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10 U.S.C. § 130fNotification requirements for sensitive military operations

submitted 13 years ago by Pub. L. 113-66 to r/title-10-ARMED-FORCES · 484 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense must notify Congress's defense committees within 48 hours of a sensitive operation. "Sensitive military operation" covers targeted lethal or capture missions, self-defense actions, and hostage-rescue operations. The Secretary must also brief the committees regularly and set procedures to protect classified details.

(a) In General. The Secretary of Defense must promptly send Congress's defense committees written notice of any sensitive military operation carried out under this title, no later than 48 hours after the operation. (b) Procedures. (1) The Secretary must set up, and give the committees, procedures for meeting this 48-hour requirement while still protecting national security and operational integrity, and must notify the committees in writing of any changes to those procedures at least 14 days before adopting them. (2) The committees must make sure their own procedures for protecting classified national-security information are strong enough to protect what gets submitted under this section. (3) If a sensitive operation covered by this section gets disclosed without authorization, the Secretary must make sure, as much as practical, the committees are told immediately — that notice can be verbal or written, but if it's verbal, written notice must follow within 48 hours. (c) Briefing Requirement. The Secretary must periodically brief the committees on Defense Department personnel and equipment assigned to sensitive military operations, including Defense Department support for operations run under the National Security Act of 1947. (d) Sensitive Military Operation Defined. "Sensitive military operation" means (1) a lethal or capture operation, by the armed forces or by a foreign partner coordinating with them, aimed at a specific person or people; (2) an operation the armed forces conduct in self-defense or to defend foreign partners, including during a joint operation; or (3) an operation the armed forces conduct to free someone from hostile foreign forces' control. (e) Rule of Construction. Nothing here creates new authority, or changes the War Powers Resolution, the 2001 Authorization for Use of Military Force, or any requirement under the National Security Act of 1947. (f) Collective Self-defense Notification Requirement. Within 48 hours after a foreign partner force is designated as eligible for collective self-defense support from the armed forces (under subsection (d)(1)(B)), the Secretary must give the committees written notice of that designation.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military operation conducted under this title no later than 48 hours 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. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.

(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.

(3)

In the event of an unauthorized disclosure of a sensitive military operation covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the congressional defense committees are notified immediately of the sensitive military operation concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision of the verbal notification.

(c)Briefing Requirement.—

The Secretary of Defense shall periodically brief the congressional defense committees on Department of Defense personnel and equipment assigned to sensitive military operations, including Department of Defense support to such operations conducted under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).

(d)Sensitive Military Operation Defined.—

In this section, the term “sensitive military operation” means—

(1)

a lethal operation or capture operation conducted by the armed forces or conducted by a foreign partner in coordination with the armed forces that targets a specific individual or individuals;

(2)

an operation conducted by the armed forces in self-defense or in defense of foreign partners, including during a cooperative operation; or

(3)

an operation conducted by the armed forces to free an individual from the control of hostile foreign forces.

(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.), the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), or any requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).

(f)Collective Self-defense Notification Requirement.—

Not later than 48 hours after the date on which a foreign partner force has been designated as eligible for the provision of collective self-defense by the armed forces for the purposes of subsection (d)(1)(B), the Secretary of Defense shall provide to the congressional defense committees notice in writing of such designation.

Source credit: (Added Pub. L. 113–66, div. A, title X, § 1041(a)(1), Dec. 26, 2013, 127 Stat. 856; amended Pub. L. 114–92, div. A, title X, § 1043, Nov. 25, 2015, 129 Stat. 977; Pub. L. 114–328, div. A, title X, § 1036(a)–(f)(1), Dec. 23, 2016, 130 Stat. 2391, 2392; Pub. L. 115–91, div. A, title X, § 1081(a)(6), Dec. 12, 2017, 131 Stat. 1594; Pub. L. 115–232, div. A, title X, § 1031(a), (b), Aug. 13, 2018, 132 Stat. 1953; Pub. L. 117–81, div. A, title X, § 1042, Dec. 27, 2021, 135 Stat. 1903.)

history & why it existsrecord from the source credit
  • 2013Enacted · Pub. L. 113-66 · 127 Stat. 856
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 977
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2391, 2392
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1594
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1953
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 1903

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-66 on 2013-12-26.

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