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..................................................................... (Original Signature of Member)

113TH CONGRESS 1ST SESSION

H. R. ll

To prevent the Government of Iran from gaining a nuclear weapons capability and to maximize the United States diplomatic influence to achieve, consistent with the national security interest of the United States and its allies and partners, a negotiated settlement with the Government of Iran regarding Irans nuclear weapons program.

IN THE HOUSE OF REPRESENTATIVES

Mr. FRANKS of Arizona introduced the following bill; which was referred to the Committee on llllllllllllll

A BILL
To prevent the Government of Iran from gaining a nuclear weapons capability and to maximize the United States diplomatic influence to achieve, consistent with the national security interest of the United States and its allies and partners, a negotiated settlement with the Government of Iran regarding Irans nuclear weapons program. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

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2 1 2
SECTION 1. SHORT TITLE.

This Act may be cited as the United States-Iran Nu-

3 clear Negotiations Act. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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SEC. 2. FINDINGS.

Congress findings the following: (1) After a 30-year formal diplomatic relations drought and decades of repeated and direct threats to the United States, Iran and the United States recently exchanged communication between high-ranking government officials with the stated intent to accelerate negotiations and relations. (2) Since at least the late 1980s, Iran has engaged in a sustained and well-documented pattern of illicit and deceptive activities to acquire a nuclear weapons capability and has provided weapons, training, funding, and direction to terrorist groups. (3) Iran already possesses the necessary

amount of low- and medium-enriched uranium that, if enriched further to weapons-grade level, can produce several nuclear weapons. (4) Iran has the advanced nuclear facilities and technology to carry out weapons-grade enrichment and the infrastructure to assemble, house and launch long-range ballistic weapons. (5) Since September 2005, the International Atomic Energy Agency (IAEA) has found Iran to be
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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in non-compliance with its safeguards agreement, which Iran is obligated to adhere to as a non-nuclear-weapon State Party to the Treaty on the NonProliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970. (6) The United Nations Security Council (UNSC) has adopted multiple resolutions since 2006 demanding Irans full and sustained suspension of all uranium enrichment-related and reprocessing activities and Irans full cooperation with the IAEA on all outstanding issues related to its nuclear activities, particularly those concerning the possible military utilizations of its nuclear program. (7) On July 31, 2006, the UNSC adopted Resolution 1696 that calls on Tehran to suspend its enrichment program and verify its compliance with the IAEA Board of Governors requirements. (8) On December 23, 2006, the UNSC adopted Resolution 1737 in response to Irans failure to comply with Resolution 1696 and requires Iran to suspend uranium enrichment and heavy-water reactor projects, and take other confidence-building measures.

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (9) On March 24, 2007, the UNSC adopted Resolution 1747 as a result of Irans failure to comply with the previous two resolutions. It calls on Iran to take measures required by the IAEA Board of Governors and outlined in Resolution 1737 to verify that its nuclear program has only peaceful purposes and to reach a long-term comprehensive agreement with the P5+1 nations (the United States, the United Kingdom, France, Russia, China, and Germany). (10) On March 3, 2008, the UNSC adopted Resolution 1803 as a response to Irans decision to not abide by previous resolutions and calls for Iran to halt its enrichment program and comply with previous UNSC and IAEA resolutions. (11) On September 27, 2008, the UNSC adopted Resolution 1835 which reaffirms the four previous resolutions. (12) On June 9, 2010, the UNSC adopted Resolution 1929 which reiterates the UNSCs demands from previous resolutions that Iran halt all enrichment activity and to cooperate with IAEA efforts to determine that Iran does not have a nuclear weapons program.

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (13) On June 9, 2011, the UNSC adopted Resolution 1984 which recalls all previous resolutions and extends the mandate of the Panel of Experts that monitors sanctions on Irans nuclear program for a period of one year. (14) On June 7, 2012, the UNSC adopted Resolution 2049 which extends the mandate of the Panel of Experts to monitor the implementation of international sanctions against Iran and to provide several reports on compliance with international sanctions. (15) Congress has passed and the President has signed into law legislation imposing significant economic and diplomatic sanctions to pressure Iran to abandon its pursuit of nuclear weapons and end its support for terrorism. (16) The Department of State has designated Iran as a state sponsor of terrorism since 1984 and for the past decade has characterized Iran as the most active state sponsor of terrorism in the world. (17) During the State of the Union Address on January 24, 2012, President Barack Obama stated, Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I

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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 will take no options off the table to achieve that goal.. (18) On March 4, 2012, President Obama stated, Irans leaders should understand that I do not have a policy of containment; I have a policy to prevent Iran from obtaining a nuclear weapon.. (19) On October 22, 2012, President Obama said of Iran, The clock is ticking. . .And were going to make sure that if they do not meet the demands of the international community, then we are going to take all options necessary to make sure they dont have a nuclear weapon.. (20) Irans illicit pursuit and development of nuclear weapons and its foreign policy conduct and actions constitute a grave threat to regional stability, world peace, global economy and energy markets, and the national security interests of the United States and its allies and partners. (21) A nuclear weapons-capable Iran, with intercontinental ballistic capabilities, would pose a direct nuclear and high altitude electromagnetic pulse (HEMP) threat to the United States and its allies. (22) A nuclear weapons-capable Iran would likely lead directly to the proliferation of nuclear

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7 1 2 3 4 5 6 weapons in such nearby powers as Saudi Arabia, Egypt, and Turkey, thus increasing the risk of regional nuclear confrontation.
SEC. 3. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.

(a) STATEMENT

OF

POLICY.It is the policy of Con-

7 gress that it is in the national security interest of the 8 United States and its allies and partners to ensure the 9 following objectives with respect to Iran are achieved: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Iran permanently halts all uranium enrichment and identifies all sites where such enrichment is occurring. (2) Iran removes, and transfers to a third party under the auspices of the International Atomic Energy Agency (IAEA), all uranium enriched to a 20 percent and higher threshold. (3) Iran closes the uranium enrichment facility at Fordow, near Qom, Iran. (4) Iran ceases developing reactors capable of producing plutonium and ceases the importation and domestic manufacturing of all centrifuges for enriching uranium. (b) SENSE OF CONGRESS. (1) IN
GENERAL.It

is the sense of Congress

that if the objectives described in paragraphs (1)

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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through (4) of subsection (a) are met, it shall be the policy of the United States to enter into a negotiated settlement regarding nuclear activities in Iran that includes the terms described in paragraph (2) of this subsection. (2) TERMS
DESCRIBED.The

terms referred to

in paragraph (1) are the following: (A) Iran reaffirms its commitment to the Treaty on the Non-Proliferation of Nuclear Weapons, signed in Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970. (B) Iran ceases the development and testing of long-range ballistic weapons. (C) Iran permits unfettered access by IAEA officials to inspect and verify its compliance to IAEA safeguards and the IAEA Board of Governors obligations. (D) Iran ceases to provide weapons, training, funding, and direction to terrorist groups, including Hamas, Hezbollah, Shiite militias in Iraq, and the regime of Bashar al Assad in Syria. (E) Iran demonstrates peaceful foreign policy conduct and actions and issues full rec-

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9 1 2 3 4 5 6 7 ognition of its neighbors sovereignty, including Israel. (F) Iran ceases all threats against the United States and Israel.
SEC. 4. MILITARY READINESS AND CONGRESSIONAL CONSENT.

(a) DECLARATION

OF

POLICY.Congress declares

8 that the United States is wholly capable, willing, and 9 ready to use military force to prevent Iran from obtaining 10 or developing a nuclear weapons capability. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (b) CONGRESSIONAL CONSENT. (1) IN
GENERAL.To

maximize the Adminis-

trations diplomatic leverage to achieve, consistent with the national security interests of the United States and its allies and partners, a negotiated settlement with the Government of Iran regarding Irans nuclear weapons program, and consistent with the Presidents authority under Article II, Section 2 of the Constitution and pursuant to the War Powers Resolution (50 U.S.C. 1541 et seq.), at such time when the President determines that (A) Iran is using the cover of diplomacy to continue advancing its nuclear program to acquire a nuclear weapons capability,

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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (B) diplomatic efforts have failed to mitigate Irans nuclear enrichment program in documented, inspected, and verifiable ways, or (C) Iran poses a threat to the national security interests of the United States and its allies and partners, Congress hereby acknowledges that this Act constitutes current consultation with the President on Iran in order to provide for swift application of all options to prevent Iran from obtaining a nuclear weapons capability and provides consent to the necessary and appropriate use of force against legitimate targets in Iran to achieve the objectives described in paragraph (2). (2) OBJECTIVES
DESCRIBED.The

objectives

referred to in paragraph (1) are the following: (A) Enforce all relevant United Nations Security Council resolutions regarding Iran. (B) Deter the development of nuclear weapons in order to protect the national security interests of the United States and to protect United states allies and partners against the development and transfer of such weapons to rogue regimes and non-state actors.

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11 1 2 3 4 5 6 (C) Degrade Irans capacity to develop such weapons in the future.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO IRAN.

(a) AUTHORIZATION
TIONS.If

FOR THE IMPOSITION OF

SANC-

any business, firm, or entity has not termi-

7 nated the provision of goods, services, or technology in 8 Iran or with any Iranian-controlled entity, the President 9 may 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) prohibit that business, firm, or entity from receiving any United States Government contract or accessing United States capital markets; and (2) in the case of a business, firm, or entity that is a foreign financial institution, prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or payable-through account by the business, firm, or entity. (b) DEFINITIONS.In this section: (1) BUSINESS,
FIRM, OR ENTITY.The

term

business, firm, or entity (A) means a partnership, association, trust, joint venture, corporation, company, governmental, quasi-governmental or non-governmental body, affiliate or other organization; and

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12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (B) includes any affiliate, subsidiary, or branch thereof. (2) IRAN.The term Iran means the Government of the Islamic Republic of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government. (3) IRANIAN-CONTROLLED
ENTITY.The

term

Iranian-controlled entity means a partnership, association, trust, joint venture, corporation, affiliate or other organization in which the Government of Iran (A) holds more than 50 percent of the equity interest by vote or value in the entity; (B) holds a majority of seats on the board of directors of the entity; or (C) otherwise controls the actions, policies, or personnel decisions of the entity.

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