S.Amdt. 1152Senate114th Congress (2015-2017)
S.Amdt. 1152
Sponsored by
Sen. Ted Cruz (R-TX)
Submitted April 23, 2015
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Senate amendment submitted
April 23, 2015
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Senate amendment submitted
April 23, 2015
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Senate amendment submitted
April 23, 2015
Text
Submitted
SA 1152. Mr. CRUZ (for himself and Mr. Toomey) submitted an amendment intended to be proposed by him 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; which was ordered to lie on the table; as follows: Beginning on page 6, strike line 6 and all that follows through page 27, line 21, and insert the following: ``(b) Review by Congress of Nuclear Agreements With Iran.-- ``(1) In general.--After the President transmits 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.--Notwithstanding any other provision of law, except as provided in paragraph (3) and subsection (c), 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.--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 may be taken, consistent with existing statutory requirements for such action, only if the Congress adopts, and there is enacted, a joint resolution stating in substance that the Congress does favor the agreement. [[Page S2415]] ``(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 President transmits an agreement pursuant to subsection (a), 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 ______