[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.
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