113 S1035 IS: Targeted Strike Oversight Reform Act of 2013 U.S. Senate 2013-05-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 1st Session S. 1035 IN THE SENATE OF THE UNITED STATES May 23, 2013 Mr. King (for himself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To require an independent alternative analysis of the consideration of the use of targeted lethal force against a particular, known United States person knowingly engaged in acts of international terrorism against the United States and for other purposes.

1.

Short title

This Act may be cited as the Targeted Strike Oversight Reform Act of 2013.

2.

Definitions

In this Act: (1)

Congressional intelligence committees

The term congressional intelligence committees has the meaning given that term in section 3(7) of the National Security Act of 1947 (50 U.S.C. 3003(7)). (2)

Director

The term Director means the Director of National Intelligence. (3)

Intelligence community

The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (4)

United States person

The term United States person means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

3.

Alternative analysis

(a)

Notification of director

Upon a determination by the head of an element of the intelligence community that a particular, known United States person is knowingly engaged in acts of international terrorism against the United States, such that the United States Government is considering the legality or the use of targeted lethal force against that United States person, the head of the element shall, as soon as practicable, notify the Director of the determination. (b)

Independent alternative analysis

(1)

Requirement for alternative analysis

Not later than 15 days after the date the Director receives a notification under subsection (a), the Director shall complete an independent alternative analysis (commonly referred to as red-team analysis) of the information relied on to support the determination made under subsection (a). (2)

Independent leadership

In completing the independent alternative analysis required by paragraph (1), the Director shall ensure that the individual appointed to lead such alternative analysis does not report to the head of the element of the intelligence community who made the determination under subsection (a). (c)

Notification of the Inspector General of the Intelligence Community

As soon as practicable, the Director shall notify the Inspector General of the Intelligence Community of the receipt of a notification under subsection (a). (d)

Notification to Congress

As soon as practicable, the Director shall notify the congressional intelligence committees, in writing, of the receipt of a notification under subsection (a), including the identity of the United States person, and the results of the independent alternative analysis performed under subsection (b), including any written product containing the alternative analysis, or if no product has been created, a summary of such analysis. (e)

Construction with other law

Nothing in this section shall be construed to impede the ability of the United States Government to conduct any operation consistent with otherwise applicable law.

4.

Inspector General of the Intelligence Community review

On an annual basis the Inspector General of the Intelligence Community shall— (1)conduct a review of any notifications received under section 3(c) with respect to the element of the intelligence community’s compliance with all appropriate policies and procedures related to consideration of the use of targeted lethal force against a particular, known United States person; and (2)submit to the Director and the congressional intelligence committees a report on the findings of such review.

5.

Construction

Nothing in this Act or the amendments made by this Act may be construed to authorize the use of targeted lethal force against a United States person.