I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Oversight of Sensitive 

3 Military Operations Act’’. 

4 SEC. 2. CONGRESSIONAL NOTIFICATION OF SENSITIVE 

5 MILITARY OPERATIONS. 

6 (a) NOTIFICATION REQUIRED.— 

7 (1) IN GENERAL.—Chapter 3 of title 10, United 

8 States Code, is amended by adding at the end the 

9 following new section: 

10 ‘‘§ 130f. Congressional notification of sensitive mili11 tary operations 

12 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

13 promptly submit to the congressional defense committees 

14 notice in writing of any sensitive military operation fol15 lowing such operation. 

16 ‘‘(b) PROCEDURES.—(1) The Secretary of Defense 

17 shall establish and submit to the congressional defense 

18 committees procedures for complying with the require19 ments of subsection (a) consistent with the national secu20 rity of the United States and the protection of operational 

21 integrity. 

22 ‘‘(2) The congressional defense committees shall en23 sure that committee procedures designed to protect from 

24 unauthorized disclosure classified information relating to 

25 national security of the United States are sufficient to proVerDate Mar 15 2010 04:49 May 11, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1904.IH H1904

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1 tect the information that is submitted to the committees 

2 pursuant to this section. 

3 ‘‘(c) SENSITIVE MILITARY OPERATION DEFINED.— 

4 The term ‘sensitive military operation’ means a lethal op5 eration or capture operation conducted by the armed 

6 forces outside the United States pursuant to— 

7 ‘‘(1) the Authorization for Use of Military 

8 Force (Public Law 107–40; 50 U.S.C. 1541 note); 

9 or 

10 ‘‘(2) any other authority except— 

11 ‘‘(A) a declaration of war; or 

12 ‘‘(B) a specific authorization for the use of 

13 force other than the authorization referred to in 

14 paragraph (1). 

15 ‘‘(d) EXCEPTION.—The notification requirement 

16 under subsection (a) shall not apply with respect to a sen17 sitive military operation executed within the territory of 

18 Afghanistan pursuant to the Authorization for Use of 

19 Military Force (Public Law 107–40; 50 U.S.C. 1541 

20 note). 

21 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to provide any new authority or 

23 to alter or otherwise affect the War Powers Resolution (50 

24 U.S.C. 1541 et seq.) or the Authorization for Use of Mili25 tary Force (Public Law 107–40; 50 U.S.C. 1541 note).’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by inserting after the item relating to section 130e 

4 the following new item: 

‘‘130f. Congressional notification regarding sensitive military operations.’’. 

5 (b) EFFECTIVE DATE.—Section 130f of title 10, 

6 United States Code, as added by subsection (a), shall 

7 apply with respect to any sensitive military operation (as 

8 defined in subsection (c) of such section) executed on or 

9 after the date of the enactment of this Act. 

10 (c) DEADLINE FOR SUBMITTAL OF PROCEDURES.— 

11 The Secretary of Defense shall submit to the congressional 

12 defense committees the procedures required under section 

13 130f(b) of title 10, United States Code, as added by sub14 section (a), by not later than 60 days after the date of 

15 the enactment of this Act. 

16 SEC. 3. REPORT ON PROCESS FOR DETERMINING TARGETS 

17 OF LETHAL OPERATIONS. 

18 (a) REPORT REQUIRED.—Not later than 60 days 

19 after the date of the enactment of this Act, the Secretary 

20 of Defense shall submit to the congressional defense com21 mittees a report containing an explanation of the legal and 

22 policy considerations and approval processes used in deter23 mining whether an individual or group of individuals could 

24 be the target of a lethal operation or capture operation 


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1 conducted by the Armed Forces of the United States out2 side the United States. 

3 (b) CONGRESSIONAL DEFENSE COMMITTEES DE4 FINED.—In this section, the term ‘‘congressional defense 

5 committees’’ means— 

6 (1) the Committee on Armed Services and the 

7 Committee on Appropriations of the Senate; and 

8 (2) the Committee on Armed Services and the 

9 Committee on Appropriations of the House of Rep10 resentatives. 

11 SEC. 4. COUNTERTERRORISM OPERATIONAL BRIEFINGS. 

12 (a) BRIEFINGS REQUIRED.—Chapter 23 of title 10, 

13 United States Code, is amended by adding at the end the 

14 following new section: 

15 ‘‘§ 492. Quarterly briefings: counterterrorism oper16 ations 

17 ‘‘(a) BRIEFINGS REQUIRED.—The Secretary of De18 fense shall provide to the congressional defense commit19 tees quarterly briefings outlining Department of Defense 

20 counterterrorism operations and related activities involv21 ing special operations forces. 

22 ‘‘(b) ELEMENTS.—Each briefing under subsection 

23 (a) shall include each of the following: 

24 ‘‘(1) A global update on activity within each ge25 ographic combatant command. 


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1 ‘‘(2) An overview of authorities and legal issues 

2 including limitations. 

3 ‘‘(3) An outline of interagency activities and 

4 initiatives. 

5 ‘‘(4) Any other matters the Secretary considers 

6 appropriate.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by adding 

9 at the end the following new item: 

‘‘492. Quarterly briefings: counterterrorism operations.’’. 

Æ 


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