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Code · STATUTE-COMPILATIONS · John S. McCain National Defense Authorization Act for Fiscal Year 2019 · Sec. 936

Sec. 936. RESPONSIBILITY FOR POLICY ON CIVILIAN CASUALTY MATTERS

626 words·~3 min read·/statute-compilations/comps-15483/sec-936

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## SEC. 936 RESPONSIBILITY FOR POLICY ON CIVILIAN CASUALTY MATTERS **[**[10 U.S.C. 134 note](/us/usc/t10/s134)**]** ###
(a)Designation of Senior Civilian Official Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall designate a senior civilian official of the Department of Defense within the Office of the Secretary of Defense at or above the level of Assistant Secretary of Defense to develop, coordinate, and oversee compliance with the policy of the Department relating to civilian casualties resulting from United States military operations. ###
(b)Responsibilities The senior civilian official designated under subsection
(a)shall ensure that the policy referred to in that subsection provides for— ####
(1)uniform processes and standards across the combatant commands for accurately recording kinetic strikes by the United States military; ####
(2)the development and dissemination of best practices for reducing the likelihood of civilian casualties from United States military operations; ####
(3)the development of publicly available means appropriate to the specific regional circumstances, including an Internet-based mechanism, for the submittal to the United States Government of allegations of civilian casualties resulting from United States military operations; ####
(4)uniform processes and standards across the combatant commands for reviewing and investigating allegations of civilian casualties resulting from United States military operations, including the consideration of relevant information from all available sources; ####
(5)uniform processes and standards across the combatant commands for— #####
(A)acknowledging the responsibility of the United States military for civilian casualties resulting from United States military operations, including for acknowledging the status of any individuals killed or injured who were believed to be enemy combatants, but subsequently determined to be non-combatants; and #####
(B)offering 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, as determined to be reasonable and culturally appropriate by the designated senior civilian official; ####
(6)regular engagement with relevant intergovernmental and nongovernmental organizations; ####
(7)public affairs guidance with respect to matters relating to civilian casualties alleged or confirmed to have resulted from United States military operations; ####
(8)cultivating, developing, retaining, and disseminating— #####
(A)lessons learned for integrating civilian protection into operational planning and identifying the proximate cause or causes of civilian casualties; and #####
(B)practices developed to prevent, mitigate, or respond to such casualties;8 8So in law. The word “and” should appear after the semicolon at the end of paragraph (8)(B). ####
(9)such other matters with respect to civilian casualties resulting from United States military operations as the designated senior civilian official considers appropriate. ###
(c)Coordination The senior civilian official designated under subsection
(a)shall develop and implement steps to increase coordination with the relevant Chiefs of Mission and other appropriate positions in the Department of State with respect to the policies required pursuant to subsection
(a)and other matters or assistance related to civilian harm, resulting from military operations. ###
(d)Report Not later than 180 days after the date of the enactment of this Act, the senior civilian official designated under subsection
(a)shall submit to the congressional defense committees a report that describes— ####
(1)the policy developed by the senior civilian official under that subsection; and ####
(2)the efforts of the Department to implement such policy. ###
(e)Briefing Not later than 180 days after the date of the enactment of this subsection, the senior civilian official designated under subsection
(a)shall provide to the congressional defense committees a briefing on— ####
(1)the updates made to the policy developed by the senior civilian official pursuant to this section; and ####
(2)the efforts of the Department to implement such updates.
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Sec. 936
RESPONSIBILITY FOR POLICY ON CIVILIAN CASUALTY MATTERS
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