[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.
<all>