Secretary of State John Kerry, Secretary of Energy Ernest Moniz, and Secretary of the Treasury Jack Lew defending the JCPOA at a hearing of the Senate Foreign Relations Committee on 23 July 2015 Under U.S. law, the JCPOA is a non-binding political commitment.[147][148] According to the U.S. State Department, it specifically is not an executive agreement or a treaty.[149] There are widespread incorrect reports that it is an executive agreement.[150][151]
In contrast to treaties, which require two-thirds of the Senate to consent to ratification, political commitments require no congressional approval, and are not legally binding as a matter of domestic law (although in some cases they may be binding on the U.S. as a matter of international law).[150][f]
On 22 May 2015, President Obama signed the Iran Nuclear Agreement Review Act of 2015 into law;[g] this legislation passed by the Senate in a 98-1 vote and the House in a 400-25 vote, and was approved by President Obama on 22 May 2015.[159] Under the Act, once a nuclear agreement was negotiated with Iran, Congress had sixty days in which it could pass a resolution of approval, a resolution of disapproval, or do nothing.[160]
The Act also included additional time beyond the sixty days for the president to veto a resolution and for Congress to take a vote on whether to override or sustain the veto.[161] Republicans could only defeat the deal if they mustered the two-thirds of both houses of Congress needed to override an expected veto by Obama of any resolution of disapproval
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