[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[Senate]
[Pages S3415-S3416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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