[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 390 Introduced in House (IH)]

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116th CONGRESS
  1st Session
H. RES. 390

Opposing the lifting of sanctions imposed with respect to Iran without 
   addressing Iran's nuclear program, ballistic missile development, 
       support for terrorism, and other destabilizing activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2019

Mr. Gallagher (for himself, Ms. Cheney, Mrs. Hartzler, Mr. King of New 
 York, Mr. Diaz-Balart, Mr. Meadows, Mr. Budd, Mr. Weber of Texas, and 
 Mr. Gaetz) submitted the following resolution; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
Opposing the lifting of sanctions imposed with respect to Iran without 
   addressing Iran's nuclear program, ballistic missile development, 
       support for terrorism, and other destabilizing activities.

Whereas the Joint Comprehensive Plan of Action (JCPOA), an agreement that was 
        finalized by the administration of President Obama and the respective 
        governments of the United Kingdom, Germany, France, the People's 
        Republic of China, and the Russian Federation (P5+1) in July 2015, 
        provided Iran permanent sanctions relief and access to more than 
        $100,000,000,000 in return for temporary restrictive measures on Iran's 
        nuclear program;
Whereas, under the JCPOA, restrictions on the number and types of centrifuges 
        that Iran may manufacture, the number and types of enrichment facilities 
        that Iran may construct, and the amount and level of enriched uranium 
        and heavy water that Iran may stockpile, will expire;
Whereas United Nations Security Council Resolution (UNSCR) 2231, unanimously 
        adopted on July 20, 2015, contained an 8-year nonbinding restriction on 
        Iranian nuclear-capable ballistic missile activities and a 5-year ban on 
        conventional arms transfers to Iran;
Whereas neither the JCPOA nor UNSCR 2231 adequately addressed the threat 
        emanating from Iran's ballistic missile program or support for 
        terrorism, and the sunset provisions applied to prohibitions in UNSCR 
        2231 inadvertently legitimized that program and support;
Whereas, based on the shortcomings of the JCPOA and UNSCR 2231, bipartisan 
        majorities in both the Senate and the House of Representatives opposed 
        the JCPOA and the sanctions relief for Iran contained in the agreement;
Whereas the sanctions relief contained in the JCPOA provided resources necessary 
        for Iran to continue developing ballistic missiles and supporting 
        terrorism;
Whereas the administration of President Trump has designated Iran's Islamic 
        Revolutionary Guard Corps (IRGC) as a foreign terrorist organization 
        under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 
        1189(a)) and a Specially Designated Global Terrorist group under 
        Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking 
        property and prohibiting transactions with persons who commit, threaten 
        to commit, or support terrorism);
Whereas, on May 21, 2018, Secretary of State Pompeo outlined steps that the 
        Iranian Government must take to normalize relations with the United 
        States, to include--

    (1) providing the International Atomic Energy Agency (IAEA) a full 
account of the prior military dimensions of its nuclear program and 
permanently and verifiably abandoning such work;

    (2) ceasing all enrichment and vowing never to pursue plutonium 
reprocessing;

    (3) providing the IAEA with access to all sites throughout the entire 
country;

    (4) ending its development and proliferation of ballistic missiles;

    (5) releasing all United States citizens currently held hostage, as 
well as citizens of United States partners and allies;

    (6) ending support for terrorist groups, including Hezbollah, Hamas, 
and the Palestinian Islamic Jihad;

    (7) respecting the sovereignty of Iraq by demobilizing Iranian-
controlled Shia militias in the country;

    (8) ending its military support for the Houthi militia in Yemen;

    (9) withdrawing all forces under Iranian command in Syria;

    (10) ending support for the Taliban in Afghanistan and for senior al 
Qaeda leaders around the region;

    (11) ending the IRGC's support for terrorists and militant partners 
around the world; and

    (12) halting its threatening behavior against its neighbors;

Whereas President Trump announced the withdrawal of the United States from the 
        JCPOA on May 8, 2018, and, since then, has gradually reimposed sanctions 
        that were suspended by the Obama Administration under the JCPOA;
Whereas the JCPOA defined the sanctions that the Obama Administration suspended 
        under the JCPOA as ``nuclear-related'', but ``nuclear-related'' is not a 
        term recognized under existing statutory sanctions related to Iran;
Whereas the Obama Administration agreed to define the most significant bilateral 
        sanctions imposed by the United States on Iran as ``nuclear-related'', 
        waive the application of those sanctions under the JCPOA, and commit the 
        executive branch to attempt to work with Congress and State and local 
        governments in the United States to repeal the provisions of law 
        providing for those sanctions upon the expiration of the JCPOA;
Whereas, pursuant to the terms of the JCPOA, sanctions were lifted on Iranian 
        financial institutions, cargo vessels, aircraft, and charities, which 
        were not linked to Iran's nuclear program but were sanctioned for 
        illicit conduct;
Whereas, pursuant to section 401(a) of the Comprehensive Iran Sanctions, 
        Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)), in order 
        to terminate sanctions against the Central Bank of Iran and other 
        financial institutions of Iran, the President is required to certify 
        that ``the Government of Iran has ceased providing support for acts of 
        international terrorism and no longer satisfies the requirements for 
        designation as a state sponsor of terrorism'', and that ``Iran has 
        ceased the pursuit, acquisition, and development of, and verifiably 
        dismantled its, nuclear, biological, and chemical weapons and ballistic 
        missiles and ballistic missile launch technology'';
Whereas, pursuant to section 8 of the Iran Sanctions Act of 1996 (Public Law 
        104-172; 50 U.S.C. 1701 note), in order to terminate sanctions imposed 
        with respect to the energy sector of Iran, the President is required to 
        certify ``that Iran--

    ``(1) has ceased its efforts to design, develop, manufacture, or 
acquire--

    G    ``(A) a nuclear explosive device or related materials and 
technology;

    G    ``(B) chemical and biological weapons; and

    G    ``(C) ballistic missiles and ballistic missile launch technology;

    ``(2) has been removed from the list of countries the governments of 
which have been determined . . . to have repeatedly provided support for 
acts of international terrorism; and

    ``(3) poses no significant threat to United States national security, 
interests, or allies.''; and

Whereas the concept of ``nuclear-related'' sanctions does not exist in statute 
        and existing statutes likely require a treaty to terminate such 
        sanctions: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) reaffirms that it is the policy of the United States 
        not to allow Iran to develop or otherwise acquire a nuclear 
        weapons capability;
            (2) resolves that the lifting or termination of sanctions 
        with respect to Iran must take place only as provided for under 
        section 401(a) of the Comprehensive Iran Sanctions, 
        Accountability, and Divestment Act (22 U.S.C. 8551(a)) and 
        section 8 of the Iran Sanctions Act of 1996 (Public Law 104-
        172; 50 U.S.C. 1701 note); and
            (3) rejects the reapplication of sanctions relief provided 
        for in the Joint Comprehensive Plan of Action.
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