[Congressional Record (Bound Edition), Volume 161 (2015), Part 10]
[Senate]
[Page 13435]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE RESOLUTION 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

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

                              S. Res. 238

       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.

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