TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Scientifically Identifying the Need
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)(A)) is amended to read as follows:
''(A) may designate any habitat of a species that is
determined under paragraph (1) to be an endangered species or
threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by amending the section heading to read as
follows:

''SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

(B) by striking ''For the purposes of this Act--''
and inserting the following:
''(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
''(b) Use of Certain Data.--In any case in which the Secretary is
required by this Act to use the best scientific and commercial data
available, the Secretary, in evaluating comparable data, shall give
greater weight to scientific or commercial data that is empirical or
has been field-tested or peer-reviewed.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16 U.S.C.
prec. 1531) is amended by striking the item relating to section
3 and inserting the following:

''Sec. 3. Definitions and general provisions.''.
(b) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
''(9) Establishment of criteria for scientific studies to
support listing.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met for
scientific and commercial data to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
''(10) Field data.--
''(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination is supported by data
obtained by observation of the species in the field.
''(B) Data from landowners.--The Secretary shall--
''(i) accept and acknowledge receipt of
data regarding the status of a species that is
collected by an owner of land through
observation of the species on the land; and
''(ii) include the data in the rulemaking
record compiled for any determination that the
species is an endangered species or a
threatened species.''.
(c) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
''(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that would assist in the preparation of a recovery plan and--
''(i) invite any person to submit the data to the
Secretary; and
''(ii) describe the steps that the Secretary plans to take
for acquiring additional data.
''(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
''(j) Independent Scientific Review Requirements.--
''(1) Definitions.--In this subsection:
''(A) Action.--The term 'action' means--
''(i) the determination that a species is
an endangered species or a threatened species
under subsection (a);
''(ii) the determination under subsection
(a) that an endangered species or a threatened
species be removed from any list published
under subsection (c)(1);
''(iii) the development of a recovery plan
for a threatened species or endangered species
under subsection (f); and
''(iv) the determination that a proposed
action is likely to jeopardize the continued
existence of a listed species and the proposal
of any reasonable and prudent alternatives by
the Secretary under section 7(b)(3).
''(B) Qualified individual.--The term 'qualified
individual' means an individual with expertise in the
biological sciences--
''(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
species or a similar species or other
scientific expertise relevant to the decision
of the Secretary under subsection (a) or (f);
''(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
''(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
''(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
''(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review actions.
''(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
''(B) The selection and activities of the referees selected
pursuant to this section shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
''(C) Reviewers shall be compensated for conducting the
independent review.
''(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the species in
question.
''(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
''(A) a summary of the results of the independent
scientific review; and
''(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
''(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
''(C) Use of state information.--In conducting a
consultation under subsection (a)(2), the Secretary
shall actively solicit and consider information from
the State agency in each affected State.''.
(b) Opportunity to Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
''(D) Opportunity to participate in
consultations.--
''(i) In general.--In conducting a
consultation under subsection (a)(2), the
Secretary shall provide any person who has
sought authorization or funding from a Federal
agency for an action that is the subject of the
consultation, the opportunity to--
''(I) before the development of a
draft biological opinion, submit and
discuss with the Secretary and the
Federal agency information relevant to
the effect of the proposed action on
the species and the availability of
reasonable and prudent alternatives (if
a jeopardy opinion is to be issued)
that the Federal agency and the person
can take to avoid violation of
subsection (a)(2);
''(II) receive information, on
request, subject to the exemptions
specified in section 552(b) of title 5,
United States Code, on the status of
the species, threats to the species,
and conservation measures, used by the
Secretary to develop the draft
biological opinion and the final
biological opinion, including the
associated incidental taking
statements; and
''(III) receive a copy of the draft
biological opinion from the Federal
agency and, before issuance of the
final biological opinion, submit
comments on the draft biological
opinion and discuss with the Secretary
and the Federal agency the basis for
any finding in the draft biological
opinion.
''(ii) Explanation.--If reasonable and
prudent alternatives are proposed by a person
under clause (i) and the Secretary does not
include the alternatives in the final
biological opinion, the Secretary shall explain
to the person why those alternatives were not
included in the opinion.
''(iii) Public access to information.--
Comments and other information submitted to, or
received from, any person (pursuant to clause
(i)) who seeks authorization or funding for an
action shall be maintained in a file for that
action by the Secretary and shall be made
available to the public (subject to the
exemptions specified in section 552(b) of title
5, United States Code).''.

SOLUTION: Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Farm and Ranch Risk Management
Act''.

SEC. 2. FARM AND RANCH RISK MANAGEMENT ACCOUNTS.

(a) In General.--Subpart C of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 (relating to taxable year for
which deductions taken) is amended by inserting after section 468B the
following:

''SEC. 468C. FARM AND RANCH RISK MANAGEMENT ACCOUNTS.

''(a) Deduction Allowed.--In the case of an individual engaged in
an eligible farming business or commercial fishing, there shall be
allowed as a deduction for any taxable year the amount paid in cash by
the taxpayer during the taxable year to a Farm and Ranch Risk
Management Account (hereinafter referred to as the 'FARRM Account').
''(b) Limitation.--
''(1) Contributions.--The amount which a taxpayer may pay
into the FARRM Account for any taxable year shall not exceed 20
percent of so much of the taxable income of the taxpayer
(determined without regard to this section) which is
attributable (determined in the manner applicable under section
1301) to any eligible farming business or commercial fishing.
''(2) Distributions.--Distributions from a FARRM Account
may not be used to purchase, lease, or finance any new fishing
vessel, add capacity to any fishery, or otherwise contribute to
the overcapitalization of any fishery. The Secretary of
Commerce shall implement regulations to enforce this paragraph.
''(c) Eligible Businesses.--For purposes of this section--
''(1) Eligible farming business.--The term 'eligible
farming business' means any farming business (as defined in
section 263A(e)(4)) which is not a passive activity (within the
meaning of section 469(c)) of the taxpayer.
''(2) Commercial fishing.--The term 'commercial fishing'
has the meaning given such term by section (3) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) but only if such fishing is not a passive activity
(within the meaning of section 469(c)) of the taxpayer.
''(d) FARRM Account.--For purposes of this section--
''(1) In general.--The term 'FARRM Account' means a trust
created or organized in the United States for the exclusive
benefit of the taxpayer, but only if the written governing
instrument creating the trust meets the following requirements:
''(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
''(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
''(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
''(D) All income of the trust is distributed
currently to the grantor.
''(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
''(2) Account taxed as grantor trust.--The grantor of a
FARRM Account shall be treated for purposes of this title as
the owner of such Account and shall be subject to tax thereon
in accordance with subpart E of part I of subchapter J of this
chapter (relating to grantors and others treated as substantial
owners).
''(e) Inclusion of Amounts Distributed.--
''(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
''(A) any amount distributed from a FARRM Account
of the taxpayer during such taxable year, and
''(B) any deemed distribution under--
''(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
''(ii) subsection (f)(2) (relating to
cessation in eligible farming business), and
''(iii) subparagraph (A) or (B) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
''(2) Exceptions.--Paragraph (1)(A) shall not apply to--
''(A) any distribution to the extent attributable
to income of the Account, and
''(B) the distribution of any contribution paid
during a taxable year to a FARRM Account to the extent
that such contribution exceeds the limitation
applicable under subsection (b) if requirements similar
to the requirements of section 408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be
treated as first attributable to income and then to other
amounts.
''(f) Special Rules.--
''(1) Tax on deposits in account which are not distributed
within 5 years.--
''(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any FARRM
Account--
''(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
''(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
''(B) Nonqualified balance.--For purposes of
subparagraph (A), the term 'nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
''(C) Ordering rule.--For purposes of this
paragraph, distributions from a FARRM Account (other
than distributions of current income) shall be treated
as made from deposits in the order in which such
deposits were made, beginning with the earliest
deposits.
''(2) Cessation in eligible business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in an eligible farming business or
commercial fishing, there shall be deemed distributed from the
FARRM Account of the taxpayer an amount equal to the balance in
such Account (if any) at the close of such disqualification
period. For purposes of the preceding sentence, the term
'disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in an
eligible farming business or commercial fishing.
''(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
''(A) Section 220(f)(8) (relating to treatment on
death).
''(B) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
''(C) Section 408(e)(4) (relating to effect of
pledging account as security).
''(D) Section 408(g) (relating to community
property laws).
''(E) Section 408(h) (relating to custodial
accounts).
''(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
FARRM Account on the last day of a taxable year if such payment
is made on account of such taxable year and is made on or
before the due date (without regard to extensions) for filing
the return of tax for such taxable year.
''(5) Individual.--For purposes of this section, the term
'individual' shall not include an estate or trust.
''(6) Deduction not allowed for self-employment tax.--The
deduction allowable by reason of subsection (a) shall not be
taken into account in determining an individual's net earnings
from self-employment (within the meaning of section 1402(a))
for purposes of chapter 2.
''(g) Reports.--The trustee of a FARRM Account shall make such
reports regarding such Account to the Secretary and to the person for
whose benefit the Account is maintained with respect to contributions,
distributions, and such other matters as the Secretary may require
under regulations. The reports required by this subsection shall be
filed at such time and in such manner and furnished to such persons at
such time and in such manner as may be required by such regulations.''.
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 of such Code (relating
to tax on excess contributions to certain tax-favored accounts
and annuities) is amended by striking ''or'' at the end of
paragraph (3), by redesignating paragraph (4) as paragraph (5),
and by inserting after paragraph (3) the following:
''(4) a FARRM Account (within the meaning of section
468C(d)), or''.
(2) Section 4973 of such Code is amended by adding at the
end the following:
''(g) Excess Contributions to FARRM Accounts.--For purposes of this
section, in the case of a FARRM Account (within the meaning of section
468C(d)), the term 'excess contributions' means the amount by which the
amount contributed for the taxable year to the Account exceeds the
amount which may be contributed to the Account under section 468C(b)
for such taxable year. For purposes of this subsection, any
contribution which is distributed out of the FARRM Account in a
distribution to which section 468C(e)(2)(B) applies shall be treated as
an amount not contributed.''.
(3) The section heading for section 4973 of such Code is
amended to read as follows:

''SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES,
ETC.''.

(4) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4973 and
inserting the following:

''Sec. 4973. Excess contributions to
certain accounts, annuities,
etc.''.
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 of such Code (relating
to tax on prohibited transactions) is amended by adding at the
end the following:
''(6) Special rule for farrm accounts.--A person for whose
benefit a FARRM Account (within the meaning of section 468C(d))
is established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be a FARRM
Account by reason of the application of section 468C(f)(3)(A)
to such account.''.
(2) Paragraph (1) of section 4975(e) of such Code is
amended by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively, and by inserting after
subparagraph (D) the following:
''(E) a FARRM Account described in section
468C(d),''.
(d) Failure To Provide Reports on FARRM Accounts.--Paragraph (2) of
section 6693(a) of such Code (relating to failure to provide reports on
certain tax-favored accounts or annuities) is amended by redesignating
subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively,
and by inserting after subparagraph (B) the following:
''(C) section 468C(g) (relating to FARRM
Accounts),''.
(e) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 of such Code is amended by
inserting after the item relating to section 468B the following:

''Sec. 468C. Farm and Ranch Risk
Management Accounts.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

SOLUTION: Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming or commercial fishing business a deduction for any taxable year of up to 20 percent of taxable income attributable to the eligible farming or commercial fishing business which was paid in cash by the taxpayer to a Farm and Ranch Risk Management Account (FARRM Account).Includes distributions from a FARRM account in the taxpayer's gross income, and subjects to a special ten percent surtax any distributions not made within five years of contribution. Establishes a tax on excess contributions, but exempts the taxpayer from the tax on certain prohibited transactions.

PROBLEM: 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.

SOLUTION:
Designating Requirements On Notification of Executive-ordered Strikes Act of 2013 or the DRONES Act - Prohibits a federal department or agency or the Armed Forces from deliberately targeting a citizen of the United States or of a strategic treaty ally in a pre-planned lethal operation unless such 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 based on an articulated need for the use of lethal force. Requires the President, within 30 days after making such a determination, to submit a report to specified congressional committees: (1) certifying that the timing and details of the operation were approved personally by the President, and (2) detailing the information used to determine that the targeted citizen is an enemy combatant and the reasons why lethal force was necessary. Prohibits this Act from being construed to authorize such lethal targeting ofsuch a citizen inside any location under U.S. jurisdiction. Prohibits the President, the head of any federal agency, or a general officer or flag officer of the Armed Forces from authorizing the use of cluster munitions: (1) unless the sub-munitions of such munitions, after arming, will not result in more than 1% unexploded ordnance across the range of intended operational environments and the policy applicable to the use of such munitions requires that they will only be used against clearly defined military targets and will not be used in locations where civilian noncombatants are known to be present or in areas normally inhabited by civilian noncombatants; or (2) if such use is reasonably likely to unintentionally harm any citizen of the United States or of a strategic treaty ally (i.e., when any such citizen is known to be within a two-mile radius of the area to be targeted). Authorizes the President to waive such limitations where vital to protect U.S. security. Requires congressional notification of such waiver. Directs the President, following the use of cluster munitions, to submit a plan for cleaning up any such munitions and sub-munitions that fail to explode. Prohibits such officials from providing cluster munitions to a foreign nation, agency or armed force unless: (1) such munitions will be used in a combined military operation with the United States, and (2) the use of such munitions complies with this Act.