S.Amdt. 475

SA 475. Mr. LEAHY 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 end of subtitle E of title X, add the following:

SEC. 1045. CRITERIA FOR EX GRATIA PAYMENTS FOR DAMAGES,
PERSONAL INJURIES, AND DEATHS INCIDENT TO
COMBAT OPERATIONS OF THE ARMED FORCES IN A
FOREIGN COUNTRY.

(a) Program of Payments.--The Secretary of Defense shall
establish a program, to be carried out by local United States
military commanders, or other officers or employees of the
Department of Defense designated by the Secretary for that
purpose, to provide, at their discretion, ex gratia payments
for damage, personal injury, or death that is incident to
combat operations of the Armed Forces in a foreign country.
(b) Condition of Payment.--An ex gratia payment made under
the program under this section may be provided only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--An ex gratia payment under the
program under this section shall not be considered an
admission or acknowledgment of any legal obligation to
compensate for any damage, personal injury, or death.
(d) Amounts of Payment.--The amounts of ex gratia payments,
if any, to be made under the program under this section in a
particular location to civilians determined to have suffered
harm incident to combat operations of the Armed Forces in
such location shall be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which
should include such factors as the extent of the harm
suffered, cultural appropriateness, and prevailing economic
conditions in such location.
(e) Legal Advice.--Local military commanders, or other
officers or employees, making ex gratia payments under the
program under this section shall receive legal advice before
making any such payment. The legal advisor providing such
advice shall, in accordance with regulations of the
Department of Defense, advise on whether such a payment is
proper under this section and applicable Department
regulations.
(f) Written Record.--A written record of any ex gratia
payment offered or denied under the program under this
section shall be kept by each officer or official specified
or designated pursuant to subsection (a), and on a timely
basis submitted to the office in the Department of Defense
that is responsible for the management of the program and for
the preservation of such records.
(g) Annual Report.--Not later than March 1, 2020, and
annually thereafter, the Secretary shall submit to the
congressional defense committees a report setting forth, for
the preceding calendar year, the following:
(1) The number of cases considered for ex gratia payments
under the program under this section.
(2) The number of payments offered, and the amount of each
such offered payment.
(3) For each such offered payment, whether a payment was
made.
(h) Funding.--Funds for ex gratia payments under the
program under this section during a fiscal year shall be
derived from amounts authorized to be appropriated for the
Department for such fiscal year and available for such
purpose. Any payments using such funds shall be made only in
accordance with the requirements of this section.
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