,,ii  #aagth ,,congress  #b;d ,session  
,s4 #dajh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #bh1    
#bjbb,ms4 ,warren 7for herself1 ,mr4    
,durbin1 ,mr4 ,merkley1 and ,mr4        
,sanders7 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 its    
renewed commitment to preventing and    
addressing harm to civilians resulting  
from ,united ,states military operations
 and work to develop an action plan to  
implement meaningful changes to further 
prevent and address such harm2  7#b7 to 
agree with the ,department that harms to
 civilians is 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  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 despite those 
commitments1 military operations of the 
,united ,states and partner countries   
during the two decades before the date  
of the enactment of this ,act have      
resulted in civilian deaths and         
injuries1 and damage to or destruction  
of civilian objects including critical  
infrastructure1 in at least             
,afghanistan1 ,iraq1 ,pakistan1         

,somalia1 ,syria1 and ,yemen2 and  7,d7 
more must be done to improve the        
protection of civilians2  7#c7 that the 
,department has submitted to ,congress  
four successive annual reports on       
civilian casualties resulting from      
,united ,states military operations for 
calendar years #bjag1 #bjah1 #bjai1 and 
#bjbj1 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,public ,law #aae-bcb2 #aj       
,u4,s4,c4 #acd note72  7,c7 finalizing  
and implementing ,department-wide       
regulations to implement section #abac  
of the ,national ,defense ,authorization
 for ,fiscal ,year #bjbj 7,public ,law  
#aaf-ib2 #aj ,u4,s4,c4 #bgca note71 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 minimize1     
mitigate1 and respond to harm to        
civilians1 including in connection with 

arms transfers1 train and equip         
programs1 advise1 assist1 accompany1 and
 enable missions1 and fully combined and
 coalition operations4  #c4 ,integrity  
of civilian harm 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 of harms to civilians     
resulting from a ,united ,states        
military operation that was undertaken  
by one or more units under the command  
of the commander shall-- 7#a7 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 command2 or     
7#b7 if selecting an officer outside of 
such units or chain of command is not   
practicable1 include an explanation in  
the investigative report and submit to  
the ,center of ,excellence described in 
section #g a report describing the      

reasons such a selection was not        
practicable4  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        
,witness interviews and site visitations
 in investigations  7#a7 ,in general    
,each investigation of harm to civilians
 resulting from a ,united ,states       
military operation shall1 to the extent 
practicable1 include-- 7,a7 interviews  
7remotely if necessary7 of civilian     
survivors and witnesses 7after obtaining
 their informed consent71 including     
first responders and local medical      
authorities1 and witnesses that may have
 moved to other locations2 and  7,b7 a  
visit 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   
,interviews or visits by alternative    
personnel ,if the ,secretary of ,defense
 determines that an interview described 
in subparagraph 7,a7 of paragraph 7#a7  
or a visit described in subparagraph    
7,b7 of that paragraph is not           
practicable1 the ,secretary shall-- 7,a7
 memorialize1 in writing1 the           
justification for such determination2   
7,b7 make every reasonable effort to    
obtain1 as the case may be-- 7i7 such an
 interview2 or  7ii7 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 interview or visit under 

subparagraph 7,b72 or  7ii7 if no       
interview or visit could be obtained    
under that subparagraph1 the gaps in    
evidence in the investigation concerned 
as a result of the lack of such an      
interview or visit1 as the case may be4 
7d7 ,consideration of civil society     
information ,each investigation of harm 
to civilians resulting from a ,united   
,states military operation shall-- 7#a7 
to the extent practicable1 obtain and   
incorporate open-source information and 
civil society documentation regarding   
the possible incident of harm to        
civilians2  7#b7 consider all sources of
 relevant and credible reporting1       
including information from public       
reports and nongovernmental sources2 and
  7#c7 include a reporting mechanism for
 the receipt and processing of          
information received under paragraphs   
7#a7 and 7#b7 that is relevant to the   
investigation1 including online portals4
  #d4 ,coordination between geographic  
combatant commands and ,special         

,operations ,command 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 and   
the ,commander of the ,united ,states   
,special ,operations ,command to        
coordinate with the ,department of      
,state to establish and maintain an     
uninterrupted line of communication     
between such commands and the ,chief of 
,mission 7or the ,chief's designee7 in  
any country in which any such command is
 conducting military operations in order
 to assist in the response to reports of
 harm to civilians 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    
harm to civilians resulting from ,united
 ,states military operations undertaken 
by the command concerned in the country 

or operation concerned4  #e4 ,database  
on reports on assessments and           
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 
assessments and investigations of harm  
to civilians resulting from ,united     
,states military operations 7including  
reports under section #ajeg of the      
,national ,defense ,authorization ,act  
for ,fiscal ,year #bjah71 and the status
 and results of such assessments and    
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 every #cj days4   
7e7 ,past reports on civilian harm ,the 
database required by subsection 7a7     
shall include1 to the extent            
practicable1 any ,department of ,defense
 reports already conducted on           
assessments and investigations of harm  
to civilians resulting from ,united     
,states military operations between     
,january #a1 #bjja1 and the date of the 
enactment of this ,act1 as well as any  
reports conducted retroactively4  #f4   
,resources to implement ,department of  
,defense policy on civilian harm 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,public ,law   
#aae-bcb2 #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 harm to civilians1 promotion of      

observance of human rights1 and the     
protection of civilians and civilian    
infrastructure1 including ensuring      
implementation of the policy of the     
,department of ,defense on harm to      
civilians resulting from ,united ,states
 military operations4  7,b7 ,overseeing 
civilian harm prevention1 mitigation1   
and response functions on behalf of the 
commander of such command4  7,c7        
,receiving reports of harm to civilians 
and conducting assessments and          
investigations relating to such harm4   
7,d7 ,analyzing incidents and trends    
with respect to harm to civilians1      
identifying lessons learned1 and        
ensuring that lessons learned are       
incorporated into updated command       
guidance and practices4  7,e7 ,offering 
condolences and amends for harm to      
civilians1 including ex gratia payments4
  7,f7 ,ensuring the integration of     
activities relating to civilian harm    
prevention1 mitigation1 and response1   
the protection of civilians1 and        

promotion of observance of human rights 
in security cooperation activities4     
7,g7 ,working with the ,center of       
,excellence established under section   
#g4  7,h7 ,consulting with              
non-governmental organizations on       
civilian harm and human rights matters4 
7#b7 ,add to1 and assign within1 the    
,office of the ,under ,secretary of     
,defense 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 harm  
to civilians 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 harm to civilians 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 #bjbc through #bjbe1 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 harm      
prevention1 mitigation1 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  
harms to civilians 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 #e4  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  #g4 ,department of   
,defense ,center of ,excellence for the 
,protection of ,civilians  7a7 ,in      
general ,chapter #d of title #aj1       
,united ,states ,code1 is amended by    
adding at the end the following new     
section3  #adh ,center of ,excellence   
for the ,protection of ,civilians  7a7  
,center of ,excellence for the          
,protection of ,civilians ,there is     
within the ,office of the ,secretary of 
,defense a ,center of ,excellence for   
the ,protection of ,civilians 7in this  

section referred to as the ,center74    
7b7 ,functions and composition ,the     
,center shall serve as the primary      
organization in the ,department of      
,defense responsible for-- 7#a7 advising
 the ,secretary of ,defense and senior  
,united ,states ,government officials on
 efforts to prevent1 mitigate1 and      
respond to harm to civilians during     
,united ,states military operations2    
7#b7 ensuring the full implementation of
 the ,department of ,defense            
,instruction on ,responding to ,civilian
 ,harm in ,military ,operations and     
subsequent guidance pertaining to       
civilian harm prevention1 mitigation1   
and response2  7#c7 conducting regular  
audits of civilian harm prevention1     
mitigation1 and response policies and   
practices across the ,department of     
,defense1 including at the combatant    
commands1 including alignment of        
,department policies1 practices1 and    
other guidance with the law of armed    
conflict and other applicable           

international law2  7#d7 convening on a 
quarterly basis an interagency task     
force to assess progress on civilian    
harm prevention1 mitigation1 and        
response1 which shall include the       
,department of ,defense1 the ,department
 of ,state1 the ,central ,intelligence  
,agency1 the ,united ,states ,agency for
 ,international ,development1 and such  
other agencies as the ,president        
considers appropriate2  7#e7 tracking   
data relating to harm to civilians1     
analyzing such data over time for       
trends1 and ensuring the public release 
of such data on a regular basis2  7#f7  
conducting post-strike assessments and  
investigations of suspected harm to     
civilians1 including wherever possible  
interviews with victims and survivors1  
and in consultation with civil society  
organizations and relevant ,united      
,states ,government agencies1 and       
publicly releasing all such assessments 
and investigations with minimal         
redactions only for legitimately        

classified information2  7#g7 based on  
post-strike assessments1 investigations1
 and trend analysis1 recommending       
individual amends and remedies for harm 
to civilians1 recommending              
accountability measures in cases of     
wrongdoing1 and suggesting changes to   
policy and practice based on findings2  
7#h7 issuing amends for harm to         
civilians caused by 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 coalition1      
including formal apologies1 ex gratia   
payments1 and other assistance1 in      
consultation with civilian victims1     
survivors1 and their representatives2   
7#i7 engaging with civil society no less
 than biannually to ensure the most     
accurate and comprehensive information  
about harm to civilians is known to the 
,united ,states ,government and that    

,united ,states ,government efforts to  
improve civilian harm policies and      
practice are informed by the experiences
 and needs of civilians affected by     
military operations of the ,united      
,states and partner countries2  7#aj7   
conducting assessments and              
investigations and reporting on         
instances of civilian harm that have    
occurred in the past2 and  7#aa7        
ensuring that lessons learned from      
civilian harm assessments1              
investigations1 and other sources are   
reflected in updated doctrine1 policies1
 procedures1 and practices1 and         
monitoring and assessing implementation 
of lessons learned4  7c7 ,director  7#a7
 ,there is a ,director of the ,center1  
who shall be the head of the ,center1   
and who shall be appointed by the       
,secretary of ,defense4 ,the ,director  
of the ,center shall be a civilian with 
significant experience and expertise    
relating to the protection of civilians4
  7#b7 ,the ,director of the ,center    

shall-- 7,a7 report directly to the     
,secretary of ,defense2 and  7,b7 carry 
out the functions of the ,center under  
subsection 7b74  7d7 ,staff ,the ,center
 shall have sufficient staff to carry   
out the functions of the ,center under  
subsection 7b71 including-- 7#a7 a      
general officer 7as defined in section  
#aja7;b7 of this title7 with significant
 experience and expertise on the        
protection of civilians2 and  7#b7      
analysts and investigators detailed from
 the ,department of ,state1 the ,united 
,states ,agency for ,international      
,development1 the ,central ,intelligence
 ,agency1 and civil society             
organizations4  7e7 ,access to          
intelligence ,the ,center shall be      
provided with access1 in accordance with
 applicable provisions of law1 to all   
intelligence and other reporting        
possessed or acquired by the ,united    
,states ,government pertaining to harm  
to civilians resulting from ,united     
,states military operations4  7f7       

,annual reports  7#a7 ,at the direction 
of the ,secretary of ,defense1 the      
,director of the ,center shall submit to
 the congressional defense committees1  
the ,committee on ,foreign ,relations of
 the ,senate1 and the ,committee on     
,foreign ,affairs of the ,house of      
,representatives an annual report on the
 activities of the ,center4 ,the        
,director shall also publish an         
unclassified form of the report on an   
internet website of the ,department     
available to the public concurrently    
with its submission to ,congress4  7#b7 
,each report required by paragraph 7#a7 
shall include a discussion of-- 7,a7 the
 activities of the ,center and its      
progress toward implementing the        
functions of the ,center under          
subsection 7b72  7,b7 the assessment of 
the ,director of ,united ,states        
,government policies and practices for  
civilian harm prevention1 mitigation1   
and response2  7,c7 the recommendations 
of the ,director for improved civilian  

harm prevention1 mitigation1 and        
response policies and practices2 and    
7,d7 the recommendations of the         
,director for any legislative or other  
actions necessary to improve the ability
 of the ,center to carry out its        
functions4  4  7g7 ,guidance ,not later 
than #abj days after the date of the    
enactment of this section1 the ,director
 of the ,center shall1 at the direction 
of the ,secretary of ,defense and in    
consultation with civilian victims and  
survivors1 develop further guidance on  
the provision of amends or condolences  
for harm to civilians1 including        
monetary and non-monetary mechanisms4   
7h7 ,funds ,for each of fiscal years    
#bjbc through #bjbe1 there is authorized
 to be appropriated for the ,department 
of ,defense #be1jjj1jjj for the         
,director to carry out the functions    
specified in subsections 7a7 through    
7g74  4  7b7 ,clerical amendment ,the   
table of sections at the beginning of   
such chapter is amended by inserting    

after the item relating to section #adg 
the following new item3  #adh4 ,center  
of ,excellence for the ,protection of   
,civilians4  4  #h4 ,report on          
,department of ,defense practices       
regarding distinction between combatants
 and civilians in ,united ,states       
military operations  7a7 ,report ,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 operations4  7b7       
,elements ,the report required under    
subsection 7a7 shall include the        
following matters3 7#a7 ,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 #bjja1 including in    
,afghanistan1 ,iraq1 ,syria1 ,somalia1  

,libya1 and ,yemen1 including-- 7,a7    
relevant policy and legal standards and 
how these standards were implemented in 
practice2  7,b7 target engagement       
criteria2 and  7,c7 whether             
military-aged males were presumptively  
targetable4  7#b7 ,a description of how 
the ,department of ,defense has         
differentiated between combatants and   
civilians when assessing allegations of 
civilian casualties since #bjja1        
including in ,afghanistan1 ,iraq1       
,syria1 ,somalia1 ,libya1 and ,yemen1   
including-- 7,a7 relevant policy and    
legal standards and the factual         
indicators these standards were applied 
to in assessing claims of civilian      
casualties2 and  7,b7 any other matters 
the ,secretary of ,defense determines   
appropriate4  7c7 ,submission of report 
7#a7 ,in general ,not later than ,july  
#a1 #bjbc1 the ,secretary of ,defense   
shall submit to the congressional       
defense committees a report setting     
forth an unaltered copy of the          

assessment under this section1 together 
with the views of the ,secretary on the 
assessment4  7#b7 ,form of report ,the  
report under paragraph 7#a7 shall be    
submitted in unclassified form1 but may 
contain a classified annex4  #i4        
,definitions ,in this ,act3 7#a7        
,civilian harm ,the term harm1 with     
respect to civilians1 means-- 7,a7      
injury to1 death of1 or destruction of  
property of civilians2 and  7,b7 any    
other harm to civilians caused as a     
result of the use of force4  7#b7       
,congressional defense committees ,the  
term congressional defense committees   
has the meaning given the term in       
section #aja7;a77#af7 of title #aj1     
,united ,states ,code4  7#c7 ,united    
states military operations ,the term    
,united ,states military operations     
includes any mission1 strike1           
engagement1 raid1 or incident involving 
,united ,states ,armed ,forces4