H.R. 137 — Introduced in House

I 114th CONGRESS 1st Session H. R. 137 IN THE HOUSE OF REPRESENTATIVES January 6, 2015 Mr. Issa introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Select Committee on Intelligence (Permanent Select) and the Committee on the Judiciary, 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, and for other purposes. 1. Short title This Act may be cited as the Designating Requirements On Notification of Executive-ordered Strikes Act or DRONES Act. 2. Definitions In this Act: (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. 3. Scope of Act (a) Covered entities This Act applies to all Federal departments and agencies and the Armed Forces. (b) Covered preplanned lethal operations This Act 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. 4. 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. 5. Prohibition on preplanned lethal operations inside the territory of the United States Nothing in this Act 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.