123STA T . 2 5 2 9PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 theNa t ion a lD e f en s e Au tho r i z ation A c t for F iscal Y ear 20 0 8(P u b lic L a w1 10 – 181
122 S tat .3 8 5) . ’ ’. SEC.1230 . R E PO R T O NF E A S IB I L IT Y AN D DESIRABILITY OF ESTAB - LIS H IN G GENERAL U NIFOR M PROCEDURES AND GUIDE- LINES FOR THE PRO V ISION OF MONETARY ASSISTANCE BY THE UNITED STATES TO CIVILIAN FOREIGN NATIONALS FOR LOSSES INCIDENT TO COMBAT ACTIVI- TIES OF THE ARMED FORCES. (a) REPORT . —T he Secretar y of Defense shall sub m it to C on g ress are p ort on the feasibility an d the desirability of establishing general uniform procedures and guidelines for the pro v ision by the U nited States of monetary assistance to civilian foreign nationals for losses , in j uries, or death (hereafter ‘ ‘harm’’) incident to combat activities of the United States Armed Forces. (b) MA TTER S TO B E INCLUD ED I N REPORT.—The Secretary shall include in the report the following
(1) A description of the authorities under laws in effect as of the date of the enactment of this Act for the United States to provide compensation, monetary payments, or other assistance to civilians who incur harm due directly or indirectly to the combat activities of the United States Armed Forces. (2) A description of the practices in effect as of the date of enactment of this Act for the United States to provide e x gratia, solatia, or other types of condolence payments to civilians who incur harm due directly or indirectly to the combat activities of the United States Armed Forces. (3) A discussion of the historic practice of the United States to provide compensation, other monetary payments, or other assistance to civilian foreign nationals who incur harm due directly or indirectly to combat activities of the United States Armed Forces. ( 4 ) A discussion of the practice of the United States in O peration E nduring Freedom and Operation Ira q i Freedom to provide compensation, other monetary payments, or other assistance to civilian foreign nationals who incur harm due directly or indirectly to the combat activities of the United States Armed Forces, including the procedures and guidelines used and an assessment of its effectiveness. This discussion will also include estimates of the total amount of funds dis - bursed to civilian foreign nationals who have incurred harm since the inception of Operation Iraqi Freedom and Operation Enduring Freedom. This discussion will also include how such procedures and guidelines compare to the processing of claims filed under the Foreign Claims Act. (5) A discussion of the positive and negative effects of using different authorities, procedures, and guidelines to pro- vide monetary assistance to civilian foreign nationals, based upon the culture and economic circumstances of the local popu- lace and the operational impact on the military mission. This discussion will also include whether the use of different authori- ties, procedures, and guidelines has resulted in disparate mone- tary assistance to civilian foreign nationals who have incurred substantially similar harm, and if so, the frequency and effect of such results. ( 6 ) A discussion of the positive and negative effects of establishing general uniform procedures and guidelines for the
