EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA.

SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA. (a) In General.—Subsection (a) 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. 3558) is amended by striking “December 31, 2021” and inserting “December 31, 2022”. (b) Funding.—Subsection (g) of such section is amended— (1) by striking “fiscal year 2021” and inserting “fiscal year 2022”; and (2) by striking “$322,500,000” and inserting “$345,000,000”. (c) Assessment and Authority To Assist Directly Certain Covered Groups.—Subsection (l)(1)(B) of such section is amended— (1) by striking clause (ii); (2)(A) by redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (B) by redesignating clause (vii) as clause (xi); (3) in clause (iv), as redesignated, by striking “, and once established, the Iraqi Sunni National Guard”; and (4) by inserting after clause (v), as redesignated, the following: “(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).” . (d) Waiver Authority.—Such section, as so amended, is further amended by adding at the end the following: “(o) Waiver Authority.— “(1) In general.—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 (2) 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) 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)). “(3) 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). “(B) Matters to be included.—The notification required by paragraph (1)(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. “(4) 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). “(5) Sunset.—The waiver authority under this subsection shall expire on December 31, 2022.” . (e) [10 U.S.C. 2241 note] Restriction on Counter-ISIS Train and Equip Fund.—Amounts authorized to be appropriated by this Act or the amendments made by this Act or otherwise made available for any fiscal year to the Counter-Islamic State of Iraq and Syria Train and Equip Fund are authorized to be made available only in support of partner forces eligible to receive assistance under section 1209(a) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541) or subsection (a) of section 1236 of such Act, as amended by subsection (a) of this section. (f) Report.— (1) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, shall submit to appropriate congressional committees a report that contains the following: (A) A comprehensive strategy and plan to train and build lasting and sustainable military capabilities of the Iraqi security forces, including the Kurdish Peshmerga, using existing authorities, which may include a memorandum of understanding with the Ministry of Peshmerga Affairs in coordination with the Government of Iraq. (B) A plan to engage the Government of Iraq and the Kurdistan Regional Government in security sector reform and strengthen and sustainably build the capacity of Iraq’s national defense and security institutions, including the Kurdish Peshmerga. (C) A description of the current status, capabilities, and operational capacity of remaining Islamic State of Iraq and Syria elements active in Iraq and Syria. (2) Appropriate congressional committees defined.—In this subsection, the term “appropriate congressional committees” means— (A) the congressional defense committees; and (B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.