S.Amdt. 6003
What it does: Adds Subtitle G--Military Humanitarian Operations SEC. 1281. SHORT TITLE at the end of title XII
Sen. Mike Lee (R-UT)What it changes
1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text
Adds Subtitle G--Military Humanitarian Operations SEC. 1281. SHORT TITLE at the end of title XII
Adds a sectionIn S.Amdt. 5499 as proposed
(2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Inserted: Subtitle G--Military Humanitarian Operations SEC. 1281. SHORT TITLE.
Inserted: This subtitle may be cited as the "Military Humanitarian Operations Act of 2022".
Inserted: SEC. 1282. MILITARY HUMANITARIAN OPERATION DEFINED.
Inserted: (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--
Inserted: (1) operations undertaken pursuant to the principle of the "responsibility to protect" as referenced in United Nations Security Council Resolution 1674 (2006);
Inserted: (2) operations specifically authorized by the United Nations Security Council, or other international organizations; and
Inserted: (3) unilateral deployments and deployments made in coordination with international organizations, treaty-based organizations, or coalitions formed to address specific humanitarian catastrophes.
Inserted: (b) Operations Not Included.--The term "military humanitarian operation" does not mean a military operation undertaken for the following purposes:
Inserted: (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.
Inserted: (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.
Inserted: (3) Invoking the inherent right to individual or collective self-defense in accordance with Article 51 of the Charter of the United Nations.
Inserted: (4) Military missions to rescue United States citizens or military or diplomatic personnel abroad.
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Inserted: (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.
Inserted: (6) Actions to maintain maritime freedom of navigation, including actions aimed at combating piracy.
Inserted: (7) Training exercises conducted by the United States Armed Forces abroad where no combat with hostile forces is reasonably anticipated.
Inserted: SEC. 1283. REQUIREMENT FOR CONGRESSIONAL AUTHORIZATION.
Inserted: 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--
Inserted: (1) the President submits to Congress a formal request for authorization to use members of the Armed Forces for the military humanitarian operation; and
Inserted: (2) Congress enacts a specific authorization for such use of forces.
Inserted: SEC. 1284. SEVERABILITY.
Inserted: If any provision of this subtitle is held to be unconstitutional, the remainder of the subtitle shall not be affected.
Original wording
At the end of title XII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 6003. Mr. LEE submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 end of title XII, add the following:
Subtitle G--Military Humanitarian Operations SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Military Humanitarian Operations Act of 2022”.
SEC. 1282. 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. 1283. 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. 1284. 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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Senate amendment submitted
September 28, 2022