[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4010. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 in title XII, insert the 
     following:

             Subtitle __--Military Humanitarian Operations

     SEC. __. SHORT TITLE.

       This subtitle may be cited as the ``Military Humanitarian 
     Operations Act of 2021''.

     SEC. __. MILITARY HUMANITARIAN OPERATION DEFINED.

       (a) In General.--In this subtitle, 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 rescue United States citizens or 
     military or diplomatic personnel abroad.
       (5) 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.
       (6) Actions to maintain maritime freedom of navigation, 
     including actions aimed at combating piracy.
       (7) Training exercises conducted by the United States Armed 
     Forces abroad where no combat with hostile forces is 
     reasonably anticipated.

     SEC. __. 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. __. SEVERABILITY.

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