[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 615 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 615
To provide for congressional review and oversight of agreements
relating to Iran's nuclear program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2015
Mr. Corker (for himself, Mr. Menendez, Mr. Graham, Mr. Kaine, Mr.
McCain, Mr. Donnelly, Mr. Rubio, Ms. Heitkamp, Ms. Ayotte, Mr. Nelson,
Mr. Risch, and Mr. King) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide for congressional review and oversight of agreements
relating to Iran's nuclear program, 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 ``Iran Nuclear Agreement Review Act of
2015''.
SEC. 2. CONGRESSIONAL REVIEW AND OVERSIGHT OF AGREEMENTS WITH IRAN
RELATING TO THE NUCLEAR PROGRAM OF IRAN.
The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended
by inserting after section 134 the following new section:
``SEC. 135. CONGRESSIONAL REVIEW AND OVERSIGHT OF AGREEMENTS WITH IRAN.
``(a) Transmission to Congress of Nuclear Agreements With Iran and
Verification Assessment With Respect to Such Agreements.--
``(1) Transmission of agreements.--Not later than 5
calendar days after reaching an agreement with Iran relating to
the nuclear program of Iran, the President shall transmit to
the appropriate congressional committees--
``(A) the text of the agreement and all related
materials and annexes;
``(B) a verification assessment report of the
Secretary of State prepared under paragraph (2) with
respect to the agreement; and
``(C) a certification that--
``(i) the agreement includes the
appropriate terms, conditions, and duration of
the agreement's requirements with respect to
Iran's nuclear activities and provisions
describing any sanctions to be waived,
suspended, or otherwise reduced by the United
States, and any other nation or entity,
including the United Nations; and
``(ii) the President determines the
agreement meets United States non-proliferation
objectives, does not jeopardize the common
defense and security, provides an adequate
framework to ensure that Iran's nuclear
activities permitted thereunder will not be
inimical to or constitute an unreasonable risk
to the common defense and security, and ensures
that Iran's nuclear activities permitted
thereunder will not be used to further any
nuclear-related military or nuclear explosive
purpose, including for any research on or
development of any nuclear explosive device or
any other nuclear-related military purpose.
``(2) Verification assessment report.--
``(A) In general.--The Secretary of State shall
prepare, with respect to an agreement described in
paragraph (1), a report assessing--
``(i) the extent to which the Secretary
will be able to verify that Iran is complying
with its obligations under the agreement;
``(ii) the adequacy of the safeguards and
other control mechanisms and other assurances
contained in the agreement with respect to
Iran's nuclear program to ensure Iran's
activities permitted thereunder will not be
used to further any nuclear-related military or
nuclear explosive purpose, including for any
research on or development of any nuclear
explosive device or any other nuclear-related
military purpose; and
``(iii) the capacity and capability of the
International Atomic Energy Agency to
effectively implement the verification regime
required by the agreement, including whether
the International Atomic Energy Agency has the
required funding, manpower, and authority to do
so.
``(B) Assumptions.--In preparing a report under
subparagraph (A) with respect to an agreement described
in paragraph (1), the Secretary shall assume that Iran
could--
``(i) use all measures not expressly
prohibited by the agreement to conceal
activities that violate its obligations under
the agreement; and
``(ii) alter or deviate from standard
practices in order to impede efforts to verify
that Iran is complying with those obligations.
``(C) Classified annex.--A report under
subparagraph (A) shall be transmitted in unclassified
form, but shall include a classified annex prepared in
consultation with the Director of National
Intelligence, summarizing relevant classified
information.
``(3) Exception.--The requirements of subparagraphs (B) and
(C) of paragraph (1) shall not apply to an agreement defined in
subsection (i)(4).
``(b) Period for Review by Congress of Nuclear Agreements With
Iran.--
``(1) In general.--During the 60-day period following
transmittal by the President of an agreement pursuant to
subsection (a), the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives shall, as appropriate, hold hearings and
briefings and otherwise obtain information in order to fully
review such agreement.
``(2) Limitation on actions during period of review.--
Notwithstanding any other provision of law, except as provided
in paragraph (3), during the period for review provided in
paragraph (1), the President may not waive, suspend, reduce,
provide relief from, or otherwise limit the application of
statutory sanctions with respect to Iran under any provision of
law or refrain from applying any such sanctions pursuant to an
agreement described in subsection (a).
``(3) Exception.--The prohibition under paragraph (2) does
not apply to any deferral, waiver, or other suspension of
statutory sanctions pursuant to the Joint Plan of Action if
that deferral, waiver, or other suspension is made--
``(A) consistent with the law in effect on the date
of the enactment of the Iran Nuclear Agreement Review
Act of 2015; and
``(B) not later than 45 days before the
transmission by the President of an agreement,
assessment report, and certification under subsection
(a).
``(c) Effect of Congressional Action With Respect to Nuclear
Agreements With Iran.--
``(1) In general.--Notwithstanding any other provision of
law, action involving any measure of statutory sanctions relief
by the United States pursuant to an agreement subject to
subsection (a) or the Joint Plan of Action--
``(A) may be taken, consistent with existing
statutory requirements for such action, if, during the
period for review provided in subsection (b)(1), the
Congress adopts, and there is enacted, a joint
resolution stating in substance that the Congress does
favor the agreement;
``(B) may not be taken if, during the period for
review provided in subsection (b)(1), the Congress
adopts, and there is enacted, a joint resolution
stating in substance that the Congress does not favor
the agreement; or
``(C) may be taken, consistent with existing
statutory requirements for such action, if, following
the period for review provided in subsection (b)(1),
there is not enacted any such joint resolution.
``(2) Definition.--For the purposes of this subsection, the
phrase `action involving any measure of statutory sanctions
relief by the United States' shall include waiver, suspension,
reduction, or other effort to provide relief from, or otherwise
limit the application of statutory sanctions with respect to,
Iran under any provision of law or any other effort to refrain
from applying any such sanctions.
``(d) Congressional Oversight of Iranian Compliance With Nuclear
Agreements.--
``(1) In general.--The President shall, within 10 days of
receiving credible and accurate information relating to a
potentially significant breach or compliance incident by Iran
with respect to an agreement subject to subsection (a), submit
such information to the appropriate congressional committees.
``(2) Material breach report.--Not later than 10 days after
submitting information about a potentially significant breach
or compliance incident pursuant to paragraph (1), the President
shall make a determination whether such potentially significant
breach or compliance issue constitutes a material breach and
shall submit to the appropriate congressional committees such
determination, accompanied by, as appropriate, a report on the
action or failure to act by Iran that led to the material
breach, actions necessary for Iran to cure the breach, and the
status of Iran's efforts to cure the breach.
``(3) Semi-annual report.--Not later than 180 days after
entering into an agreement described in subsection (a), and not
less frequently than once every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report on Iran's nuclear program and the
compliance of Iran with the agreement during the period covered
by the report, including the following elements:
``(A) Any action or failure to act by Iran that
breached the agreement or is in noncompliance with the
terms of the agreement.
``(B) Any delay by Iran of more than one week in
providing inspectors access to facilities, people, and
documents in Iran as required by the agreement.
``(C) Any progress made by Iran to resolve concerns
by the International Atomic Energy Agency about
possible military dimensions of Iran's nuclear program.
``(D) Any procurement by Iran of materials in
violation of the agreement.
``(E) Any centrifuge research and development
conducted by Iran that--
``(i) is not in compliance with the
agreement; or
``(ii) may substantially enhance the
enrichment capacity of Iran if deployed.
``(F) Any diversion by Iran of uranium, carbon-
fiber, or other materials for use in Iran's nuclear
program in violation of the agreement.
``(G) Any covert nuclear activities undertaken by
Iran.
``(H) An assessment of whether any Iranian
financial institutions are engaged in money laundering
or terrorist finance activities, including names of
specific financial institutions if applicable.
``(I) An assessment of--
``(i) whether, and the extent to which,
Iran supported acts of terrorism; and
``(ii) whether Iran directly supported,
financed, planned, or carried out an act of
terrorism against the United States or a United
States person anywhere in the world.
``(4) Additional reports and information.--
``(A) Agency reports.--Following submission of an
agreement pursuant to subsection (a) to the appropriate
congressional committees, the Department of State, the
Department of Energy, and the Department of Defense
shall, upon the request of either of those committees,
promptly furnish to those committees their views as to
whether the safeguards and other controls contained in
the agreement with respect to Iran's nuclear program
provide an adequate framework to ensure that Iran's
activities permitted thereunder will not be inimical to
or constitute an unreasonable risk to the common
defense and security.
``(B) Provision of information on nuclear
initiatives with iran.--The President shall keep the
appropriate congressional committees fully and
currently informed of any initiative or negotiations
with Iran relating Iran's nuclear program, including
any new or amended agreement.
``(5) Certification.--After the review period provided in
subsection (b)(1), the President shall, not less than every 90
days--
``(A) determine whether the President is able to
certify that--
``(i) Iran is transparently, verifiably,
and fully implementing the agreement, including
all related technical or additional agreements;
``(ii) Iran has not committed a material
breach with respect to the agreement or, if
Iran has committed a material breach, Iran has
cured the material breach;
``(iii) Iran has not taken any action,
including covert action, that could
significantly advance its nuclear weapons
program;
``(iv) Iran has not directly supported or
carried out an act of terrorism against the
United States or a United States person
anywhere in the world; and
``(v) suspension of sanctions related to
Iran pursuant to the agreement is--
``(I) appropriate and proportionate
to the specific and verifiable measures
taken by Iran with respect to
terminating its illicit nuclear
program; and
``(II) vital to the national
security interests of the United
States; and
``(B) if the President determines he is able to
make the certification described in subparagraph (A),
make such certification to the appropriate
congressional committees.
``(e) Expedited Consideration of Legislation.--
``(1) In general.--In the event the President does not
submit a certification pursuant to subsection (d)(5) or has
determined pursuant to subsection (d)(2) that Iran has
materially breached an agreement subject to subsection (a),
Congress may initiate within 60 days expedited consideration of
qualifying legislation pursuant to this subsection.
``(2) Qualifying legislation defined.--For purposes of this
subsection, the term `qualifying legislation' means only a bill
of either House of Congress--
``(A) the title of which is as follows: `A bill
reinstating statutory sanctions imposed with respect to
Iran.'; and
``(B) the matter after the enacting clause of which
is: `Any statutory sanctions imposed with respect to
Iran pursuant to ______ that were waived, suspended,
reduced, or otherwise relieved pursuant to an agreement
submitted pursuant to section 135(a) of the Atomic
Energy Act of 1954 are hereby reinstated and any action
by the United States Government to facilitate the
release of funds or assets to Iran pursuant to such
agreement, or provide any further waiver, suspension,
reduction, or other relief is hereby prohibited.', with
the blank space being filled in with the law or laws
under which sanctions are to be reinstated.
``(3) Introduction.--During the 60-day period provided for
in paragraph (1), qualifying legislation may be introduced--
``(A) in the House of Representatives, by the
Speaker (or the Speaker's designee) or the minority
leader (or the minority leader's designee); and
``(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee).
``(4) Committee referral.--Qualifying legislation
introduced in the Senate shall be referred to the Committee on
Foreign Relations and in the House of Representatives to the
Committee on Foreign Affairs.
``(5) Discharge.--If the committee of either House to which
qualifying legislation has been referred has not reported such
qualifying legislation within 10 session days after the date of
referral of such legislation, that committee shall be
discharged from further consideration of such legislation and
the qualifying legislation shall be placed on the appropriate
calendar.
``(6) Floor consideration in house of representatives.--
``(A) Proceeding to consideration.--After each
committee authorized to consider qualifying legislation
reports it to the House of Representatives or has been
discharged from its consideration, it shall be in order
to move to proceed to consider the qualifying
legislation in the House. All points of order against
the motion are waived. Such a motion shall not be in
order after the House has disposed of a motion to
proceed on the qualifying legislation. The previous
question shall be considered as ordered on the motion
to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote
by which the motion is disposed of shall not be in
order.
``(B) Consideration.--The qualifying legislation
shall be considered as read. All points of order
against the qualifying legislation and against its
consideration are waived. The previous question shall
be considered as ordered on the qualifying legislation
to its passage without intervening motion except 2
hours of debate equally divided and controlled by the
proponent and an opponent. A motion to reconsider the
vote on passage of the qualifying legislation shall not
be in order. No amendment to, or motion to recommit,
qualifying legislation shall be in order.
``(C) Appeals.--All appeals from the Chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to the
qualifying legislation shall be decided without debate.
``(7) Floor consideration in the senate.--
``(A) In general.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any
time after the committee authorized to consider
qualifying legislation reports it to the Senate or has
been discharged from its consideration (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of
qualifying legislation, and all points of order against
qualifying legislation (and against consideration of
the qualifying legislation) are waived. The motion to
proceed is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall
not be in order. If a motion to proceed to the
consideration of the qualifying legislation is agreed
to, the qualifying legislation shall remain the
unfinished business until disposed of.
``(B) Debate.--Debate on qualifying legislation,
and on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours,
which shall be divided equally between the majority and
minority leaders or their designees. A motion to
further limit debate is in order and not debatable. An
amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a
motion to recommit the qualifying legislation is not in
order.
``(C) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
debate on the qualifying legislation and a single
quorum call at the conclusion of the debate, if
requested in accordance with the rules of the Senate.
``(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to qualifying legislation
shall be decided without debate.
``(E) Consideration of veto messages.--Debate in
the Senate of any veto message with respect to
qualifying legislation, including all debatable motions
and appeals in connection with such qualifying
legislation, shall be limited to 10 hours, to be
equally divided between, and controlled by, the
majority leader and the minority leader or their
designees.
``(8) Rules relating to senate and house of
representatives.--
``(A) Coordination with action by other house.--If,
before the passage by one House of qualifying
legislation of that House, that House receives
qualifying legislation from the other House, then the
following procedures shall apply:
``(i) The qualifying legislation of the
other House shall not be referred to a
committee.
``(ii) With respect to qualifying
legislation of the House receiving the
legislation--
``(I) the procedure in that House
shall be the same as if no qualifying
legislation had been received from the
other House; but
``(II) the vote on passage shall be
on the qualifying legislation of the
other House.
``(B) Treatment of joint resolution of other
house.--If one House fails to introduce or consider
qualifying legislation under this section, the
qualifying legislation of the other House shall be
entitled to expedited floor procedures under this
section.
``(C) Treatment of companion measures.--If,
following passage of the qualifying legislation in the
Senate, the Senate then receives a companion measure
from the House of Representatives, the companion
measure shall not be debatable.
``(f) Rules of House of Representatives and Senate.--Subsection (e)
is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of legislation described in those
sections, and supersede other rules only to the extent that
they are inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``(g) Rules of Construction.--Nothing in the section shall be
construed as--
``(1) modifying, or having any other impact on, the
President's authority to negotiate, enter into, or implement
appropriate executive agreements, other than the restrictions
on implementation of the agreements specifically covered by
this Act;
``(2) allowing any new waiver, suspension, reduction, or
other relief from statutory sanctions with respect to Iran
under any provision of law, or allowing the President to
refrain from applying any such sanctions pursuant to an
agreement described in subsection (a) during the period for
review provided in subsection (b)(1);
``(3) revoking or terminating any statutory sanctions
imposed on Iran; or
``(4) authorizing the use of military force against Iran.
``(h) Sense of Congress.--It is the sense of Congress that--
``(1) the sanctions regime imposed on Iran by Congress is
primarily responsible for bringing Iran to the table to
negotiate on its nuclear program;
``(2) these negotiations are a critically important matter
of national security and foreign policy for the United States
and its closest allies; and
``(3) it is critically important that Congress have the
opportunity to consider and, as appropriate, take action on any
agreement affecting the statutory sanctions regime imposed by
Congress.
``(i) Definitions.--In this section:
``(1) Agreement and all related materials and annexes.--The
term `agreement and all related materials and annexes' means
the agreement itself and any additional materials related
thereto, including annexes, appendices, codicils, side
agreements, implementing materials, documents, and guidance,
technical or other understandings, and any related agreements,
whether entered into or implemented prior to the agreement or
to be entered into or implemented in the future.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' has the meaning given
that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
``(3) Iranian financial institution.--The term `Iranian
financial institution' has the meaning given the term in
section 104A(d) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513b(d)).
``(4) Joint plan of action.--The term `Joint Plan of
Action' means the Joint Plan of Action, signed at Geneva
November 24, 2013, by Iran and by France, Germany, the Russian
Federation, the People's Republic of China, the United Kingdom,
and the United States, and all implementing materials and
agreements related to the Joint Plan of Action, including the
technical understandings reached on January 12, 2014, the
extension thereto agreed to on July 18, 2014, the extension
agreed to on November 24, 2014, and any extension that is
agreed to on or after the date of the enactment of the Iran
Nuclear Agreement Review Act of 2015.
``(5) Material breach.--The term `material breach' means,
with respect to an agreement described in subsection (a), any
breach of the agreement that substantially--
``(A) benefits Iran's nuclear program;
``(B) decreases the amount of time required by Iran
to achieve a nuclear weapon; or
``(C) deviates from or undermines the purposes of
such agreement.
``(6) Noncompliance defined.--The term `noncompliance'
means any departure from the terms of an agreement described in
subsection (a) that is not a material breach.
``(7) P5+1 countries.--The term `P5+1 countries' means the
United States, France, the Russian Federation, the People's
Republic of China, the United Kingdom, and Germany.
``(8) United states person.--The term `United States
person' has the meaning given that term in section 101 of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (22 U.S.C. 8511).''.
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