S.Amdt. 4117

SA 4117. Mrs. ERNST (for herself and Mrs. Boxer) submitted an
amendment intended to be proposed by her to the bill S. 2943, to
authorize appropriations for fiscal year 2017 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 C of title XII, add the following:

SEC. 1224. TEMPORARY EMERGENCY AUTHORIZATION OF PROVISION OF
NON-LETHAL DEFENSE ARTICLES, DEFENSE SERVICES,
AND RELATED TRAINING DIRECTLY TO THE KURDISTAN
REGIONAL GOVERNMENT.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the Islamic State of Iraq and the Levant (ISIL) poses
an acute threat to the people and territorial integrity of
Iraq, including the Iraqi Kurdistan Region, and the security
and stability of the Middle East and the world;
(2) defeating the Islamic State of Iraq and the Levant is
critical to maintaining a unified Iraq in which all faiths,
sects, and ethnicities are afforded equal protection and full
integration into the Government and society of Iraq; and
(3) any outstanding issues between the Government of Iraq
and the Kurdistan Regional Government should be resolved by
the two parties expeditiously.
(b) 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 non-lethal 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).
(c) Authorization.--
(1) Assistance.--The President, in consultation with the
Government of Iraq, is authorized to provide non-lethal
defense articles, non-lethal 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 non-
lethal defense articles, non-lethal 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 medical supplies and equipment, medical logistical
support (including aerial medical evacuation support), secure
command and communications equipment, force protection
equipment, body armor, helmets, logistics equipment, other
non-lethal excess defense articles and non-lethal defense
service, and other military assistance that the President
considers appropriate for purposes of this section.
(d) Construction as Precedent.--Nothing in this section
shall be construed as establishing a precedent for the future
provision of assistance described in subsection (c) to
organizations other than a country or international
organization.
(e) 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 committees of Congress a report that includes
the following:
(A) A timeline for the provision of non-lethal defense
articles, non-lethal defense services, and related training
under the authority of subsections (c)(1) and (c)(2).
(B) A description of mechanisms and procedures for end-use
monitoring of such non-lethal defense articles, non-lethal
defense services, and related training.
(C) How such non-lethal defense articles, non-lethal
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 non-lethal
defense articles, non-lethal defense services, and related
training to the Kurdistan Regional Government pursuant to the
authority in subsections (c)(1) and (c)(2).
(3) Form.--Any report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(f) Notification.--The President should provide
notification to the Government of Iraq, when practicable, not
later than 15 days before providing non-lethal defense
articles, non-lethal defense services, or related training to
the Kurdistan Regional Government under the authority of
subsection (c)(1) or (c)(2).
(g) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' 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.
(2) The term ``training'' has the meaning given that terms
in section 47 of the Arms Export Control Act (22 U.S.C.
2794).
(h) Termination.--The authority to provide non-lethal
defense articles, non-lethal defense services, and related
training under subsection (c)(1) and the authority to issue
licenses for exports authorized under subsection (c)(2) shall
terminate on the date that is three years after the date of
the enactment of this Act.
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