[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5747 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5747

    To authorize the direct provision of defense articles, defense 
 services, and related training to the Kurdistan Regional Government, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 2014

  Mr. Royce (for himself, Mr. Engel, Mr. Rohrabacher, Mr. Deutch, Ms. 
 Ros-Lehtinen, Ms. Gabbard, Mr. McCaul, Mr. Connolly, Mr. Kinzinger of 
    Illinois, Mr. Vargas, Mr. Poe of Texas, Ms. Meng, Mr. Franks of 
   Arizona, Mr. Van Hollen, Mr. Holding, Mr. Turner, Mr. Chabot, Mr. 
DeSantis, Mr. Cook, Mr. Clawson of Florida, Mr. Diaz-Balart, Mr. Duncan 
 of South Carolina, Mr. Sherman, Mr. Fortenberry, and Mr. Fitzpatrick) 
 introduced the following bill; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
    To authorize the direct provision of defense articles, defense 
 services, and related training to the Kurdistan Regional Government, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Since 2011, the terrorist group now known as the 
        Islamic State in Iraq and the Levant (ISIL), has rapidly 
        expanded, now possessing greater funding, more personnel, and 
        heavier weapons than any other terrorist force.
            (2) ISIL has threatened to continue attacking United States 
        persons and interests and has an apocalyptic vision for a 
        larger confrontation with the United States and its allies in 
        the Middle East.
            (3) According to the United States intelligence community, 
        approximately 20,000 to 30,000 ISIL fighters operate in Iraq 
        and Syria, an estimated 3,000 of which are believed to have 
        western passports.
            (4) ISIL finances itself through looting, smuggling, taxes, 
        oil sales, kidnapping, and human trafficking.
            (5) According to United States officials, ISIL captured 
        approximately 1,500 Humvees, a number of other modern armored 
        vehicles and transport trucks, over 50 long-range Global 
        Positioning System (GPS)-guided artillery pieces, a substantial 
        number of artillery shells, a large quantity of small arms, 
        approximately 4,000 heavy machine guns, and other weapons from 
        the Iraqi Security Forces in June 2014, and has also reportedly 
        captured a number of other weapons and vehicles from Bashar al-
        Assad's forces in Syria.
            (6) The rapidly deteriorating humanitarian situation in 
        Iraq caused by ISIL advances in Iraq and Syria has resulted in 
        approximately 1,500,000 refugees and internally displaced 
        people from Syria and Iraq taking refuge in the Iraqi Kurdistan 
        region. The Kurdistan Regional Government is facing a 
        humanitarian and budget crisis while defending itself from 
        ISIL.
            (7) The Kurdistan Regional Government (KRG) is the 
        democratically elected government of the Kurdistan Region in 
        Iraq, and Iraqi Kurds have been a reliable and stable partner 
        of the United States.
            (8) The Iraqi constitution guarantees the right of Iraqi 
        regions, such as Iraqi Kurdistan, to maintain ``internal 
        security forces for the region such as police, security forces, 
        and guards of the region''.
            (9) The Kurdish Peshmerga forces are officially organized 
        under the Ministry of Peshmerga Affairs and commanded by the 
        Minister of Peshmerga, who reports to the President of the 
        Kurdistan Regional Government.
            (10) ISIL has positioned its forces along a 650-mile border 
        with the Kurdistan Regional Government's Peshmerga forces.
            (11) ISIL has employed captured armored vehicles, long-
        range artillery, and heavy weapons in attacking thinly 
        stretched Kurdish forces along the border.
            (12) United States airstrikes against ISIL targets have 
        helped stall the terrorist organization's advance on territory 
        held by Kurdish forces, but have not proven to be militarily 
        decisive against ISIL.
            (13) The United States and its allies have provided the 
        resupply of various small arms and training to Peshmerga forces 
        since June 2014.
            (14) Such resupply efforts, to comply with United States 
        law, must be approved and coordinated through the Government of 
        Iraq. In the initial phase of the resupply effort, the 
        Government of Iraq constrained and delayed the emergency supply 
        of weapons to the Kurdistan Regional Government.
            (15) The Peshmerga forces lack battle-ready armored 
        vehicles and the ability to take significant offensive action 
        against ISIL forces, leading to requests for such assistance.
            (16) Armored vehicles, anti-armor weapons, long-range 
        artillery, and other weapons are consistent with the Kurdistan 
        Regional Government's constitutional right to defend itself 
        against the clear and present danger posed by ISIL.
            (17) A strong Peshmerga force is essential to countering 
        the ISIL threat to Iraq, the region, and United States 
        interests.
            (18) The longer ISIL's sanctuary remains largely 
        unchallenged, the more time it will have to reinforce its 
        positions, and plan attacks against United States interests.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) defeating the Islamic State in Iraq and the Levant 
        (ISIL) is critical to maintaining a unified Iraq in which all 
        faiths and ethnicities are afforded equal protection and full 
        integration into the Iraqi government and society;
            (2) the people of Kurdistan face an urgent and deadly 
        threat from ISIL which the Iraqi Security Forces, of which the 
        Peshmerga are a component, are currently unable to match in 
        armaments;
            (3) any outstanding issues between the Government of Iraq 
        and the Kurdistan Regional Government should be resolved by the 
        two parties expeditiously to allow for a resumption of normal 
        relations; and
            (4) ISIL's recent advances and continued growth present an 
        imminent threat to Iraqi Kurdistan, the rest of Iraq and the 
        Middle East, and international security.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States to directly provide the 
Kurdistan Regional Government with advanced conventional weapons, 
training, and defense services, on an emergency and temporary basis, to 
more effectively partner with the United States and other international 
coalition members to defeat the Islamic State in Iraq and the Levant 
(ISIL).

SEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DEFENSE ARTICLES, DEFENSE 
              SERVICES, AND RELATED TRAINING DIRECTLY TO THE KURDISTAN 
              REGIONAL GOVERNMENT.

    (a) In General.--The President should consult with the Government 
of Iraq in carrying out the authority provided in subsection (b).
    (b) Authorization.--
            (1) Military assistance.--The President is authorized to 
        provide defense articles, defense services, and related 
        training directly to the Kurdistan Regional Government for the 
        purpose of supporting international coalition efforts against 
        the Islamic State in Iraq and the Levant (ISIL) or any 
        successor group.
            (2) Defense exports.--The President is authorized to issue 
        licenses authorizing United States exporters to export defense 
        articles, defense services, and related training directly to 
        the Kurdistan Regional Government. 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 anti-tank and anti-armor weapons, armored vehicles, 
        long-range artillery, crew-served weapons and ammunition, 
        secure command and communications equipment, body armor, 
        helmets, logistics equipment, excess defense articles and other 
        military assistance that the President determines to be 
        appropriate.
    (c) Relationship to Existing Authorities; Conditions of 
Eligibility.--
            (1) Relationship to existing authorities.--Assistance 
        authorized under subsection (b)(1) and licenses for exports 
        authorized under subsection (b)(2) shall be provided pursuant 
        to the applicable provisions of the Arms Export Control Act (22 
        U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22 
        U.S.C. 2151 et seq.), notwithstanding any requirement in such 
        applicable provisions of law that a recipient of assistance of 
        the type authorized under subsection (b)(1) shall be a country 
        or international organization.
            (2) Conditions of eligibility.--In addition to such other 
        provisions as the President may require, no defense article, 
        defense service, or related training may be provided to the 
        Kurdistan Regional Government under the authority of subsection 
        (b)(1) or (b)(2) unless the Kurdistan Regional Government 
        agrees that--
                    (A) it will not provide any such defense article, 
                defense service, or related training to anyone who is 
                not an officer, employee, or agent of the Kurdistan 
                Regional Government, and
                    (B) it will not use or permit the use of any such 
                defense article, defense service, or related training 
                for purposes other than the purposes for which it was 
                provided,
        unless the consent of the President has first been obtained.
    (d) Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate congressional committees a report on the following:
                    (A) The anticipated defense articles, defense 
                services, and related training to be provided under the 
                authority of subsections (b)(1) and (b)(2).
                    (B) A timeline for the provision of such defense 
                articles, defense services, and related training.
                    (C) A description of mechanisms and procedures for 
                end-use monitoring of such defense articles, defense 
                services, and related training.
                    (D) How such defense articles, 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) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Appropriations, and the Committee on Armed Services 
                of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on Armed 
                Services of the Senate.
    (e) Notification.--The President should provide notification to the 
Government of Iraq prior to defense articles, defense services, or 
related training being provided to the Kurdistan Regional Government 
under the authority of subsection (b)(1) or (b)(2).
    (f) Definitions.--In this section, the terms ``defense article'', 
``defense service'', and ``training'' have the meanings given those 
terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
    (g) Termination.--The authority to provide defense articles, 
defense services, and related training under subsection (b)(1) and the 
authority to issue licenses for exports authorized under subsection 
(b)(2) shall terminate on the date that is 3 years after the date of 
the enactment of this Act.
                                 <all>