[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2438 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2438

  To require an adequate process in preplanned lethal operations that 
   deliberately target citizens of the United States or citizens of 
   strategic treaty allies of the United States, to limit the use of 
 cluster munitions generally, including when likely to unintentionally 
              harm such citizens, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2013

   Mr. Issa (for himself, Mr. Meadows, Mr. Nunnelee, and Mr. Enyart) 
 introduced the following bill; which was referred to the Committee on 
  Armed Services, and in addition to the Committees on the Judiciary, 
  Select Intelligence (Permanent Select), and Foreign Affairs, 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 require an adequate process in preplanned lethal operations that 
   deliberately target citizens of the United States or citizens of 
   strategic treaty allies of the United States, to limit the use of 
 cluster munitions generally, including when likely to unintentionally 
              harm such 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Designating 
Requirements On Notification of Executive-ordered Strikes Act of 2013'' 
or ``DRONES Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--LIMITATIONS ON PREPLANNED LETHAL OPERATIONS DELIBERATELY 
TARGETING UNITED STATES CITIZENS OR CITIZENS OF STRATEGIC TREATY ALLIES

Sec. 101. Definitions.
Sec. 102. Scope of title.
Sec. 103. Limitation on preplanned lethal operations targeting United 
                            States citizens or citizens of strategic 
                            treaty allies.
Sec. 104. Prohibition on preplanned lethal operations inside the 
                            territory of the United States.
           TITLE II--LIMITATIONS ON USE OF CLUSTER MUNITIONS

Sec. 201. Definitions.
Sec. 202. General limitation on United States use of cluster munitions.
Sec. 203. Limitation on use of cluster munitions when use is reasonably 
                            likely to unintentionally harm United 
                            States citizens or citizens of strategic 
                            treaty ally.
Sec. 204. Cleanup plan.
Sec. 205. Provision of cluster munitions to foreign nations.

   TITLE I--LIMITATIONS ON PREPLANNED LETHAL OPERATIONS DELIBERATELY 
TARGETING UNITED STATES CITIZENS OR CITIZENS OF STRATEGIC TREATY ALLIES

SEC. 101. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        the Judiciary, the Committee on Foreign Relations, the 
        Committee on Armed Services, the Committee on Appropriations, 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on the Judiciary, the Committee 
        on Foreign Affairs, the Committee on Armed Services, the 
        Committee on Appropriations, and the Committee on Oversight and 
        Government Reform of the House of Representatives.
            (2) Preplanned lethal operation.--The term ``preplanned 
        lethal operation'' does not include, limit, or restrict actions 
        taken in immediate self defense or immediate defense of others 
        by members of the Armed Forces, law enforcement officers, or 
        other persons authorized to use lethal force in the execution 
        of their duties.
            (3) Strategic treaty ally.--The term ``strategic treaty 
        ally'' refers to a member nation of the North Atlantic Treaty 
        Organization, Japan, the Republic of South Korea, and any other 
        country with which the United States has entered into a 
        security treaty.

SEC. 102. SCOPE OF TITLE.

    (a) Covered Entities.--This title applies to all Federal 
departments and agencies and the Armed Forces.
    (b) Covered Preplanned Lethal Operations.--This title only applies 
to preplanned lethal operations that deliberately target a citizen of 
the United States or a citizen of a strategic treaty ally of the United 
States.

SEC. 103. LIMITATION ON PREPLANNED LETHAL OPERATIONS TARGETING UNITED 
              STATES CITIZENS OR CITIZENS OF STRATEGIC TREATY ALLIES.

    (a) Limitation.--A Federal department or agency or the Armed Forces 
may not deliberately target a citizen of the United States or a citizen 
of a strategic treaty ally of the United States in a preplanned lethal 
operation unless the preplanned lethal operation is planned and 
executed pursuant to a written determination signed personally by the 
President--
            (1) confirming the status of the targeted citizen as an 
        enemy combatant; and
            (2) authorizing the deliberate lethal targeting of the 
        citizen based on an articulated need for the use of such lethal 
        force.
    (b) Congressional Notification.--Not later than 30 days after 
making a determination under subsection (a), the President shall submit 
to the appropriate congressional committees a report, in classified 
form if necessary--
            (1) certifying that the timing and details of the 
        preplanned lethal operation were approved personally by the 
        President; and
            (2) describing in detail--
                    (A) the information used to determine that the 
                targeted citizen is an enemy combatant; and
                    (B) the reasons why the use of lethal force was 
                necessary.
    (c) Delegation.--The President may not delegate--
            (1) the final determination of enemy combatant status; and
            (2) the final approval of timing and details of the 
        execution of the preplanned lethal operation.

SEC. 104. PROHIBITION ON PREPLANNED LETHAL OPERATIONS INSIDE THE 
              TERRITORY OF THE UNITED STATES.

    Nothing in this title may be construed to authorize any Federal 
department or agency or the Armed Forces to deliberately target a 
citizen of the United States or a citizen of a strategic treaty ally in 
a preplanned lethal operation inside the territory of the United States 
or any location under the jurisdiction of the United States.

           TITLE II--LIMITATIONS ON USE OF CLUSTER MUNITIONS

SEC. 201. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations, the Committee on Armed Services, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Foreign Affairs, the Committee on 
        Armed Services, and the Committee on Oversight and Government 
        Reform of the House of Representatives.
            (2) Cluster munitions.--
                    (A) In general.--The term ``cluster munitions'' 
                means conventional munitions that are designed to 
                disperse or release explosive submunitions each 
                weighing less than 40 pounds.
                    (B) Exclusions.--The term does not include any of 
                the following:
                            (i) Munitions or submunitions designed to 
                        dispense flares, smoke, pyrotechnics or chaff.
                            (ii) Munitions designed exclusively for an 
                        air defense role.
                            (iii) Munitions or submunitions designed to 
                        produce electrical or electronic effects.
                            (iv) Munitions that, in order to avoid 
                        indiscriminate area effects and risks posed by 
                        unexploded submunitions, have all of the 
                        following characteristics:
                                    (I) The munition contains fewer 
                                than ten explosive submunitions.
                                    (II) Each explosive submunition is 
                                designed to detect and engage a single 
                                target object.
                                    (III) Each explosive submunition is 
                                equipped with an electronic self-
                                destruction or deactivation mechanism.
            (3) Strategic treaty ally.--The term ``strategic treaty 
        ally'' refers to a member nation of the North Atlantic Treaty 
        Organization, Japan, the Republic of South Korea, and any other 
        country with which the United States has entered into a 
        security treaty.

SEC. 202. GENERAL LIMITATION ON UNITED STATES USE OF CLUSTER MUNITIONS.

    (a) Limitation.--The President, head of any Federal department or 
agency, or general officer or flag officer of the Armed Forces may not 
authorize the use of any cluster munitions unless--
            (1) the submunitions of the cluster munitions, after 
        arming, will not result in more than 1 percent unexploded 
        ordnance across the range of intended operational environments; 
        and
            (2) the policy applicable to the use of the cluster 
        munitions requires that the cluster munitions--
                    (A) will only be used against clearly defined 
                military targets; and
                    (B) will not be used in locations where civilian 
                noncombatants are known to be present or in areas 
                normally inhabited by civilian noncombatants.
    (b) Presidential Waiver Authority.--
            (1) Limited waiver authority.--The President may waive the 
        limitation imposed by subsection (a)(1) if, before authorizing 
        the use of cluster munitions in a certain situation, the 
        President certifies that use of the cluster munitions in such 
        situation is vital to protect the security of the United 
        States.
            (2) Congressional notification.--Not later than 30 days 
        after the date on which the President makes a certification 
        under paragraph (1), the President shall submit to the 
        appropriate congressional committees a report, in classified 
        form if necessary, describing in detail--
                    (A) the reasons for the certification;
                    (B) the steps that were taken or will be taken to 
                protect civilian noncombatants against contact with the 
                cluster munitions; and
                    (C) the failure rate of the cluster munitions and 
                whether the cluster munitions are fitted with self-
                destruct or self-deactivation devices.
            (3) No delegation.--The President may not delegate the 
        authority to make a certification under paragraph (1).

SEC. 203. LIMITATION ON USE OF CLUSTER MUNITIONS WHEN USE IS REASONABLY 
              LIKELY TO UNINTENTIONALLY HARM UNITED STATES CITIZENS OR 
              CITIZENS OF STRATEGIC TREATY ALLY.

    (a) Limitation.--In addition to the limitation on the use of 
cluster munitions applicable under section 202(a), and notwithstanding 
any other provision of law, the President, head of any Federal 
department or agency, or general officer or flag officer of the Armed 
Forces may not authorize the use of any cluster munitions if the use of 
the cluster munitions is reasonably likely to unintentionally harm any 
citizen of the United States or citizen of a strategic treaty ally of 
the United States.
    (b) Presidential Waiver Authority.--
            (1) Limited waiver authority.--The President may waive the 
        limitation imposed by subsection (a) if, before authorizing the 
        use of cluster munitions, the President certifies that, 
        notwithstanding the risk to any citizen of the United States or 
        citizen of a strategic treaty ally of the United States, use of 
        the cluster munitions is vital to protect the security of the 
        United States.
            (2) Congressional notification.--Not later than 30 days 
        after the date on which the President makes a certification 
        under paragraph (1), the President shall submit to the 
        appropriate congressional committees a report, in classified 
        form if necessary, describing in detail--
                    (A) the reasons for the certification;
                    (B) the steps that were taken or will be taken to 
                prevent unintentional harm to any citizen of the United 
                States or citizen of a strategic treaty ally of the 
                United States; and
                    (C) the failure rate of the cluster munitions and 
                whether the cluster munitions are fitted with self-
                destruct or self-deactivation devices.
            (3) No delegation.--The President may not delegate the 
        authority to make a certification under paragraph (1).
    (c) Rule of Construction.--For the purposes of this section, use of 
cluster munitions is reasonably likely to unintentionally harm a United 
States citizen or a citizen of a strategic treaty ally in any situation 
in which any citizen of the United States or any citizen of a strategic 
treaty ally is known to be within a two-mile radius of the area to be 
targeted with cluster munitions.

SEC. 204. CLEANUP PLAN.

    Not later than 90 days after the date on which any cluster 
munitions are used by a Federal department or agency or the Armed 
Forces consistent with this title, the President shall submit to the 
appropriate congressional committees a plan for cleaning up any of the 
cluster munitions and submunitions that fail to explode and, therefore, 
continue to pose a hazard to civilian noncombatants.

SEC. 205. PROVISION OF CLUSTER MUNITIONS TO FOREIGN NATIONS.

    The President, head of any Federal department or agency, or general 
officer or flag officer of the Armed Forces may not provide any cluster 
munitions to a foreign nation, agency, or armed forces unless--
            (1) the cluster munitions to be provided will be used in a 
        combined military operation with the United States; and
            (2) the use of the cluster munitions complies with the 
        provisions of this title.
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