Expresses the sense of Congress with respect to the use of extrajudicial force against a citizen of the United States.
Prohibits anyone, including the President, from instructing an employee or an agent of the United States from engaging in, or conspiring to engage in, the extrajudicial killing of a U.S. citizen.
Requires the President to submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate: (1) a report on the identity of each U.S. citizen that is on the list of the Joint Special Operations Command or the Central Intelligence Agency (CIA) as a high value individual or a high value target, and (2) a written assurance that no U.S. citizens are being added to such list.
Defines "extrajudicial killing" to mean a premeditated and intentional use of lethal force against a U.S. citizen, but excludes from such definition the use of force in certain circumstances, including against a U.S. citizen whose guilt has been adjudicated consistent with due process of law, who is directly participating in hostilities in a zone of active armed conflict and the United States is a party to such conflict, or against whom force is required by law enforcement personnel for purposes of self defense, defense of others, or enabling the release of hostages.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6357 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6357
To prohibit the extrajudicial killing of United States citizens, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 2012
Mr. Kucinich (for himself and Mr. Grijalva) introduced the following
bill; which was referred to the Select Committee on Intelligence
(Permanent Select), and in addition to the Committees on the Judiciary
and Armed Services, 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 prohibit the extrajudicial killing of United States citizens, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Admiral Dennis C. Blair, then the Director of National
Intelligence, in testimony before the House Select Committee on
Intelligence on February 3, 2010, confirmed the policy of
including United States citizens on lists of people to be
assassinated maintained by the Central Intelligence Agency
(CIA) and the Joint Special Operations Command (JSOC), stating
that ``a decision to use lethal force against a U.S. citizen
must get special permission.''.
(2) The Obama administration publicly acknowledged that it
authorized the targeting of Anwar Al-Awlaki, a United States
citizen born in New Mexico who was accused of involvement in
terrorist organizations abroad, the first confirmed United
States citizen to be added to the CIA list of targets for
capture or killing.
(3) Anwar Al-Awlaqi and Samir Khan, 2 United States
citizens, were killed, without due process, by a United States
drone strike in Yemen on September 30, 2011.
(4) Abdul-Rahman Al-Awlaqi, a 16-year-old United States
citizen was killed, without due process, by a United States
drone strike in Yemen on October 14, 2011.
(5) United States Attorney General Eric Holder, Jr.,
recognized that the Department of Justice has successfully
prosecuted many terrorism defendants in Federal courts, stating
on Friday, November 13, 2009, that ``for over two hundred
years, our nation has relied on a faithful adherence to the
rule of law to bring criminals to justice . . . Once again we
will ask our legal system to rise to that challenge, and I am
confident it will answer the call with fairness and justice.''.
(6) The decision to use lethal force against United States
citizens abroad occurs absent congressional oversight, a
constitutionally guaranteed judicial process, or publicly
disclosed standards for inclusion on the United States
Government's ``high-value targets'' or ``high-value
individuals'' list.
(7) Executive Order 12333 (46 Fed. Reg. 59941; relating to
United States intelligence activities), issued by President
Ronald Reagan in 1981, stated, ``No person employed by or
acting on behalf of the United States Government shall engage
in, or conspire to engage in, assassination.''.
(8) Executive Order 11905 (41 Fed. Reg. 7703; relating to
United States foreign intelligence activities), issued by
President Gerald Ford in 1976, stated, ``No employee of the
United States Government shall engage in, or conspire to engage
in, political assassination.''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) due process of law is a fundamental right of the United
States Constitution, the United States has a commitment to
uphold and defend the rights included in the Bill of Rights,
and no United States citizen, regardless of location, should be
``deprived of life, liberty, property, without due process of
law'', as stated in article XIV of the Constitution;
(2) the participation in, or planning of activities, by the
United States Government that result in the extrajudicial
killing of a United States citizen undermines the rule of law
and the moral standing of the United States in the world;
(3) the United States and other responsible nations have a
vital interest in upholding the rule of law;
(4) the authority granted to the President in the
Authorization for Use of Military Force (50 U.S.C. 1541 note),
following the terrorist attacks of September 11, 2001, is not
limitless;
(5) the authority provided by the 2001 Authorization for
Use of Military Force has been used by the executive branch to
circumvent the role of Congress as a coequal branch of
Government, to justify holding prisoners indefinitely without
due process at Guantanamo Bay, for mass domestic spying on
United States citizens in violation of their most basic
constitutional rights, and using lethal force against United
States citizens abroad who are suspected of participating in
terrorist activities absent judicial review;
(6) the notion that the constitutional rights of one
citizen can be revoked to protect the constitutional rights of
other citizens should be rejected;
(7) the use of lethal force against a citizen of the United
States that is outside of the internationally recognized
battlefield of Afghanistan constitutes a violation of the law
of armed conflict; and
(8) it is in the best interest of the United States to
respect the rule of law and set the example for upholding the
principles of international and domestic law.
SEC. 3. PROHIBITION ON THE EXTRAJUDICIAL KILLING OF UNITED STATES
CITIZENS.
(a) Prohibition.--No one, including the President, may instruct a
person acting within the scope of employment with the United States
Government or an agent acting on behalf of the United States Government
to engage in, or conspire to engage in, the extrajudicial killing of a
United States citizen.
(b) Report on United States Citizens on Targeted Assassination
Lists.--Not later than 15 days after the date of the enactment of this
Act, the President shall submit to the congressional intelligence
committees a report on the identity of each United States citizen that
is on the list of the Joint Special Operations Command or the Central
Intelligence Agency as ``high-value individuals'' or ``high-value
targets''.
(c) Assurances to Congress.--Not later than 7 days after the date
of the enactment of this Act, the President shall submit to the
congressional intelligence committees a written assurance that no
United States citizens are being added to the list of the Joint Special
Operations Command or the Central Intelligence Agency as ``high-value
individuals'' or ``high-value targets''.
(d) Definitions.--In this section:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Select Committee on Intelligence of the
Senate.
(2) Extrajudicial killing.--The term ``extrajudicial
killing''--
(A) means a premeditated and intentional use of
lethal force against a United States citizen; and
(B) does not include--
(i) the use of lethal force against a
United States citizen after a trial and finding
of guilt for such citizen by an appropriate
tribunal consistent with due process of law;
(ii) the use of lethal force against a
United States citizen who is directly
participating in hostilities in a zone of
active armed conflict and the United States is
a party to such conflict; and
(iii) the use of lethal force against a
United States citizen that is authorized for
law enforcement personnel under certain
circumstances, including self-defense, defense
of others, and enabling the release of
hostages.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Intelligence (Permanent Select), and in addition to the Committees on the Judiciary, and Armed Services, 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.
Referred to the Committee on Intelligence (Permanent Select), and in addition to the Committees on the Judiciary, and Armed Services, 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.
Referred to the Committee on Intelligence (Permanent Select), and in addition to the Committees on the Judiciary, and Armed Services, 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.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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