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H.R. 2183 (113th): Drones Accountability Act

The text of the bill below is as of May 23, 2013 (Introduced).


I

113th CONGRESS

1st Session

H. R. 2183

IN THE HOUSE OF REPRESENTATIVES

May 23, 2013

introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Intelligence (Permanent Select) and 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 direct the Director of the CIA to cease lethal drone operations, and for other purposes.

1.

Short title

This Act may be cited as the “Drones Accountability Act”.

2.

Drones out of CIA

(a)

The Central Intelligence Agency shall not own, operate, command, or control any armed unmanned aerial vehicle or any combat aircraft.

(b)

No member of the Armed Forces, and no other employee or contractor of the Department of Defense, may carry out any order or authorization from any employee or contractor of the Central Intelligence Agency to use lethal force.

3.

Report requirement and legal opinion disclosure

(a)

The Department of Defense shall report to Congress on:

(1)

The existence and sufficiency of civilian protection mechanisms in accordance with international law binding to the United States via treaty including the 1949 Geneva Conventions for armed operations using unmanned aerial vehicle operations, including civilian casualty mitigation processes and post-strike investigatory procedures.

(2)

The methodology used to distinguish combatants from civilians prior to armed operations and after a strike has occurred.

(3)

The existence and sufficiency of standards for the identification of targets, including the reliability of signatures, and the sufficiency of intelligence sources and analysis where there is limited U.S. ground presence.

(4)

The existence and sufficiency of processes for recognizing the immediate and long-term effects of drones strikes on the organization being targeted and on the country or region in which the strike takes place.

(b)

Legal opinions provide to Congress: Not later than thirty days after the date of the enactment of this Act, and once every three months thereafter, the Department of Defense, the Department of Justice, and the Central Intelligence Agency shall provide all legal opinions providing advice regarding the authority to use lethal force to justify operations.

4.

Sense of Congress regarding moratorium on lethal drones until safeguards in place and limitation on use of funds used to target individuals not involved in imminent attack against U.S

(a)

It is the sense of Congress that a moratorium must be enforced against the lethal use of armed unmanned aerial vehicles until the Administration has presented and Congress has approved sufficient safeguards and sufficient oversight addressing highlighted in section 3(a)(i).

(b)

Until such safeguards are in place, no funds available for the United States Armed Forces or the Central Intelligence Agency may be obligated or expended for the purpose of using lethal force against an individual unless the individual presents an imminent threat to the United States, lethal force is the last resort, and the harm caused to civilians or civilian property is proportional and does not violate international humanitarian law adopted by the United States via treaty including the 1949 Geneva Conventions.