[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 238 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
S. RES. 238

  Expressing the determination of the Senate that the 60-calendar day 
period for congressional review of the nuclear agreement with Iran did 
   not begin with the transmittal of the agreement on July 19, 2015, 
 because that transmittal did not include all materials required to be 
 transmitted pursuant to the Iran Nuclear Agreement Review Act of 2015.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2015

Mr. Cruz submitted the following resolution; which was referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the determination of the Senate that the 60-calendar day 
period for congressional review of the nuclear agreement with Iran did 
   not begin with the transmittal of the agreement on July 19, 2015, 
 because that transmittal did not include all materials required to be 
 transmitted pursuant to the Iran Nuclear Agreement Review Act of 2015.

Whereas section 135(a) of the Atomic Energy Act of 1954, as added by section 2 
        of the Iran Nuclear Agreement Review Act of 2015 (Public Law 114-17), 
        states that ``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 . . 
        . the agreement, as defined in subsection (h)(1), including all related 
        materials and annexes;'';
Whereas, under section 135(h)(1) of such Act (as so added), the term 
        ``agreement'' is defined as ``an agreement related to the nuclear 
        program of Iran that includes the United States, commits the United 
        States to take action, or pursuant to which the United States commits or 
        otherwise agrees to take action, regardless of the form it takes, 
        whether a political commitment or otherwise, and regardless of whether 
        it is legally binding or not, including any joint comprehensive plan of 
        action entered into or made between Iran and any other parties, and any 
        additional materials related thereto, including annexes, appendices, 
        codicils, side agreements, implementing materials, documents, and 
        guidance, technical or other understandings, and any related agreements, 
        whether entered into or implemented prior to the agreement or to be 
        entered into or implemented in the future.'';
Whereas section 135(b)(1) of such Act (as so added) states that ``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.'';
Whereas section 135(b)(2) of such Act (as so added) states that ``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.'';
Whereas section 135(b)(3) of such Act (as so added) states that ``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).'';
Whereas the Joint Comprehensive Plan of Action was agreed to on July 14, 2015, 
        by the nations of China, France, Russia, the United Kingdom, Germany, 
        the United States, and Iran;
Whereas the Department of State asserted that it had transmitted to Congress the 
        Joint Comprehensive Plan of Action, its annexes, and related materials 
        on July 19, 2015;
Whereas Senator Tom Cotton of Arkansas and Congressman Mike Pompeo of Kansas 
        were informed by officials from the International Atomic Energy Agency 
        of additional side agreements with Iran that were not included in the 
        Department of State's transmission to Congress;
Whereas guidance materials related to sanctions relief, sanctions 
        interpretations, and licensing policy described in the Joint 
        Comprehensive Plan of Action were not included in the Department of 
        State's transmission to Congress; and
Whereas the integrity of the proceedings of the Senate is compromised by the 
        inability of the Senate and its committees to carry out the review 
        provided under section 135(b)(3) of the Atomic Energy Act of 1954 
        because of the absence of all documents required to be transmitted under 
        that section: Now, therefore, be it
    Resolved, That it is the determination of the Senate that--
            (1) for purposes of section 135(b)(2) of the Atomic Energy 
        Act of 1954, as added by section 2 of the Iran Nuclear 
        Agreement Review Act of 2015 (Public Law 114-17), the 60-
        calendar day period for congressional review of the agreement 
        with Iran relating to the nuclear program of Iran did not begin 
        with the transmittal of the agreement on July 19, 2015, because 
        that transmittal did not include all materials required to be 
        transmitted under the definition of the term ``agreement'' 
        under section 135(h)(1) of such Act (as so added), including 
        specifically side agreements with Iran and United States 
        Government-issued guidance materials in relation to Iran; and
            (2) the 60-calendar day period for review of such agreement 
        in the Senate cannot be considered to have begun until the 
        Majority Leader certifies that all of the materials required to 
        be transmitted under the definition of the term ``agreement'' 
        under such Act, including any side agreements with Iran and 
        United States Government-issued guidance materials in relation 
        to Iran, have been transmitted to the Majority Leader.
                                 <all>