[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3329 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3329

 To ensure transparent enforcement of the Joint Comprehensive Plan of 
                                Action.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2016

  Mr. Perdue (for himself and Mr. Lankford) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
 To ensure transparent enforcement of the Joint Comprehensive Plan of 
                                Action.

    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 ``JCPOA Enforcement Transparency Act 
of 2016''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States entered into the Joint Comprehensive 
        Plan of Action (JCPOA) on July 14, 2015, without the approval 
        of Congress.
            (2) The JCPOA established the Joint Commission in Annex IV 
        of the agreement.
            (3) The JCPOA placed detailed limitations on components of 
        Iran's nuclear agreement, and required those limitations to be 
        met by Implementation Day, which took place on January 16, 
        2016.
            (4) The Joint Commission provided alternate arrangements 
        regarding some Iranian nuclear stocks and facilities prior to 
        January 16, 2016.
            (5) The JCPOA capped Iran's stockpile of low enriched 
        uranium (LEU) at 300 kilograms (kg).
            (6) Iran was granted an exemption to retain more than 300 
        kg of LEU by the Joint Commission.
            (7) The JCPOA required all Iranian uranium oxide enriched 
        to between 5 percent and 20 percent to be fabricated into fuel 
        plates for the Tehran Research Reactor or transferred outside 
        of Iran or diluted to an enrichment level of 3.67 percent or 
        less.
            (8) The Joint Commission found near 20 percent LEU in ``lab 
        contaminant'' that was judged as unrecoverable.
            (9) Under the JCPOA, Iran committed to only develop, 
        acquire, build, or operate hot cells, shielded cells, or 
        shielded glove boxes with dimensions less than 6 cubic meters 
        for 15 years.
            (10) Prior to Implementation Day, the Joint Commission 
        agreed to allow Iran to continue operating 19 large hot cells 
        in three Tehran locations and one Karaj location which are in 
        excess of the 6 cubic meter limitation.
            (11) In July 2016, the Joint Commission established a 
        Technical Working Group to evaluate stocks of Iranian 3.67 
        percent LEU and other stocks.
            (12) Ensuring Iranian compliance with the JCPOA is 
        tantamount to restricting breakout times for the development of 
        a nuclear weapon.
            (13) The current Administration's policy to maintain 
        secrecy on the decisions of the Joint Commission and its 
        Technical Working Group interferes in the process of 
        establishing adequate congressional and public oversight of the 
        JCPOA.

SEC. 3. NOTIFICATION AND JUSTIFICATION REQUIREMENT FOR DECISIONS ISSUED 
              BY THE JOINT COMMISSION AND TECHNICAL WORKING GROUP.

    (a) In General.--The President, in consultation with the Secretary 
of State, the Secretary of Energy, and the heads of other relevant 
agencies, shall--
            (1) not later than 30 days after the date of the enactment 
        of this Act, notify the appropriate congressional committees of 
        all past decisions made by the Joint Commission or the 
        Technical Working Group; and
            (2) not later than 30 days after each subsequent decision 
        made by the Joint Commission, the Technical Working Group, or 
        any subsequent working group established by the JCPOA, notify 
        the appropriate congressional committees of such decision.
    (b) Elements.--The notification required under subsection (a) shall 
include the following elements:
            (1) A description of the decision.
            (2) A justification for the decision.
            (3) An unclassified summary of the decision, with a 
        classified annex if necessary.

SEC. 4. PUBLICATION OF DECISIONS.

    The Secretary of State shall publish on a publicly available 
Internet website a description of the decision-making process and a 
summary of all decisions granted by the Joint Commission, the Technical 
Working Group, or any subsequent working group established under the 
auspices of the JCPOA.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States representative to the Joint 
        Commission, the Technical Working Group, or any subsequent 
        working group established under the auspices of the JCPOA 
        should oppose any exemptions or modifications to requirements 
        for Iran under the JCPOA; and
            (2) the workings of the Joint Commission, the Technical 
        Working Group, and any subsequent working group established 
        under the auspices of the JCPOA to evaluate Iranian compliance 
        to JCPOA requirements should proceed in an open and transparent 
        manner.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, the Select Committee on 
                Intelligence, and the Committee on Appropriations of 
                the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Armed Services, the Permanent Select Committee on 
                Intelligence, and the Committee on Appropriations of 
                the House of Representatives.
            (2) Joint commission.--The term ``Joint Commission'' means 
        the group comprised of representatives of Iran and the E3/EU+3, 
        as defined in Annex IV of the JCPOA.
            (3) Joint comprehensive plan of action and jcpoa.--The 
        terms ``Joint Comprehensive Plan of Action'' and ``JCPOA'' mean 
        the Joint Comprehensive Plan of Action signed at Vienna on July 
        14, 2015, by Iran and by France, Germany, the Russian 
        Federation, the People's Republic of China, the United Kingdom, 
        and the United States, all implementing materials and 
        agreements related to the Joint Comprehensive Plan of Action, 
        and any other subsequent agreement with Iran that addresses the 
        Iran nuclear issue.
            (4) Technical working group.--The term ``Technical Working 
        Group'' means the Technical Working Group established by the 
        Joint Commission in July 2016 to consider further exemptions 
        under the JCPOA relating to Iran's stock of 3.5 percent low 
        enriched uranium.
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