Military Operations: The Department of Defense's Use of Solatia and Condolence Payments in Iraq and Afghanistan

A letter report issued by the Government Accountability Office with an abstract that begins "There are a number of ways that the U.S. government provides assistance to Iraqi or Afghan civilians who are killed, injured, or suffer property damage as a result of U.S. and coalition forces' actions. For instance, the U.S. Agency for International Development funds projects to assist Iraqi and Afghan civilians and communities directly impacted by actions of U.S. or coalition forces. Also, the Department of State administers a program that makes payments, in accordance with local custom, to Iraqi civilians who are harmed in incidents involving U.S. protective security details. In addition, the Department of Defense (DOD) administers a program that provides compensation under the Foreign Claims Act to inhabitants of foreign countries for death, injury, or property damage caused by noncombat activities of U.S. military personnel overseas. Further, DOD provides monetary assistance in the form of solatia and condolence payments to Iraqi and Afghan nationals who are killed, injured, or incur property damage as a result of U.S. or coalition forces' actions during combat. From fiscal years 2003 to 2006, DOD has reported about $1.9 million in solatia payments and more than $29 million in condolence payments to Iraqi and Afghan civilians who are killed, injured, or incur property damage as a result of U.S. or coalition forces' actions during combat. These payments are expressions of sympathy or remorse based on local culture and customs, but not an admission of legal liability or fault. Commanders make condolence payments using funds provided by Congress for the Commander's Emergency Response Program (CERP), whereas solatia payments are funded from unit operations and maintenance accounts. Pub. L. No. 108-106 (2003) requires DOD to provide quarterly reports on the source, allocation, and use of CERP funds. To administer the CERP, DOD has established 19 project categories for the use of funds, including categories for condolence payments and battle damage payments. At Congress's request, we reviewed DOD's solatia and condolence payment programs in Iraq and Afghanistan. Specifically, we examined the following questions: (1) To what extent has DOD established guidance for making and documenting solatia and condolence payments in Iraq and Afghanistan? (2) How are commanders making and documenting solatia and condolence payments in Iraq and Afghanistan and what factors do commanders consider when determining whether to make payments or payment amounts? (3) To what extent does DOD collect and analyze solatia and condolence payment data? We also are providing information on the other aforementioned programs established by the U.S. government to provide assistance to Iraqi and Afghan civilians who have been affected by U.S. or coalition forces' actions. These programs include (1) DOD's Foreign Claims Act, (2) the Department of State's Claims and Condolence Payment Program, and (3) the U.S. Agency for International Development's Marla Ruzicka Iraqi War Victims Fund and the Afghan Civilian Assistance Program.