29–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–704 

DIRECTING THE ATTORNEY GENERAL OF THE UNITED STATES TO TRANSMIT TO THE HOUSE OF REPRESENTATIVES, NOT LATER THAN 14 DAYS 

AFTER THE DATE OF THE ADOPTION OF THIS RESOLUTION, ANY DOCUMENTS AND LEGAL MEMORANDA IN THE ATTORNEY GENERAL’S POSSESSION RELATING TO THE PRACTICE OF TARGETED KILLING OF 

UNITED STATES CITIZENS AND TARGETS ABROAD 

DECEMBER 18, 2012.—Referred to the House Calendar and ordered to be printed 

Mr. SMITH of Texas, from the Committee on the Judiciary, 

submitted the following 

ADVERSE REPORT 

[To accompany H. Res. 819] 

[Including Committee Cost Estimate] 

The Committee on the Judiciary, to whom was referred the resolution (H. Res. 819) directing the Attorney General of the United 

States to transmit to the House of Representatives, not later than 

14 days after the date of the adoption of this resolution, any documents and legal memoranda in the Attorney General’s possession 

relating to the practice of targeted killing of United States citizens 

and targets abroad, having considered the same, reports unfavorably thereon without amendment and recommends that the resolution not be agreed to. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority and Tax Expenditures ...................................................... 4 

Committee Cost Estimate ....................................................................................... 4 

Performance Goals and Objectives ......................................................................... 4 

Advisory on Earmarks ............................................................................................. 4 

Section-by-Section Analysis .................................................................................... 4 

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2 

1See Rules of the House of Representatives, Rule XIII, Clause 7. 

2See 50 USC 413b. 

3Ken Dilanian, ‘‘Congress zooms in on drone killings,’’ Los Angeles Times, June 25, 2012. 

Purpose and Summary 

H. Res. 819, introduced by Rep. Kucinich, directs the Attorney 

General to transmit to the House of Representatives any documents and legal memoranda in the Attorney General’s possession 

relating to the practice of targeted killing of United States citizens 

and targets abroad. 

Background and Need for the Legislation 

Per the Rules of the House, a Member may address a resolution 

of inquiry ‘‘to the head of an executive department.’’ The resolution 

is privileged and may be considered at any time after it is properly 

reported or discharged from the committee(s) of jurisdiction. If the 

resolution is not reported to the House within 14 legislative days 

after its introduction, a motion to discharge the committee from its 

further consideration is privileged. Should the committee(s) of referral report within the 14 day period, only a designee of the committee can move to proceed to the consideration of the resolution 

on the floor.1

The Administration’s targeted killing of terrorists abroad is a 

proper and important matter for Congressional oversight. But a 

resolution of inquiry is a rare procedure. More traditional paths of 

oversight have been yielding information about the Administration’s targeted killing of U.S. citizen terrorists abroad. Because the 

Administration has not yet demonstrated the sort of obstruction in 

this matter that would warrant a resolution of inquiry, the resolution should be reported unfavorably. 

For example, ordinary oversight processes for keeping the House 

and Senate Intelligence Committees apprised of the targeted killing 

program appear to have been followed. Title 50 requires the Director of National Intelligence and the heads of all departments, agencies, and entities of the United States Government involved in a 

covert action to furnish to the congressional intelligence committees any information or material concerning covert actions (including the legal basis under which the covert action is being or was 

conducted) which is in the possession, custody, or control of any department, agency, or entity of the United States Government and 

which is requested by either of the congressional intelligence committees.2

Additionally, the House and Senate Intelligence Committees continue to conduct robust oversight into the drone program that targets terrorists and their associates. As of June of this year, both 

Intelligence Committees conducted 28 monthly in-depth oversight 

meetings to review strike records and question every aspect of the 

program including legality, effectiveness, precision, foreign policy 

implications and the care that is taken to minimize noncombatant 

casualties.3

Oversight of the program has also been ongoing, with some 

progress, on the Judiciary Committee. On December 4, 2012, Ranking Member Conyers (D-MI), Representative Nadler (D-NY), and 

Representative Scott (D-VA) sent a follow up letter to Attorney 

General Holder requesting additional information regarding the 

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3 

4 317 U.S. 1 (1942). 

5 542 U.S. 507 (2004). 

6 Jeh Charles Johnson, (February 2012) Dean’s Lecture at Yale Law School, New Haven, CT. 

7 Eric Holder, (March 2012) Speech Before the Northwestern School of Law, Chicago, IL. 

legal and factual justifications behind the use of targeted drone 

killings of both U.S. citizens and non-citizens. This was a follow up 

letter from a May 21, 2012 request in which they received some responsive documents, including a White Paper describing the legal 

rationale behind the al-Awlaki killing. The Department has not expressed an unwillingness to cooperate with the latest request. 

Administration officials have also disclosed their legal rationale 

for this program in public addresses. In an address to the Yale Law 

School, Department of Defense General Counsel Jeh Charles Johnson stated that belligerents who also happen to be U.S. citizens do 

not enjoy immunity where non-citizen belligerents are valid military objectives. He relied on principles from Ex Parte Quirin 4 and 

Hamdi v. Rumsfeld 5, which stated that ‘‘[a] citizen, no less than 

an alien, can be ‘part of or supporting forces hostile to the United 

States or coalition partners’ and ‘engaged in an armed conflict 

against the United States.’’ 6

Finally, the Attorney General and others have addressed the legality of using targeted killings of U.S. citizens abroad. The Attorney General publicly stated that ‘‘an operation using lethal force in 

a foreign country, targeted against a U.S. citizen who is a senior 

operational leader of al-Qaeda or associated forces, and who is actively engaged in planning to kill Americans, would be lawful at 

least in the following circumstances: first, the U.S. government has 

determined, after a thorough and careful review, that the individual poses an imminent threat of violent attack against the 

United States; second, capture is not feasible; and third, the operation would be conducted in a manner consistent with applicable 

law of war principles.’’ 7

Hearings 

No hearings were held in the Committee on H. Res. 819. 

Committee Consideration 

On December 13, 2012 the Committee met in open session and 

ordered the resolution H. Res. 819 adversely reported without 

amendment, by voice vote, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H. Res. 

819. 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Repmstockstill on DSK4VPTVN1PROD with 

4 

resentatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Committee Cost Estimate 

In compliance with clause 3(d)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee estimates that implementing the resolution would not result in any significant costs. 

The Congressional Budget Office did not provide a cost estimate for 

the resolution. 

Performance Goals and Objectives 

Clause 3(c)(4) of rule XIII of the Rules of the House of Representatives is inapplicable, because H. Res. 819 does not authorize funding. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H. Res. 819 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

H. Res. 819 directs the Attorney General to transmit to the 

House of Representatives any documents and legal memoranda in 

the Attorney General’s possession relating to the practice of targeted killing of United States citizens and targets abroad. 

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