[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 409 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 409

 To provide that the President must seek congressional approval before 
    engaging members of the United States Armed Forces in military 
                        humanitarian operations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2017

Mr. Lee (for himself and Mr. Paul) introduced the following bill; which 
   was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To provide that the President must seek congressional approval before 
    engaging members of the United States Armed Forces in military 
                        humanitarian operations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Humanitarian Operations Act 
of 2017''.

SEC. 2. MILITARY HUMANITARIAN OPERATION DEFINED.

    (a) In General.--In this Act, the term ``military humanitarian 
operation'' means a military operation involving the deployment of 
members or weapons systems of the United States Armed Forces where 
hostile activities are reasonably anticipated and with the aim of 
preventing or responding to a humanitarian catastrophe, including its 
regional consequences, or addressing a threat posed to international 
peace and security. The term includes--
            (1) operations undertaken pursuant to the principle of the 
        ``responsibility to protect'' as referenced in United Nations 
        Security Council Resolution 1674 (2006);
            (2) operations specifically authorized by the United 
        Nations Security Council, or other international organizations; 
        and
            (3) unilateral deployments and deployments made in 
        coordination with international organizations, treaty-based 
        organizations, or coalitions formed to address specific 
        humanitarian catastrophes.
    (b) Operations Not Included.--The term ``military humanitarian 
operation'' does not mean a military operation undertaken for the 
following purposes:
            (1) Responding to or repelling attacks, or preventing 
        imminent attacks, on the United States or any of its 
        territorial possessions, embassies, or consulates, or members 
        of the United States Armed Forces.
            (2) Direct acts of reprisal for attacks on the United 
        States or any of its territorial possessions, embassies, or 
        consulates, or members of the United States Armed Forces.
            (3) Invoking the inherent right to individual or collective 
        self-defense in accordance with Article 51 of the Charter of 
        the United Nations.
            (4) Military missions to protect or rescue United States 
        citizens or military or diplomatic personnel abroad.
            (5) Carrying out treaty commitments to directly aid allies 
        in distress.
            (6) Humanitarian missions in response to natural disasters 
        where no civil unrest or combat with hostile forces is 
        reasonably anticipated, and where such operation is for not 
        more than 30 days.
            (7) Actions to maintain maritime freedom of navigation, 
        including actions aimed at combating piracy.
            (8) Training exercises conducted by the United States Armed 
        Forces abroad where no combat with hostile forces is reasonably 
        anticipated.

SEC. 3. REQUIREMENT FOR CONGRESSIONAL AUTHORIZATION.

    The President may not deploy members of the United States Armed 
Forces into the territory, airspace, or waters of a foreign country for 
a military humanitarian operation not previously authorized by statute 
unless--
            (1) the President submits to Congress a formal request for 
        authorization to use members of the Armed Forces for the 
        military humanitarian operation; and
            (2) Congress enacts a specific authorization for such use 
        of forces.

SEC. 4. SEVERABILITY.

    If any provision of this Act is held to be unconstitutional, the 
remainder of the Act shall not be affected.
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