S.Amdt. 1716

1. Adds SEC. 1232. ASSISTANCE TO CIVILIANS FOR LOSSES INCIDENT TO COMBAT ACTIVITIES OF THE ARMED FORCES IN OVERSEAS CONTINGENCY OPERATIONS on page 483, between lines 8 and 9

   Adds a sectionPrinted page

   Inserted: SEC. 1232. ASSISTANCE TO CIVILIANS FOR LOSSES INCIDENT TO COMBAT ACTIVITIES OF THE ARMED FORCES IN OVERSEAS CONTINGENCY OPERATIONS.

   Inserted: (a) Determination of Assistance.--

   Inserted: (1) In general.--To promote and maintain friendly relations through the prompt administration of assistance to civilian casualties, the Secretary concerned, or an officer or employee designated by the Secretary, may appoint, under such regulations as the Secretary may prescribe, local military commanders to provide monetary assistance in an amount appropriate for the loss suffered for--

   Inserted: (A) damage to, or loss of, real property of any inhabitant of a foreign country, including damage or loss incident to use and occupancy;

   Inserted: (B) damage to, or loss of, personal property of any inhabitant of a foreign country; or

   Inserted: (C) personal injury to, or death of, any inhabitant of a foreign country; if the damage, loss, personal injury, or death occurs outside the United States, or the Commonwealths or possessions, and is caused by, or is otherwise incident to, combat activities in foreign contingency operations of the Armed Forces under the local military commander's command, or is caused by a member thereof or by a civilian employee of the military department concerned or the Coast Guard, as the case may be. A commander will provide assistance under regulations of the Department of Defense.

   Inserted: (2) Conditions.--Assistance authorized by this section may be allowed only if--

   Inserted: (A) an application therefor is presented within two years after the occurrence of the incident concerned;

   Inserted: (B) the applicant is determined by the local military commander to be friendly to the United States;

   Inserted: (C) the incident results directly or indirectly from an act of the Armed Forces in combat, an act of the Armed Forces indirectly related to combat, or an act of the Armed Forces occurring while preparing for, going to, or returning from a combat mission; and

   Inserted: (D) the incident does not arise directly from action by an enemy, unless the local military commander determines that it in the best military interest to offer assistance in such case.

   Inserted: (b) Type of Assistance.--Satisfaction under this section shall be made through payment in local currency when possible. However, satisfaction under this section may be made through the provision of services or in-kind compensation if such satisfaction is considered appropriate by the legal advisor and the local military commander concerned and accepted by the applicant.

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   Inserted: (c) Legal Advice Requirement.--Local military commanders shall receive legal advice before authorizing assistance. The legal advisor, under regulations of the Department of Defense, shall determine whether the applicant for assistance is properly an applicant, whether the facts support the provision of assistance, and what amount is appropriate for the loss suffered. The legal advisor shall then make a recommendation to the local military commander who will determine if assistance is to be provided.

   Inserted: (d) Consideration of Applications.--Any application appropriately made for assistance resulting from United States military operations will be considered on the merits. If assistance is not offered or provided to an applicant, documentation of the denial shall be maintained by the Department of Defense. The applicant should be informed of any decision made by a commander in a timely manner.

   Inserted: (e) Designation of Assistance Providers.--The Secretary of Defense may designate any local military commander appointed under subsection (a) to provide assistance for damage, loss, injury, or death caused by a civilian employee of the Department of Defense other than an employee of a military department.

   Inserted: (f) Treatment of Other Compensation Received.--In the event compensation for damage, loss, injury, or death covered by this section is received through a separate program operated by the United States Government, receipt of compensation in such amount may be considered by the legal advisor or commander determining the appropriate assistance under subsection (a).

   Inserted: (g) Reporting.--

   Inserted: (1) Records of applications for assistance.--A written record of any assistance offered or denied will be kept by the local commander and on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense.

   Inserted: (2) Biannual report.--The Secretary of Defense shall report to Congress on a biannual basis the efficacy of the civilian assistance program, including the number of cases considered, amounts offered, and any necessary adjustments.

   Original wording

   On page 483, between lines 8 and 9, insert the following:

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As printed