Oversight of Sensitive Military Operations Act - Directs the Secretary of Defense (DOD) to notify the congressional defense and appropriations committees of any sensitive military operation (a lethal or capture operation conducted by U.S. Armed Forces outside the United States) promptly following such operation. Requires: (1) the Secretary to submit to such committees procedures for complying with such requirement consistent with U.S. national security and the protection of operational integrity, and (2) such committees to ensure that committee procedures designed to protect the unauthorized disclosure of U.S. national security information are sufficient to protect the information submitted. Makes the notification requirement inapplicable to a sensitive military operation executed within Afghanistan pursuant to the Authorization for Use of Military Force.
Requires the Secretary to submit to such committees an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group could become the target of a sensitive military operation.
Directs the Secretary to provide such committees quarterly briefings on DOD counterterrorism operations and related activities involving special operations forces.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1904 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1904
To amend title 10, United States Code, to require the Secretary of
Defense to notify the congressional defense committees of certain
sensitive military operations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2013
Mr. Thornberry (for himself, Mr. Conaway, Mr. Kline, Mrs. Hartzler, Mr.
Franks of Arizona, Mr. Turner, Mr. McKeon, Mr. Miller of Florida, Mr.
Rigell, Mr. Rogers of Alabama, Mr. Wenstrup, Mr. Wilson of South
Carolina, Mr. Heck of Nevada, Mr. Nugent, Mr. Bridenstine, Mr. Lamborn,
Mr. Wittman, Mr. Smith of Washington, Mr. Bishop of Utah, Mr. Langevin,
Mr. Shuster, Mr. Coffman, Mr. Forbes, Ms. Hanabusa, Mr. LoBiondo, Mr.
Hunter, Mr. Austin Scott of Georgia, Mrs. Roby, Mrs. Noem, and Mr.
Gibson) introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to require the Secretary of
Defense to notify the congressional defense committees of certain
sensitive military operations, 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. SHORT TITLE.
This Act may be cited as the ``Oversight of Sensitive Military
Operations Act''.
SEC. 2. CONGRESSIONAL NOTIFICATION OF SENSITIVE MILITARY OPERATIONS.
(a) Notification Required.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 130f. Congressional notification of sensitive military
operations
``(a) In General.--The Secretary of Defense shall promptly submit
to the congressional defense committees notice in writing of any
sensitive military operation following such operation.
``(b) Procedures.--(1) The Secretary of Defense shall establish and
submit to the congressional defense committees procedures for complying
with the requirements of subsection (a) consistent with the national
security of the United States and the protection of operational
integrity.
``(2) The congressional defense committees shall ensure that
committee procedures designed to protect from unauthorized disclosure
classified information relating to national security of the United
States are sufficient to protect the information that is submitted to
the committees pursuant to this section.
``(c) Sensitive Military Operation Defined.--The term `sensitive
military operation' means a lethal operation or capture operation
conducted by the armed forces outside the United States pursuant to--
``(1) the Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note); or
``(2) any other authority except--
``(A) a declaration of war; or
``(B) a specific authorization for the use of force
other than the authorization referred to in paragraph
(1).
``(d) Exception.--The notification requirement under subsection (a)
shall not apply with respect to a sensitive military operation executed
within the territory of Afghanistan pursuant to the Authorization for
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).
``(e) Rule of Construction.--Nothing in this section shall be
construed to provide any new authority or to alter or otherwise affect
the War Powers Resolution (50 U.S.C. 1541 et seq.) or the Authorization
for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130e the following new item:
``130f. Congressional notification regarding sensitive military
operations.''.
(b) Effective Date.--Section 130f of title 10, United States Code,
as added by subsection (a), shall apply with respect to any sensitive
military operation (as defined in subsection (c) of such section)
executed on or after the date of the enactment of this Act.
(c) Deadline for Submittal of Procedures.--The Secretary of Defense
shall submit to the congressional defense committees the procedures
required under section 130f(b) of title 10, United States Code, as
added by subsection (a), by not later than 60 days after the date of
the enactment of this Act.
SEC. 3. REPORT ON PROCESS FOR DETERMINING TARGETS OF LETHAL OPERATIONS.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an explanation of
the legal and policy considerations and approval processes used in
determining whether an individual or group of individuals could be the
target of a lethal operation or capture operation conducted by the
Armed Forces of the United States outside the United States.
(b) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
SEC. 4. COUNTERTERRORISM OPERATIONAL BRIEFINGS.
(a) Briefings Required.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 492. Quarterly briefings: counterterrorism operations
``(a) Briefings Required.--The Secretary of Defense shall provide
to the congressional defense committees quarterly briefings outlining
Department of Defense counterterrorism operations and related
activities involving special operations forces.
``(b) Elements.--Each briefing under subsection (a) shall include
each of the following:
``(1) A global update on activity within each geographic
combatant command.
``(2) An overview of authorities and legal issues including
limitations.
``(3) An outline of interagency activities and initiatives.
``(4) Any other matters the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``492. Quarterly briefings: counterterrorism operations.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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