[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7174 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7174
To enhance protections of civilians during United States military
operations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2020
Mr. Khanna introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To enhance protections of civilians during United States military
operations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Civilians in Military
Operations Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress--
(1) to commend the Department of Defense for the measures
it has implemented and is currently implementing to prevent,
mitigate, track, investigate, learn from, respond to, and
report civilian casualties resulting from United States
military operations;
(2) to agree with the Department that civilian casualties
are a tragic and unavoidable part of war, and to recognize
that--
(A) the Department endeavors to conduct all
military operations in compliance with the
international law of armed conflict and the laws of the
United States, including distinction, proportionality,
and the requirement to take feasible precautions in
planning and conducting operations to reduce the risk
of harm to civilians and other protected persons and
objects; and
(B) the protection of civilians and other protected
persons and objects, in addition to a legal obligation
and a strategic interest, is a moral and ethical
imperative;
(3) that the Department has submitted to Congress three
successive annual reports on civilian casualties resulting from
United States military operations for calendar years 2017,
2018, and 2019, and has updated reports as appropriate; and
(4) to recognize the efforts of the Department, both in
policy and in practice, to reduce the harm to civilians and
other protected persons and objects resulting from United
States military operations, and to encourage the Department to
make additional progress in--
(A) developing at all combatant commands personnel
and offices responsible for advising the commanders of
such commands, and integrating into command strategy,
the promotion of observance of human rights and the
protection of civilians and other protected persons and
objects;
(B) finalizing and implementing the policy of the
Department relating to civilian casualties resulting
from United States military operations, as required by
section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 134
note);
(C) finalizing Department-wide regulations to
implement section 1213 of the National Defense
Authorization for Fiscal Year 2020 (Public Law 116-92)
for ex gratia payments for damage, personal injury, or
death that is incident to the use of force by the
United States Armed Forces, a coalition that includes
the United States, a military organization supporting
the United States, or a military organization
supporting the United States or such coalition; and
(D) professionalizing foreign partner forces to
reduce civilian casualties, including in connection
with train and equip programs, advise, assist,
accompany, and enable missions, and fully combined and
coalition operations.
SEC. 3. MODIFICATION OF ANNUAL REPORT ON CIVILIAN CASUALTIES IN
CONNECTION WITH UNITED STATES MILITARY OPERATIONS.
Section 1057 of the National Defense Authorization Act for Fiscal
Year 2018 (10 U.S.C. 113 note) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) through (9) as
paragraphs (3) through (10), respectively;
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) A list of each authorized advise, assist, accompany,
and enable mission during the year covered by such report
during which civilian casualties or human rights abuses by
partner forces were observed or later reported.''; and
(C) in subparagraph (A) of paragraph (4), as
redesignated by subparagraph (A) of this paragraph, by
inserting before the semicolon the following: ``, and
any measures in place for preventing, mitigating, and
responding to the death or injury to civilians that
occurs during advise, assist, accompany, and enable
missions conducted by United States military
personnel'';
(2) in subsection (d)--
(A) in the second sentence, by striking ``, and
shall be made available'' and all that follows and
inserting a period; and
(B) by adding at the end the following new
sentence: ``The unclassified form of each report shall
be published on an Internet website of the Department
available to the public concurrently with its
submission to Congress.'';
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Human Rights Abuses Defined.--In this section the term `human
rights abuses' has the meaning given the term `gross violations of
internationally recognized human rights' in section 502B(d)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)).''.
SEC. 4. INTEGRITY OF CIVILIAN CASUALTY INVESTIGATIONS.
(a) Investigations by Officers Outside Unit or Chain of Command.--A
commander in the Armed Forces conducting an administrative
investigation, commander directed inquiry, or equivalent investigation
on civilian casualties resulting from a United States military
operation that was undertaken by one or more units under the command of
the commander shall, to the extent practicable, select as an officer to
conduct such investigation an officer in the Armed Forces outside of
such units or chain of command.
(b) Separation of Investigative Personnel From Personnel Involved
in Operations.--The military or civilian personnel of the Armed Forces
who conduct an investigation on civilian casualties resulting from a
United States military operation shall, to the extent practicable, be
operationally separate from members of the Armed Forces who were
directly involved in such operation.
(c) Site Visitations in Investigations.--
(1) In general.--Each investigation on civilian casualties
resulting from a United States military operation shall, to the
extent practicable, include a visit (including the interview of
civilian survivors and witnesses after their informed consent)
by appropriate members of the United States Armed Forces to
each site at which civilian casualties were confirmed or
reasonably suspected in connection with such operation.
(2) Visits by alternative personnel.--If the Secretary of
Defense determines that a visit by members of the United States
Armed Forces to a site as otherwise required by paragraph (1)
is not practicable, the Secretary shall--
(A) memorialize, in writing, the justification for
such determination;
(B) make every reasonable effort to obtain such a
visit by appropriate military or civilian personnel of
a partner or coalition military force, or by personnel
of the national government concerned, or a local
government, capable of making such a visit in
connection with the investigation concerned; and
(C) memorialize, in writing--
(i) the results of any visit under
subparagraph (B); or
(ii) if no visit could be obtained under
that subparagraph, the gaps in evidence in the
investigation concerned as a result of the lack
of such a visit.
SEC. 5. COORDINATION BETWEEN GEOGRAPHIC COMBATANT COMMANDS AND THE
DEPARTMENT OF STATE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall direct each
commander of a geographic combatant command to coordinate with the
Department of State to establish and maintain an uninterrupted line of
communication between such command and the Chief of Mission (of the
Chief's designee) in any country in which such command is conducting
military operations in order to assist in the response to reports of
civilian casualties resulting from such military operations.
(b) Primary Objective.--The primary objective of the line of
communication under this section shall be to serve as a channel for
fielding and coordinating reports of civilian casualties resulting from
United States military operations undertaken by the command concerned
in the country concerned.
SEC. 6. DATABASE ON REPORTS ON INVESTIGATIONS.
(a) Database Required.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall establish and
maintain within the Department of Defense a database that preserves and
organizes reports of the Department on investigations of civilian
casualties resulting from United States military operations (including
reports under section 1057 of the National Defense Authorization Act
for Fiscal Year 2018, as amended by section 3 of this Act), and the
results of such investigations.
(b) Searchability.--The database required by subsection (a) shall
be searchable by personnel across the Department.
(c) Availability to Public.--The public shall have access to, and
be able to search, the database required by subsection (a) through an
internet website of the Department that is available to the public. For
purposes of such access, appropriate information in the database may be
maintained in a classified annex in the interests of the national
security of the United States, and access to such annex appropriately
limited.
(d) Update.--The database required by subsection (a) shall be
updated not less frequently than once each year.
SEC. 7. RESOURCES TO IMPLEMENT DEPARTMENT OF DEFENSE POLICY ON CIVILIAN
CASUALTIES IN CONNECTION WITH UNITED STATES MILITARY
OPERATIONS.
(a) Purpose.--The purpose of this section is to facilitate
fulfillment of the requirements in section 936 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134
note).
(b) Personnel.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall do the following:
(1) Add to, and assign within, each of the United States
Central Command, the United States Africa Command, the United
States Special Operations Command, the United States European
Command, the United States Southern Command, the United States
Indo-Pacific Command, and the United States Northern Command
not fewer than two personnel who shall have primary
responsibility for the following in connection with military
operations undertaken by such command:
(A) Providing guidance and oversight relating to
prevention of and response to civilian casualties,
promotion of observance of human rights, and the
protection of civilians and civilian infrastructure.
(B) Overseeing civilian casualty response functions
on behalf of the commander of such command.
(C) Receiving reports of civilian casualties and
conduct of civilian casualty assessments.
(D) Analyzing civilian casualty incidents and
trends.
(E) Offering condolences for casualties, including
ex gratia payments.
(F) Ensuring the integration of activities relating
to civilian casualty mitigation, protection of
civilians, and promotion of observance of human rights
in security cooperation activities.
(G) Consulting with non-governmental organizations
on civilian casualty and human rights matters.
(2) Add to, and assign within, the Office of the Under
Secretary for Policy not fewer than two personnel who shall
have primary responsibility for implementing and overseeing
implementation by the components of the Department of Defense
of Department policy on civilian casualties resulting from
United States military operations.
(3) Add to, and assign within, the Joint Staff not fewer
than two personnel who shall have primary responsibility for
the following:
(A) Overseeing implementation by the components of
the Department of Defense of Department policy on
civilian casualties resulting from United States
military operations.
(B) Developing and sharing in the implementation of
such policy.
(C) Communicating operational guidance on such
policy.
(c) Training, Software, and Other Requirements.--
(1) In general.--In each of fiscal years 2021 through 2023,
the Secretary of Defense and each Secretary of a military
department may obligate and expend, from amounts specified in
paragraph (2), not more than $5,000,000 for the following:
(A) Training related to civilian casualty
mitigation and response.
(B) Information technology equipment, support and
maintenance, and data storage, in order to implement--
(i) the policy of the Department related
relating to civilian casualties resulting from
United States military operations as required
by section 936 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019;
and
(ii) the database required by section 6.
(2) Funds.--The funds for a fiscal year specified in this
subparagraph are funds as follows:
(A) In the case of the Secretary of Defense,
amounts authorized to be appropriated for such fiscal
year for operation and maintenance, Defense-wide.
(B) In the case of a Secretary of a military
department, amounts authorized to be appropriated for
such fiscal year for operation and maintenance for the
components of the Armed Forces under the jurisdiction
of such Secretary.
SEC. 8. UNITED STATES MILITARY OPERATIONS DEFINED.
In this Act, the term ``United States military operations''
includes any mission, strike, engagement, raid, or incident involving
United States Armed Forces.
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