I 

116TH CONGRESS 

2D SESSION H. R. 8733 

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 

NOVEMBER 9, 2020 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States-Israel 

5 Common Defense Authorization Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The United States Nuclear Regulatory 

9 Commission defines ‘‘high-enriched uranium’’ as 


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1 uranium enriched to at least 20 percent uranium2 235. 

3 (2) Under the Joint Comprehensive Plan of Ac4 tion, Iran agreed to refrain from producing enriched 

5 uranium containing more than 3.67 percent ura6 nium-235 for 15 years. 

7 (3) On January 13, 2019, Ali Akbar Salehi, 

8 head of the Atomic Energy Organization of Iran, 

9 told the Fars News Agency, ‘‘If we want to come out 

10 of the nuclear deal and produce, within four days we 

11 could start our 20 percent.’’. 

12 (4) On June 17, 2019, the spokesman for 

13 Iran’s Atomic Energy Organization, Behrouz 

14 Kamalvandi, suggested that Iran’s enrichment could 

15 reach up to 20 percent. 

16 SEC. 3. SENSE OF CONGRESS. 

17 It is the sense of Congress that the United States 

18 should— 

19 (1) seek to extend the limitations on Iran’s en20 riched uranium, including through engagement in 

21 multilateral diplomatic initiatives; 

22 (2) ensure that Israel and other allies are pre23 pared for all contingencies if Iran pursues develop24 ment of a nuclear weapon; 


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1 (3) send a clear signal to Iran that development 

2 of a nuclear weapon will never be tolerated; and 

3 (4) reaffirm the United States commitment to 

4 deter Iranian nuclear development with a credible 

5 military threat. 

6 SEC. 4. STUDY AND REPORT. 

7 (a) STUDY.—The President, acting through the Sec8 retary of Defense, shall seek to conduct a study with the 

9 Government of Israel on Israeli military requirements to 

10 defend itself against a wide range of threats to Israel’s 

11 qualitative military edge (as such term is defined in sec12 tion 36(h)(3) of the Arms Export Control Act (22 U.S.C. 

13 2776(h)(3))) and national security, including an Iranian 

14 nuclear weapon. Such study shall include an analysis of 

15 gaps in Israel’s security requirements, including infra16 structure, munitions, intelligence sharing, satellites, and 

17 the extent to which the transfer of United States ordnance 

18 to Israel would advance the national interests of both 

19 countries. 

20 (b) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the President shall transmit 

22 to Congress a report that contains the results of the study 

23 described in subsection (a). 


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1 (c) FORM.—The report referred to in subsection (b) 

2 shall be submitted in unclassified form but may include 

3 a classified annex. 

4 SEC. 5. ACTIONS TO ENSURE ISRAEL IS PREPARED FOR 

5 ALL CONTINGENCIES IF IRAN SEEKS TO DE6 VELOP A NUCLEAR WEAPON. 

7 (a) IN GENERAL.—Subject to the preliminary condi8 tions described in subsection (b), the President is author9 ized to take the actions described in subsection (c), upon 

10 the request of the Government of Israel, to ensure Israel 

11 is prepared for all contingencies if Iran seeks to develop 

12 a nuclear weapon. 

13 (b) PRELIMINARY CONDITIONS.—The President may 

14 exercise the authority of subsection (a) only if the Presi15 dent first determines and certifies to Congress that— 

16 (1) it is consistent with the results of the study 

17 and report required under section 4 to do so; and 

18 (2) it is vital to the national security interests 

19 of the United States to do so. 

20 (c) ACTIONS DESCRIBED.—The actions described in 

21 this subsection are the following: 

22 (1) To provide for the construction of infra23 structure in Israel to accommodate large ordnance 

24 systems that are designed to destroy underground 

25 nuclear infrastructure, including— 


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1 (A) construction of extended runways for 

2 aircraft that carry the Massive Ordnance Pene3 trator (MOP); 

4 (B) basing options for such aircraft; and 

5 (C) munition storage facilities. 

6 (2)(A) To store in the territory of Israel the 

7 MOP or related munitions described in paragraph 

8 (1), to be used by the United States except as pro9 vided in subparagraph (B). 

10 (B) To transfer the MOP or related munitions 

11 described in paragraph (1) to Israeli custody if the 

12 President determines and certifies to Congress 

13 that— 

14 (i) Iran— 

15 (I) is in noncompliance with the NPT 

16 Safeguards Agreement; 

17 (II) has modified its implementation 

18 of the NPT Safeguards Agreement (includ19 ing modified Code 3.1); or 

20 (III) as determined by the President, 

21 has reduced access of inspectors of the 

22 Agency in such a manner so as to be prej23 udicial to the Agency’s ability to provide 

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1 clared nuclear material and absence of 

2 undeclared nuclear activities; 

3 (ii) it is vital to the national security of the 

4 United States to do so; 

5 (iii) Israel has no other means to achieve 

6 a mutual national security objective of destroy7 ing Iran’s underground nuclear infrastructure 

8 or facilities; and 

9 (iv) a dual key control system is in place 

10 requiring approval by the President, acting 

11 through the Secretary of Defense (which may 

12 not be further delegated) for deployment of the 

13 MOP or related munitions described in para14 graph (1) prior to Israeli deployment of such 

15 munitions. 

16 (3) To provide for training of Israeli personnel 

17 with respect to the MOP or related munitions de18 scribed in paragraph (1). 

19 (4) To conduct joint research and development 

20 with Israel to— 

21 (A) enhance United States ordnance; and 

22 (B) develop Israeli capability for ordnance 

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1 turing facilities and underground Iranian nu2 clear facilities. 

3 (d) NPT SAFEGUARDS AGREEMENT DEFINED.—In 

4 this section, the term ‘‘NPT Safeguards Agreement’’ 

5 means the Agreement between Iran and the International 

6 Atomic Energy Agency for the Application of Safeguards 

7 in Connection with the Treaty on the Non-Proliferation 

8 of Nuclear Weapons, which entered into force on May 15, 

9 1974. 

10 SEC. 6. RULE OF CONSTRUCTION. 

11 Nothing in this Act may be construed to serve as an 

12 authorization for the use of military force against Iran. 

Æ 


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