Expressing the sense of the Senate that the congressional review provision of the Iran Nuclear Agreement Review Act of 2015 does not apply to the Joint Comprehensive Plan of Action announced on July 14, 2015, because the President failed to transmit the entire agreement as required by such Act, and that the Joint Comprehensive Plan of Action would only preempt existing Iran sanctions laws as the supreme Law of the Land if ratified by the Senate as a treaty with the concurrence of two thirds of the Senators present pursuant to Article II, section 2, clause 2, of the Constitution or if Congress were to enact new implementing legislation that supersedes the mandatory statutory sanctions that the Joint Comprehensive Plan of Action announced on July 14, 2015, purports to supersede. 

Expressing the sense of the Senate that the congressional review provision of the Iran Nuclear Agreement Review Act of 2015 does not apply to the Joint Comprehensive Plan of Action announced on July 14, 2015, because the President failed to transmit the entire agreement as required by such Act, and that the Joint Comprehensive Plan of Action would only preempt existing Iran sanctions laws as the supreme Law of the Land Whereas the United States Government has enacted and enforced multiple statutes and regulations that impose comprehensive sanctions on Iran and on companies and individuals doing business with Iran; Whereas Article II, section 2, clause 2 of the Constitution provides that the President shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur Whereas Article VI, clause 2 of the Constitution provides that This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land Whereas, on April 28, 2015, 39 Senators voted for Senate Amendment 1150, the purpose of which was To declare that any agreement reached by the President relating to the nuclear program of Iran is deemed a treaty that is subject to the advice and consent of the Senate Whereas, according to subsection (a)(1) of section 135 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2160e Public Law 11417 [n]ot 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 subsection (h)(1) of such section 135 defines the agreement shall 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 such section 135 further provides that a 60-day congressional review period will commence upon the Presidents transmittal of the agreement, including all 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, on July 14, 2015, the Secretary of State announced a multilateral agreement with Iran and six other nations, labeled the Joint Comprehensive Plan of Action (JCPOA), in Annex II of which the United States purports to agree that [t]he United States commits to cease the application, and to seek such legislative action as may be appropriate to terminate, or modify to effectuate the termination of, all nuclear-related sanctions as specified in Sections 4.14.9 below, the Iran Sanctions Act of 1996 (ISA), as amended by Section 102 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA) and Sections 201207 and 311 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (TRA); CISADA, as amended by Sections 214216, 222, 224, 311312, 402403, and 605 of TRA and Section 1249 of the Iran Freedom and Counter-Proliferation Act of 2012 (IFCA); the National Defense Authorization Act for Fiscal Year 2012 (NDAA), as amended by Sections 503504 of TRA and Section 1250 of IFCA Whereas the United States statutes specified in sections 4.1 through 4.9 of Annex II, of which the Joint Comprehensive Plan of Action purports to provide for United States agreement to cease the application Whereas the United States statutes and regulations concerning Iran sanctions include section 2 of CISADA, in which Congress made comprehensive findings of fact concerning Iran, which remain true and accurate today, including that [t]he illicit nuclear activities of the Government of Iran, combined with its development of unconventional weapons and ballistic missiles and its support for international terrorism, represent a threat to the security of the United States, its strong ally Israel, and other allies of the United States around the world Whereas Congress also found in section 2(10) of CISADA that [e]conomic sanctions imposed pursuant to the provisions of this Act, the Iran Sanctions Act of 1996, as amended by this Act, and the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. Whereas, based on the above and other similar statutory findings since 1979, the United States enacted ISA, CISADA, section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 11281 Whereas the Department of Justice has prosecuted, or entered into non-prosecution agreements with, corporations and individuals for Iran sanctions violations under this body of law; Whereas existing legislation includes mandatory sanctions that may only be repealed or amended by law, including CISADA section 104, which provides that the Secretary of the Treasury shall prescribe regulations to prohibit or restrict correspondent accounts for foreign financial institutions that knowingly engage in a prohibited activity, and TRA section 202, which provides that the President shall impose statutorily prescribed sanctions with respect to persons that own, operate, control, or insure vessels used to transport crude oil from Iran to another country; Whereas the President's authority to waive statutorily prescribed sanctions is limited, conditional, and circumscribed by law; Whereas the period of five days for the President to transmit to Congress the agreement with Iran relating to the nuclear program of Iran, agreement with Iran relating to the nuclear program of Iran Whereas the Administration publicly acknowledged on July 22, 2015, that at least two side agreements existed that had not yet been provided to Congress, specifically between the International Atomic Energy Agency (IAEA) and Iran, but has steadfastly refused to provide those agreements; Whereas such section 135 provides that the President shall including all related materials and annexes side agreements Whereas, as a result, the President has never fully transmitted to Congress the agreement with Iran relating to the nuclear program of Iran That it is the sense of the Senate that (1) the congressional review provision under section 135 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2160e Public Law 11417 (2) because the President did not transmit to Congress all related materials and annexes Public Law 11417 (3) in light of the Presidents failure to submit the entire agreement with Iran relating to the nuclear program of Iran, the supreme Law of the Land provided two thirds of the Senators present concur (4) the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 11281 the supreme Law of the Land the supreme Law of the Land (5) the Senate, which has the power to consent to treaties under Article II, section 2, clause 2 of the Constitution, has not and does not consent to the JCPOA, which is therefore not the supreme Law of the Land Public Law 11281

Summary: Declares the sense of the Senate that: the congressional review requirement of the Atomic Energy Act of 1954, as added by the Iran Nuclear Agreement Review Act of 2015 (Act), does not apply to the Joint Comprehensive Plan of Action (JCPA) announced on July 14, 2015, because the President failed to comply with the transmission to Congress requirements; because the President did not transmit to Congress all related materials and annexes within five days of reaching agreement with Iran the congressional review period did not occur, at least not in the manner envisioned by the members of Congress who voted for the Act; in light of the President's failure to submit the entire agreement relating to Iran's nuclear program, including side agreements, to Congress within five days the congressional review requirement by its own terms does not apply to the partial agreement (JCPA), and so for the substance of the transmission to become &quot;the supreme Law of the Land'' it would need either to be treated by the Senate as a treaty or Congress would need to enact new implementing legislation that supersedes the mandatory sanctions the JCPA purports to supersede; the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, the National Defense Authorization Act for Fiscal Year 2012, the Iran Freedom and Counter-Proliferation Act of 2012, and the Iran Threat Reduction and Syria Human Rights Act of 2012 remain &quot;the supreme Law of the Land'' until a Senate-ratified treaty or duly enacted statute repeals or otherwise supersedes them; and the Senate, which has the power to consent to treaties under Article II of the Constitution, has not and does not consent to the JCPA, which is therefore not &quot;the supreme Law of the Land,'' and the President therefore has a constitutional duty to ensure that the Iran sanctions laws continue to be executed faithfully.