SSCI Approves Intelligence Authorization Bill for FY2014
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The legislation, which the Senate Select Committee on Intelligence yesterday approved by a 13-2 vote, can be found here. The Committee's press release sums up the bill and can be found here.
There's all kinds of stuff to pore over. Among other things, the bill would provide for Senate confirmation of the Director and Inspector General of the National Security Agency, and require the executive branch annually to inform the intelligence committees of any opinions by the Office of Legal Counsel provided to an element of the intelligence community. A section sets forth some new whistleblower rules, too.
The Committee's proposal lastly contains some interesting language regarding targeted killing, starting with the below:
18 SEC. 311. TARGETED LETHAL FORCE OVERSIGHT REFORM...(b) ALTERNATIVE ANALYSIS.—(1) NOTIFICATION OF DIRECTOR.—Upon a determination by the head of an element of the intelligence community that a particular, known United States person is knowingly engaged in acts of international terrorism against the United States, such that the United States Government is considering the legality or the use of targeted lethal force against that United States person, the head of the element shall, as soon as practicable, notify the Director of the determination.(2) INDEPENDENT ALTERNATIVE ANALYSIS.—(A) REQUIREMENT FOR ALTERNATIVE ANALYSIS.—Not later than 15 days after the date the Director receives a notification under paragraph (1), the Director shall complete an independent alternative analysis (commonly referred to as ‘‘red-team analysis’’) of the information relied on to support the determination made under paragraph (1).(B) INDEPENDENT LEADERSHIP.—In completing the independent alternative analysis required by subparagraph (A), the Director shall ensure that the individual appointed to lead such alternative analysis does not report to the head of the element of the intelligence community who made the determination under paragraph (1).(3) NOTIFICATION OF THE INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.—As soon as practicable, the Director shall notify the Inspector General of the Intelligence Community of the receipt of a notification under paragraph (1).(4) NOTIFICATION TO CONGRESS.—As soon as practicable, the Director shall notify the congressional intelligence committees, in writing, of the receipt of a notification under paragraph (1), including the identity of the United States person, and the results of the independent alternative analysis performed under paragraph (2), including any written product containing the alternative analysis, or if no product has been created, a summary of such analysis.(5) CONSTRUCTION WITH OTHER LAW.—Nothing in this section shall be construed to impede the ability of the United States Government to conduct any operation consistent with otherwise applicable law.
And there's also this:
SEC. 312. UNCLASSIFIED ANNUAL REPORT ON THE USE OF TARGETED LETHAL FORCE OUTSIDE THE UNITED STATES.(a) REQUIREMENT FOR ANNUAL REPORT.—For each year, the President shall prepare and make public an annual report that sets forth the following:(1) The total number of combatants killed or injured during the preceding year by the use of targeted lethal force outside the United States by remotely piloted aircraft.(2) The total number of noncombatant civilians killed or injured during the preceding year by such use of targeted lethal force outside the United States.(b) TARGETED LETHAL FORCE DEFINED.—In this section, the term ‘‘targeted lethal force’’ means the act of directing lethal force at a particular person or group with the specific intent of killing those persons.(c) EXCEPTION.—A report required by subsection (a) shall not include—(1) any use of targeted lethal force in Afghanistan prior to the end of combat operations by the United States; or(2) any use of targeted lethal force in a foreign country described by a future declaration of war or authorization for the use of military force.
Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.
