Bill Summary
The Military Humanitarian Operations Act of 2019 is a bill that requires the President of the United States to seek approval from Congress before deploying members of the United States Armed Forces in military humanitarian operations. This includes any operation involving deployment of troops or weapons systems with the goal of preventing or responding to a humanitarian crisis or addressing a threat to international peace and security. The bill defines what qualifies as a military humanitarian operation and also specifies certain purposes for which the President does not need congressional approval, such as responding to attacks on the US or its citizens, or conducting rescue or training missions. This Act aims to ensure that Congress has a say in these types of military operations and holds the President accountable for their decisions. If any part of the Act is found to be unconstitutional, the rest of the Act will still remain in effect.
Possible Impacts
1. Limiting the President's ability to unilaterally engage the US Armed Forces in military humanitarian operations could affect the speed and efficiency of responding to humanitarian crises. The requirement for congressional approval may delay the deployment of resources and could potentially hinder the success of the operation.
2. The definition of "military humanitarian operation" could restrict the types of situations in which the US Armed Forces can be deployed. This could potentially limit the US's ability to intervene in certain crises or respond to threats to international peace and security.
3. The exclusion of certain purposes for military humanitarian operations, such as responding to attacks or training exercises, could affect the way the US responds to specific situations. For example, if a natural disaster occurs in a country where there is civil unrest, the US may not be able to deploy the Armed Forces for humanitarian purposes if combat with hostile forces is reasonably anticipated. This could limit the US's ability to provide aid and potentially impact the success of the mission.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1325 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1325
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
May 6, 2019
Mr. Lee 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 2019''.
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 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. 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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