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HR 66 WAR Act of 2013
Topic Started: 14 Jun 2013, 12:18 AM (80 Views)
Heather Holson
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48 Hours for Debate

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IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA, Mr. TERRUS and Mr. REESE, for themselves and Mr. KENSINGTON, offer: A BILL To formally end the War in Iraq, ensure accountability in the War on Terror, and provide accountability for the operation of unmanned aerial vehicles; BE IT ENACTED by the House of Representatives and Senate of the United States of America in Congress assembled; that

SECTION 1. SHORT TITLE, EFFECT.
(a) This bill shall be cited as the "War Authorization Reform Act of 2013" or the "WAR Act of 2013".

(b) This bill shall take effect upon its enactment.

SECTION 2. ELIMINATING THE BLANK CHEQUE FOR COMBAT OPERATIONS.

(a) Public Law 107-40 is hereby repealed.

(b) This section shall constitute a termination of the Congressional authorization provided, consistent with the War Powers Resolution, under Public Law 107-39.

SECTION 3. AUTHORIZING THE WAR ON TERROR.

(a) The President is authorized to use all necessary and appropriate force against Foreign Terrorist Organizations, as defined by the Secretary of State in accordance with Section 219 of the Immigration and Nationality Act, and the members of Foreign Terrorist Organizations, in order to prevent any future acts of international terrorism against the United States, and its allies, by such organizations.

(b) Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution, provided that nothing in this act supersedes any requirement of the War Powers Resolution.

SECTION 4. AUTHORIZING THE WAR IN AFGHANISTAN.

(a) The President is authorized to use all necessary and appropriate force against militant groups in Afghanistan in order to support the operations of the International Security and Assistance Force in Afghanistan, and in order to ensure the security of the Afghan nation, and in order to promote the stability of the Afghan government.

(b) Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution, provided that nothing in this act supersedes any requirement of the War Powers Resolution.

SECTION 5. TERMINATING AUTHORIZATION FOR THE WAR IN IRAQ.
(a) Public Law 107-243 is hereby repealed.

(b) Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to terminate specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

SECTION 6. OPERATION OF DRONES.

(a) Definitions- In this section--
(1) the term `drone' means an unmanned aircraft or an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft;
(2) the term 'unmanned aircraft' means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft;
(3) the term `serious bodily injury' has the meaning given that term in section 1365 of title 18, United States Code;
(4) the term `privacy protections' means protections that relate to the use, collection, and disclosure of information and data about individuals and groups of individuals; and
(5) the term 'model aircraft' means an unmanned aircraft that is capable of sustained flight, flown within visual line of sight of the person operating the aircraft, and flown for hobby or recreational purposes.

(b) Prohibition on Use of Drones Against Americans - No department, agency, or agent of the United States government may kill a citizen of the United States unless that individual poses an imminent threat of death or serious bodily injury to another individual in a combat situation, provided that 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.

(c) Limitation on Use of Surveillance Drones - No department, agency, or agent of the United States government may use an unmanned aircraft system, or request information or data collected by another entity using an unmanned aircraft system, for protective activities, or for law enforcement or intelligence purposes, except pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

(d) Private Right of Action.- A person injured by an act relating to an unmanned aircraft system in violation of the terms of this Act may bring in an appropriate State court or an appropriate district court of the United States-
(1) an action to enjoin such violation;
(2) an action to recover damages for actual monetary loss from such violation; or
(3) both such actions.

(e) Exceptions to Subsection (c) - Subsection (c) of this section shall not apply when the Director of National Intelligence, Secretary of Homeland Security, or Attorney General reasonably believes there is a high risk of a terrorist attack by a specific individual or organization.

(f) Model Planes Exception - Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft beyond reasonable protections against dangers to the national airspace system.

The WAR Act --
1. terminates authorization for the War in Iraq;
2. terminates the blank check authorization for the War on Terror, which presently allows the President to invade any nation or attack any group;
3. authorizes the President to conduct military operations against the Taliban and other insurgent groups in Afghanistan;
4. authorizes the President to conduct military operations against State Department designated terrorist groups anywhere in the world;
5. prohibits the President from using a UAV to kill a citizen of the United States anywhere in the world, except if that citizen poses a direct threat of death or serious bodily injury to another individual in a combat situation; and
6. prohibits the use of UAVs for surveillance within the United States except with a warrant or if the AG, Sec. Homeland Security, or DNI reasonably believes there is a high risk of a terrorist attack by a specific individual or organization.
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Brewer
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The GOP's Favorite Leech
Madame Speaker,

I rise as a huge proponent of this bill. Not only does it make an effort to establish the safety and security necessary for the American people, it protects their civil liberties as well. This is common sense legislation, and I move for Unanimous Consent.

I yield.
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Heather Holson
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Motion recognized. 24 hours for objections.
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AK3
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Mr. Speaker,

I object to make a few motions, which I will propose momentarily.

I yield
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AK3
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Mr. Speaker,

I move to amend Section 4 and provision (B) of Section 6, respectively, to read as follows;

Quote:
 
SECTION 4. AUTHORIZING THE RESTABILITATION AND LIBERATION IN AFGHANISTAN.

(a) The President is authorized to use all necessary and appropriate force against militant groups in Afghanistan through diplomatic measures in order to support the operations of the International Security and Assistance Force in Afghanistan, and in order to ensure the security of the Afghan nation, and in order to promote the stability of the Afghan government.

(b) Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution, provided that nothing in this act supersedes any requirement of the War Powers Resolution.


and;

Quote:
 
"(b) Prohibition on Use of Drones Against Americans - No department, agency, or agent of the United States government may kill a citizen of the world or foreign nation unless that individual poses an imminent threat of death or serious bodily injury to another individual in a combat situation, provided that 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."


I yield
Edited by AK3, 14 Jun 2013, 07:37 PM.
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Heather Holson
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Objection noted. Debate continues.
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Landry
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Winter is Coming to the Red States
Madam Speaker,

I move to the previous question.

I yield.
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Vissering
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I'm radioactive.
Madame Speaker,

I second the motion to call and yield.

EDIT: addressing the wrong person :p
Edited by Vissering, 15 Jun 2013, 12:05 AM.
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Heather Holson
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With less than 24 hours left in debate the motion is dilatory.
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Heather Holson
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Debate has ended this bill shall now be moved for a vote.
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