[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9696 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9696
To direct the Secretary of Defense to provide certain resources to
implement the Department of Defense policy on civilian harm in
connection with United States military operations, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 27, 2022
Mr. Khanna introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to provide certain resources to
implement the Department of Defense policy on civilian harm in
connection with 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. RESOURCES TO IMPLEMENT DEPARTMENT OF DEFENSE POLICY ON
CIVILIAN HARM 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 (Public Law 115-232;
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) 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 harm to civilians,
promotion of observance of human rights, and the
protection of civilians and civilian infrastructure,
including ensuring implementation of the policy of the
Department of Defense on harm to civilians resulting
from United States military operations.
(B) Overseeing civilian harm prevention,
mitigation, and response functions on behalf of the
commander of such command.
(C) Receiving reports of harm to civilians and
conducting assessments and investigations relating to
such harm.
(D) Analyzing incidents and trends with respect to
harm to civilians, identifying lessons learned, and
ensuring that lessons learned are incorporated into
updated command guidance and practices.
(E) Offering condolences and amends for harm to
civilians, including ex gratia payments.
(F) Ensuring the integration of activities relating
to civilian harm prevention, mitigation, and response,
the protection of civilians, and promotion of
observance of human rights in security cooperation
activities.
(G) Working with the Center for Excellence
established under section 184 of title 10, United
States Code.
(H) Consulting with non-governmental organizations
on civilian harm and human rights matters.
(2) Assign within the Office of the Under Secretary of
Defense 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 harm to civilians resulting from United
States military operations.
(3) 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 harm
to civilians 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 2023 through 2025,
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 harm prevention,
mitigation, and response.
(B) Information technology equipment, support and
maintenance, and data storage, in order to implement
the policy of the Department relating to harms to
civilians resulting from United States military
operations as required by section 936 of the John S.
McCain National Defense Authorization Act for Fiscal
Year 2019.
(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.
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