To provide for a temporary, emergency authorization of defense articles, defense services, and related training directly to the Kurdistan Regional Government.

SA 1549. Mrs. ERNST (for herself, Mrs. Boxer, and Mr. Graham)
submitted an amendment intended to be proposed to amendment SA 1463
proposed by Mr. McCain to the bill H.R. 1735, to authorize
appropriations for fiscal year 2016 for military activities of the
Department of Defense and for military construction, to prescribe
military personnel strengths for such fiscal year, and for other
purposes;

[[Page S3708]]

which was ordered to lie on the table; as follows:
At the end of section 1229, add the following:
(c) Statement of Policy.--It is the policy of the United
States to promote a stable and unified Iraq, including by
directly providing the Kurdistan Regional Government military
and security forces associated with the Government of Iraq
with defense articles, defense services, and related
training, on an emergency and temporary basis, to more
effectively partner with the United States and other
international coalition members to defeat the Islamic State
of Iraq and the Levant (ISIL).
(d) Authorization.--
(1) Military assistance.--The President, in consultation
with the Government of Iraq, is authorized to provide defense
articles, defense services, and related training directly to
Kurdistan Regional Government military and security forces
associated with the Government of Iraq for the purpose of
supporting international coalition efforts against the
Islamic State of Iraq and the Levant (ISIL) and any successor
group or associated forces.
(2) Defense exports.--The President is authorized to issue
licenses authorizing United States exporters to export
defense articles, defense services, and related training
directly to the Kurdistan Regional Government military and
security forces described in paragraph (1). For purposes of
processing applications for such export licenses, the
President is authorized to accept End Use Certificates
approved by the Kurdistan Regional Government.
(3) Types of assistance.--Assistance authorized under
paragraph (1) and exports authorized under paragraph (2) may
include anti-tank and anti-armor weapons, armored vehicles,
long-range artillery, crew-served weapons and ammunition,
secure command and communications equipment, body armor,
helmets, logistics equipment, excess defense articles and
other military assistance that the President determines to be
appropriate.
(e) Relationship to Existing Authorities.--
(1) Relationship to existing authorities.--Assistance
authorized under subsection (b)(1) and licenses for exports
authorized under subsection (d)(2) shall be provided pursuant
to the applicable provisions of the Arms Export Control Act
(22 U.S.C. 2751 et seq.) and the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), notwithstanding any
requirement in such applicable provisions of law that a
recipient of assistance of the type authorized under
subsection (d)(1) shall be a country or international
organization. In addition, any requirement in such provisions
of law applicable to such countries or international
organizations concerning the provision of end use retransfers
and other assurance required for transfers of such assistance
should be secured from the Kurdistan Regional Government.
(2) Construction as precedent.--Nothing in this section
shall be construed as establishing a precedent for the future
provision of assistance described in subsection (d) to
organizations other than a country or international
organization.
(f) Reports.--
(1) Initial report.--Not later than 45 days after the date
of the enactment of this Act, the President shall submit to
the appropriate congressional committees a report that
includes the following:
(A) A timeline for the provision of defense articles,
defense services, and related training under the authority of
subsections (d)(1) and (d)(2).
(B) A description of mechanisms and procedures for end-use
monitoring of such defense articles, defense services, and
related training.
(C) How such defense articles, defense services, and
related training would contribute to the foreign policy and
national security of the United States, as well as impact
security in the region.
(2) Updates.--Not later than 180 days after the submittal
of the report required by paragraph (1), and every 180 days
thereafter through the termination pursuant to subsection (i)
of the authority in subsection (d), the President shall
submit to the appropriate congressional committees a report
updating the previous report submitted under this subsection.
In addition to any matters so updated, each report shall
include a description of any delays, and the circumstances
surrounding such delays, in the delivery of defense articles,
defense services, and related training to the Kurdistan
Regional Government pursuant to the authority in subsections
(d)(1) and (d)(2).
(3) Form.--Any report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Armed Services, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(g) Notification.--The President should provide
notification to the Government of Iraq, when practicable, not
later than 15 days before providing defense articles, defense
services, or related training to the Kurdistan Regional
Government under the authority of subsection (d)(1) or
(d)(2).
(h) Additional Definitions.--In this section, the terms
``defense article'', ``defense service'', and ``training''
have the meanings given those terms in section 47 of the Arms
Export Control Act (22 U.S.C. 2794).
(i) Termination.--The authority to provide defense
articles, defense services, and related training under
subsection (d)(1) and the authority to issue licenses for
exports authorized under subsection (d)(2) shall terminate on
the date that is three years after the date of the enactment
of this Act.
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