[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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