(B) Developing and sharing in the imple-
mentation of such policy. 
(C) Communicating operational guidance 
on such policy. 
(c) TRAINING, SOFTWARE, AND OTHER REQUIRE-
MENTS.— 
(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 pre-
vention, mitigation, and response. 
(B) Information technology equipment, 
support and maintenance, and data storage, in 
order to implement— 
(i) the policy of the Department relat-
ing to harms to civilians resulting from 
United States military operations as re-
quired by section 936 of the John S. 
McCain National Defense Authorization 
Act for Fiscal Year 2019; and 
(ii) the database required by section 
5. 
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(2) FUNDS.—The funds for a fiscal year speci-
fied in this subparagraph are funds as follows: 
(A) In the case of the Secretary of De-
fense, amounts authorized to be appropriated 
for such fiscal year for operation and mainte-
nance, Defense-wide. 
(B) In the case of a Secretary of a military 
department, amounts authorized to be appro-
priated for such fiscal year for operation and 
maintenance for the components of the Armed 
Forces under the jurisdiction of such Secretary. 
SEC. 7. DEPARTMENT OF DEFENSE CENTER OF EXCEL-
LENCE FOR THE PROTECTION OF CIVILIANS. 
(a) IN GENERAL.—Chapter 4 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 148 Center of Excellence for the Protection of Ci-
vilians 
‘‘(a) CENTER OF EXCELLENCE FOR THE PROTEC-
TION OF CIVILIANS.—There is within the Office of the 
Secretary of Defense a Center of Excellence for the Pro-
tection of Civilians (in this section referred to as the ‘Cen-
ter’). 
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‘‘(b) FUNCTIONS AND COMPOSITION.—The Center 
shall serve as the primary organization in the Department 
of Defense responsible for— 
‘‘(1) advising the Secretary of Defense and sen-
ior United States Government officials on efforts to 
prevent, mitigate, and respond to harm to civilians 
during United States military operations; 
‘‘(2) ensuring the full implementation of the 
Department of Defense Instruction on Responding 
to Civilian Harm in Military Operations and subse-
quent guidance pertaining to civilian harm preven-
tion, mitigation, and response; 
‘‘(3) conducting regular audits of civilian harm 
prevention, mitigation, and response policies and 
practices across the Department of Defense, includ-
ing at the combatant commands, including align-
ment of Department policies, practices, and other 
guidance with the law of armed conflict and other 
applicable international law; 
‘‘(4) convening on a quarterly basis an inter-
agency task force to assess progress on civilian harm 
prevention, mitigation, and response, which shall in-
clude the Department of Defense, the Department of 
State, the Central Intelligence Agency, the United 
States Agency for International Development, and 
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such other agencies as the President considers ap-
propriate; 
‘‘(5) tracking data relating to harm to civilians, 
analyzing such data over time for trends, and ensur-
ing the public release of such data on a regular 
basis; 
‘‘(6) conducting post-strike assessments and in-
vestigations of suspected harm to civilians, including 
wherever possible interviews with victims and sur-
vivors, and in consultation with civil society organi-
zations and relevant United States Government 
agencies, and publicly releasing all such assessments 
and investigations with minimal redactions only for 
legitimately classified information; 
‘‘(7) based on post-strike assessments, inves-
tigations, and trend analysis, recommending indi-
vidual amends and remedies for harm to civilians, 
recommending accountability measures in cases of 
wrongdoing, and suggesting changes to policy and 
practice based on findings; 
‘‘(8) issuing amends for harm to civilians 
caused by 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 
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the United States or such coalition, including formal 
apologies, ex gratia payments, and other assistance, 
in consultation with civilian victims, survivors, and 
their representatives; 
‘‘(9) engaging with civil society no less than bi-
annually to ensure the most accurate and com-
prehensive information about harm to civilians is 
known to the United States Government and that 
United States Government efforts to improve civilian 
harm policies and practice are informed by the expe-
riences and needs of civilians affected by military op-
erations of the United States and partner countries; 
‘‘(10) conducting assessments and investiga-
tions and reporting on instances of civilian harm 
that have occurred in the past; and 
‘‘(11) ensuring that lessons learned from civil-
ian harm assessments, investigations, and other 
sources are reflected in updated doctrine, policies, 
procedures, and practices, and monitoring and as-
sessing implementation of lessons learned. 
‘‘(c) DIRECTOR.—(1) There is a Director of the Cen-
ter, who shall be the head of the Center, and who shall 
be appointed by the Secretary of Defense. The Director 
of the Center shall be a civilian with significant experience 
and expertise relating to the protection of civilians. 
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‘‘(2) The Director of the Center shall— 
‘‘(A) report directly to the Secretary of De-
fense; and 
‘‘(B) carry out the functions of the Center 
under subsection (b). 
‘‘(d) STAFF.—The Center shall have sufficient staff 
to carry out the functions of the Center under subsection 
(b), including— 
‘‘(1) a general officer (as defined in section 
101(b) of this title) with significant experience and 
expertise on the protection of civilians; and 
‘‘(2) analysts and investigators detailed from 
the Department of State, the United States Agency 
for International Development, the Central Intel-
ligence Agency, and civil society organizations. 
‘‘(e) ACCESS TO INTELLIGENCE.—The Center shall 
be provided with access, in accordance with applicable pro-
visions of law, to all intelligence and other reporting pos-
sessed or acquired by the United States Government per-
taining to harm to civilians resulting from United States 
military operations. 
‘‘(f) ANNUAL REPORTS.—(1) At the direction of the 
Secretary of Defense, the Director of the Center shall sub-
mit to the congressional defense committees, the Com-
mittee on Foreign Relations of the Senate, and the Com-
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mittee on Foreign Affairs of the House of Representatives 
an annual report on the activities of the Center. The Di-
rector shall also publish an unclassified form of the report 
on an internet website of the Department available to the 
public concurrently with its submission to Congress. 
‘‘(2) Each report required by paragraph (1) shall in-
clude a discussion of— 
‘‘(A) the activities of the Center and its 
progress toward implementing the functions of the 
Center under subsection (b); 
‘‘(B) the assessment of the Director of United 
States Government policies and practices for civilian 
harm prevention, mitigation, and response; 
‘‘(C) the recommendations of the Director for 
improved civilian harm prevention, mitigation, and 
response policies and practices; and 
‘‘(D) the recommendations of the Director for 
any legislative or other actions necessary to improve 
the ability of the Center to carry out its functions.’’. 
‘‘(g) GUIDANCE.—Not later than 120 days after the 
date of the enactment of this section, the Director of the 
Center shall, at the direction of the Secretary of Defense 
and in consultation with civilian victims and survivors, de-
velop further guidance on the provision of amends or con-
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dolences for harm to civilians, including monetary and 
non-monetary mechanisms. 
‘‘(h) FUNDS.—For each of fiscal years 2023 through 
2025, there is authorized to be appropriated for the De-
partment of Defense $25,000,000 for the Director to 
carry out the functions specified in subsections (a) 
through (g).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 147 the following new 
item: 
‘‘148. Center of Excellence for the Protection of Civilians.’’. 
SEC. 8. REPORT ON DEPARTMENT OF DEFENSE PRACTICES 
REGARDING DISTINCTION BETWEEN COM-
BATANTS AND CIVILIANS IN UNITED STATES 
MILITARY OPERATIONS. 
(a) REPORT.—The Secretary of Defense shall seek to 
enter into an agreement with a federally funded research 
and development center to conduct an independent report 
on Department of Defense practices regarding distin-
guishing between combatants and civilians in United 
States military operations. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include the following matters: 
(1) A description of how the Department of De-
fense and individual members of the Armed Forces 
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have differentiated between combatants and civilians 
in both ground and air operations since 2001, in-
cluding in Afghanistan, Iraq, Syria, Somalia, Libya, 
and Yemen, including— 
(A) relevant policy and legal standards and 
how these standards were implemented in prac-
tice; 
(B) target engagement criteria; and 
(C) whether military-aged males were pre-
sumptively targetable. 
(2) A description of how the Department of De-
fense has differentiated between combatants and ci-
vilians when assessing allegations of civilian casual-
ties since 2001, including in Afghanistan, Iraq, 
Syria, Somalia, Libya, and Yemen, including— 
(A) relevant policy and legal standards and 
the factual indicators these standards were ap-
plied to in assessing claims of civilian casual-
ties; and 
(B) any other matters the Secretary of De-
fense determines appropriate. 
(c) SUBMISSION OF REPORT.— 
(1) IN GENERAL.—Not later than July 1, 2023, 
the Secretary of Defense shall submit to the con-
gressional defense committees a report setting forth 
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an unaltered copy of the assessment under this sec-
tion, together with the views of the Secretary on the 
assessment. 
(2) FORM OF REPORT.—The report under para-
graph (1) shall be submitted in unclassified form, 
but may contain a classified annex. 
SEC. 9. DEFINITIONS. 
In this Act: 
(1) CIVILIAN HARM.—The term ‘‘harm’’, with 
respect to civilians, means— 
(A) injury to, death of, or destruction of 
property of civilians; and 
(B) any other harm to civilians caused as 
a result of the use of force. 
(2) CONGRESSIONAL DEFENSE COMMITTEES.— 
The term ‘‘congressional defense committees’’ has 
the meaning given the term in section 101(a)(16) of 
title 10, United States Code. 
(3) UNITED STATES MILITARY OPERATIONS.— 
The term ‘‘United States military operations’’ in-
cludes any mission, strike, engagement, raid, or inci-
dent involving United States Armed Forces. 
Æ 
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