[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.''.
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