,,ii #aafth ,,congress #b;d ,session ,s4 #cheb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #a1 #bjbj,ms4 ,warren introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to enhance protections of civilians during ,united ,states military operations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protection of ,civilians in ,military ,operations ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress-- 7#a7 to commend the ,department of ,defense for the measures it has implemented and is currently implementing to prevent1 mitigate1 track1 investigate1 learn from1 respond to1 and report civilian casualties resulting from ,united ,states military operations2 7#b7 to agree with the ,department that civilian casualties are a tragic and unavoidable part of war1 and to recognize that-- 7,a7 the ,department endeavors to conduct all military operations in compliance with the international law of armed conflict and the laws of the ,united ,states1 including distinction1 proportionality1 and the requirement to take feasible precautions in planning and conducting operations to reduce the risk of harm to civilians and other protected persons and objects2 and 7,b7 the protection of civilians and other protected persons and objects1 in addition to a legal obligation and a strategic interest1 is a moral and ethical imperative2 7#c7 that the ,department has submitted to ,congress three successive annual reports on civilian casualties resulting from ,united ,states military operations for calendar years #bjag1 #bjah1 and #bjai1 and has updated reports as appropriate2 and 7#d7 to recognize the efforts of the ,department1 both in policy and in practice1 to reduce the harm to civilians and other protected persons and objects resulting from ,united ,states military operations1 and to encourage the ,department to make additional progress in-- 7,a7 developing at all combatant commands personnel and offices responsible for advising the commanders of such commands1 and integrating into command strategy1 the promotion of observance of human rights and the protection of civilians and other protected persons and objects2 7,b7 finalizing and implementing the policy of the ,department relating to civilian casualties resulting from ,united ,states military operations1 as required by section #icf of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7#aj ,u4,s4,c4 #acd note72 7,c7 finalizing ,department-wide regulations to implement section #abac of the ,national ,defense ,authorization for ,fiscal ,year #bjbj 7,public ,law #aaf-ib71 for ex gratia payments for damage1 personal injury1 or death that is incident to the use of force by the ,united ,states ,armed ,forces1 a coalition that includes the ,united ,states1 a military organization supporting the ,united ,states1 or a military organization supporting the ,united ,states or such coalition2 and 7,d7 professionalizing foreign partner forces to reduce civilian casualties1 including in connection with train and equip programs1 advise1 assist1 accompany1 and enable missions1 and fully combined and coalition operations4 #c4 ,modification of annual report on civilian casualties in connection with ,united ,states military operations ,section #ajeg of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjah 7#aj ,u4,s4,c4 #aac note71 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#b7 through 7#i7 as paragraphs 7#c7 through 7#aj71 respectively2 7,b7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 ,a list of each authorized advise1 assist1 accompany1 and enable mission during the year covered by such report during which civilian casualties or human rights abuses by partner forces were observed or later reported4 2 and 7,c7 in subparagraph 7,a7 of paragraph 7#d71 as redesignated by subparagraph 7,a7 of this paragraph1 by inserting before the semicolon the following3 1 and any measures in place for preventing1 mitigating1 and responding to the death or injury to civilians that occurs during advise1 assist1 accompany1 and enable missions conducted by ,united ,states military personnel2 7#b7 in subsection 7d7-- 7,a7 in the second sentence1 by striking 1 and shall be made available and all that follows and inserting a period2 and 7,b7 by adding at the end the following new sentence3 ,the unclassified form of each report shall be published on an internet website of the ,department available to the public concurrently with its submission to ,congress42 7#c7 by redesignating subsection 7e7 as subsection 7f73 and 7#d7 by inserting after subsection 7d7 the following new subsection 7e73 7e7 ,human rights abuses defined ,in this section the term human rights abuses has the meaning given the term gross violations of internationally recognized human rights in section #ejb;,b7d77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;d77#a774 4 #d4 ,integrity of civilian casualty investigations 7a7 ,investigations by officers outside unit or chain of command ,a commander in the ,armed ,forces conducting an administrative investigation1 commander directed inquiry1 or equivalent investigation on civilian casualties resulting from a ,united ,states military operation that was undertaken by one or more units under the command of the commander shall1 to the extent practicable1 select as an officer to conduct such investigation an officer in the ,armed ,forces outside of such units or chain of command4 7b7 ,separation of investigative personnel from personnel involved in operations ,the military or civilian personnel of the ,armed ,forces who conduct an investigation on civilian casualties resulting from a ,united ,states military operation shall1 to the extent practicable1 be operationally separate from members of the ,armed ,forces who were directly involved in such operation4 7c7 ,site visitations in investigations 7#a7 ,in general ,each investigation on civilian casualties resulting from a ,united ,states military operation shall1 to the extent practicable1 include a visit 7including the interview of civilian survivors and witnesses after their informed consent7 by appropriate members of the ,united ,states ,armed ,forces to each site at which civilian casualties were confirmed or reasonably suspected in connection with such operation4 7#b7 ,visits by alternative personnel ,if the ,secretary of ,defense determines that a visit by members of the ,united ,states ,armed ,forces to a site as otherwise required by paragraph 7#a7 is not practicable1 the ,secretary shall-- 7,a7 memorialize1 in writing1 the justification for such determination2 7,b7 make every reasonable effort to obtain such a visit by appropriate military or civilian personnel of a partner or coalition military force1 or by personnel of the national government concerned1 or a local government1 capable of making such a visit in connection with the investigation concerned2 and 7,c7 memorialize1 in writing-- 7i7 the results of any visit under subparagraph 7,b72 or 7ii7 if no visit could be obtained under that subparagraph1 the gaps in evidence in the investigation concerned as a result of the lack of such a visit4 #e4 ,coordination between geographic combatant commands and the ,department of ,state 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall direct each commander of a geographic combatant command to coordinate with the ,department of ,state to establish and maintain an uninterrupted line of communication between such command and the ,chief of ,mission 7of the ,chief's designee7 in any country in which such command is conducting military operations in order to assist in the response to reports of civilian casualties resulting from such military operations4 7b7 ,primary objective ,the primary objective of the line of communication under this section shall be to serve as a channel for fielding and coordinating reports of civilian casualties resulting from ,united ,states military operations undertaken by the command concerned in the country concerned4 #f4 ,database on reports on investigations 7a7 ,database required ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,defense shall establish and maintain within the ,department of ,defense a database that preserves and organizes reports of the ,department on investigations of civilian casualties resulting from ,united ,states military operations 7including reports under section #ajeg of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjah1 as amended by section #c of this ,act71 and the results of such investigations4 7b7 ,searchability ,the database required by subsection 7a7 shall be searchable by personnel across the ,department4 7c7 ,availability to public ,the public shall have access to1 and be able to search1 the database required by subsection 7a7 through an internet website of the ,department that is available to the public4 ,for purposes of such access1 appropriate information in the database may be maintained in a classified annex in the interests of the national security of the ,united ,states1 and access to such annex appropriately limited4 7d7 ,update ,the database required by subsection 7a7 shall be updated not less frequently than once each year4 #g4 ,resources to implement ,department of ,defense policy on civilian casualties in connection with ,united ,states military operations 7a7 ,purpose ,the purpose of this section is to facilitate fulfillment of the requirements in section #icf of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7#aj ,u4,s4,c4 #acd note74 7b7 ,personnel ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall do the following3 7#a7 ,add to1 and assign within1 each of the ,united ,states ,central ,command1 the ,united ,states ,africa ,command1 the ,united ,states ,special ,operations ,command1 the ,united ,states ,european ,command1 the ,united ,states ,southern ,command1 the ,united ,states ,indo-,pacific ,command1 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 command3 7,a7 ,providing guidance and oversight relating to prevention of and response to civilian casualties1 promotion of observance of human rights1 and the protection of civilians and civilian infrastructure4 7,b7 ,overseeing civilian casualty response functions on behalf of the commander of such command4 7,c7 ,receiving reports of civilian casualties and conduct of civilian casualty assessments4 7,d7 ,analyzing civilian casualty incidents and trends4 7,e7 ,offering condolences for casualties1 including ex gratia payments4 7,f7 ,ensuring the integration of activities relating to civilian casualty mitigation1 protection of civilians1 and promotion of observance of human rights in security cooperation activities4 7,g7 ,consulting with non-governmental organizations on civilian casualty and human rights matters4 7#b7 ,add to1 and assign within1 the ,office of the ,under ,secretary 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 civilian casualties resulting from ,united ,states military operations4 7#c7 ,add to1 and assign within1 the ,joint ,staff not fewer than two personnel who shall have primary responsibility for the following3 7,a7 ,overseeing implementation by the components of the ,department of ,defense of ,department policy on civilian casualties resulting from ,united ,states military operations4 7,b7 ,developing and sharing in the implementation of such policy4 7,c7 ,communicating operational guidance on such policy4 7c7 ,training1 software1 and other requirements 7#a7 ,in general ,in each of fiscal years #bjba through #bjbc1 the ,secretary of ,defense and each ,secretary of a military department may obligate and expend1 from amounts specified in paragraph 7#b71 not more than #e1jjj1jjj for the following3 7,a7 ,training related to civilian casualty mitigation and response4 7,b7 ,information technology equipment1 support and maintenance1 and data storage1 in order to implement-- 7i7 the policy of the ,department relating to civilian casualties resulting from ,united ,states military operations as required by section #icf of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai2 and 7ii7 the database required by section #f4 7#b7 ,funds ,the funds for a fiscal year specified in this subparagraph are funds as follows3 7,a7 ,in the case of the ,secretary of ,defense1 amounts authorized to be appropriated for such fiscal year for operation and maintenance1 ,defense-wide4 7,b7 ,in the case of a ,secretary of a military department1 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 ,secretary4 #h4 ,united ,states military operations defined ,in this ,act1 the term ,united ,states military operations includes any mission1 strike1 engagement1 raid1 or incident involving ,united ,states ,armed ,forces4