[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3598]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 602. Mr. LEE submitted an amendment intended to be proposed by him
to the bill S. 1790, to authorize appropriations for fiscal year 2020
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CONGRESSIONAL APPROVAL REQUIREMENT FOR MILITARY
HUMANITARIAN OPERATIONS.
(a) Short Title.--This section may be cited as the
``Military Humanitarian Operations Act of 2019''.
(b) Military Humanitarian Operation Defined.--
(1) In general.--In this section, 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--
(A) operations undertaken pursuant to the principle of the
``responsibility to protect'' as referenced in United Nations
Security Council Resolution 1674 (2006);
(B) operations specifically authorized by the United
Nations Security Council, or other international
organizations; and
(C) unilateral deployments and deployments made in
coordination with international organizations, treaty-based
organizations, or coalitions formed to address specific
humanitarian catastrophes.
(2) Operations not included.--The term ``military
humanitarian operation'' does not mean a military operation
undertaken for the following purposes:
(A) 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.
(B) 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.
(C) Invoking the inherent right to individual or collective
self-defense in accordance with Article 51 of the Charter of
the United Nations.
(D) Military missions to rescue United States citizens or
military or diplomatic personnel abroad.
(E) 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.
(F) Actions to maintain maritime freedom of navigation,
including actions aimed at combating piracy.
(G) Training exercises conducted by the United States Armed
Forces abroad where no combat with hostile forces is
reasonably anticipated.
(c) 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.
(d) Severability.--If any provision of this section is held
to be unconstitutional, the remainder of the section shall
not be affected.
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