Repeal of Joint Resolution to Promote Peace and Stability in the Middle East

Floor Speech

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Mr. COLE. Mr. Speaker, I thank my friend from Texas for yielding, and I want to be the first to admit I was alive when both of these authorizations were passed.

The Congress' current effort to review the existing authorities for military force for which the original purposes have been achieved or are no longer appropriate is an important exercise of this body's authority under the Constitution and pursuant to the War Powers Act.

I am pleased to note that Chairman McGovern and I, along with my friends, Chairman Meeks and Ranking Member McCaul, helped initiate an evaluation of the War Powers Act, its strength and limitations and its need for modernization in a hearing on this topic in March. It is fitting, and frankly overdue, that the House is considering these issues and is now poised to repeal a second and third outdated AUMF this year with strong bipartisan support.

The joint resolution to promote peace and stability in the Middle East was enacted in 1957, 2 years after the signing of the Warsaw Pact, in response to the concerns about the potential spread of communist influence in the Middle East and, therefore, threats to U.S. economic and political interests in the region is long overdue. Needless to say, much has changed in the 64 intervening years. The Berlin Wall has fallen, and six of the seven former Eastern Bloc countries are now allied with the United States through NATO. The Soviet Union, of course, is no more. Communism obviously remains in the world, but it is no longer the driving force for most threats to the United States, particularly in the Middle East.

Similarly, the Authorization for Use of Military Force Against Iraq Resolution of 1991 is not related to the current situation in Iraq, and therefore, defunct. United Nations Resolution 678 authorized member states to use force to restore peace and order in response to Saddam Hussein's invasion of Kuwait in 1990. President Bush stated on multiple occasions at the time, including in his signing statement of this AUMF, that he believed he had sufficient constitutional authority to use force in this case. However, he did not test the question, and requested and welcomed the AUMF. With or without the United Nations approval, in spite of the action's intent to enforce international law and, regardless of my support for the action taken by President Bush at that time, it was the initiation of a war, and in my opinion, the President was obligated to seek Congressional approval. However, since the issue has been long-since settled, it is time to revoke the outdated authority.

Let us reinforce with this action today, Mr. Speaker, that should the President find reason to initiate military action subject to the War Powers Act in Iraq or anywhere in the Middle East, he or she must come to Congress with information, justification, and request for approval.

Also going forward, I strongly suggest this and future Congresses consistently establish a sunset of future authorizations either by a firm expiration date in the authorization or triggered by satisfaction of clear and specific objectives.

Once again, I support the passage of H.R. 3283 and H.R. 3261.

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