Sec. 1236. AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA
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## SEC. 1236 AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA ###
(a)In General The Secretary of Defense is authorized, in coordination with the Secretary of State, to provide assistance, including training, equipment, logistics support, supplies, and services, stipends, infrastructure repair and renovation, small-scale construction of temporary facilities necessary to meet urgent operational or force protection requirements with a cost less than $6,000,000, and sustainment, to military and other security forces of or associated with the Government of Iraq, including Kurdish and tribal security forces or other local security forces, with a national security mission, through December 31, 2026, for the following purposes: ####
(1)Defending Iraq, its people, allies, and partner nations from the threat posed by the Islamic State of Iraq and Syria
(ISIS)and groups supporting ISIS. ####
(2)Securing the territory of Iraq. ###
(b)Notice Before Provision of Assistance Of the funds authorized to be appropriated under this section, not more than 25 percent of such funds may be obligated or expended until not later than 15 days after— ####
(1)the Secretary of Defense, in coordination with the Secretary of State, submits to the appropriate congressional committees and leadership of the House of Representatives and Senate a report, in unclassified form with a classified annex as appropriate, that contains a description of— #####
(A)the plan for providing such assistance; #####
(B)an identification of such forces designated to receive such assistance; and #####
(C)the plan for re-training and re-building such forces; and ####
(2)the President submits to the appropriate congressional committees and leadership of the House of Representatives and Senate a report, in unclassified form with a classified annex as appropriate, that contains a description of how such assistance supports a larger regional strategy. ###
(c)Plan Elements The plan required in subsection (b)(1)(A) shall include, at a minimum, a description of— ####
(1)the goals and objectives of assistance authorized under subsection (a); ####
(2)the concept of operations, timelines, and types of training, equipment, stipends, sustainment, and supplies to be provided; ####
(3)the roles and contributions of partner nations; ####
(4)the number and role of United States Armed Forces personnel involved; ####
(5)any additional military support and sustainment activities; and ####
(6)any other relevant details. **[**Subsection
(d)was repealed by section 1051(t)(5) of Public Law 115–91.**]** ###
(e)Vetting The Secretary of Defense should ensure that prior to providing assistance to elements of any forces described in subsection
(a)such elements are appropriately vetted, including at a minimum, by— ####
(1)conducting assessments of such elements for associations with terrorist groups or groups associated with the Government of Iran; and ####
(2)receiving commitments from such elements to promote respect for human rights and the rule of law. ###
(f)Definition In this section, the term “appropriate congressional committees” means— ####
(1)the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and ####
(2)the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. ###
(g)Authority to Accept Contributions The Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments, including the Government of Iraq, to provide assistance authorized under subsection (a). Any funds accepted by the Secretary may be credited to the account from which funds are made available for the provision of assistance authorized under subsection
(a)and may be used for such purpose until expended. ###
(h)Construction of Authorization Nothing in this section shall be construed to constitute a specific statutory authorization for the introduction of United States Armed Forces into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. ###
(i)Waiver Authority; Scope ####
(1)By secretary of defense #####
(A)In general For purposes of the provision of assistance pursuant to subsection (a), the Secretary of Defense may waive any provision of law described in subparagraph
(B)if the Secretary— ######
(i)determines that such provision of law would (but for the waiver) prohibit, restrict, delay, or otherwise limit the provision of such assistance; and ######
(ii)submits to the appropriate congressional committees a notice of and justification for the waiver and the provision of law to be waived. #####
(B)Provisions of law The provisions of law described in this subparagraph are the following: ######
(i)Any provision of law relating to the acquisition of items and support services. ######
(ii)Section 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785). #####
(C)Additional waiver authority ######
(i)In general For purposes of the provision of assistance described in subsection (k)(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.). ####
(2)Scope of assistance authority Notwithstanding paragraph (1), the authority granted by subsection
(a)may only be exercised in consultation with the Government of Iraq. ####
(3)Report #####
(A)In general Not later than 90 days after the date of the enactment of this Act the President shall transmit to the appropriate congressional committees a report that provides a specific list of provisions of law that need to be waived under this subsection for purposes of the provision of assistance pursuant to subsection
(a)and a justification for each such waiver. #####
(B)Update The President shall submit to the appropriate congressional committees an update of the report required by subparagraph
(A)not later than 180 days after the date of the enactment of this Act. #####
(C)Appropriate congressional committees defined In this paragraph, the term “appropriate congressional committees” means— ######
(i)the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and ######
(ii)the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate. ###
(j)Cost-Sharing Requirement ####
(1)In general Of the funds authorized to be appropriated under this subsection, not more than 60 percent of such funds may be obligated or expended until not later than 15 days after the date on which the Secretary of Defense certifies to the appropriate congressional committees and leadership of the House of Representatives and the Senate that an amount equal to not less than 40 percent of the amount authorized to be appropriated to carry out this section has been contributed by other countries and entities for the purposes described in subsection (a), which may include contributions of in-kind support for forces described in subsection (a), as determined from October 1, 2014, of which not less than 50 percent of such amount contributed by other countries and entities has been contributed by the Government of Iraq. ####
(2)Exception The limitation in paragraph
(1)shall not apply if the Secretary of Defense determines, in writing, that the national security objectives of the United States will be compromised by the application of the limitation to any such assistance, and notifies the appropriate congressional committees not less than 15 days in advance of the exemption taking effect, including a justification for the Secretary’s determination and a description of the assistance to be exempted from the application of such limitation. ###
(k)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 2017, and annually thereafter, 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 Syria
(ISIS)and improve stability in Iraq. ######
(ii)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. ######
(iii)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. ######
(iv)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 Guard16. 16Section 1223(c)(3) of division A of Public Law 117-81 provides for an amendment to clause
(iv)(as redesignated) to strike “, and once established, the Iraqi Sunni National Guard”. The amendment should have struck “, and, once established, the Iraqi Sunni National Guard”. ######
(v)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. ######
(vi)Whether the Shia militias are gaining new malign capabilities or improving such capabilities, and whether the Government of Iraq is acting to counter or suppress those capabilities. ######
(vii)Whether the Government of Iraq is acting to ensure the safety of United States Government personnel and citizens, as well as the safety of United States facilities. ######
(viii)Whether the Government of Iraq is ensuring the safe and voluntary return of ethno-religious minority populations to their home communities in the Nineveh Plains region of Iraq. ######
(ix)Whether the Government of Iraq has provided support and funding to institutionalize and make permanent local, representative, and regionally-based security forces. ######
(x)An assessment of the impact of the Iraq and Syria Genocide Relief and Accountability Act of 2018 (Public Law 115–300) on return rates of vulnerable, indigenous, ethno-religious groups, including Assyrians and Yazidis, in those areas of the Nineveh Plains region of Iraq in which assistance has been provided pursuant to subsection (a). ######
(xi)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 ISIS. #####
(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 (i)(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
(j)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. ###
(l)Limitation on Aggregate Cost of Construction, Repair, and Renovation Projects The aggregate amount of construction, repair, and renovation projects carried out under this section in any fiscal year may not exceed $30,000,000. ###
(m)Approval and Notice Before Certain Construction, Repair, and Renovation Projects ####
(1)Approval A construction, repair, or renovation project costing more than $1,000,000 may not be carried out under this section unless approved in advance by the Commander of the United States Central Command. ####
(2)Notice When a decision is made to carry out a construction, repair, or renovation project to which paragraph
(1)applies, the Commander of the United States Central Command shall notify in writing the appropriate committees of Congress of that decision, including the justification for the project and the estimated cost of the project. The project may be carried out only after the end of the 21-day period beginning on the date the notification is received by the committees or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code. ###
(n)Waiver Authority ####
(1)Authority of president The President may waive the dollar amount limitation in subsection
(a)with respect to a construction, repair, or renovation project for the purposes of providing the support described in paragraph
(3)if the President— #####
(A)determines that the waiver is in the national security interest of the United States; and #####
(B)submits to the appropriate congressional committees a notification of the exercise of the waiver. ####
(2)Authority of secretary of defense #####
(A)In general The Secretary of Defense may further adjust the total cost of a project subsequent to a waiver by the President of the dollar amount limitation in subsection
(a)if— ######
(i)such total cost does not exceed the sum of— ######
(I)the cost estimate for the project as required by paragraph (4)(B)(i) that is included in the notification submitted by the President pursuant to such waiver; and ######
(II)the amount that is 50 percent of such cost estimate; and ######
(ii)the Secretary submits to the appropriate congressional committees a notification of the exercise of the adjustment. #####
(B)Scope The Secretary may modify the scope of a project subsequent to a waiver by the President of the dollar amount limitation in subsection
(a)if the Secretary submits to the appropriate congressional committees a notification of the exercise of the modification. ####
(3)Support described The support described in this paragraph is support relating to temporary humane detention of Islamic State of Iraq and Syria foreign terrorist fighters in accordance with all laws and obligations relating to the provision of such support, including, as applicable— #####
(A)the law of armed conflict; #####
(B)internationally recognized human rights; #####
(C)the principle of non-refoulement; #####
(D)the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and #####
(E)the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). ####
(4)Notice and wait #####
(A)In general A project with respect to which the exercise of a waiver under paragraph
(1)applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by paragraph (1)(B). A project with respect to which the exercise of a further adjustment to the total cost of the project under paragraph (2)(A) applies or with respect to which the exercise of a modification to the scope of the project under paragraph (2)(B) applies may only be carried out after the end of a 15-day period beginning on the date on which the appropriate congressional committees receive the notification required by paragraph (2)(A) or (2)(B), as the case may be. #####
(B)Matters to be included The notification required by paragraph (1)(B), (2)(A), or (2)(B) shall include the following: ######
(i)A detailed plan and cost estimate for the project. ######
(ii)A certification by the President that facilities and activities relating to the project comply with the laws and obligations described in paragraph (2). ######
(iii)An explanation of the national security interest addressed by the project. #####
(C)Appropriate congressional committees defined In this paragraph, 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. ####
(5)Update to plan and cost estimate Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under paragraph
(1)applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by paragraph (3)(B)(i). ####
(6)Sunset The waiver and other authorities under this subsection shall expire on December 31, 2026. ###
(o)Limitation on Use of Funds Funds made available to carry out this section may not be used to provide assistance pursuant to subsection (a)— ####
(1)to entities other than military or other security forces of or associated with the Government of Iraq, including Kurdish and tribal security forces, or other local security forces with a national security mission; ####
(2)to forces associated with any other government or nation; or ####
(3)to Iranian-aligned militias.
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Sec. 1236
AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA
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