[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Page S5259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3498. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed by him to the bill S. 2296, to authorize appropriations for 
fiscal year 2026 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 B of title IX, add the following:

     SEC. 923. PERSONNEL TO IMPLEMENT DEPARTMENT OF DEFENSE POLICY 
                   ON CIVILIAN HARM.

       (a) Purpose.--The purpose of this section is to facilitate 
     fulfillment of the requirements of section 936 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 10 U.S.C. 134 note).
       (b) Personnel.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall do 
     the following:
       (1) Add to, and assign within, each of the United States 
     Central Command, the United States Africa Command, the United 
     States Special Operations Command, the United States European 
     Command, the United States Southern Command, the United 
     States Indo-Pacific Command, and the United States Northern 
     Command not fewer than four personnel who shall have primary 
     responsibility for the following in connection with military 
     operations undertaken by such command:
       (A) Providing guidance and oversight relating to mitigation 
     of and response to civilian harm and the protection of 
     civilians and civilian infrastructure.
       (B) Identifying and integrating approaches to mitigating 
     and responding to civilian harm across all levels of command 
     into command policy and procedure, plans, operations, 
     exercises, training, and capability requirements.
       (C) Ensuring information and analysis of the civilian 
     environment and estimated risk to civilians to support 
     battlespace awareness and mission effectiveness.
       (D) Receiving reports of civilian harm and conducting or 
     overseeing civilian harm assessments.
       (E) Analyzing civilian harm incidents and trends and 
     identifying and disseminating lessons learned related to 
     civilian harm mitigation and response.
       (F) Overseeing civilian harm response functions on behalf 
     of the commander of such command, including offering 
     condolences for civilian casualties, including ex gratia 
     payments.
       (G) Ensuring the integration of activities relating to 
     civilian harm mitigation and response, protection of 
     civilians, and promotion of observance of human rights in 
     security cooperation activities and enhancing shared good 
     practice and capabilities development for civilian harm 
     mitigation and response with allies and partners of the 
     United States.
       (H) Maintaining dialogue and conducting consultations with 
     nongovernmental organizations on civilian harm, human rights, 
     and humanitarian matters.
       (2) Add to, and assign within, the Office of the Under 
     Secretary of Defense for Policy not fewer than four personnel 
     who shall have primary responsibility for implementing and 
     overseeing the implementation of Department of Defense policy 
     on the protection of civilians and civilian harm mitigation 
     and response, consistent with the laws of war.
       (3) Add to, and assign within, the Joint Staff not fewer 
     than two personnel who shall have primary responsibility for 
     the following:
       (A) Overseeing implementation by the components of the 
     Department of Defense of Department policy on civilian harm 
     mitigation and response.
       (B) Developing and sharing in the implementation of such 
     policy.
       (C) Communicating operational guidance on such policy.
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