S.Amdt. 2295

1. Adds Subtitle D--Iran Sanctions SEC. 1241. FINDINGS; SENSE OF CONGRESS; STATEMENT OF POLICY at the end of title XII

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

   Inserted: Subtitle D--Iran Sanctions SEC. 1241. FINDINGS; SENSE OF CONGRESS; STATEMENT OF POLICY.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) The Government of Iran continues to expand the nuclear and missile programs of Iran in violation of multiple United Nations Security Council resolutions.

   Inserted: (2) The Government of Iran has a decades-long track record of cheating on and violating commitments regarding the nuclear program of Iran and has used more than 10 years of diplomatic negotiations to allow more time to expand its nuclear weapons program.

   Inserted: (3) Iran remains the number one exporter of terrorism in the world and as recently as 2011 was plotting to assassinate a foreign official in the United States.

   Inserted: (4) Over the last 30 years, the Government of Iran and its terrorist proxies have been responsible for the deaths of citizens of the United States.

   Inserted: (5) The Government of Iran and its terrorist proxies continue to provide military and financial support to the regime of Bashar al-Assad in Syria, aiding that regime in the mass killing of the people of Syria.

   Inserted: (6) The Government of Iran continues to sow instability in the Middle East and threaten its neighbors, including allies of the United States such as Israel.

   Inserted: (7) The Government of Iran denies its people fundamental freedoms, including freedom of the press, freedom of assembly, freedom of religion, and freedom of conscience.

   Inserted: (8) Sanctions imposed with respect to Iran by the United States and the international community have assisted in bringing Iran to the negotiating table, but other countries, such as North Korea, have used diplomatic talks regarding their nuclear programs to allow time for the development of nuclear weapons.

   Inserted: (9) President Hasan Rouhani of Iran has in the past bragged about his success in buying time for Iran to make nuclear advances.

   Inserted: (10) Based on the stockpile of low enriched uranium held by the Government of Iran and its plan to continue installing advanced centrifuges, the Government of Iran could agree to suspend all enrichment of uranium to greater than 3.5 percent and still be in a position to produce weapons-grade uranium without detection by the middle of 2014.

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   Inserted: (11) If the Government of Iran commences the operation of its heavy water reactor in Arak, it could establish an alternate pathway to a nuclear weapon, producing enough plutonium each year for one or 2 nuclear weapons.

   Inserted: (12) As of the date of the enactment of this Act, 19 countries access nuclear energy for peaceful purposes without conducting any enrichment or reprocessing activities within that country.

   Inserted: (13) The Government of Iran could likewise access nuclear energy for peaceful purposes without conducting any enrichment or reprocessing activities within Iran.

   Inserted: (b) Sense of Congress.--It is the sense of Congress that--

   Inserted: (1) the Government of Iran must not be allowed to develop nuclear weapons capabilities;

   Inserted: (2) all instruments of power and influence of the United States should remain on the table to prevent the Government of Iran from developing nuclear weapons capabilities;

   Inserted: (3) the Government of Iran does not have an absolute or inherent right to enrichment and reprocessing capabilities and technologies under the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the "Nuclear Non-Proliferation Treaty");

   Inserted: (4) any interim agreement with Iran regarding its nuclear program must require that Iran comply with all United Nations Security Council resolutions concerning the nuclear program of Iran, including by--

   Inserted: (A) suspending enrichment at all facilities;

   Inserted: (B) suspending construction of a heavy water nuclear reactor in Arak; and

   Inserted: (C) ceasing all work related to nuclear weaponization and providing full transparency with respect to the cessation of that work;

   Inserted: (5) given the decades-long history of deception by the Government of Iran with respect to the nuclear program of Iran, and violations by that government of its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, any final agreement with Iran regarding its nuclear program must--

   Inserted: (A) prevent that government from possessing any enrichment or reprocessing capabilities;

   Inserted: (B) provide for the continuous monitoring of the nuclear program of Iran under a strict verification regime, including inspections at any time or place;

   Inserted: (C) result in Iran surrendering its supply of enriched material to the International Atomic Energy Agency;

   Inserted: (D) prevent any operation of the reactor in Arak; and

   Inserted: (E) require that Iran sign and abide by the Protocol Additional to the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna December 18, 2003 (commonly referred to as the "Additional Protocol");

   Inserted: (6) a violation by Iran of any interim or final agreement with respect to the nuclear program of Iran should result in the immediate imposition of comprehensive economic sanctions, including on all petroleum-related exports and additional restrictions on financial and commercial activity by Iran; and

   Inserted: (7) if the Government of Israel is compelled to take military action against Iran in self-defense, the Government of the United States should provide diplomatic, military, and economic support to the Government of Israel in its defense of its territory, people, and existence.

   Inserted: (c) Statement of Policy.--It is the policy of the United States--

   Inserted: (1) to prevent the proliferation of nuclear weapons and material related to nuclear weapons because of the significant negative impact of that proliferation, particularly to countries that do not possess nuclear weapons, including Iran, on the national security and economic interests of the United States and other countries;

   Inserted: (2) to ensure that the proliferation of nuclear weapons and material related to nuclear weapons be strictly restricted;

   Inserted: (3) to ensure that countries that do not possess nuclear weapons, including Iran, do not obtain nuclear weapons;

   Inserted: (4) to take such actions as may be necessary to implement the policy described in paragraph (3);

   Inserted: (5) to ensure that Iran ceases all domestic uranium enrichment and reprocessing technology development, installation, and operation;

   Inserted: (6) to ensure that Iran ceases all plutonium-related activities and dismantles all plutonium-related facilities; and

   Inserted: (7) that any negotiated agreement with the Government of Iran regarding its nuclear program, whether interim or otherwise, must--

   Inserted: (A) include clear, measurable, and verifiable requirements for the Government of Iran to substantially and effectively terminate any activities that may be related to the development of a nuclear weapons capability before any existing sanctions or other measures with respect to Iran are modified, whether temporarily or otherwise; and

   Inserted: (B) because of the significant impact of such an agreement on the national security and economic interests of the United States, including the impact on commerce, trade, and sanctions policy, be submitted to Congress and be subject to a congressional resolution of disapproval.

   Inserted: SEC. 1242. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Account; correspondent account; payable-through account.--The terms "account", "correspondent account", and "payable-through account" have the meanings given those terms in section 5318A of title 31, United States Code.

   Inserted: (2) Agricultural commodity.--The term "agricultural commodity" has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

   Inserted: (3) Appropriate congressional committees.--The term "appropriate congressional committees" means--

   Inserted: (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

   Inserted: (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.

   Inserted: (4) Foreign financial institution.--The term "foreign financial institution" has the meaning determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)).

   Inserted: (5) Knowingly.--The term "knowingly", with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

   Inserted: (6) Medical device.--The term "medical device" has the meaning given the term "device" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

   Inserted: (7) Medicine.--The term "medicine" has the meaning given the term "drug" in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

   Inserted: (8) National balance sheet.--The term "national balance sheet of Iran" refers to the ratio of the assets of the Government of Iran to the liabilities of that Government.

   Inserted: SEC. 1243. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS THAT PROVIDE THE GOVERNMENT OF IRAN ACCESS TO ASSETS OF THAT GOVERNMENT OR UNDERWRITING, INSURANCE, OR REINSURANCE SERVICES.

   Inserted: (a) Prohibition on Providing Access to or Use of Certain Assets.--Notwithstanding any other provision of law, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly, on or after the date of the enactment of this Act, directly or indirectly provided to a person described in subsection (c) access to, the use of, or the ability to make a payment with, any asset, fund, or account owned or controlled by, or owed to, that person or another person described in subsection (c).

   Inserted: (b) Prohibition on Providing Underwriting, Insurance, and Reinsurance.--

   Inserted: (1) In general.--Notwithstanding any other provision of law, the President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of this Act, provides underwriting services or insurance or reinsurance to a person described in subsection (c).

   Inserted: (2) Treatment of sanctions relating to importation of goods.--The requirement to impose sanctions under paragraph (1) shall not include the authority to impose sanctions relating to the importation of goods under paragraph (8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, and any sanction relating to the importation of goods shall not count for purposes of the requirement to impose sanctions under paragraph (1).

   Inserted: (3) Exception for underwriters and insurance providers exercising due diligence.--The President may not impose sanctions under paragraph (1) with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for a person described in subsection (c).

   Inserted: (c) Person Described.--A person described in this subsection is any of the following:

   Inserted: (1) The state and the Government of Iran, or any political subdivision, agency, or instrumentality of that Government, including the Central Bank of Iran.

   Inserted: (2) Any person owned or controlled, directly or indirectly, by that Government.

   Inserted: (3) Any person acting or purporting to act, directly or indirectly, for or on behalf of that Government.

   Inserted: (4) Any other person determined by the President to be described in paragraph (1), (2), or (3).

   Inserted: SEC. 1244. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, SUPPLY, OR TRANSFER OF CERTAIN GOODS AND SERVICES TO OR FROM IRAN.

   Inserted: (a) In General.--Notwithstanding any other provision of law, the President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of this Act, sells, supplies, or transfers to Iran, directly or indirectly, a good or service that is a type of good or service that is--

   Inserted: (1) used by Iran as a medium for barter, swap, or any other exchange or transaction; or

   Inserted: (2) listed as an asset of the Government of Iran for the purpose of the national balance sheet of Iran.

   Inserted: (b) Treatment of Sanctions Relating to Importation of Goods.--The requirement to impose sanctions under subsection (a) shall not include the authority to impose sanctions relating to the importation of goods under paragraph (8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, and any sanction relating to the importation of goods shall not count for purposes of the requirement to impose sanctions under subsection (a).

   Inserted: SEC. 1245. HUMANITARIAN EXCEPTION.

   Inserted: The President may not impose sanctions under this subtitle with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran.

   Inserted: SEC. 1246. SUSPENSION OF SANCTIONS.

   Inserted: (a) In General.--The President may suspend the imposition of sanctions under this subtitle if the President determines and reports to the appropriate congressional committees that Iran has--

   Inserted: (1) suspended all enrichment, reprocessing, and heavy water-related activities and facility construction;

   Inserted: (2) suspended any activity related to ballistic missiles capable of delivering nuclear weapons, including any launch using ballistic missile technology;

   Inserted: (3) ratified and begun to make substantial efforts toward the full implementation of the Protocol Additional to the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna December 18, 2003 (commonly referred to as the "Additional Protocol");

   Inserted: (4) fully cooperated with the International Atomic Energy Agency on all outstanding issues, particularly those that give rise to concerns about the possible military dimensions of the Iranian nuclear program; and

   Inserted: (5) fulfilled its obligations pursuant to United Nations Security Council Resolution 1929 (2010).

   Inserted: (b) Reinstatement of Sanctions.--If the President, during a period in which the President has suspended sanctions under subsection (a), receives information from any entity, including the International Atomic Energy Agency, the Secretary of Defense, the Secretary of State, the Secretary of Energy, or the Director of National Intelligence, that Iran has, since the suspension of sanctions took effect, engaged in any enrichment, reprocessing, heavy water, or ballistic missile-related activity or construction, or has refused to cooperate in any way with the requests of the International Atomic Energy Agency, the President shall--

   Inserted: (1) not later than 10 days after receiving the information, determine whether the information is credible and accurate;

   Inserted: (2) notify the appropriate congressional committees of that determination; and

   Inserted: (3) if the President determines that the information is credible and accurate, not later than 5 days after that determination, reinstate the sanctions suspended under subsection (a).

   Original wording

   At the end of title XII, add the following:

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As printed