Oversight of Sensitive Military Operations Act

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. Short title This Act may be cited as the Oversight of Sensitive Military Operations Act 2. Congressional notification of sensitive military operations (a) Notification required (1) In general Chapter 3 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 (1) the Authorization for Use of Military Force ( Public Law 107–40 50 U.S.C. 1541 (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 (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. Public Law 107–40 . (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 (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. 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 (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. 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: 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. .

Summary: Oversight of Sensitive Military Operations Act - Directs the Secretary of Defense (DOD) to notify the congressional defense and appropriations committees of any sensitive military operation (a lethal or capture operation conducted by U.S. Armed Forces outside the United States) promptly following such operation. Requires: (1) the Secretary to submit to such committees procedures for complying with such requirement consistent with U.S. national security and the protection of operational integrity, and (2) such committees to ensure that committee procedures designed to protect the unauthorized disclosure of U.S. national security information are sufficient to protect the information submitted. Makes the notification requirement inapplicable to a sensitive military operation executed within Afghanistan pursuant to the Authorization for Use of Military Force. Requires the Secretary to submit to such committees an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group could become the target of a sensitive military operation. Directs the Secretary to provide such committees quarterly briefings on DOD counterterrorism operations and related activities involving special operations forces.