[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Page S3309]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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