I 
113TH CONGRESS 
1ST SESSION H. R. 2438 
To require an adequate process in preplanned lethal operations that delib-
erately 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) in-
troduced the following bill; which was referred to the Committee on 
Armed Services, and in addition to the Committees on the Judiciary, Se-
lect Intelligence (Permanent Select), and Foreign Affairs, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To require an adequate process in preplanned lethal oper-
ations 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 citi-
zens, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 OPER-
ATIONS DELIBERATELY TAR-
GETING UNITED STATES CITI-
ZENS OR CITIZENS OF STRA-
TEGIC TREATY ALLIES 
SEC. 101. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
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mittees’’ 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 Gov-
ernmental 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 Represent-
atives. 
(2) PREPLANNED
LETHAL
OPERATION.—The 
term ‘‘preplanned lethal operation’’ does not include, 
limit, or restrict actions taken in immediate self de-
fense or immediate defense of others by members of 
the Armed Forces, law enforcement officers, or other 
persons authorized to use lethal force in the execu-
tion 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 se-
curity treaty. 
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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 cit-
izen of a strategic treaty ally of the United States. 
SEC. 103. LIMITATION ON PREPLANNED LETHAL OPER-
ATIONS TARGETING UNITED STATES CITI-
ZENS 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 un-
less the preplanned lethal operation is planned and exe-
cuted pursuant to a written determination signed person-
ally 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 congres-
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sional committees a report, in classified form if nec-
essary— 
(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 dele-
gate— 
(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 OPER-
ATIONS 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 op-
eration inside the territory of the United States or any 
location under the jurisdiction of the United States. 
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TITLE II—LIMITATIONS ON USE 
OF CLUSTER MUNITIONS 
SEC. 201. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Rela-
tions, 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 mu-
nitions’’ means conventional munitions that are 
designed to disperse or release explosive sub-
munitions each weighing less than 40 pounds. 
(B) EXCLUSIONS.—The term does not in-
clude any of the following: 
(i) Munitions or submunitions de-
signed to dispense flares, smoke, pyrotech-
nics or chaff. 
(ii) Munitions designed exclusively for 
an air defense role. 
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(iii) Munitions or submunitions de-
signed 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-de-
struction 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 se-
curity treaty. 
SEC. 202. GENERAL LIMITATION ON UNITED STATES USE 
OF CLUSTER MUNITIONS. 
(a) LIMITATION.—The President, head of any Fed-
eral department or agency, or general officer or flag officer 
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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 clus-
ter munitions requires that the cluster munitions— 
(A) will only be used against clearly de-
fined military targets; and 
(B) will not be used in locations where ci-
vilian noncombatants are known to be present 
or in areas normally inhabited by civilian non-
combatants. 
(b) PRESIDENTIAL WAIVER AUTHORITY.— 
(1) LIMITED WAIVER AUTHORITY.—The Presi-
dent may waive the limitation imposed by subsection 
(a)(1) if, before authorizing the use of cluster muni-
tions 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 congres-
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sional committees a report, in classified form if nec-
essary, 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 muni-
tions and whether the cluster munitions are 
fitted with self-destruct or self-deactivation de-
vices. 
(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 UNIN-
TENTIONALLY HARM UNITED STATES CITI-
ZENS 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 Presi-
dent, head of any Federal department or agency, or gen-
eral 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 unintention-
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ally 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 Presi-
dent may waive the limitation imposed by subsection 
(a) if, before authorizing the use of cluster muni-
tions, 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 secu-
rity 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 congres-
sional committees a report, in classified form if nec-
essary, 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 cit-
izen of the United States or citizen of a stra-
tegic treaty ally of the United States; and 
(C) the failure rate of the cluster muni-
tions and whether the cluster munitions are 
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fitted with self-destruct or self-deactivation de-
vices. 
(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 cit-
izen of a strategic treaty ally in any situation in which 
any citizen of the United States or any citizen of a stra-
tegic 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 muni-
tions 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 
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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. 
Æ 
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