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The Iran Nuclear Agreement Continues to Draw Congressional Attention

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Washington Report on Middle East Affairs, June/July 2021, pp. 30-32

Congress Watch

By Shirl McArthur

PRESIDENT JOSEPH BIDEN’S call for returning to the Joint Comprehensive Plan of Action (JCPOA) continues to draw congressional attention, with Republicans and some Democrats opposing a return to the agreement. Most of the action has been in the form of congressional letters to Biden or Secretary of State Antony Blinken and, after AIPAC’s pressure, most have opposed returning to the agreement.

Of the negative letters, the most supported one, sent March 9 and likely drafted by AIPAC, was signed by 140 representatives of both parties, led by Reps. Michael Waltz (R-FL) and Anthony Brown (D-MD). In promoting the unrealistic position that any agreement with Iran must resolve all issues between the two countries, the motive behind the letter was probably to scuttle any chance of an agreement, a position remarkably similar to that of Israeli Prime Minister Binyamin Netanyahu. A Senate letter adopting a similar maximalist position, also strongly pushed by AIPAC, was sent March 25 and signed by 43 senators, led by Sens. Bob Menendez (D-NJ) and Lindsey Graham (R-SC), both of whom also opposed the JCPOA when it was originally signed during the Obama administration.

In further opposition to returning to the JCPOA, a House letter was sent March 11 and signed by 24 representatives, led by House Foreign Affairs Committee ranking Republican, Rep. Michael McCaul (R-TX). It urges improvements to the JCPOA rather than resolving all issues with Iran. (McCaul did not sign the Waltz/Brown letter.) On April 6, four senators, led by Sen. James Inhofe (R-OK), signed a letter to Biden opposing “any attempt to return to the failed” JCPOA.

Positively, on April 13, Sens. Tim Kaine (D-VA) and Chris Murphy (D-CT) led 27 senators in signing a letter to Biden saying that one of his “early pressing national security priorities should be to return to the JCPOA to address the threat posed by Iran’s nuclear program.”

Most of the previously described bills and resolutions concerning the agreement have received little support. Even S. 434, the “Iran Diplomacy” bill seeking a diplomatic resolution to Iran’s nuclear program, introduced in February by Sen. Edward Markey (D-MA), still has only 10 cosponsors. It says that, after both Iran and the U.S. return to full compliance with their commitments under the JCPOA, the U.S. should lead international efforts to deal with other aspects of Iran’s behavior.

Gaining support were the bills introduced in the House and Senate “to provide for congressional review of actions to terminate or waive sanctions imposed with respect to Iran.” S. 488, introduced in February by Sen. Bill Hagerty (R-TN), now has 34 cosponsors, and H.R. 1699, introduced in March by McCaul, has 50 cosponsors. On April 19, Sen. Marsha Blackburn (R-TN) with 10 cosponsors, introduced S. 1205 to prohibit the use of funds to rejoin the JCPOA “unless the president commits to submitting any successor agreement to the Senate for its advice and consent as a treaty,” rather than as an international agreement. H.R. 1479, introduced in March by Rep. Andy Barr (R-KY), with a provision similar to S. 1205, now has six cosponsors.

The non-binding H.Res. 214, expressing the sense of the House “that Iran must cease enriching uranium to 20 percent purity and abandon its pursuit of a nuclear weapon,” introduced in March by Rep. Elaine Luria (D-VA), now has 11 cosponsors.

The previously described Iran sanctions bills have made little progress, but two new ones were introduced. The one gaining the most support is H.R. 2718, introduced April 21 by Rep. Jim Banks (R-IN), “to impose additional sanctions with respect to Iran and modify other existing sanctions with respect to Iran.” It has 109 cosponsors, all Republicans. Also, on March 19, Rep. Joe Wilson (R-SC) and two cosponsors introduced H.R. 2117 “to require the president to make a determination with respect to the application of sanctions with respect to” certain Iranian officials.

On March 19, Rep. Gregory Steube (R-FL) and two cosponsors introduced H.R. 2113 “to impose sanctions with respect to Kata’ib Sayyid al-Shuhada” (an Iranian-backed militia operating in Iraq). 

MCCOLLUM INTRODUCES THE “PALESTINIAN CHILDREN AND FAMILIES” BILL

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Rep. Betty McCollum (D-MN) introduced bills in previous congresses “Promoting Human Rights for Palestinian Children Living Under Israeli Military Occupation.”  For the 117th Congress she went further. On April 15, she introduced H.R. 2590, the “Palestinian Children and Families” bill, “to promote and protect the human rights of Palestinians living under Israeli military occupation and to ensure that U.S. taxpayer funds are not used by the government of Israel to support the military detention of Palestinian children, the unlawful seizure, appropriation and destruction of Palestinian property, and forcible transfer of civilians in the West Bank, or further annexation of Palestinian land in violation of international law.” It has 24 cosponsors.

The bill is supported by over 70 human rights organizations, but Israel’s members of Congress are outraged that anyone should think to condition or possibly limit U.S. aid to Israel. In fact, back in March, a key AIPAC lobbying agenda item was to strongly support continuing U.S. aid to Israel at current levels and oppose any conditions. The result of AIPAC’s pressure was the April 22 letter to House Appropriations Committee leaders signed by 330 Representatives, led by Reps. Ted Deutch (D-FL) and McCaul, saying that “reducing funding or adding conditions on security assistance would be detrimental to Israel’s ability to defend itself.”

For the past few congresses, Israel’s staunch congressional supporters have introduced measures targeting Palestinian educational materials, and this Congress is no exception. On April 5, Rep. Brad Sherman (D-CA) with four cosponsors introduced H.R. 2374, the “Peace and Tolerance in Palestinian Education” bill. It would “require the Secretary of State to submit annual reports reviewing the educational material used by the Palestinian Authority.”

On April 12, Rep. Marjorie Taylor Greene (R-GA) and six cosponsors introduced H.R. 2445 “to prohibit assistance to the West Bank and Gaza that directly benefits the Palestinian Authority.”

In a rare congressional response to the escalating violence in Gaza, Jerusalem and the West Bank and the wanton civilian death, on May 13, the floor of the House of Representatives called a “special order hour.” It was organized by Rep. Mark Pocan (D-WI), former co-chair of the Congressional Progressive Caucus, who said, “Today, my colleagues and I stood up because no one should suffer the loss of life, liberty, or dignity that the Palestinian people have suffered. If you are neutral in situations of injustice, you have chosen the side of the oppression. 

He was joined by Reps. Ilhan Omar (D-MN), Rashida Tlaib (D-MI), Ayanna Pressley (D-MA), Alexandria Ocasio-Cortez (D-NY), Cori Bush (D-MO), who called for recognition of Palestinian rights, cessation of the violence, and the conditioning of U.S. military aid to Israel. Rep. Betty McCollum of Minnesota rose to criticize the assault on Gaza, as did Reps. André Carson of Indiana, Chuy Garcia of Illinois and Joaquin Castro of Texas.

ANOTHER BILL INTRODUCED TO REPEAL AUTHORIZATIONS FOR USE OF MILITARY FORCE

On March 18, Rep. Mike Gallagher (R-WI) and seven cosponsors introduced H.R. 2014 “to repeal certain outdated authorizations for the use of military force” (AUMF).  The bill would repeal the AUMFs of 1957 (a cold war relic), 1991 (the Gulf War), and 2002 (Iraq). Also, the two bills introduced in January by Rep. Barbara Lee (D-CA), H.R. 255 and H.R. 256, to repeal the AUMFs against al-Qaeda of 2001 and against Iraq of 2002, continue to gain support. H.R. 255 has 58 cosponsors and H.R. 256 has 134 cosponsors.

S.J. Res. 10, introduced in March by Sen. Tim Kaine (D-VA), to repeal the AUMFs of 1991 and 2002 now has 16 cosponsors. H.J. Res. 29, “to amend the War Powers Resolution, introduced in March by Rep. Peter DeFazio (D-OR), now has 19 cosponsors. As DeFazio said in a press release, this legislation “clarifies under the Constitution that any president must seek congressional authorization prior to sending U.S. forces into hostilities, and sets out strict parameters for any future AUMF that Congress might consider.”

On March 19, Sherman introduced H.R. 2108 “to prohibit the use of federal funds in contravention of the War Powers Resolution.” It has 32 cosponsors. The previously described H.R. 1457, introduced in March by Rep. James Himes (D-CT), would simply prohibit funds “for the U.S. Armed Forces to be obligated or expended for introduction of U.S. Armed Forces into hostilities,” now has four cosponsors. 

HOUSE PASSES “NO BAN” BILL

On April 21, the House passed H.R. 1333, introduced Feb. 25 by Rep. Judy Chu (D-CA), the “National Origin-Based Antidiscrimination for Nonimmigrants” (NO BAN) bill, by a vote of 218-208. Rep. Brian Fitzpatrick (R-PA) was the only Republican voting aye. The measure is a direct response to the Muslim ban enacted under the Trump administration. It seeks to ban immigration decisions on the basis of religion and would prevent any future president from enacting something like the Muslim ban by placing appropriate checks on the president’s authority in that area.  When passed it had 159 cosponsors, all Democrats.

NEW BILLS REACT TO REPORTS THAT SAUDI ARABIA SEEKS WMD

The previously described measures, introduced following the release of the Director of National Intelligence report on the assassination of Jamal Khashoggi, have gained no further support. However new anti-Saudi bills were introduced.

Following press reports that Saudi Arabia has acquired ballistic missiles and nuclear infrastructure and technology from China, identical bills were introduced in the House and Senate “to counter Saudi Arabia’s possible pursuit of weapons of mass destruction.” On April 14, Reps. Joaquin Castro (D-TX) and Ted Lieu (D-CA) introduced H.R. 2506, and on April 15 Sens. Markey and Jeff Merkley (D-OR) introduced S. 1146.

Similarly, on April 15, Sen. Robert Menendez (D-NJ) with two cosponsors, introduced S. 1182 “to ensure that sales of F-35 aircraft do not compromise the qualitative military edge of the U.S. or Israel.”

LIBYA STABILIZATION BILLS MAKE LIMITED PROGRESS 

The identical “Libya Stabilization” bills introduced in February in the House and Senate, “to advance a diplomatic solution to the conflict in Libya and support the people of Libya,” have made some progress. H.R. 1228, introduced by Rep. Ted Deutch (D-FL) now has 12 cosponsors and was ordered to be reported out to the full House by the Foreign Affairs Committee. But S. 379, introduced by Sen. Chris Coons (D-DE), still has only three cosponsors. 


Shirl McArthur is a retired foreign service officer. He lives in the Washington, DC metropolitan area.