Sec. 8. Report on Department of Defense practices regarding distinction between combatants and civilians in United States military operations
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The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct an independent report on Department of Defense practices regarding distinguishing between combatants and civilians in United States military operations. The report required under subsection
(a)shall include the following matters: 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— relevant policy and legal standards and how these standards were implemented in practice; target engagement criteria; and whether military-aged males were presumptively targetable. 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— relevant policy and legal standards and the factual indicators these standards were applied to in assessing claims of civilian casualties; and any other matters the Secretary of Defense determines appropriate. Not later than July 1, 2023, 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. The report under paragraph
(1)shall be submitted in unclassified form, but may contain a classified annex.