military operations and work to develop an action 
plan to implement meaningful changes to further 
prevent and address such harm; 
(2) to agree with the Department that harms to 
civilians is 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, pro-
portionality, and the requirement to take fea-
sible precautions in planning and conducting 
operations to reduce the risk of harm to civil-
ians and other protected persons and objects; 
(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; 
(C) despite those commitments, military 
operations of the United States and partner 
countries during the two decades before the 
date of the enactment of this Act have resulted 
in civilian deaths and injuries, and damage to 
or destruction of civilian objects including crit-
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ical infrastructure, in at least Afghanistan, 
Iraq, Pakistan, Somalia, Syria, and Yemen; and 
(D) more must be done to improve the pro-
tection of civilians; 
(3) that the Department has submitted to Con-
gress four successive annual reports on civilian cas-
ualties resulting from United States military oper-
ations for calendar years 2017, 2018, 2019, and 
2020, 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 addi-
tional progress in— 
(A) developing at all combatant commands 
personnel and offices responsible for advising 
the commanders of such commands, and inte-
grating into command strategy, the promotion 
of observance of human rights and the protec-
tion 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 oper-
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ations, as required by section 936 of the John 
S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115–232; 10 
U.S.C. 134 note); 
(C) finalizing and implementing Depart-
ment-wide regulations to implement section 
1213 of the National Defense Authorization for 
Fiscal Year 2020 (Public Law 116–92; 10 
U.S.C. 2731 note), for ex gratia payments for 
damage, personal injury, or death that is inci-
dent to the use of force by the United States 
Armed Forces, a coalition that includes the 
United States, a military organization sup-
porting the United States, or a military organi-
zation supporting the United States or such co-
alition; and 
(D) professionalizing foreign partner forces 
to minimize, mitigate, and respond to harm to 
civilians, including in connection with arms 
transfers, train and equip programs, advise, as-
sist, accompany, and enable missions, and fully 
combined and coalition operations. 
SEC. 3. INTEGRITY OF CIVILIAN HARM INVESTIGATIONS. 
(a) INVESTIGATIONS BY OFFICERS OUTSIDE UNIT 
OR CHAIN OF COMMAND.—A commander in the Armed 
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Forces conducting an administrative investigation, com-
mander directed inquiry, or equivalent investigation of 
harms to civilians resulting from a United States military 
operation that was undertaken by one or more units under 
the command of the commander shall— 
(1) 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 com-
mand; or 
(2) if selecting an officer outside of such units 
or chain of command is not practicable, include an 
explanation in the investigative report and submit to 
the Center of Excellence described in section 7 a re-
port describing the reasons such a selection was not 
practicable. 
(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 ex-
tent practicable, be operationally separate from members 
of the Armed Forces who were directly involved in such 
operation. 
(c) WITNESS INTERVIEWS AND SITE VISITATIONS IN 
INVESTIGATIONS.— 
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(1) IN GENERAL.—Each investigation of harm 
to civilians resulting from a United States military 
operation shall, to the extent practicable, include— 
(A) interviews, remotely if necessary, of ci-
vilian survivors and witnesses (after obtaining 
their informed consent), including first respond-
ers and local medical authorities, and witnesses 
that may have moved to other locations; and 
(B) a visit by appropriate members of the 
United States Armed Forces to each site at 
which civilian casualties were confirmed or rea-
sonably suspected in connection with such oper-
ation. 
(2) INTERVIEWS OR VISITS BY ALTERNATIVE 
PERSONNEL.—If the Secretary of Defense deter-
mines that an interview described in subparagraph 
(A) of paragraph (1) or a visit described in subpara-
graph (B) of that paragraph is not practicable, the 
Secretary shall— 
(A) memorialize, in writing, the justifica-
tion for such determination; 
(B) make every reasonable effort to obtain, 
as the case may be— 
(i) such an interview, remotely if nec-
essary; or 
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(ii) a visit by appropriate military or 
civilian personnel of a partner or coalition 
military force, or by personnel of the na-
tional government concerned, or a local 
government capable of making such a visit 
in connection with the investigation con-
cerned; and 
(C) memorialize, in writing— 
(i) the results of any interview or visit 
under subparagraph (B); or 
(ii) if no interview or visit could be 
obtained under that subparagraph, the 
gaps in evidence in the investigation con-
cerned as a result of the lack of such an 
interview or visit, as the case may be. 
(d) CONSIDERATION OF CIVIL SOCIETY INFORMA-
TION.—Each investigation of harm to civilians resulting 
from a United States military operation shall— 
(1) to the extent practicable, obtain and incor-
porate open-source information and civil society doc-
umentation regarding the possible incident of harm 
to civilians; 
(2) consider all sources of relevant and credible 
reporting, including information from public reports 
and nongovernmental sources; and 
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(3) include a reporting mechanism for the re-
ceipt and processing of information received under 
paragraphs (1) and (2) that is relevant to the inves-
tigation, including online portals. 
SEC. 4. COORDINATION BETWEEN GEOGRAPHIC COMBAT-
ANT COMMANDS AND SPECIAL OPERATIONS 
COMMAND 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 and the Commander of the United States Spe-
cial Operations Command to coordinate with the Depart-
ment of State to establish and maintain an uninterrupted 
line of communication between such commands and the 
Chief of Mission (or the Chief’s designee) in any country 
in which any such command is conducting military oper-
ations in order to assist in the response to reports of harm 
to civilians 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 harm to civilians resulting from United States military 
operations undertaken by the command concerned in the 
country or operation concerned. 
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SEC. 5. DATABASE ON REPORTS ON ASSESSMENTS AND IN-
VESTIGATIONS. 
(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 Depart-
ment of Defense a database that preserves and organizes 
reports of the Department on assessments and investiga-
tions of harm to civilians resulting from United States 
military operations (including reports under section 1057 
of the National Defense Authorization Act for Fiscal Year 
2018), and the status and results of such assessments and 
investigations. 
(b) SEARCHABILITY.—The database required by sub-
section (a) shall be searchable by personnel across the De-
partment. 
(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 De-
partment 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 every 
30 days. 
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(e) PAST REPORTS ON CIVILIAN HARM.—The data-
base required by subsection (a) shall include, to the extent 
practicable, any Department of Defense reports already 
conducted on assessments and investigations of harm to 
civilians resulting from United States military operations 
between January 1, 2001, and the date of the enactment 
of this Act, as well as any reports conducted retroactively. 
SEC. 6. RESOURCES TO IMPLEMENT DEPARTMENT OF DE-
FENSE POLICY ON CIVILIAN HARM IN CON-
NECTION WITH UNITED STATES MILITARY 
OPERATIONS. 
(a) PURPOSE.—The purpose of this section is to fa-
cilitate fulfillment of the requirements in section 936 of 
the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (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) Add to, and assign within, each of the 
United States Central Command, the United States 
Africa Command, the United States Special Oper-
ations Command, the United States European Com-
mand, the United States Southern Command, the 
United States Indo-Pacific Command, and the 
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United States Northern Command not fewer than 
two personnel who shall have primary responsibility 
for the following in connection with military oper-
ations undertaken by such command: 
(A) Providing guidance and oversight re-
lating to prevention of and response to harm to 
civilians, promotion of observance of human 
rights, and the protection of civilians and civil-
ian infrastructure, including ensuring imple-
mentation 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. 
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(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 se-
curity cooperation activities. 
(G) Working with the Center of Excellence 
established under section 7. 
(H) Consulting with non-governmental or-
ganizations on civilian harm and human rights 
matters. 
(2) Add to, and assign within, the Office of the 
Under Secretary of Defense for Policy not fewer 
than two personnel who shall have primary responsi-
bility for implementing and overseeing implementa-
tion by the components of the Department of De-
fense of Department policy on harm to civilians re-
sulting 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 com-
ponents of the Department of Defense of De-
partment policy on harm to civilians resulting 
from United States military operations. 
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