Military Humanitarian Operations Act of 2012 - Prohibits the President from deploying members of the Armed Forces into the territory, airspace, or waters of a foreign country for a military humanitarian operation unless: (1) the President submits to Congress a formal authorization request, and (2) Congress enacts a specific authorization.
Defines a "military humanitarian operation" as a military operation involving the deployment of members or weapons systems of the 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.
Provides for the consideration of a joint resolution of approval of such use.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3176 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3176
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 14, 2012
Mr. Webb (for himself and 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 2012''.
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 protect or rescue United States
citizens or military or diplomatic personnel abroad.
(5) Carrying out treaty commitments to directly aid allies
in distress.
(6) 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 a
limited duration.
(7) Actions to maintain maritime freedom of navigation,
including actions aimed at combating piracy.
(8) 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.
(a) Authorization Required.--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.
(b) Joint Resolution of Approval.--
(1) Introduction and placement on calendar.--If the
President submits a formal request under subsection (a)(1) for
authorization to use members of the Armed Forces for a military
humanitarian operation, then within 1 calendar day of such
request, the majority leader of the Senate and the Speaker of
the House of Representatives shall introduce an identical joint
resolution in the Senate and the House of Representatives
calling for consideration of the military humanitarian
operation and shall place such resolution directly on the
calendar of the respective House.
(2) Floor consideration.--
(A) In general.--It shall be in order for any
Member of the respective House to move to proceed to
the consideration of a resolution introduced under
paragraph (1), and all points of order against the
resolution (and against consideration of the
resolution) are waived. The motion is highly privileged
in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not
subject to amendment, to a motion to postpone, or to a
motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the resolution shall
remain the unfinished business of the respective House
until disposed of.
(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 4 hours, which shall
be divided equally between those favoring and those
opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to,
or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed
to or disagreed to is not in order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on the resolution, and a
single quorum call at the conclusion of the debate if
requested in accordance with the rules of the
appropriate House, the vote on final passage of the
resolution shall occur. The vote shall occur not later
than 48 hours after submission of a formal request
under subsection (a)(1), unless the President waives
such deadline, in which case the vote in each House
shall occur on the next calendar day each respective
House is in session.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a resolution described in paragraph (1)
shall be decided without debate.
(3) Coordination with action by other house.--If, before
the passage by one House of a resolution of that House
described in paragraph (1), that House receives from the other
House a resolution described in paragraph (1)--
(A) the resolution of the other House shall not be
referred to a committee; and
(B) with respect to the resolution of the House
receiving the resolution, the procedure in the
receiving House shall be the same as if no joint
resolution had been received from the other House until
the vote on final passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
(4) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
resolution described in paragraph (1), and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
SEC. 4. SEVERABILITY.
If any provision of this Act is held to be unconstitutional, the
remainder of the Act shall not be affected.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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