S.Amdt. 465

SA 465. Mr. LEE submitted an amendment intended to be proposed by him
to the bill H.R. 2810, to authorize appropriations for fiscal year 2018
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. __. MILITARY HUMANITARIAN OPERATIONS.

(a) Short Title.--This section may be cited as the
``Military Humanitarian Operations Act of 2017''.
(b) Military Humanitarian Operation Defined.--In this
section, the term ``military humanitarian operation''--
(1) means a military operation--
(A) involving the deployment of members or weapons systems
of the United States Armed Forces where hostile activities
are reasonably anticipated; and
(B) with the aim of--
(i) preventing or responding to a humanitarian catastrophe,
including its regional consequences; or
(ii) addressing a threat posed to international peace and
security;
(2) 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; and
(3) does not mean a military operation undertaken--
(A) to respond to or repel attacks, or prevent imminent
attacks, on the United States or any of its territorial
possessions, embassies, or consulates, or members of the
United States Armed Forces;
(B) as a direct act 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) to invoke the inherent right to individual or
collective self-defense in accordance with Article 51 of the
Charter of the United Nations;
(D) as a military mission to protect or rescue United
States citizens or military or diplomatic personnel abroad;
(E) to carry out treaty commitments to directly aid allies
in distress;
(F) as a humanitarian mission, not to exceed 30 days, in
response to natural disasters where no civil unrest or combat
with hostile forces is reasonably anticipated;
(G) to maintain maritime freedom of navigation, including
actions aimed at combating piracy; or
(H) as a training exercise conducted by the United States
Armed Forces abroad where no combat with hostile forces is
reasonably anticipated.
(c) Congressional Authorization Requirement.--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 specifically authorizes 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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