[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9206 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 9206

To authorize the President to take actions to ensure Israel is prepared 
 for all contingencies if Iran seeks to develop a nuclear weapon, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2024

  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, 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 ``Bunker Buster Act of 2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States Nuclear Regulatory Commission defines 
        ``high-enriched uranium'' as uranium enriched to at least 20 
        percent uranium-235.
            (2) Under the 2015 Joint Comprehensive Plan of Action, Iran 
        agreed to refrain from producing enriched uranium containing 
        more than 3.67 percent uranium-235 for 15 years.
            (3) On January 13, 2019, the head of the Atomic Energy 
        Organization of Iran, Dr. Ali Akbar Salehi, told the Fars News 
        Agency, ``If we want to come out of the nuclear deal and 
        produce, within four days we could start our 20 percent.''.
            (4) On April 16, 2021, Dr. Salehi told the state television 
        that Iran had begun enriching uranium to 60 percent.
            (5) On July 14, 2021, the former President of Iran, 
        President Hassan Rouhani, said during a press conference that 
        Iran has the knowledge and ability to enrich weapons-grade 
        uranium at 90 percent.
            (6) According to an International Atomic Energy Agency 
        (IAEA) report, as of May 11, 2024, Iran has 142.1 kilograms 
        (313.2 pounds) of uranium enriched up to 60 percent, an 
        increase of 20.6 kilograms (45.4 pounds) since the last report 
        by the United Nations watchdog in February. Uranium enriched at 
        60 percent purity is just a short, technical step away from 
        weapons-grade levels of 90 percent. Iran's overall stockpile of 
        enriched uranium stands at 6,201.3 kilograms (1,3671.5 pounds), 
        which represents an increase of 675.8 kilograms (1,489.8 
        pounds) since the IAEA's previous report.
            (7) The current stockpile is enough to make several nuclear 
        bombs according to the criteria the IAEA uses to make such 
        determinations.
            (8) Reports indicate the Iran may be constructing new 
        facilities to help expand its nuclear program
            (9) In June 2024, the IAEA elected to censure Iran for its 
        violation of international responsibilities under its nuclear 
        agreement and demanded its cooperation, including the 
        readmittance of inspectors and the restoration of camera 
        surveillance at nuclear sites.
            (10) In June the IAEA announced Iran is installing 1,400 
        new advanced centrifuges at its Fordow facility.
            (11) Since October 7, 2023, Israel has been at war with 
        Hamas in the Gaza strip, which has used Iranian funding and 
        direction to target the Jewish state.
            (12) Hamas continues to hide within civilian 
        infrastructure, fire rockets at humanitarian crossings, and 
        steal international aid and resources that are only further 
        hurting the Palestinian civilians. Hamas has built tunnels 
        under United Nations Relief and Works Agency for Palestine 
        Refugees in the Near East (UNRWA) buildings, including a large 
        data center under UNRWA's Gaza base, and stores weapons in 
        UNRWA schools.
            (13) As of June 2024, Ansarullah, or otherwise known as the 
        Houthis, have launched at least 60 attacks at ships. They have 
        seized 1 vessel, killed 4 sailors, and sunk 2 ships since 
        November 2023. The Houthis have also launched drones, missiles, 
        and mortars toward Israel and at United States and its allies. 
        The Houthis operate with Iranian funds.
            (14) Since October 7, 2023, Hezbollah has launched over 
        5,000 rockets, missiles, and drones at Israel. Iran has, 
        provided Hezbollah with more than 100,000 missiles and rockets.
            (15) Iran is expanding its missile capacity and 
        weaponization program to further assist their proxies across 
        the region.

SEC. 3. SENSE OF CONGRESS.

     It is the sense of Congress that the United States should--
            (1) seek to extend the limitations on Iran's enriched 
        uranium, including through engagement in multilateral 
        diplomatic initiatives;
            (2) ensure that Israel and other allies are prepared for 
        all contingencies if Iran pursues development of a nuclear 
        weapon;
            (3) send a clear signal to Iran that development of a 
        nuclear weapon will never be tolerated; and
            (4) reaffirm the United States commitment to deter Iranian 
        nuclear development with a credible military threat.

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 Israeli 
military requirements to defend itself against a wide range of threats 
to Israel's qualitative military edge (as such term is defined in 
section 36(h)(3) of the Arms Export Control Act (22 U.S.C. 2776(h)(3))) 
and national security, including an Iranian nuclear weapon. Such study 
shall include an analysis of gaps in Israel's security requirements, 
including infrastructure, munitions, intelligence sharing, satellites, 
and the extent to which the transfer of United States ordnance to 
Israel 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 transmit to Congress a 
report that contains the results of the study described in subsection 
(a).
    (c) Form.--The report referred to in 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.

    (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.
    (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) 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) 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;
                            (II) has modified its implementation of the 
                        NPT Safeguards Agreement (including modified 
                        Code 3.1); or
                            (III) as determined by the President, has 
                        reduced access of inspectors of the IAEA in 
                        such a manner so as to be prejudicial to the 
                        IAEA'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.
    (d) NPT Safeguards Agreement Defined.--In this section, 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.

SEC. 6. RULE OF CONSTRUCTION.

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