Sec. 1043. Civilian casualty prevention, mitigation, and response
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Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall establish an office within the Department of Defense, to be known as the Office for Civilian Casualty Prevention, Mitigation, and Response (in this section referred to as the Office ), to serve as the focal point for matters related to civilian casualties and other forms of civilian harm resulting from military operations involving the United States Armed Forces.
Subject to the authority, direction, and control of the Secretary, the Office shall be responsible for— collecting data and reports of investigations related to civilian casualty incidents; analyzing data and trends with respect to civilian casualties; conducting regular reviews of civilian harm prevention, mitigation, and response policies and practices across the Department of Defense; referring civilian casualty incidents for investigation by appropriate components within the Department of Defense, when necessary; making recommendations to the Secretary and the Joint Chiefs of Staff to improve civilian harm prevention, mitigation, and response; ensuring lessons learned from investigations of civilian casualty incidents are captured and institutionalized within policy, training, and tactics, techniques, and procedures of the Department of Defense; coordinating and synchronizing efforts across combatant commands, the Department of State, and other relevant United States Government departments and agencies to prevent, mitigate, and respond to civilian casualty incidents; engaging with nongovernmental organizations and civilian casualty experts; and such other responsibilities as are directed by the Secretary.
The head of the Office shall be the Director, who shall be appointed by the Secretary from among individuals qualified to serve as the Director who have significant experience and expertise relating to the protection of civilians. Not later than one year after the date of the enactment of this section, the Office shall complete and submit to the Secretary an analysis of a representative sample of civilian casualty assessment reports and other reports of investigations of civilian casualty incidents on or after August 1, 2014— to identify trends in civilian casualty incidents; to identify factors contributing to civilian casualties; to capture lessons learned from civilian casualty incidents; and to evaluate the extent to which such lessons have been incorporated into policy, training, and tactics, techniques, and procedures of the Department of Defense.
The analysis required by paragraph
(1)shall include recommendations to the Secretary for improving civilian harm prevention, mitigation, and response. Not later than 180 days after the date of the enactment of this section, and every 180 days thereafter until the date is 2 years after such date of enactment, the Director shall submit to the congressional defense committees a report on the status of the implementation by the Department of Defense of recommendations included in— the Civilian Casualty Review released by the Joint Staff in April 2018; the independent assessment of Department of Defense standards, processes, procedures, and policy relating to civilian casualties resulting from United States military operations required by section 1721 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1809); and the Civilian Harm Mitigation and Response Action Plan the Secretary of Defense directed to be developed on January 27, 2022. . The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: 148. Office for Civilian Casualty Prevention, Mitigation, and Response. . Of the amount authorized to be appropriated by section 301 for operation and maintenance, Defense-wide, and available as specified in the funding table in section 4301 for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the congressional defense committees the report required by section 1077 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3867) relating to civilian casualty resourcing and authorities.
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- 133 Stat. 1809
- 134 Stat. 3867
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Sec. 1043
Civilian casualty prevention, mitigation, and response
Stat.133 Stat. 1809
Stat.134 Stat. 3867
Cites 4Cited by 0 across 0 sources