It’s been decades since the Soviet Union collapsed, bringing an official end to the Cold War. Now, lawmakers want to finally repeal the military authorization allowing the United States to counter attacks in the Middle East.

A group of bipartisan senators introduced a bill this week to repeal an authorization for use of military force, or AUMF, first approved in 1957 by the Eisenhower administration to defend allies from Soviet aggression. The authority was never invoked during the Cold War era, but it remains the longest-active AUMF in U.S. history.

“Outdated Congressional authorizations for military action should not sit on the books forever as a blank check; it is important to repeal the ones that have run their course,” Sen. Mike Lee, who is helping lead the effort, said in a statement. “Our bipartisan bill will clean the slate by repealing a Cold War-era AUMF in the Middle East that is no longer necessary.”

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The AUMF, known as the Middle East Force Resolution, gave the president authority to send U.S. troops to the Middle East without needing to officially declare war. Only Congress has the authority to declare war, but such authorizations grant permission to use military force by narrowly defining who can be targeted and where.

From left, Sen. Mike Lee, R-Utah, Sen. Tim Kaine, D-Va., and Sen. Susan Collins, R-Maine, speak to reporters at the Capitol in Washington, Wednesday, Feb. 12, 2020. | J. Scott Applewhite, Associated Press
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An AUMF must be explicitly repealed by Congress in order for it to be voided. The authorization does not expire when the underlying conflict ends, causing some AUMFs to remain in effect for decades longer than the original military mission.

As a result, some lawmakers argue they must step in to ensure obsolete AUMFs are not used to justify new conflicts and allow the sitting president to bypass Congress.

“The 1957 AUMF, which has never been invoked, serves no purpose and runs the risk of potential misuse,” Sen. Tim Kaine, D-Va., said in a statement. “We must repeal this outdated and unnecessary law and reaffirm our most solemn constitutional responsibility of whether to send our nation’s sons and daughters into war.”

Similar legislation has been introduced in the House, which approved legislation to repeal the 1957 AUMF in 2021.

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