Prevent Iran from Acquiring Nuclear Weapons and Stop War Through Diplomacy Act - Directs the President to appoint a high-level U.S. representative or special envoy who shall: (1) seek to ease tensions and normalize relations between the United States and Iran, (2) lead U.S. diplomatic efforts with regard to Iran, and (3) act as liaison with U.S. and international intelligence agencies.
Directs the Secretary of State to: (1) rescind the no contact policy with Iran, and (2) establish an office in the Department of State to support the work of the representative or special envoy.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4173 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4173
To direct the President of the United States to appoint a high-level
United States representative or special envoy for Iran for the purpose
of ensuring that the United States pursues all diplomatic avenues to
prevent Iran from acquiring a nuclear weapon, to avoid a war with Iran,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2012
Ms. Lee of California (for herself, Mr. Jones, Mr. Conyers, Ms.
Woolsey, Mr. Kucinich, Ms. Waters, Mr. Stark, Mr. Ellison, Mr. Filner,
and Ms. Jackson Lee of Texas) introduced the following bill; which was
referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To direct the President of the United States to appoint a high-level
United States representative or special envoy for Iran for the purpose
of ensuring that the United States pursues all diplomatic avenues to
prevent Iran from acquiring a nuclear weapon, to avoid a war with Iran,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Iran from Acquiring Nuclear
Weapons and Stop War Through Diplomacy Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In his Nobel Peace Prize acceptance speech on December
10, 2009, President Obama said, ``I know that engagement with
repressive regimes lacks the satisfying purity of indignation.
But I also know that sanctions without outreach--and
condemnation without discussion--can carry forward a crippling
status quo. No repressive regime can move down a new path
unless it has the choice of an open door.''
(2) In his address to the American Israel Public Affairs
Committee on March 4, 2012, President Obama said, ``I have said
that when it comes to preventing Iran from obtaining a nuclear
weapon, I will take no options off the table, and I mean what I
say. That includes all elements of American power. A political
effort aimed at isolating Iran; a diplomatic effort to sustain
our coalition and ensure that the Iranian program is monitored;
an economic effort to impose crippling sanctions; and, yes, a
military effort to be prepared for any contingency.''
(3) While the Obama Administration has rejected failed
policies of the past by engaging in negotiations with Iran
without preconditions, only four of such meetings have
occurred.
(4) Official representatives of the United States and
official representatives of Iran have held only two direct,
bilateral meetings in over 30 years, both of which occurred in
October 2009, one on the sidelines of the United Nations
Security Council negotiations in Geneva, and one on the
sidelines of negotiations brokered by the United Nations
International Atomic Energy Agency (referred to in this Act as
the ``IAEA'') in Vienna.
(5) All of the outstanding issues between the United States
and Iran cannot be resolved instantaneously. Resolving such
issues will require a robust, sustained effort.
(6) Under the Department of State's current ``no contact''
policy, officers and employees of the Department of State are
not permitted to make any direct contact with official
representatives of the Government of Iran without express prior
authorization from the Secretary of State.
(7) On September 20, 2011, then-Chairman of the Joint
Chiefs of Staff Admiral Mike Mullen, called for establishing
direct communications with Iran, stating, ``I'm talking about
any channel that's open. We've not had a direct link of
communication with Iran since 1979. And I think that has
planted many seeds for miscalculation. When you miscalculate,
you can escalate and misunderstand.''
(8) On November 8, 2011, the IAEA issued a report about
Iran's nuclear program and expressed concerns about Iran's past
and ongoing nuclear activities.
(9) On December 2, 2011, Secretary of Defense Leon Panetta
warned that an attack on Iran would result in ``an escalation
that would take place that would not only involve many lives,
but I think it could consume the Middle East in a confrontation
and a conflict that we would regret.''
SEC. 3. STATEMENT OF POLICY.
It should be the policy of the United States--
(1) to prevent Iran from pursuing or acquiring a nuclear
weapon and to resolve the concerns of the United States and of
the international community about Iran's nuclear program and
Iran's human rights obligations under international and Iranian
law;
(2) to ensure inspection of cargo to or from Iran, as well
as the seizure and disposal of prohibited items, as authorized
by United Nations Security Council Resolution 1929 (June 9,
2010);
(3) to pursue sustained, direct, bilateral negotiations
with the Government of Iran without preconditions in order to
reduce tensions, prevent war, prevent nuclear proliferation,
support human rights, and seek resolutions to issues that
concern the United States and the international community;
(4) to utilize all diplomatic tools, including direct
talks, targeted sanctions, Track II diplomacy, creating a
special envoy described in section 4, and enlisting the support
of all interested parties, for the purpose of establishing an
agreement with Iran to put in place a program that includes
international safeguards, guarantees, and robust transparency
measures that provide for full IAEA oversight of Iran's nuclear
program, including rigorous, ongoing inspections, in order to
verify that Iran's nuclear program is exclusively for peaceful
purposes and that Iran is not engaged in nuclear weapons work;
(5) to pursue opportunities to build mutual trust and to
foster sustained negotiations in good faith with Iran,
including pursuing a fuel swap deal to remove quantities of low
enriched uranium from Iran and to refuel the Tehran Research
Reactor, similar to the structure of the deal that the IAEA,
the United States, China, Russia, France, the United Kingdom,
and Germany first proposed in October 2009;
(6) to explore areas of mutual benefit to both Iran and the
United States, such as regional security, the long-term
stabilization of Iraq and Afghanistan, the establishment of a
framework for peaceful nuclear energy production, other
peaceful energy modernization programs, and counter-narcotics
efforts; and
(7) that no funds appropriated or otherwise made available
to any executive agency of the Government of the United States
may be used to carry out any military operation or activity
against Iran unless the President determines that a military
operation or activity is warranted and seeks express prior
authorization by Congress, as required under article I, section
8, clause 2 of the United States Constitution, which grants
Congress the sole authority to declare war, except that this
requirement shall not apply to a military operation or
activity--
(A) to directly repel an offensive military action
launched from within the territory of Iran against the
United States or any ally with whom the United States
has a mutual defense assistance agreement;
(B) in hot pursuit of forces that engage in an
offensive military action outside the territory of Iran
against United States forces or an ally with whom the
United States has a mutual defense assistance agreement
and then enter into the territory of Iran; or
(C) to directly thwart an imminent offensive
military action to be launched from within the
territory of Iran against United States forces or an
ally with whom the United States has a mutual defense
assistance agreement.
SEC. 4. APPOINTMENT OF HIGH-LEVEL U.S. REPRESENTATIVE OR SPECIAL ENVOY.
(a) Appointment.--At the earliest possible date, the President, in
consultation with the Secretary of State, shall appoint a high-level
United States representative or special envoy for Iran.
(b) Criteria for Appointment.--The President shall appoint an
individual under subsection (a) on the basis of the individual's
knowledge and understanding of the issues regarding Iran's nuclear
program, experience in conducting international negotiations, and
ability to conduct negotiations under subsection (c) with the respect
and trust of the parties involved in the negotiations.
(c) Duties.--The high-level United States representative or special
envoy for Iran shall--
(1) seek to facilitate direct, unconditional, bilateral
negotiations with Iran for the purpose of easing tensions and
normalizing relations between the United States and Iran;
(2) lead the diplomatic efforts of the Government of the
United States with regard to Iran;
(3) consult with other countries and international
organizations, including countries in the region, where
appropriate and when necessary to achieve the purpose set forth
in paragraph (1);
(4) act as liaison with United States and international
intelligence agencies where appropriate and when necessary to
achieve the purpose set for in paragraph (1); and
(5) ensure that the bilateral negotiations under paragraph
(1) complement the ongoing international negotiations with
Iran.
SEC. 5. DUTIES OF THE SECRETARY OF STATE.
(a) Elimination of ``No Contact'' Policy.--Not later than 30 days
after the date of enactment of this Act, the Secretary of State shall
rescind the ``no contact'' policy that prevents officers and employees
of the Department of State from making any direct contact with official
representatives of the Government of Iran without express prior
authorization from the Secretary of State.
(b) Office of High-Level U.S. Representative or Special Envoy.--Not
later than 30 days after the appointment of a high-level United States
representative or special envoy under section 4(a), the Secretary of
State shall establish an office in the Department of State for the
purpose of supporting the work of the representative or special envoy.
SEC. 6. REPORTING TO CONGRESS.
(a) Reports.--Not later than 60 days after the high-level United
States representative or special envoy for Iran is appointed under
section 4, and every 180 days thereafter, the United States
representative or special envoy shall report to the committees set
forth in subsection (b) on the steps that have been taken to facilitate
direct, bilateral diplomacy with the government of Iran under section
4(c). Each such report may, when necessary or appropriate, be submitted
in classified and unclassified form.
(b) Committees.--The committees referred to in subsection (a) are--
(1) the Committee on Appropriations, the Committee on
Foreign Affairs, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Appropriations, the Committee on
Foreign Relations, the Committee on Armed Services, and the
Select Committee on Intelligence of the Senate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for each of fiscal years 2012 and 2013.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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