[Congressional Record Volume 161, Number 60 (Thursday, April 23, 2015)]
[Senate]
[Pages S2409-S2410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1140. Mr. CORKER (for himself and Mr. Cardin) proposed an
amendment to the bill H.R. 1191, to amend the Internal Revenue Code of
1986 to ensure that emergency services volunteers are not taken into
account as employees under the shared responsibility requirements
contained in the Patient Protection and Affordable Care Act; as
follows:
Strike all after the enacting clause and insert the
following:
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 and leadership--
``(A) the agreement, as defined in subsection (h)(1),
including 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 and
commitments 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 or related to the agreement,
including whether the International Atomic Energy Agency will
have sufficient access to investigate suspicious sites or
allegations of covert nuclear-related activities and whether
it has the required funding, manpower, and authority to
undertake the verification regime required by or related to
the agreement.
``(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
and commitments 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 and commitments.
``(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.--
``(A) In general.--Neither the requirements of
subparagraphs (B) and (C) of paragraph (1), nor subsections
(b) through (g) of this section, shall apply to an agreement
described in subsection (h)(5) or to the EU-Iran Joint
Statement made on April 2, 2015.
``(B) Additional requirement.--Notwithstanding subparagraph
(A), any agreement as defined in subsection (h)(1) and any
related materials, whether concluded before or after the date
of the enactment of this section, shall not be subject to the
exception in subparagraph (A).
``(b) Period for Review by Congress of Nuclear Agreements
With Iran.--
``(1) In general.--During the 30-calendar 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) Exception.--The period for congressional review under
paragraph (1) shall be 60 calendar days if an agreement,
including all materials required to be transmitted to
Congress pursuant to subsection (a)(1), is transmitted
pursuant to subsection (a) between July 10, 2015, and
September 7, 2015.
``(3) Limitation on actions during initial congressional
review period.--Notwithstanding any other provision of law,
except as provided in paragraph (6), prior to and during the
period for transmission of an agreement in subsection (a)(1)
and during the period for congressional review provided in
paragraph (1), including any additional period as applicable
under the exception provided in paragraph (2), 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).
``(4) Limitation on actions during presidential
consideration of a joint resolution of disapproval.--
Notwithstanding any other provision of law, except as
provided in paragraph (6), if a joint resolution of
disapproval described in subsection (c)(2)(B) passes the
Congress, 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) for a period of
12 calendar days following the date of passage of the joint
resolution of disapproval.
``(5) Limitation on actions during congressional
reconsideration of a joint resolution of disapproval.--
Notwithstanding any other provision of law, except as
provided in paragraph (6), if a joint resolution of
disapproval described in subsection (c)(2)(B) passes the
Congress, and the President vetoes such joint resolution, 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) for a period of 10
calendar days following the date of the President's veto.
``(6) Exception.--The prohibitions under paragraphs (3)
through (5) do not apply to any new 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 calendar 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) Sense of congress.--It is the sense of Congress
that--
``(A) the sanctions regime imposed on Iran by Congress is
primarily responsible for bringing Iran to the table to
negotiate on its nuclear program;
``(B) these negotiations are a critically important matter
of national security and foreign policy for the United States
and its closest allies;
``(C) this section does not require a vote by Congress for
the agreement to commence;
``(D) this section provides for congressional review,
including, as appropriate, for approval, disapproval, or no
action on statutory sanctions relief under an agreement; and
``(E) even though the agreement may commence, because the
sanctions regime was imposed by Congress and only Congress
can permanently modify or eliminate that regime, it is
critically important that Congress have the opportunity, in
an orderly and deliberative manner, to consider and, as
appropriate, take action affecting the statutory sanctions
regime imposed by Congress.
``(2) 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), 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), the Congress adopts, and there is
enacted, a joint
[[Page S2410]]
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), there is not enacted any
such joint resolution.
``(3) 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 keep the appropriate
congressional committees and leadership fully and currently
informed of all aspects of Iranian compliance with respect to
an agreement subject to subsection (a).
``(2) Potentially significant breaches and compliance
incidents.--The President shall, within 10 calendar 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 and leadership.
``(3) Material breach report.--Not later than 30 calendar
days after submitting information about a potentially
significant breach or compliance incident pursuant to
paragraph (2), the President shall make a determination
whether such potentially significant breach or compliance
issue constitutes a material breach and, if there is such a
material breach, whether Iran has cured such material breach,
and shall submit to the appropriate congressional committees
and leadership 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.
``(4) Semi-annual report.--Not later than 180 calendar days
after entering into an agreement described in subsection (a),
and not less frequently than once every 180 calendar days
thereafter, the President shall submit to the appropriate
congressional committees and leadership 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 or which could otherwise significantly advance
Iran's ability to obtain a nuclear weapon.
``(E) Any centrifuge research and development conducted by
Iran that--
``(i) is not in compliance with the agreement; or
``(ii) may substantially enhance the breakout time of
acquisition of a nuclear weapon by 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,
including any covert nuclear weapons-related or covert
fissile material activities or research and development.
``(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) Iran's advances in its ballistic missile program,
including developments related to its long-range and inter-
continental ballistic missile programs.
``(J) An assessment of--
``(i) 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;
``(ii) whether, and the extent to which, Iran supported
acts of terrorism, including acts of terrorism against the
United States or a United States person anywhere in the
world;
``(iii) all actions, including in international fora, being
taken by the United States to stop, counter, and condemn acts
by Iran to directly or indirectly carry out acts of terrorism
against the United States and United States persons;
``(iv) the impact on the national security of the United
States and the safety of United States citizens as a result
of any Iranian actions reported under this paragraph; and
``(v) all of the sanctions relief provided to Iran,
pursuant to the agreement, and a description of the
relationship between each sanction waived, suspended, or
deferred and Iran's nuclear weapon's program.
``(K) An assessment of whether violations of
internationally recognized human rights in Iran have changed,
increased, or decreased, as compared to the prior 180-day
period.
``(5) Additional reports and information.--
``(A) Agency reports.--Following submission of an agreement
pursuant to subsection (a) to the appropriate congressional
committees and leadership, the Department of State, the
Department of Energy, and the Department of Defense shall,
upon the request of any of those committees or leadership,
promptly furnish to those committees or leadership 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 and leadership fully and currently informed of any
initiative or negotiations with Iran relating to Iran's
nuclear program, including any new or amended agreement.
``(6) Compliance certification.--After the review period
provided in subsection (b), the President shall, not less
than every 90 calendar 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; and
``(iv) 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 and
leadership.
``(7) Sense of congress.--It is the sense of Congress
that--
``(A) United States sanctions on Iran for terrorism, human
rights abuses, and ballistic missiles will remain in place
under an agreement, as defined in subsection (h)(1);
``(B) issues not addressed by an agreement on the nuclear
program of Iran, including fair and appropriate compensation
for Americans who were terrorized and subjected to torture
while held in captivity for 444 days after the seizure of the
United States Embassy in Tehran, Iran, in 1979 and their
families, the freedom of Americans held in Iran, the human
rights abuses of the Government of Iran against its own
people, and the continued support of terrorism worldwide by
the Government of Iran, are matters critical to ensure
justice and the national security of the United States, and
should be expeditiously addressed;
``(C) the President should determine the agreement in no
way compromises the commitment of the United States to
Israel's security, nor its support for Israel's right to
exist; and
``(D) in order to responsibly implement any long-term
agreement reached between the P5+1 countries and Iran, it is
critically important that Congress have the opportunity to
review any agreement and, as necessary, take action to modify
the statutory sanctions regime imposed by Congress.
``(e) Expedited Consideration of Legislation.--
``(1) In general.--In the event the President does not
submit a certification pursuant to subsection (d)(6) or has
determined pursuant to subsection (d)(3) that Iran has
materially breached an agreement subject to subsection (a)
and the material breach has not been cured, Congress may
initiate within 60 calendar 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 ______