II 

113TH CONGRESS 

1ST SESSION S. 1035 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Targeted Strike Over5 sight Reform Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CONGRESSIONAL INTELLIGENCE COMMIT2 TEES.—The term ‘‘congressional intelligence com3 mittees’’ has the meaning given that term in section 

4 3(7) of the National Security Act of 1947 (50 

5 U.S.C. 3003(7)). 

6 (2) DIRECTOR.—The term ‘‘Director’’ means 

7 the Director of National Intelligence. 

8 (3) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

10 that term in section 3(4) of the National Security 

11 Act of 1947 (50 U.S.C. 3003(4)). 

12 (4) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ means a citizen of the 

14 United States or an alien lawfully admitted for per15 manent residence (as defined in section 101(a)(20) 

16 of the Immigration and Nationality Act (8 U.S.C. 

17 1101(a)(20)). 

18 SEC. 3. ALTERNATIVE ANALYSIS. 

19 (a) NOTIFICATION OF DIRECTOR.—Upon a deter20 mination by the head of an element of the intelligence 

21 community that a particular, known United States person 

22 is knowingly engaged in acts of international terrorism 

23 against the United States, such that the United States 

24 Government is considering the legality or the use of tar25 geted lethal force against that United States person, the 


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1 head of the element shall, as soon as practicable, notify 

2 the Director of the determination. 

3 (b) INDEPENDENT ALTERNATIVE ANALYSIS.— 

4 (1) REQUIREMENT FOR ALTERNATIVE ANAL5 YSIS.—Not later than 15 days after the date the Di6 rector receives a notification under subsection (a), 

7 the Director shall complete an independent alter8 native analysis (commonly referred to as ‘‘red-team 

9 analysis’’) of the information relied on to support 

10 the determination made under subsection (a). 

11 (2) INDEPENDENT LEADERSHIP.—In com12 pleting the independent alternative analysis required 

13 by paragraph (1), the Director shall ensure that the 

14 individual appointed to lead such alternative analysis 

15 does not report to the head of the element of the in16 telligence community who made the determination 

17 under subsection (a). 

18 (c) NOTIFICATION OF THE INSPECTOR GENERAL OF

19 THE INTELLIGENCE COMMUNITY.—As soon as prac20 ticable, the Director shall notify the Inspector General of 

21 the Intelligence Community of the receipt of a notification 

22 under subsection (a). 

23 (d) NOTIFICATION TO CONGRESS.—As soon as prac24 ticable, the Director shall notify the congressional intel25 ligence committees, in writing, of the receipt of a notificaVerDate Mar 15 2010 00:46 May 29, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1035.IS S1035

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1 tion under subsection (a), including the identity of the 

2 United States person, and the results of the independent 

3 alternative analysis performed under subsection (b), in4 cluding any written product containing the alternative 

5 analysis, or if no product has been created, a summary 

6 of such analysis. 

7 (e) CONSTRUCTION WITH OTHER LAW.—Nothing in 

8 this section shall be construed to impede the ability of the 

9 United States Government to conduct any operation con10 sistent with otherwise applicable law. 

11 SEC. 4. INSPECTOR GENERAL OF THE INTELLIGENCE COM12 MUNITY REVIEW. 

13 On an annual basis the Inspector General of the In14 telligence Community shall— 

15 (1) conduct a review of any notifications re16 ceived under section 3(c) with respect to the element 

17 of the intelligence community’s compliance with all 

18 appropriate policies and procedures related to con19 sideration of the use of targeted lethal force against 

20 a particular, known United States person; and 

21 (2) submit to the Director and the congres22 sional intelligence committees a report on the find23 ings of such review. 


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1 SEC. 5. CONSTRUCTION. 

2 Nothing in this Act or the amendments made by this 

3 Act may be construed to authorize the use of targeted le4 thal force against a United States person. 

Æ 


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