Sec. 1223. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND THE LEVANT

2,170 words·~10 min read·/statute-compilations/comps-11831/sec-1223

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1223 MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND THE LEVANT ###

(a)Sense of Congress It is the sense of the 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, Iraqi Sunni communities, and Iraq’s religious and ethnic minorities, and to the security and stability of the Middle East and beyond the region; ####

(2)defeating ISIL 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)the United States should, in coordination with coalition partners, provide, in an expeditious and responsive manner and without undue delay, the military and other security forces of or associated with the Government of Iraq, including Kurdish and tribal security forces and other local security forces, with a national security mission, with defense articles, defense services, and related training to more effectively partner with the United States and other international coalition members to defeat ISIL. ###

(b)Quarterly Progress Report ####

(1)In general Subsection

(d)of section 1236 of the Carl Levin and Howard P. “Buck”McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559) is amended— #####

(A)in the matter preceding paragraph (1), by striking “30 days” and inserting “90 days”; and #####

(B)by adding at the end the following: > > #### “(11) > > A list of the forces or elements of forces that are restricted from receiving assistance under subsection (a), other than the forces or elements of forces with respect to which the Secretary of Defense has exercised the waiver authority under subsection (j), as a result of vetting required by subsection

(e)or section 2249e of title 10, United States Code, and a detailed description of the reasons for such restriction, including for each force or element, as applicable, the following: > > > ##### “(A) > > Information relating to gross violation of human rights committed by such force or element, including the time-frame of the alleged violation. > > > ##### “(B) > > The source of the information described in subparagraph

(A)and an assessment of the veracity of the information. > > > ##### “(C) > > The association of such force or element with terrorist groups or groups associated with the Government of Iran. > > > ##### “(D) > > The amount and type of any assistance provided to such force or element by the Government of Iran.” > . ####

(2)Effective Date The amendments made by paragraph

(1)shall take effect on the date of the enactment of this Act and shall apply with respect to reports required to be submitted pursuant to subsection

(d)of section 1236 of the Carl Levin and Howard P. “Buck”McKeon National Defense Authorization Act for Fiscal Year 2015, as so amended, on or after such date of enactment. ###

(c)Funding Subsection

(g)of such section is amended by striking the first sentence and inserting the following: “Of the amounts authorized to be appropriated in the National Defense Authorization Act for Fiscal Year 2016 for Overseas Contingency Operations in title XV for fiscal year 2016, there are authorized to be appropriated $715,000,000 to carry out this section.”. ###

(d)Waiver Authority Subsection

(j)of such section is amended— ####

(1)in paragraph (1)— #####

(A)in subparagraph (B)(ii), by striking by striking “Sections 40 and 40A” and inserting “Section 40A”; and #####

(B)by adding at the end the following: > > ##### “(C) Additional waiver authority > > > ###### “(i) In general > > For purposes of the provision of assistance described in subsection (l)(2), the Secretary of Defense may waive any provision of law described in clause

(ii)if the Secretary satisfies the requirements described in clauses

(i)and

(ii)of subparagraph

(A)with respect to such waiver. > > > ###### “(ii) Provisions of law > > The provisions of law described in this clause are the following: > > > ###### “(I) > > Any provision of law described in subparagraph (B). > > > ###### “(II) > > Any eligibility requirement under section 3 of the Arms Export Control Act (22 U.S.C. 2753). > > > ###### “(III) > > Any eligibility requirement under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.).” > ; and ####

(2)in paragraph (2), by striking “For purposes” and all that follows through “described in paragraph (1)(B)” and inserting “The President may waive any provision of law other than a provision of law described in paragraph (1)(B) for purposes of the provision of assistance pursuant to subsection

(a)and any provision of law other than a provision of law described in subsection (1)(C) for purposes of the provision of assistance described in subsection (l)(2)”. ###

(e)Assessment and Authority to Assist Directly Certain Covered Groups Such section, as so amended, is further amended by adding at the end the following: > > ### “(l) Assessment and Authority to Assist Directly Certain Covered Groups > > > #### “(1) Assessment > > > ##### “(A) In general > > Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees an assessment of the extent to which the Government of Iraq is increasing political inclusiveness, addressing the grievances of ethnic and sectarian minorities, and enhancing minority integration in the political and military structures in Iraq. > > > ##### “(B) Factors to be considered in making assessment > > In making the assessment described in subparagraph (A), the Secretary of Defense and the Secretary of State shall consider the following factors: > > > ###### “(i) > > The extent to which the Government of Iraq is taking steps to reduce support among the Iraqi people for the Islamic State of Iraq and the Levant

(ISIL)and improve stability in Iraq. > > > ###### “(ii) > > The progress of efforts to enact legislation establishing the Iraqi National Guard, particularly in predominantly Sunni regions. > > > ###### “(iii) > > The extent to which the Government of Iraq is expanding the representation of minorities in adequate numbers in government security organizations and providing for the training and equipping of such forces. > > > ###### “(iv) > > Whether the Government of Iraq is ending support for Shia militias under the command and control of, or associated with, the Government of Iran, and stopping abuses of elements of the Iraqi population by such militias. > > > ###### “(v) > > Whether the Government of Iraq is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to security forces with a national security mission in Iraq, including the Kurdish Peshmerga, Sunni tribal security forces and local security forces with a national security mission, and, once established, the Iraqi Sunni National Guard. > > > ###### “(vi) > > Whether the Government of Iraq is addressing grievances regarding the arrest and detention without trial of ethnic and sectarian minorities or is taking steps to prosecute such individuals that are detained in a fair, transparent, and prompt manner. > > > ###### “(vii) > > Such other factors as the Secretaries consider appropriate. > > > ##### “(C) Update > > The Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees an update of the assessment required under subparagraph

(A)not later than 180 days after the date on which the assessment is submitted to the appropriate congressional committees under subparagraph (A). > > > ##### “(D) Submission > > The assessment required under subparagraph

(A)and the update of the assessment authorized under subparagraph

(C)may be submitted as part of the quarterly report required under subsection (d). > > > #### “(2) Assistance directly to certain covered groups > > > ##### “(A) In general > > If the President, taking into account the results of the assessment required under paragraph (1)(A) or the update required under paragraph (1)(C), determines and notifies the appropriate congressional committees that the Government of Iraq has failed to take substantial action to increase political inclusiveness, address the grievances of ethnic and sectarian minorities, and enhance minority integration in the political and military structures in Iraq, the Secretary of Defense, in coordination with the Secretary of State, is authorized to provide, in coordination to the extent practicable with the Government of Iraq, assistance under the authority of subsection

(a)directly to the groups described in subparagraph

(D)for the purpose of supporting international coalition efforts against ISIL. > > > ##### “(B) Administrative provisions > > In carrying out subparagraph (A), the Secretary of Defense may— > > > ###### “(i) > > re-allocate the amount of assistance authorized under subsection

(a)to increase the share of such assistance provided to the groups described in subparagraph (D); and > > > ###### “(ii) > > exercise the waiver authority provided in subsection (j)(1)(C) with respect to providing assistance to the groups described in subparagraph (D). > > > ##### “(C) Cost-sharing requirement inapplicable > > The cost-sharing requirement of subsection

(k)shall not apply with respect to funds that are obligated or expended under this subsection for assistance provided directly to the groups described in subparagraph (D). > > > ##### “(D) Covered groups > > The groups described in this subparagraph are— > > > ###### “(i) > > the Kurdish Peshmerga; and > > > ###### “(ii) > > Sunni tribal security forces, or other local security forces, with a national security mission.” > . ###

(f)Prohibition on Assistance and Report on Equipment or Supplies Transferred to or Acquired by Violent Extremist Organizations ####

(1)Prohibition Assistance authorized under section 1236 of the Carl Levin and Howard P. “Buck”McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) may not be provided to the Government of Iraq after the date that is 90 days after the date of the enactment of this Act unless the Secretary of Defense certifies to the appropriate congressional committees, after the date of the enactment of this Act (and annually thereafter until December 31, 2018), that the Government of Iraq has taken such actions as may be reasonably necessary to safeguard against such assistance being transferred to or acquired by violent extremist organizations. ####

(2)Report #####

(A)Report Required Not later than 30 days after the date on which the Secretary of Defense makes any determination that equipment or supplies provided pursuant to section 1236(a) of the Carl Levin and Howard P. “Buck”McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) have been transferred to or acquired by a violent extremist organization, the Secretary shall submit to the appropriate congressional committees a report that contains a description of the determination of the Secretary and the transfer to or acquisition by the violent extremist organization. #####

(B)Elements Each report under paragraph

(1)shall include, with respect to the transfer covered by the report, the following: ######

(i)An assessment of the type and quantity of equipment or supplies transferred to the violent extremist organization. ######

(ii)A description of the criteria used to determine that the organization is a violent extremist organization. ######

(iii)A description, if known, of how the equipment or supplies were transferred to or acquired by the violent extremist organization. ######

(iv)If the equipment or supplies are determined to remain under the current control of the violent extremist organization, a description of the organization, including its relationship, if any, to the security forces of the Government of Iraq. ######

(v)A description of the end use monitoring or other policies and procedures in place in order to prevent equipment or supplies to be transferred to or acquired by violent extremist organizations. ####

(3)Definitions In this subsection: #####

(A)Appropriate congressional committees The term “appropriate congressional committees” means— ######

(i)the congressional defense committees; and ######

(ii)the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. #####

(B)Violent extremist organization The term “violent extremist organization” means an organization that— ######

(i)is a foreign terrorist organization designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) or is associated with a foreign terrorist organization; or ######

(ii)is known to be under the command and control of, or is associated with, the Government of Iran. **[**Section 1224 was repealed by section 1267(f) of Public Law 115–91.**]**

Connectionstraces to 5

Traces to 5 documents

public-private-law

U.S. Code

2 references not yet in our index