[Congressional Record Volume 161, Number 109 (Tuesday, July 14, 2015)]
[House]
[Pages H5167-H5168]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           IRAN NUCLEAR DEAL

  The SPEAKER pro tempore (Mr. Graves of Louisiana). Under the 
Speaker's announced policy of January 6, 2015, the Chair recognizes the 
gentleman from California (Mr. Sherman) for 30 minutes.
  Mr. SHERMAN. Mr. Speaker, I would like to begin by praising Mr. 
Garamendi, the gentleman from California, for this excellent 
presentation on why we should make it in America.
  But I am here today to talk about something that was made in Vienna, 
namely, the Iran nuclear deal. I am going to start with a few 
observations and then get to the heart of my remarks.
  The first observation is that we ought to set the record straight. 
The sanctions that brought Iran to the table were imposed by Congress 
over the objection of the executive branch of government.
  For 30 years, Congress had it right, and for 30 years, the executive 
branch had it wrong. For 30 years, every time we passed sanctions acts, 
they would be argued against and thwarted and watered down due to the 
efforts of several administrations.
  The only time Congress got it wrong is when the House of 
Representatives got it right and passed tough sanctions legislation 
that went over to the Senate where, unfortunately, some in the senior 
body listened to the administrations at the time and failed to pass our 
legislation.
  The second observation I would like to make is that the deal in 
Vienna lifts a number of sanctions which were not imposed as a result 
of Iran's nuclear activity. It provides greater sanctions relief than 
that which was supposed to be provided.
  I, in particular, note that the arms embargo against Iran, an Iran 
that has created so much mischief in Syria, Yemen, and elsewhere, will 
be phased out and the Iran Sanctions Act will be waived. The Iran 
Sanctions Act was passed by the Congress in the early 1990s.
  A review of that bill indicates that only one of three reasons it was 
passed was Iran's work with WMDs. And, of course, weapons of mass 
destruction come in three forms, not only the nuclear, but also the 
chemical and the biological. So I would reckon that only one-ninth of 
the reason Congress passed that bill was Iran's nuclear program, and 
yet those sanctions are being waived.
  And finally, we see that the sanctions relief is so complete that not 
only are we waiving our secondary sanctions and allowing Iran to do 
business with the rest of the world, we are even allowing Iran to 
export to the United States. We won't buy their oil, but we will buy 
the things that we don't need and they couldn't sell anywhere else.
  The next observation I would like to make is that there are those who 
say this deal may only work for about 10 years, but the Iranian 
Government will get better over the next 10 years. Do not hold your 
breath. The whole purpose of sanctions is to put pressure on the 
government, which either causes it to change its policy or creates a 
change in regime. That is what you do when you are trying to force a 
change in government.
  Showering this government with economic benefits is not going to lead 
to its destruction or its eclipse. Look at Tehran. What you see is what 
you get.
  Another observation is about missiles. It is unfortunate that this 
deal will allow Iran, in 8 years, to get more missile technology. There 
is only one reason for them to be working on intercontinental ballistic 
missiles, and that is to deliver a nuclear payload to a different 
continent than their own--namely, ours; namely, Europe. There is no 
other reason. Iran is not trying to fly to the Moon. They are trying to 
get a nuclear device to North America or Europe.
  But let us not be sanguine one way or the other about missiles. A 
nuclear weapon--they vary in size, but they are about the size of a 
person, and you can smuggle one into the United States inside a bale of 
marijuana.
  So while we should be doing everything possible to stop Iran's 
missile program, the heart of our effort has got to be to stop their 
nuclear weapons program. The heart of my speech is to focus on the deal 
from a nuclear weapons perspective.
  Now, the political pundits outside this Capitol are all trying to 
make this an ``evaluate the President'': Are you for him or are you 
against him? Is this a good deal? Did the President do a good job?
  Those questions may be relevant to those seeking ratings on this or 
that cable television channel, but we in Congress have got to deal with 
a completely different question: What should Congress do at this time 
under these circumstances in the real world as it exists today where 
the President has agreed to sign this deal, not as it existed 2 days 
ago, not as it existed a decade ago when we should have been enforcing 
sanctions laws, but what should Congress do today?
  Now, in order to reach that conclusion, we need to look at the 
overall deal and realize that it has different phases. It is a 
different deal over time. So let us look at the deal from the good, the 
bad, and the ugly.
  In the first year, the most important good parts occur. Iran must 
ship 90 percent of its uranium stockpiles out of country and mothball 
two-thirds of the centrifuges. As we craft our policy, we should be 
loathe to give up those two advantages. We must, whenever we focus on 
anything, say, yes, there are some bad parts of this deal, but two-
thirds of the centrifuges, 90 percent of the stockpiles, that is 
something we need to be focused on. So that is the good.
  The bad also occurs in the first year. Iran will get its hands on 
$120 billion-plus of their own money that we have under the sanctions 
been able to freeze in various money centers around the world.
  What will they use this $120 billion for? Part of it will go to help 
their own people because they have raised expectations. A good chunk of 
it will go to graft and corruption in the Iranian regime because it is, 
after all, the Iranian regime. A large portion of that money will go to 
kill Sunni Muslims. Some of them deserve it, most do not. And what is 
left over will be used to kill Americans and Israelis.
  So there is bad in the first year and good in the first year.
  But what is truly ugly occurs after 10 years. After year 10, Iran can 
have an unlimited number of centrifuges of unlimited quality. As the 
President himself says, at that point, their breakout time, the amount 
of time from the day they kick out the inspectors to the day when they 
have enough fissile material for a nuclear weapon, shrinks to virtually 
zero days for the first bomb, a few more days for the second bomb.
  Why is this? Because after 10 years, Iran will be allowed to create a 
huge industrial facility capable of supporting several electric 
generation nuclear plants. It is counterintuitive, but true, that it 
takes an awful lot more enrichment to power a nuclear plant than to 
create a nuclear bomb. In effect, we will be in a situation where it is 
as if Iran has an industrial-sized giant bakery capable of feeding many 
of their cities, and all they need for a nuclear bomb is a bag full of 
breadcrumbs. Obviously, once they go big, once they go industrial, once 
we get to the ugly part of this deal, Iran is a nuclear power--perhaps 
not an admitted nuclear power, but a nuclear power nevertheless.

[[Page H5168]]

  So we are faced with the good, the bad, and the ugly. But the 
question is: What should Congress do?
  One choice before us, and it is, I hope, the choice we will take, is 
to consider a resolution of approval of this deal and to vote it down 
by an overwhelming majority.
  What will this do?
  It will demonstrate for the world that the American people, the 
American Congress, and future administrations are not morally or 
legally bound by this agreement. It will set the stage for a subsequent 
administration to demand that the limits on uranium centrifuges are 
continued well past year 10 of this agreement. So the current 
administration will take advantage of the good, we will suffer the bad, 
but in the future we will not have to deal with the ugly.
  The second approach we can take is to consider a resolution of 
disapproval. Unlike a resolution of approval, a resolution of 
disapproval, if adopted, would have immediate legal effects under U.S. 
law. It would blow a hole in the deal. But as I will get to it, 
possibly the wrong hole and perhaps no hole at all. Because if we were 
to consider a resolution of disapproval, I think it would pass this 
House. I think it might get 60 votes in the other body. The President 
has already announced he will veto it. And then, as far as I can tell, 
we would not override the veto.
  Now, this would have a similar legal effect to us voting down a 
resolution of approval. Overall, the majority of the House and the 
majority of the Senate would have voted to disapprove. But that last 
picture will be a picture of the proponents of this agreement winning 
by not losing more than two-thirds of the vote. That conveys in the 
most confused way the fact that this agreement will not be binding on 
future administrations and future Congresses.
  There is, of course, the possibility that we somehow override a 
Presidential veto. That does not put us back where we were yesterday. 
That does not reinstitute sanctions. That does not create a good 
platform for creating a better deal, because by then many UN sanctions 
will be lifted. Our trading partners in Europe will already be doing 
business. The President will have told the world that Iran is acting 
reasonably and Congress is acting unreasonably.

                              {time}  1815

  Under such circumstance, Iran would get the lion's share of sanctions 
relief. They would be denied some sanctions relief because U.S. law 
would remain in effect.
  But Iran would have every excuse not to deliver the important good 
parts of this deal, not to ship their uranium stockpiles out of the 
country, not to decommission two-thirds of their centrifuges.
  So if we pass over a Presidential veto, a resolution of disapproval, 
we have not blown up the deal and taken us back to where we had the 
deal.
  Rather, we have created a circumstance where Iran has literally split 
the U.S. Government, with Congress pushing in one direction, the 
President pushing in another direction, and every nation in the world 
taking its cue from the President.
  Instead, I suggest that we would be in a stronger position if we 
demonstrate to the world that Congress does not accept this agreement, 
it is not binding on the American people, the President may not be 
legally constrained for the remainder of his term in implementing this 
deal, getting us the good, suffering the bad, but knowing that the ugly 
is something that needs to be confronted by another administration.
  It is another administration that needs to prevent Iran from claiming 
that it will have the right to unlimited centrifuges 10 years from now 
but, instead, demanding a renegotiation of this deal.
  Finally, the sanctions relief promised in Vienna is relief only from 
those sanctions due to Iran's nuclear program. It is not a get-out-of-
jail-free card. It is not a protection and a grant of authority to 
Tehran to engage in all kinds of evil activity in the Middle East and 
elsewhere.
  If Iran continues to support Assad, we need to impose additional 
sanctions for that reason. If they continue to destabilize Yemen, we 
need to impose sanctions for that reason. And we cannot give Iran a 
free pass just because they have entered into this particular deal. 
This is not rapprochement with Iran.
  This is a deal that has, in its first year, the good and the bad and, 
in its 10th year, is so ugly that we have to demand additional 
negotiations.
  When we make that demand, we need to make that demand in the voice of 
a President in a future administration who is determined to say that 
Iran can never have an unlimited number of centrifuges, Iran can never 
have an unlimited quality of centrifuges, Iran can never be a few days 
from a nuclear weapon, and that, in order to prevent that, we have the 
legal right to put all options on the table.
  I yield back the balance of my time.

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