,i #aacth ,,congress #ast ,session ,h4 ,r4 #bdch ,,in ,,the ,,house ,,of ,,representatives ,june #ai1 #bjac ,mr4 ,issa 7for himself1 ,mr4 ,meadows1 ,mr4 ,nunnelee1 and ,mr4 ,enyart7 introduced the following bill2 which was referred to the ,committee on ,armed ,services1 and in addition to the ,committees on the ,judiciary1 ,select ,intelligence 7,permanent ,select71 and ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 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 ,states1 to limit the use of cluster munitions generally1 including when likely to unintentionally harm such citizens1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,designating ,requirements ,on ,notification of ,executive-ordered ,strikes ,act of #bjac or ,,drones ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,limitations on ,preplanned ,lethal ,operations ,deliberately ,targeting ,united ,states ,citizens or ,citizens of ,strategic ,treaty ,allies ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,scope of title4 ,sec4 #ajc4 ,limitation on preplanned lethal operations targeting ,united ,states citizens or citizens of strategic treaty allies4 ,sec4 #ajd4 ,prohibition on preplanned lethal operations inside the territory of the ,united ,states4 ,title ,,ii--,limitations on ,use of ,cluster ,munitions ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,general limitation on ,united ,states use of cluster munitions4 ,sec4 #bjc4 ,limitation on use of cluster munitions when use is reasonably likely to unintentionally harm ,united ,states citizens or citizens of strategic treaty ally4 ,sec4 #bjd4 ,cleanup plan4 ,sec4 #bje4 ,provision of cluster munitions to foreign nations4 ,i ,limitations on ,preplanned ,lethal ,operations ,deliberately ,targeting ,united ,states ,citizens or ,citizens of ,strategic ,treaty ,allies #aja4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on the ,judiciary1 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on the ,judiciary1 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7#b7 ,preplanned lethal operation ,the term preplanned lethal operation does not include1 limit1 or restrict actions taken in immediate self defense or immediate defense of others by members of the ,armed ,forces1 law enforcement officers1 or other persons authorized to use lethal force in the execution of their duties4 7#c7 ,strategic treaty ally ,the term strategic treaty ally refers to a member nation of the ,north ,atlantic ,treaty ,organization1 ,japan1 the ,republic of ,south ,korea1 and any other country with which the ,united ,states has entered into a security treaty4 #ajb4 ,scope of title 7a7 ,covered entities ,this title applies to all ,federal departments and agencies and the ,armed ,forces4 7b7 ,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 ,states4 #ajc4 ,limitation on preplanned lethal operations targeting ,united ,states citizens or citizens of strategic treaty allies 7a7 ,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-- 7#a7 confirming the status of the targeted citizen as an enemy combatant2 and 7#b7 authorizing the deliberate lethal targeting of the citizen based on an articulated need for the use of such lethal force4 7b7 ,congressional notification ,not later than #cj days after making a determination under subsection 7a71 the ,president shall submit to the appropriate congressional committees a report1 in classified form if necessary-- 7#a7 certifying that the timing and details of the preplanned lethal operation were approved personally by the ,president2 and 7#b7 describing in detail-- 7,a7 the information used to determine that the targeted citizen is an enemy combatant2 and 7,b7 the reasons why the use of lethal force was necessary4 7c7 ,delegation ,the ,president may not delegate-- 7#a7 the final determination of enemy combatant status2 and 7#b7 the final approval of timing and details of the execution of the preplanned lethal operation4 #ajd4 ,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 ,states4 ,,ii ,limitations on ,use of ,cluster ,munitions #bja4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7#b7 ,cluster munitions 7,a7 ,in general ,the term cluster munitions means conventional munitions that are designed to disperse or release explosive submunitions each weighing less than #dj pounds4 7,b7 ,exclusions ,the term does not include any of the following3 7i7 ,munitions or submunitions designed to dispense flares1 smoke1 pyrotechnics or chaff4 7ii7 ,munitions designed exclusively for an air defense role4 7iii7 ,munitions or submunitions designed to produce electrical or electronic effects4 7iv7 ,munitions that1 in order to avoid indiscriminate area effects and risks posed by unexploded submunitions1 have all of the following characteristics3 7,i7 ,the munition contains fewer than ten explosive submunitions4 7,,ii7 ,each explosive submunition is designed to detect and engage a single target object4 7,,iii7 ,each explosive submunition is equipped with an electronic self-destruction or deactivation mechanism4 7#c7 ,strategic treaty ally ,the term strategic treaty ally refers to a member nation of the ,north ,atlantic ,treaty ,organization1 ,japan1 the ,republic of ,south ,korea1 and any other country with which the ,united ,states has entered into a security treaty4 #bjb4 ,general limitation on ,united ,states use of cluster munitions 7a7 ,limitation ,the ,president1 head of any ,federal department or agency1 or general officer or flag officer of the ,armed ,forces may not authorize the use of any cluster munitions unless-- 7#a7 the submunitions of the cluster munitions1 after arming1 will not result in more than #a percent unexploded ordnance across the range of intended operational environments2 and 7#b7 the policy applicable to the use of the cluster munitions requires that the cluster munitions-- 7,a7 will only be used against clearly defined military targets2 and 7,b7 will not be used in locations where civilian noncombatants are known to be present or in areas normally inhabited by civilian noncombatants4 7b7 ,presidential waiver authority 7#a7 ,limited waiver authority ,the ,president may waive the limitation imposed by subsection 7a77#a7 if1 before authorizing the use of cluster munitions in a certain situation1 the ,president certifies that use of the cluster munitions in such situation is vital to protect the security of the ,united ,states4 7#b7 ,congressional notification ,not later than #cj days after the date on which the ,president makes a certification under paragraph 7#a71 the ,president shall submit to the appropriate congressional committees a report1 in classified form if necessary1 describing in detail-- 7,a7 the reasons for the certification2 7,b7 the steps that were taken or will be taken to protect civilian noncombatants against contact with the cluster munitions2 and 7,c7 the failure rate of the cluster munitions and whether the cluster munitions are fitted with self-destruct or self-deactivation devices4 7#c7 ,no delegation ,the ,president may not delegate the authority to make a certification under paragraph 7#a74 #bjc4 ,limitation on use of cluster munitions when use is reasonably likely to unintentionally harm ,united ,states citizens or citizens of strategic treaty ally 7a7 ,limitation ,in addition to the limitation on the use of cluster munitions applicable under section #bjb7;a71 and notwithstanding any other provision of law1 the ,president1 head of any ,federal department or agency1 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 ,states4 7b7 ,presidential waiver authority 7#a7 ,limited waiver authority ,the ,president may waive the limitation imposed by subsection 7a7 if1 before authorizing the use of cluster munitions1 the ,president certifies that1 notwithstanding the risk to any citizen of the ,united ,states or citizen of a strategic treaty ally of the ,united ,states1 use of the cluster munitions is vital to protect the security of the ,united ,states4 7#b7 ,congressional notification ,not later than #cj days after the date on which the ,president makes a certification under paragraph 7#a71 the ,president shall submit to the appropriate congressional committees a report1 in classified form if necessary1 describing in detail-- 7,a7 the reasons for the certification2 7,b7 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 ,states2 and 7,c7 the failure rate of the cluster munitions and whether the cluster munitions are fitted with self-destruct or self-deactivation devices4 7#c7 ,no delegation ,the ,president may not delegate the authority to make a certification under paragraph 7#a74 7c7 ,rule of construction ,for the purposes of this section1 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 munitions4 #bjd4 ,cleanup plan ,not later than #ij days after the date on which any cluster munitions are used by a ,federal department or agency or the ,armed ,forces consistent with this title1 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 and1 therefore1 continue to pose a hazard to civilian noncombatants4 #bje4 ,provision of cluster munitions to foreign nations ,the ,president1 head of any ,federal department or agency1 or general officer or flag officer of the ,armed ,forces may not provide any cluster munitions to a foreign nation1 agency1 or armed forces unless-- 7#a7 the cluster munitions to be provided will be used in a combined military operation with the ,united ,states2 and 7#b7 the use of the cluster munitions complies with the provisions of this title4