S.Amdt. 1660

SA 1660. Ms. COLLINS 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; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XII, add the following:

SEC. 1209. SUPPORT OF FOREIGN FORCES PARTICIPATING IN
OPERATIONS TO DISARM AND END ATROCITIES
COMMITTED BY BOKO HARAM.

(a) Statement of Policy.--It shall be the policy of the
United States Government to--
(1) provide timely civilian and military assistance to the
Government of Nigeria and regional partners for efforts to
assist civilians harmed by Boko Haram;
(2) permit appropriate members and units of the Armed
Forces to train, advise, and assist the security forces of
regional partners, including Nigeria, as they conduct
operations against Boko Haram and operations to reduce and
eliminate the safe havens from which terrorist activity can
be perpetrated;
(3) support the long-term capacity of the Government of
Nigeria to provide security for schools to protect girls
seeking an education, and to combat gender-based violence and
gender inequality;
(4) coordinate United States Government efforts with those
of other nations and intergovernmental organizations to
increase contributions for rescue and recovery efforts and
better leverage those contributions to enhance the capacity
of the law enforcement and military services of the
Government of Nigeria; and
(5) strengthen the operational capacity of the civilian
police and judicial system in Nigeria to enhance public
safety and prevent crime and gender-based violence, while
strengthening accountability measures to prevent corruption
and abuses.
(b) Authority.--The Secretary of Defense, the Secretary of
State, and the Attorney General may provide logistic support,
supplies, and services, communications, and intelligence,
surveillance, and reconnaissance assets to foreign countries
participating in operations to mitigate and eliminate the
threat posed by Boko Haram.
(c) Rule of Construction.--Nothing in this section shall be
construed to be a declaration of war, an authorization for
the use of military force, or any similar authority, nor
shall it be construed to limit the authority of the President
under the Constitution as Commander in Chief of the Armed
Forces.
(d) Funding.--
(1) In general.--Of the amount authorized to be
appropriated for the Department of Defense for each of fiscal
years 2016 and 2017 for operation and maintenance, not more
than $35,000,000 may be utilized in each such fiscal year to
provide support under subsection (b).
(2) Availability of funds across fiscal years.--Amounts
available under this subsection for a fiscal year for support
under the authority in subsection (b) may be used for support
under that authority that begins in such fiscal year but ends
in the next fiscal year.
(e) Limitations.--
(1) In general.--The Secretary of Defense, the Secretary of
State, or the Attorney General may not use the authority in
subsection (b) to provide any type of support that is
otherwise prohibited by any provision of law.
(2) Military support.--Military support may be provided
under the authority in subsection (b) only by the Secretary
of Defense.
(3) Eligible countries.--The Secretary of Defense, the
Secretary of State, or the Attorney General may not use the
authority in subsection (b) to provide support to any foreign
country that is otherwise prohibited from receiving such type
of support under any other provision of law.
(4) Determination.--The Secretary of Defense, the Secretary
of State, or the Attorney General may not use the authority
in subsection (b) to provide any type of support to Nigerian
forces unless the Secretary of Defense, with the concurrence
of the Secretary of State, determines that the Government of
Nigeria is--
(A) undertaking significant efforts to promote the rule of
law and hold its security forces accountable for any abuses
or criminal activity;
(B) coordinating efforts to combat Boko Haram with
neighboring countries;
(C) taking steps to counter extremist ideologies; and
(D) prioritizing the protection of women and girls from
gender-based violence.
(f) Notice to Congress on Eligible Countries for Military
Support.--The Secretary of Defense may not provide support
under subsection (b) for the national military forces of a
country determined to be eligible for such support under that
subsection until the Secretary notifies the appropriate
committees of Congress of the eligibility of the country for
such support.
(g) Notice to Congress on Support to Be Provided.--Not less
than 15 days before the date on which funds are obligated to
provide support under subsection (b), the Secretary of
Defense shall submit to the appropriate committees of
Congress a notice setting forth the following:
(1) The type of support to be provided.
(2) The national government to be supported.
(3) The objectives of such support.
(4) The estimated cost of such support.
(5) The intended duration of such support.
(h) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) The term ``logistic support, supplies, and services''
has the meaning given that term in section 2350(1) of title
10, United States Code.
(i) Expiration.--The authority provided under this section
may not be exercised after September 30, 2017.
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