Sec. 1268. Amendments relating to civilian casualty matters
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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) is amended— in subsection (b)— in paragraph (3)— by inserting appropriate to the specific regional circumstances after publicly available means ; and by inserting or in-person after Internet-based ; in paragraph (5)— in subparagraph (A), by inserting , including for acknowledging the status of any individuals killed or injured who were initially reported as lawful targets, but subsequently determined not to be lawful targets after operations ; and in subparagraph (B)— by inserting or other assistance after payments ; and by striking necessary and inserting reasonable and culturally appropriate ; and in paragraph (7), by striking and at the end; by redesignating paragraph
(8)as paragraph (10); and by inserting after paragraph
(7)the following: uniform processes and standards across the combatant commands for integrating civilian protection into operational planning, including assessments of the optimal staffing models for tracking, analyzing, and responding to civilian casualties in named military operations of various sizes and compositions, to include multinational coalition operations; cultivating, developing, retaining, and disseminating lessons learned about the proximate cause or causes of civilian casualties, and practices developed to prevent, mitigate, or respond to such casualties; and ; by redesignating subsection
(c)as subsection (d); by inserting after subsection
(b)the following: The senior civilian official designated under subsection
(a)shall develop and implement steps to increase coordination with the Chiefs of Mission and other appropriate positions in the Department of State in any country with respect to which the policy required pursuant to subsection
(a)is relevant. The coordination required by paragraph
(1)shall include the following: The development of publicly available means, appropriate to the specific regional circumstances, including an internet-based or in-person mechanism, for submission to the United States Government of allegations of civilian casualties resulting from United States military operations. The offering of reasonable and culturally appropriate ex gratia payments or other assistance to civilians who have been injured, or to the families of civilians killed, as a result of United States military operations. ; by inserting after subsection (d), as redesignated, the following: Not later than 180 days after the date of the enactment of this subsection, the senior civilian official designated under subsection
(a)shall brief the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on— the updates made to the policy developed by the senior civilian official pursuant to this section; and the efforts of the Department to implement such updates. . Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ) is amended— in subsection (a), by striking congressional defense committees and inserting appropriate congressional committees ; and in subsection (b)— in paragraph (3), by striking the period at the end and inserting the following: and, when relevant, makes ex gratia payments or provides other assistance to the victims or their families, including— whether interviews were conducted with witnesses and survivors of United States lethal actions, directly or through a third party or intermediary; whether the investigation relied on public reports or other nongovernmental sources; and the process, criteria, and methodology used to assess external allegations of civilian casualties, including the sources of such allegations. ; in paragraph (4), by adding at the end before the period the following: , including any assistance and support, as appropriate, provided for civilians displaced by such operations ; by redesignating paragraph
(6)as paragraph (9); and by inserting after paragraph
(5)the following: A list of allegations where the Department could confirm United States military activity but could not confirm civilian casualties due to lack of evidence, and any steps taken to further corroborate the allegations. A list of allegations that the Department could not fully assess in a Civilian Casualty Assessment Review
(CCAR)due to lack of information and any steps taken to obtain additional information needed to conduct a CCAR. A description of the specific criteria the Department employed during the CCAR to determine that a civilian casualty is more likely than not to have occurred. ; and by adding at the end the following: In this section, the term appropriate congressional committees means— the congressional defense committees; and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. .
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Sec. 1268
Amendments relating to civilian casualty matters
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