1. Short title
This Act may be cited as the “Oversight of Sensitive Military Operations Act”.
Oversight of Sensitive Military Operations Act
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.
2. Congressional notification of sensitive military operations
Notification required—
In general— Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:
“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).”
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:
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.
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.
3. Report on process for determining targets of lethal operations
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.
Congressional defense committees defined— In this section, the term “congressional defense committees” means—
the Committee on Armed Services and the Committee on Appropriations of the Senate; and
the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
4. Counterterrorism operational briefings
Briefings required— Chapter 23 of title 10, United States Code, is amended by adding at the end the following new section:
“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.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item: