[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6357 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6357

 To prohibit the extrajudicial killing of United States citizens, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2012

 Mr. Kucinich (for himself and Mr. Grijalva) introduced the following 
   bill; which was referred to the Select Committee on Intelligence 
(Permanent Select), and in addition to the Committees on the Judiciary 
 and Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To prohibit the extrajudicial killing of United States citizens, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Admiral Dennis C. Blair, then the Director of National 
        Intelligence, in testimony before the House Select Committee on 
        Intelligence on February 3, 2010, confirmed the policy of 
        including United States citizens on lists of people to be 
        assassinated maintained by the Central Intelligence Agency 
        (CIA) and the Joint Special Operations Command (JSOC), stating 
        that ``a decision to use lethal force against a U.S. citizen 
        must get special permission.''.
            (2) The Obama administration publicly acknowledged that it 
        authorized the targeting of Anwar Al-Awlaki, a United States 
        citizen born in New Mexico who was accused of involvement in 
        terrorist organizations abroad, the first confirmed United 
        States citizen to be added to the CIA list of targets for 
        capture or killing.
            (3) Anwar Al-Awlaqi and Samir Khan, 2 United States 
        citizens, were killed, without due process, by a United States 
        drone strike in Yemen on September 30, 2011.
            (4) Abdul-Rahman Al-Awlaqi, a 16-year-old United States 
        citizen was killed, without due process, by a United States 
        drone strike in Yemen on October 14, 2011.
            (5) United States Attorney General Eric Holder, Jr., 
        recognized that the Department of Justice has successfully 
        prosecuted many terrorism defendants in Federal courts, stating 
        on Friday, November 13, 2009, that ``for over two hundred 
        years, our nation has relied on a faithful adherence to the 
        rule of law to bring criminals to justice . . . Once again we 
        will ask our legal system to rise to that challenge, and I am 
        confident it will answer the call with fairness and justice.''.
            (6) The decision to use lethal force against United States 
        citizens abroad occurs absent congressional oversight, a 
        constitutionally guaranteed judicial process, or publicly 
        disclosed standards for inclusion on the United States 
        Government's ``high-value targets'' or ``high-value 
        individuals'' list.
            (7) Executive Order 12333 (46 Fed. Reg. 59941; relating to 
        United States intelligence activities), issued by President 
        Ronald Reagan in 1981, stated, ``No person employed by or 
        acting on behalf of the United States Government shall engage 
        in, or conspire to engage in, assassination.''.
            (8) Executive Order 11905 (41 Fed. Reg. 7703; relating to 
        United States foreign intelligence activities), issued by 
        President Gerald Ford in 1976, stated, ``No employee of the 
        United States Government shall engage in, or conspire to engage 
        in, political assassination.''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) due process of law is a fundamental right of the United 
        States Constitution, the United States has a commitment to 
        uphold and defend the rights included in the Bill of Rights, 
        and no United States citizen, regardless of location, should be 
        ``deprived of life, liberty, property, without due process of 
        law'', as stated in article XIV of the Constitution;
            (2) the participation in, or planning of activities, by the 
        United States Government that result in the extrajudicial 
        killing of a United States citizen undermines the rule of law 
        and the moral standing of the United States in the world;
            (3) the United States and other responsible nations have a 
        vital interest in upholding the rule of law;
            (4) the authority granted to the President in the 
        Authorization for Use of Military Force (50 U.S.C. 1541 note), 
        following the terrorist attacks of September 11, 2001, is not 
        limitless;
            (5) the authority provided by the 2001 Authorization for 
        Use of Military Force has been used by the executive branch to 
        circumvent the role of Congress as a coequal branch of 
        Government, to justify holding prisoners indefinitely without 
        due process at Guantanamo Bay, for mass domestic spying on 
        United States citizens in violation of their most basic 
        constitutional rights, and using lethal force against United 
        States citizens abroad who are suspected of participating in 
        terrorist activities absent judicial review;
            (6) the notion that the constitutional rights of one 
        citizen can be revoked to protect the constitutional rights of 
        other citizens should be rejected;
            (7) the use of lethal force against a citizen of the United 
        States that is outside of the internationally recognized 
        battlefield of Afghanistan constitutes a violation of the law 
        of armed conflict; and
            (8) it is in the best interest of the United States to 
        respect the rule of law and set the example for upholding the 
        principles of international and domestic law.

SEC. 3. PROHIBITION ON THE EXTRAJUDICIAL KILLING OF UNITED STATES 
              CITIZENS.

    (a) Prohibition.--No one, including the President, may instruct a 
person acting within the scope of employment with the United States 
Government or an agent acting on behalf of the United States Government 
to engage in, or conspire to engage in, the extrajudicial killing of a 
United States citizen.
    (b) Report on United States Citizens on Targeted Assassination 
Lists.--Not later than 15 days after the date of the enactment of this 
Act, the President shall submit to the congressional intelligence 
committees a report on the identity of each United States citizen that 
is on the list of the Joint Special Operations Command or the Central 
Intelligence Agency as ``high-value individuals'' or ``high-value 
targets''.
    (c) Assurances to Congress.--Not later than 7 days after the date 
of the enactment of this Act, the President shall submit to the 
congressional intelligence committees a written assurance that no 
United States citizens are being added to the list of the Joint Special 
Operations Command or the Central Intelligence Agency as ``high-value 
individuals'' or ``high-value targets''.
    (d) Definitions.--In this section:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Permanent Select Committee on Intelligence 
                of the House of Representatives; and
                    (B) the Select Committee on Intelligence of the 
                Senate.
            (2) Extrajudicial killing.--The term ``extrajudicial 
        killing''--
                    (A) means a premeditated and intentional use of 
                lethal force against a United States citizen; and
                    (B) does not include--
                            (i) the use of lethal force against a 
                        United States citizen after a trial and finding 
                        of guilt for such citizen by an appropriate 
                        tribunal consistent with due process of law;
                            (ii) the use of lethal force against a 
                        United States citizen who is directly 
                        participating in hostilities in a zone of 
                        active armed conflict and the United States is 
                        a party to such conflict; and
                            (iii) the use of lethal force against a 
                        United States citizen that is authorized for 
                        law enforcement personnel under certain 
                        circumstances, including self-defense, defense 
                        of others, and enabling the release of 
                        hostages.
                                 <all>