[Congressional Record Volume 162, Number 82 (Tuesday, May 24, 2016)]
[Senate]
[Page S3115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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