Title: 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.
Policy area: Armed Forces and National Security

Summary:
This bill requires the Department of Defense to assign personnel to specified offices and commands to be responsible for providing guidance related to the prevention of harm to civilians.

[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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