[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5112 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5112

  To direct the Secretary of Defense to establish procedures for the 
review and reinvestigation of certain allegations of civilian harm that 
    resulted from United States military operations, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2023

   Ms. Jacobs (for herself, Mr. Khanna, Mr. Crow, and Mr. Kim of New 
   Jersey) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Defense to establish procedures for the 
review and reinvestigation of certain allegations of civilian harm that 
    resulted from 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 ``Civilian Harm Review and 
Reassessment Act''.

SEC. 2. PROCEDURES FOR REVIEW AND REINVESTIGATION OF ALLEGATIONS OF 
              CIVILIAN HARM RESULTING FROM CERTAIN UNITED STATES 
              MILITARY OPERATIONS.

    (a) Procedures Required.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall establish 
procedures under which the Secretary shall review and reinvestigate 
allegations of civilian harm that--
            (1) resulted from military operations involving the United 
        States Armed Forces that were conducted between 2011 and 2023; 
        and
            (2) the Secretary finds were likely incorrectly dismissed 
        due to investigation errors or incomplete information.
    (b) Consultation.--In establishing the procedures under subsection 
(a), the Secretary of Defense shall consult with nongovernmental 
organizations that focus on civilian harm and human rights.
    (c) Policy Updates.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report that includes--
            (1) a description of any errors identified during the 
        review and re-investigation process required under subsection 
        (a);
            (2) an identification of any revised credibility 
        assessments and new credibility findings;
            (3) a description of steps taken in response to new 
        credibility findings, including any offers of ex gratia 
        payments; and
            (4) recommended steps to prevent similar errors in the 
        future.
    (d) Congressional Defense Committees.--In this section, the term 
``congressional defense committees'' means--
            (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.
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