agency for the Application of 
        Safeguards in Connection with the Treaty on the Non-
        Proliferation of Nuclear Weapons, which entered into force on 
        May 15, 1974.
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