I 117th CONGRESS 2d Session H. R. 9696 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.

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.