S.Amdt. 2389

SA 2389. Ms. WARREN submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

In section 1046(a), strike paragraph (4) and all that
follows through the end of the subsection and insert the
following:
(4) by redesignating paragraph (5) as paragraph (10); and
(5) by inserting after paragraph (4) the following new
paragraphs:
``(5) For each military operation covered by such report,
whether or not the Department conducted any form of post-
operation inquiry (including a battle damage assessment,
commander-directed inquiry or investigation, or other form of
inquiry), and, if so, the form of such inquiry.
``(6) For each combatant command for which such report
covers one or more military operations, the remedial actions,
if any, taken by the Department after such operations
(including the payment of ex gratia payments to victims or
their families or the issuance of a formal apology to such
families), set forth--
``(A) by operation; and
``(B) by country in which operations occurred.
``(7) The number, if any, of ex gratia payments made during
the period covered by such report, set forth--
``(A) in aggregate;
``(B) by combatant command;
``(C) by operation; and
``(D) by country in which ex gratia payments were paid.
``(8) For the period covered by such report--
``(A) an explanation for the discrepancies, if any, between
Department post-operation assessments of civilian casualties
in connection with military operations covered by such report
and credible reports of intergovernmental and non-
governmental organizations on such casualties, set forth in
general and in connection with each military operation
covered by such report;
``(B) a description of the manner in which the reliability
and accuracy of assessments and reports described in
subparagraph (A) were assessed, and the standards used in
assessing such reliability and accuracy;
``(C) a description of the manner in which discrepancies
between such assessments and reports were addressed, and the
standards used in addressing such discrepancies; and
``(D) a description of each case in which such an
assessment was updated based on new information.
``(9) Any update or modification to a previous report under
this section that the Secretary considers appropriate in
order to ensure that the information on civilian casualties
in connection with United States military operations provided
by reports under this section is fully complete and
accurate.''.

At the end of section 1046, add the following:
(c) Report on Staff and Other Resources for Following
Civilian Casualties in Connection With Military Operations.--
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall, acting through the
official of the Department of Defense whose responsibility is
to develop, coordinate, and oversee compliance with the
policy of the Department relating to civilian casualties
resulting from United States military operations, submit to
the congressional defense committees a report setting forth
recommendations for mechanisms to provide appropriate staff
and other resources for the assessment, investigation, and
tracking by the Department of civilian casualties resulting
from United States military operations.
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