S.Amdt. 339

SA 339. Mr. MERKLEY submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 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:

At the appropriate place in title X, insert the following:

SEC. ____. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION
WITH OPERATIONS BY THE INTELLIGENCE COMMUNITY.

(a) Annual Report Required.--Not later than May 1 each
year, the Director of National Intelligence shall submit to
the congressional intelligence committees a report on
civilian casualties caused as a result of United States
intelligence operations during the preceding year.
(b) Elements.--Each report under subsection (a) shall set
forth the following:
(1) A list of all the United States intelligence
operations, including each specific mission, strike,
engagement, raid, or incident, during the year covered by
such report that were confirmed, or reasonably suspected, to
have resulted in civilian casualties.
(2) For each intelligence operation listed pursuant to
paragraph (1), each of the following:
(A) The date.
(B) The location.
(C) An identification of whether the operation occurred
inside or outside of a declared theater of active armed
conflict.
(D) The type of operation.
(E) An assessment of the number of civilian and enemy
combatant casualties, including a differentiation between
those killed and those injured.
(3) A description of the process by which the intelligence
community investigates allegations of civilian casualties
resulting from United States intelligence operations, and,
when appropriate, makes ex gratia payments to the victims or
their families.
(4) A description of steps taken by the intelligence
community to mitigate harm to civilians in conducting such
operations.
(5) Any update or modification to any report under this
section during a previous year.
(6) Any other matters the Director determines are relevant.
(c) Use of Sources.--In preparing a report under this
section, the Director shall take into account relevant and
credible all-source reporting, including information from
public reports and nongovernmental sources.
(d) Form.--
(1) In general.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(2) Availability.--The unclassified form of each report
shall, at a minimum, be responsive to each element under
subsection (b) of a report under subsection (a), and shall be
made available to the public at the same time it is submitted
to Congress (unless the Director certifies in writing that
the publication of such information poses a threat to the
national security interests of the United States).
(e) Definitions.--In this section:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.

[[Page S3416]]

(f) Sunset.--The requirement to submit a report under
subsection (a) shall expire on the date that is five years
after the date of the enactment of this Act.
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