Should Congress Ban the Use of Funds for War Against Iran? (S. 1039)

What is S. 1039?

(Updated September 29, 2020)

This bill — the Prevention of Unconstitutional War with Iran Act of 2019 — would prohibit the use of funds for kinetic military operations against Iran unless they’re authorized by Congress, with exceptions to allow for a response to an imminent threat, to repel an attack, or to rescue U.S. citizens or personnel. “Kinetic military operations” refers to active warfare, as opposed to covert operations or cyberwarfare.

This bill wouldn’t relieve the executive branch of restrictions on its use of force and reporting requirements set forth in the War Powers Resolution. The War Powers Resolution requires the president to notify Congress within 48 hours of committing U.S. forces to military action and prevents them from remaining for more than 60 days, with an additional 30 day withdrawal period unless Congress authorizes the use of force.

Argument in favor

Tensions between the U.S. and Iran are getting too high and there is an increasing potential of triggering an escalation into war. Congress should pump the brakes by passing a bill preventing the use of funds to wage war against Iran.

Argument opposed

The War Powers Resolution already does enough to constrain the ability of the executive branch to take actions using the U.S. military without congressional authorization. This bill’s could impair the security of U.S. forces under threat from Iran.

Impact

The U.S. military; Congress; and the executive branch.

Cost of S. 1039

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sen. Tom Udall (D-NM) introduced this bill to prohibit the use funds for military action against Iran:

“The calls for war with Iran are ripped straight out of the same playbook that launched us into the failed invasion of Iraq, and Congress must assert its constitutional authority to halt the march to war. The ongoing saber-rattling inches us closer and closer to conflict, borrowing from the same playbook that launched us into the failed invasion of Iraq, and endangering our national security, jeopardizing our diplomatic interests and alarming our allies. The consequences of war with Iran would be catastrophic, risking the lives of thousands of Americans while squandering our global reputation, with little chance of improving our long-term security. Congress must assert its constitutional authority to halt the march to war. The only way to stop Iran’s dangerous behavior in the region is with tough diplomacy in league with our allies, not threats and reckless aggression. With this legislation, we can empower Congress to once again assert its Constitutional authority to end the looming threat of war in order to make our nation, and the world, more safe. No administration, Democratic or Republican, should be permitted to enter the United States into another war in the Middle East without the approval of the American people and explicit authorization from Congress.”

The Trump administration recently deployed the USS Abraham Lincoln carrier strike group to the Middle East in response to a threat of an attack by Iran or its proxies, warning Iran “that any attack on United States interests or on those of our allies will be met with unrelenting force.” Iran also announced that it would stop exporting its nuclear program’s excess uranium and heavy water as was required by the nuclear agreement the Trump administration tried to renegotiate then withdrew from.

In response to questions from Politico about potential military intervention in Iran or Venezuela, Senate Foreign Relations Committee Chairman Jim Risch (R-ID) said that intervention is “always” on the table as an option but declined to say whether he would require his committee to vote on an authorization for use of military force (AUMF).

This legislation is cosponsored by 11 senators who caucus as Democrats, including presidential contender Sen. Bernie Sanders (I-VT), and one Republican, Sen. Rand Paul (R-KY). It also has the support of VoteVets, JStreet, and the Friends Committee on National Legislation.

Media:

• Sponsoring Sen. Tom Udall (D-NM) Press Release

• Vox

• J Street (In Favor)

• The Washington Post Op-Ed (In Favor)

• Politico (Context)