H.R. 4485 (112th): Credible Military Option to Counter Iran Act

112th Congress, 2011–2013. Text as of Apr 24, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 4485

IN THE HOUSE OF REPRESENTATIVES

April 24, 2012

introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To further the preparedness of the United States Armed Forces, in cooperation with regional allies, to prevent the Government of Iran from obtaining a nuclear weapon, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Credible Military Option to Counter Iran Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Declaration of policy.

Sec. 3. United States military preparedness in the Middle East.

Sec. 4. United States military capabilities in the Central Command Area of Responsibility.

Sec. 5. Enhancing the defense of Israel and United States interests in the Middle East.

Sec. 6. Plan to enhance military capabilities of Persian Gulf allies.

Sec. 7. Plan to increase strategic regional partnerships.

Sec. 8. Definitions.

2.

Declaration of policy

(a)

Findings

Congress makes the following findings:

(1)

Iran, which has long sought to foment instability and promote extremism in the Middle East, is now seeking to exploit the dramatic political transition underway in the region to undermine governments traditionally aligned with the United States and support extremist political movements in these countries.

(2)

At the same time, Iran may soon attain a nuclear weapons capability, a development that would fundamentally threaten vital United States interests, destabilize the region, encourage regional nuclear proliferation, further empower and embolden Iran, the world’s leading state sponsor of terrorism, and provide it the tools to threaten its neighbors, including Israel.

(3)

With the assistance of Iran over the past several years, Syria, Hezbollah, and Hamas have increased their stockpiles of rockets, with more than 60,000 rockets now ready to be fired at Israel. Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran’s neighbors, Israel, and United States Armed Forces in the region.

(4)

Preventing Iran from achieving nuclear weapons capability is among the most urgent national security challenges facing the United States.

(5)

Successive United States administrations have stated that a nuclear weapons-possessing Iran is unacceptable.

(6)

President Obama stated on January 24, 2012, Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal..

(7)

In order to prevent Iran from developing nuclear weapons, the United States, in cooperation with its allies, must utilize all elements of national power including diplomacy, robust economic sanctions, and credible, visible preparations for a military option.

(8)

Nevertheless, to date, diplomatic overtures, sanctions, and other non-kinetic actions toward Iran have not caused the Government of Iran to abandon its nuclear weapons program.

(9)

With the impact of additional sanctions uncertain, additional pressure on the Government of Iran could come from the credible threat of military action against Iran’s nuclear program.

(b)

Declaration of policy

It shall be the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran’s neighbors with a nuclear weapon.

3.

United States military preparedness in the Middle East

(a)

Sense of congress

It is the sense of Congress that—

(1)

military exercises conducted in the Persian Gulf and Gulf of Oman emphasize the United States resolve and the policy of the United States described in section 2(b) by enhancing the readiness of the United States military and allied forces, as well as signaling to the Government of Iran the commitment of the United States to defend its vital national security interests; and

(2)

the President, as Commander in Chief, should require the United States military to develop a comprehensive plan to augment the presence of the United States Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other visible, concrete military readiness activities to underscore the policy of the United States described in section 2(b).

(b)

Plan

(1)

In general

The Secretary of Defense shall prepare a plan to augment the presence of the United States Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other visible, concrete military readiness activities to underscore the policy of the United States described in section 2(b).

(2)

Matters to be included

The plan required under paragraph (1) shall include, at a minimum, steps necessary to support the policy of the United States described in section 2(b), including—

(A)

pre-positioning sufficient supplies of aircraft, munitions, fuel, and other materials for both air- and sea-based missions at key forward locations in the Middle East and Indian Ocean;

(B)

maintaining sufficient naval assets in the region necessary to signal United States resolve and to bolster United States capabilities to launch a sustained sea and air campaign against a range of Iranian nuclear and military targets, to protect seaborne shipping, and to deny Iranian retaliation against United States interests in the region;

(C)

discussing the viability of deploying at least two United States aircraft carriers, an additional large deck amphibious ship, and a Mine Countermeasures Squadron in the region on a continual basis, in support of the actions described in subparagraph (B); and

(D)

conducting naval fleet exercises similar to the United States Fifth Fleet’s major exercise in the region in March 2007 to demonstrate ability to keep the Strait of Hormuz open and to counter the use of anti-ship missiles and swarming high-speed boats.

(3)

Submission to Congress

The plan required under paragraph (1) shall be submitted to the congressional defense committees not later than 120 days after the date of enactment of this Act.

4.

United States military capabilities in the Central Command Area of Responsibility

(a)

Authorization of appropriations for fiscal year 2012

In order to enhance United States military capabilities in the Central Command Area of Responsibility, funds are hereby authorized to be appropriated for fiscal year 2012 as follows:

(1)

$80,000,000 for Other Procurement, Navy to be available for MK 38 Mod 2 machine gun system for Coastal Patrol Craft.

(2)

$44,600,000 for Weapons Procurement, Navy to be available for—

(A)

Griffin missile for Coastal Patrol Craft; and

(B)

Spike shoulder-fired electro-optic weapon.

(3)

$72,481,000 for Research, Development, Test and Evaluation, Navy to be available for—

(A)

Program Element 0205601N for digital rocket launchers;

(B)

Beyond line of sight command and control architecture; and

(C)

MAGIC VIEW.

(4)

$134,552,000 for Research, Development, Test and Evaluation, Air Force to be available for Hard and Deeply Buried Target Defeat System Program, Program Element 0604327F.

(5)

$7,000,000 for Research, Development, Test and Evaluation, Defense-Wide to be available for—

(A)

Indications and Warning; and

(B)

Systems Performance.

(6)

$14,000,000 for Operation and Maintenance, Navy to be available for Scan Eagle.

(7)

$2,000,000 for Operation and Maintenance, Air Force to be available for tactics development and evaluation.

(b)

Authorization of appropriations for fiscal year 2013

In order to enhance United States military capabilities in the Central Command Area of Responsibility, funds are hereby authorized to be appropriated for fiscal year 2013 as follows:

(1)

$22,654,000 for Other Procurement, Navy to be available for—

(A)

Underwater Explosive Ordnance Disposal Programs;

(B)

Naval Military Intelligence Program Support Equipment; and

(C)

MK 38 Mod 2 machine gun system for Coastal Patrol Craft.

(2)

$31,000,000 for Weapons Procurement, Navy to be available for—

(A)

Griffin missile for Coastal Patrol Craft; and

(B)

Spike shoulder-fired electro-optic weapon.

(3)

$72,481,000 for Research, Development, Test and Evaluation, Army to be available for Unmanned Aerial Vehicle Detection and Tracking.

(4)

$72,481,000 for Research, Development, Test and Evaluation, Navy to be available for—

(A)

Joint Service Explosive Ordnance Development, Program Element 0603654N;

(B)

Advanced Anti-Radiation Guided Missile in Program Element 0205601N; and

(C)

Integrated, Fixed Surveillance System, Program Element 0204311N.

(5)

$72,481,000 for Research, Development, Test and Evaluation, Air Force to be available for Cyber Command Activities within Program Element 0208059F.

5.

Enhancing the defense of Israel and United States interests in the Middle East

(a)

Sense of congress

It is the sense of Congress that the United States should take the following actions to assist in the defense of Israel:

(1)

Provide Israel such support as may be necessary to increase development and production of joint missile defense systems, particularly such systems that defend the urgent threat posed to Israel and United States forces in the region.

(2)

Provide Israel defense articles, intelligence, and defense services through such mechanisms as appropriate, to include air refueling tankers, missile defense capabilities, and specialized munitions.

(3)

Allocate additional weaponry and munitions for the forward-deployed United States stockpile in Israel.

(4)

Provide Israel additional surplus defense articles and defense services, as appropriate, in the wake of the withdrawal of United States forces from Iraq.

(5)

Offer the Israeli Air Force additional training and exercise opportunities in the United States to compensate for Israel’s limited air space.

(6)

Expand Israel’s authority to make purchases under section 23 of the Arms Export Control Act (relating to the Foreign Military Financing program) on a commercial basis.

(7)

Seek to enhance the capabilities of the United States and Israel to address emerging common threats, increase security cooperation, and expand joint military exercises.

(8)

Encourage an expanded role for Israel within the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises.

(9)

Support extension of the long-standing loan guarantee program for Israel, recognizing Israel’s unbroken record of repaying its loans on time and in full.

(10)

Expand already-close intelligence cooperation, including satellite intelligence, with Israel.

(b)

Report on Israel’s qualitative military edge

(1)

Statement of policy

It is the policy of the United States—

(A)

to help Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation; and

(B)

to encourage further development of advanced technology programs between the United States and Israel in light of current trends and instability in the region.

(2)

Report

Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the status of Israel’s qualitative military edge in light of current trends and instability in the region.

(c)

Report on other matters

Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on each of the following:

(1)

Taking into account Israel’s urgent requirement for F–35 aircraft, actions to improve the process relating to Israel’s purchase of F–35 aircraft to improve cost efficiency and timely delivery.

(2)

Efforts to expand cooperation between the United States and Israel in homeland defense, counter-terrorism, maritime security, cybersecurity, and other appropriate areas.

(3)

Actions to integrate Israel into the defense of the Eastern Mediterranean.

6.

Plan to enhance military capabilities of Persian Gulf allies

(a)

Plan

The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan to enhance the military capabilities of Persian Gulf allies to bolster the posture of such allies in relation to Iran.

(b)

Matters To be included

The plan required under subsection (a) shall include the following:

(1)

A description of the means to augment the offensive strike capabilities of key Gulf Cooperation Council allies, including the potential sale or upgrades of strike attack aircraft and bunker buster munitions, to augment the viability of a credible military option and to strengthen such allies’ self-defense capabilities against retaliation or military aggression by Iran.

(2)

A needs-based assessment, or an update to an existing needs-based assessment, of the military requirements of Persian Gulf allies to support a credible military option and to defend against potential military aggression by Iran.

(3)

A detailed summary of any arms sales and training requests by Persian Gulf allies and a description and justification for United States actions taken.

(c)

Rule of construction

Nothing in the plan required under subsection (a) shall be construed to alter Israel’s qualitative military edge.

(d)

Submission to Congress

The plan required under subsection (a) shall be submitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act.

(e)

Form

The plan required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex.

7.

Plan to increase strategic regional partnerships

(a)

Findings

Congress finds the following:

(1)

The United States should ensure that it has the broadest set of geographic approaches to militarily access Iran.

(2)

United States Armed Forces and support staff currently have access from the eastern, southern, and western borders of Iran.

(3)

Azerbaijan borders the northern frontier of Iran closest to nuclear sites near Tehran and the Government of Azerbaijan cooperates with the United States on Caspian Sea security and energy issues.

(b)

Policy

It shall be the policy of the United States to—

(1)

increase pressure on Iran by providing United States Armed Forces with the broadest set of geographic approaches to militarily access Iran; and

(2)

explore means to enhance access to military facilities on the northern border of Iran.

(c)

Plan

(1)

In general

The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan to increase the strategic partnership with regional allies to provide United States Armed Forces with the broadest set of geographic approaches to militarily access Iran.

(2)

Matters to be included

The plan required under paragraph (1) shall include the following information:

(A)

Mechanisms to broaden the geographical approaches to militarily access Iran.

(B)

The need, if any, to strengthen the self-defense capabilities of regional allies as a result of such partnerships.

(C)

The viability of increasing access for United States Armed Forces to bases in Azerbaijan to augment the viability of a credible military option.

(3)

Submission to Congress

The plan required under paragraph (1) shall be submitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act.

8.

Definitions

In this Act:

(1)

Appropriate congressional committees

The term appropriate congressional committees means—

(A)

the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and

(B)

the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.

(2)

Congressional defense committees

The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

(3)

Qualitative military edge

The term qualitative military edge has the meaning given the term in section 36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)).