Title: Report on DoD Practices to Distinguish Between Civilians and Combatants Act of 2022
Policy area: Armed Forces and National Security

Summary:
Report on DoD Practices to Distinguish Between Civilians and Combatants Act of 2022
This bill requires the Department of Defense (DOD) to seek to enter into an agreement with a federally funded research and development center to prepare an independent report on DOD practices regarding distinguishing between combatants and civilians in U.S. military operations (i.e., a mission, strike, engagement, raid, or incident).

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9626 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9626

To require an independent report on Department of Defense practices for 
   distinguishing between combatants and civilians in United States 
              military operations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2022

 Mr. Khanna (for himself, Mr. Crow, Mr. Malinowski, and Ms. Jacobs of 
 California) introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To require an independent report on Department of Defense practices for 
   distinguishing between combatants and civilians in 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 ``Report on DoD Practices to 
Distinguish Between Civilians and Combatants Act of 2022''.

SEC. 2. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING DISTINCTION 
              BETWEEN COMBATANTS 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 
prepare an independent report on Department of Defense practices 
regarding distinguishing between combatants and civilians in United 
States military operations.
    (b) Elements.--The report required under subsection (a) shall 
include the following matters:
            (1) A description of how the Department of Defense and 
        individual members of the Armed Forces have differentiated 
        between combatants and civilians in both ground and air 
        operations since 2001, including in Afghanistan, Iraq, Syria, 
        Somalia, Libya, and Yemen, including--
                    (A) relevant policy and legal standards and how 
                these standards were implemented in practice;
                    (B) target engagement criteria; and
                    (C) whether military-aged males were presumptively 
                targetable.
            (2) A description of how the Department of Defense has 
        differentiated between combatants and civilians when assessing 
        allegations of civilian casualties 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 applied to in 
                assessing claims of civilian casualties; and
                    (B) any other matters the Secretary of Defense 
                determines appropriate.
    (c) Submission of Report.--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 setting forth an 
unaltered copy of the assessment under this section, together with the 
views of the Secretary on the assessment.
    (d) Definition of United States Military Operation.--In this 
section, the term ``United States military operations'' includes any 
mission, strike, engagement, raid, or incident involving United States 
Armed Forces.
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