Text: H.R.1269 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Introduced in House (03/19/2013)


113th CONGRESS
1st Session
H. R. 1269

To prohibit the use of lethal military force against citizens of the United States located within the United States.


IN THE HOUSE OF REPRESENTATIVES
March 19, 2013

Mr. Radel (for himself, Mr. Amash, and Mr. Massie) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary and Select Intelligence (Permanent Select), 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 use of lethal military force against citizens of the United States located within the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Life, Liberty, and Justice for All Americans Act”.

SEC. 2. Prohibition on use of lethal military force against citizens of the United States within the United States.

(a) Prohibition.—The President may not use lethal military force against a citizen of the United States who is located in the United States.

(b) Exception.—The prohibition under subsection (a) shall not apply to the President using lethal military force against an individual if the President determines that—

(1) the individual poses an imminent threat of death or serious bodily injury to another individual; and

(2) using such force will prevent or minimize such deaths or serious bodily injuries.

(c) Construction.—Nothing in this section shall be construed to suggest that the Constitution would otherwise allow the killing of a citizen of the United States without due process of law.

(d) Definitions.—In this section:

(1) The term “lethal military force” means a targeted killing or other lethal action by the Federal Government that is typically used against an enemy of the United States, including through the use of an unmanned aircraft or other aircraft, regardless of the department or agency carrying out the targeted killing or other action.

(2) The term “serious bodily injury” has the meaning given that term in section 1365(h)(3) of title 18, United States Code.

(3) The term “United States”, as used in a territorial sense, has the meaning given that term in section 5 of title 18, United States Code.

(4) The term “unmanned aircraft” has the meaning given that term in section 331(8) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).