[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5827 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5827

  To require the President to determine whether a sale or transfer of 
advanced integrated air defense systems to Iran meets the requirements 
 to impose sanctions under certain Iran sanctions laws, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

  Mr. Chabot introduced the following bill; which was referred to the 
  Committee on Foreign Affairs, and in addition to the Committees on 
 Financial Services, the Judiciary, Ways and Means, and Oversight and 
 Government Reform, 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 require the President to determine whether a sale or transfer of 
advanced integrated air defense systems to Iran meets the requirements 
 to impose sanctions under certain Iran sanctions laws, 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 ``Determination of Russia-Iran Weapons 
Transfer Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The S-300 surface-to-air missile defense system, which 
        has a range of 120 miles and can engage aircraft or short- and 
        medium-range ballistic missiles, provides enhanced capabilities 
        to Iran.
            (2) Such a system would significantly bolster Iranian 
        military capabilities and introduce new obstacles to the 
        ability of the United States to eliminate the threat of an 
        Iranian nuclear weapon.
            (3) Iran received an S-300 surface-to-air missile defense 
        system from the Russian Federation as part of an arms deal that 
        was revived after Iran agreed to the Joint Comprehensive Plan 
        of Action, signed at Vienna on July 14, 2015, relating to the 
        nuclear program of Iran.
            (4) Russian officials have said they plan to deliver four 
        such systems to Iran by the end of 2016. The delivery is part 
        of an $800,000,000 contract signed in 2007, under which Russia 
        was to provide Iran with five such systems. Russia suspended 
        the deliveries of such systems in 2010.
            (5) On April 18, 2016, Department of State spokesperson 
        John Kirby stated during a State Department briefing, ``We have 
        made clear in the past our objections to any sale of the S-300 
        missile system to Iran.''.
            (6) On June 8, 2016, the administration stated, in response 
        to an inquiry by Representative Steve Chabot about the sale, 
        that it has strongly urged the Government of Russia not to 
        proceed with the sale of such systems to Iran, and that such a 
        sale would add to tensions in the region and be clearly 
        inconsistent with the goals of non-proliferation.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the sale or transfer of an 
advanced integrated air defense system to Iran constitutes the sale or 
transfer of a destabilizing type of advanced conventional weapons 
system to Iran.

SEC. 4. DETERMINATIONS WITH RESPECT TO THE IMPOSITION OF SANCTIONS FOR 
              THE SALE OR TRANSFER OF ADVANCED INTEGRATED AIR DEFENSE 
              SYSTEMS TO THE GOVERNMENT OF IRAN.

    (a) Notification of Sales and Transfers.--Not later than 15 days 
after the date on which the President receives credible information 
that any advanced integrated air defense system has been sold or 
transferred to Iran, the President shall notify the appropriate 
congressional committees of the sale or transfer.
    (b) Determinations With Respect to Sanctions.--
            (1) In general.--Not later than 30 days after the date on 
        which the President notifies the appropriate congressional 
        committees of a sale or transfer under subsection (a), the 
        President shall--
                    (A) determine whether such sale or transfer meets 
                the requirements to impose sanctions under each 
                provision of law specified in subsection (c); and
                    (B)(i) if the determination is that the sale or 
                transfer is subject to any such sanctions, the 
                President shall--
                            (I) make a determination with respect to 
                        whether the President will impose or waive such 
                        sanctions with respect to such sale or 
                        transfer; and
                            (II) submit that determination to the 
                        appropriate congressional committees; or
                    (ii) if the determination is that the sale or 
                transfer is not subject to any such sanctions, the 
                President shall submit to the appropriate congressional 
                committees a detailed report on the determination and 
                the specific reasons for the determination.
    (c) Provisions of Law Specified.--The provisions of law specified 
in this subsection are the following:
            (1) Section 5(b) of the Iran Sanctions Act of 1996 (50 
        U.S.C. 1701 note).
            (2) The Iran-Iraq Arms Non-Proliferation Act of 1992 (50 
        U.S.C. 1701 note).
            (3) The Iran, North Korea, and Syria Nonproliferation Act 
        (50 U.S.C. 1701 note).
    (d) Termination.--Any sanction imposed by reason of a determination 
under subsection (b)(1)(B)(i)(I) shall, notwithstanding any provision 
with respect to the duration of a sanction under any provision of law 
specified in subsection (c), terminate on the date that is 30 days 
after the date on which the President submits to the appropriate 
congressional committees a certification that the Government of Iran 
and all entities owned or controlled by the Government of Iran--
            (1) are not in possession of the advanced integrated air 
        defense system with respect to which such sanction was imposed; 
        and
            (2) have not transferred the advanced integrated air 
        defense system with respect to which such sanctions were 
        enforced to--
                    (A) a foreign terrorist organization, as designated 
                under section 219 of the Immigration and Nationality 
                Act (8 U.S.C. 1189); or
                    (B) a country, the government of which is 
                designated by the Secretary of State, under section 
                6(j) of the Export Administration Act of 1979 (50 
                U.S.C. 2405) (as continued in effect under the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.)), section 40 of the Arms Export Control 
                Act (22 U.S.C. 2780), section 620A of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2371), or any other 
                provision of law, as a government which has repeatedly 
                provided support for acts of international terrorism.
    (e) Definition.--In this Act:
            (1) Advanced integrated air defense systems.--The term 
        ``advanced integrated air defense systems'' means command, 
        control, communications, and computer systems, radars and any 
        other related sensors, electronic warfare technologies, 
        transporter-erector launchers, surface-to-air missile units 
        (including the S-300 and S-400 missile defense systems produced 
        by Russia), air superiority fighters, and parts thereof.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
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