Authorizing Military Force if Iran Violates the Nuclear Deal (H. Joint Res. 62)

What is H. Joint Res. 62?

(Updated August 18, 2020)

This resolution would allow the President to use military force against Iran if the country seriously violates the nuclear deal, AKA, the Joint Comprehensive Plan of Action (JCPA). Military action would be used to eliminate Iran's nuclear capabilities. This legislation would function the same way as an authorization of force under the War Powers Resolution.

If the President thinks that an Iranian violation of the JCPA seriously threatens U.S. national security, and decides to use military force, he or she must first notify and work with Congress to ensure that:

• The International Atomic Energy Agency (IAEA) agrees that Iran has failed to comply with its commitments and obligations under the JCPA;

• The United Nations Security Council has re-imposed its sanctions against Iran because the country violated the agreement;

• Congress has the plans (both scope and strategy) for using Armed Forces against Iran.

After this resolution’s enactment, the President would send a report to Congress (at least once every 60 days) detailing armed forces activities and redeployment plans. The authority granted by this legislation would end one year after its enactment — meaning that continued military operations against Iran would require a new authorization.

Argument in favor

Without the threat of military force, Iran is likely to skirt the agreements of the nuclear deal and secretly develop its nuclear capabilities. This doesn’t guarantee that force would even be used, it just establishes a process.

Argument opposed

This resolution would give any President a green light to use military force against Iran without seeking approval from Congress. If the U.S. must use force against Iran, it should be debated and agreed upon at that time — not months or years in advance.

Impact

The U.S. Armed Forces, Iran, U.S. diplomatic relations with Iran and other countries in the JCPA, the IAEA, Congress, and the President.

Cost of H. Joint Res. 62

A CBO cost estimate is unavailable.

Additional Info

In-Depth: In the past, President Obama has noted that all options are on the table to keep Iran from creating a nuclear weapon — including an attack by the U.S. military. But in the lead up to the nuclear deal, the administration has softened its stance to emphasize that “military action would likely insure that Iran would break out and acquire nuclear weapons.”

Critics argue that by pre-authorizing force against Iran, Congress effectively gives the President the power to make the decision unilaterally.

Of Note: Congress has yet to vote on a resolution rejecting the Iran nuclear agreement, and it appears that even if the disapproval resolution succeeds that President Obama could sustain a veto.

Regardless of the political debate, the U.S. military has been preparing itself to deal with any scenario that may emerge, and it now has at its disposal bombs capable of reaching Iran’s underground nuclear facilities.

Media:

• CT Mirror
• The Hill
• Star Tribune (Opposed)
• Jerusalem Post (Context)
• Wall Street Journal (Context)