Utah Sen. John Curtis said Congress must assert its authority on whether to declare war in Iran just days after President Donald Trump notified lawmakers that military operations have been restarted.
Under the War Powers Act, U.S. forces can only stay in the targeted area for 60 days after the president notifies Congress — a timeline that had already started and expired by Trump’s previous military action that was temporarily halted by a ceasefire. That ceasefire, first declared in April, has since ended, Trump announced last week.
However, Curtis suggested the resumed operations does not restart the 60-day clock as a new conflict.
“There’s so much ambiguity in the War Powers Resolution, but I think the intent is that it doesn’t restart,” Curtis told the Deseret News. “I still feel strongly that Congress needs to have a role, we need to do our job.”
What that role looks like is not entirely clear. But for Curtis, he said lawmakers can step in by drawing a line on what military action can receive federal funding — and what can’t until Congress has an opportunity to formally declare war.
“For me, it’s always been about funding,” Curtis said. “That is our lever.”
The White House has requested Congress to approve $67 billion in supplemental funding for the Pentagon related to the Iran war, which Republicans hope to pass in a budget reconciliation package in the coming weeks.
However, Curtis made clear he would closely review the spending request to ensure money is only approved for military actions that took place within the 90-day legal window laid out under the War Powers Act. The president has authority to remain in the conflict zone for 60 days under that federal law, with the opportunity to extend another 30 days if needed.
“I’m trying to clearly define those first 60 days in a supplemental that I probably would support — I’d need to see it — and somewhere after the 90 days where I would not,” Curtis said. “Sadly, when they did the (1973) War Powers Act, they didn’t take into account that the president might try to start the clock over again, so I’m left for a little self-interpretation on that, and I haven’t really fully comprehended that yet.”
Curtis has previously said he would not support ongoing military action in Iran beyond 60 days without congressional approval, and he has said he would consider legislation to rein in Trump’s military authority.
It’s not clear if Curtis will push for a vote on some sort of authorization for use of military force, which formally grants the president authority to deploy forces, before the Senate leaves for its annual August recess in three weeks. But the junior Utah senator noted there are concerns of “a lack of congressional oversight.”