II 

114TH CONGRESS 

1ST SESSION S. 1188 

To provide for a temporary, emergency authorization of defense articles, 

defense services, and related training directly to the Kurdistan Regional 

Government, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2015 

Mrs. ERNST (for herself, Mrs. BOXER, Mr. GRAHAM, Mr. JOHNSON, Mr. 

PAUL, and Mr. RUBIO) introduced the following bill; which was read 

twice and referred to the Committee on Foreign Relations 

A BILL 

To provide for a temporary, emergency authorization of defense articles, defense services, and related training directly to the Kurdistan Regional Government, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress makes the following findings: 

5 (1) The terrorist organization known as the Is6 lamic State of Iraq and the Levant (ISIL) poses a 

7 grave threat to the people and territorial integrity of 

8 Iraq and Syria, as well as regional stability, and to 


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1 the national security interests of the United States 

2 and its allies and partners. 

3 (2) The Islamic State of Iraq and the Levant 

4 holds significant territory in Iraq and Syria, has 

5 stated its intention to seize more territory, and has 

6 demonstrated the capability to do so. 

7 (3) Leaders of the Islamic State of Iraq and the 

8 Levant have stated that they intend to conduct ter9 rorist attacks internationally, including against the 

10 United States, its citizens, and its interests. 

11 (4) The Islamic State of Iraq and the Levant 

12 has committed despicable acts of violence and mass 

13 executions against Muslims, regardless of sect, who 

14 do not subscribe to its depraved, violent, and oppres15 sive ideology, and has threatened genocide and com16 mitted vicious acts of violence against religious and 

17 ethnic minority groups, including Iraqi Christian, 

18 Yezidi, and Turkmen populations. 

19 (5) The Islamic State of Iraq and the Levant 

20 has targeted innocent women and girls with horrific 

21 acts of violence, including abduction, enslavement, 

22 torture, rape, and forced marriage. 

23 (6) According to United States intelligence esti24 mates, approximately 20,000 to 30,000 Islamic 

25 State of Iraq and the Levant fighters operate in 


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1 Iraq and Syria, an estimated 3,000 of whom are be2 lieved to hold passports from western countries. 

3 (7) The Islamic State of Iraq and the Levant 

4 finances its operations primarily through looting, 

5 smuggling, taxes, oil sales, kidnapping, and human 

6 trafficking. 

7 (8) President Barack Obama articulated five 

8 lines of effort in the campaign to counter the Islamic 

9 State of Iraq and the Levant, including supporting 

10 regional military partners, stopping the flow of for11 eign fighters, cutting off the access of the Islamic 

12 State of Iraq and the Levant to financing, address13 ing urgent humanitarian needs, and exposing the 

14 true nature of the Islamic State of Iraq and the Le15 vant. 

16 (9) As a result of advances by the Islamic State 

17 of Iraq and the Levant in Iraq and Syria, approxi18 mately half of the nearly 2,000,000 refugees and in19 ternally displaced people from Syria and Iraq have 

20 taken refuge in the Iraqi Kurdistan Region in north21 ern Iraq. 

22 (10) The Kurdistan Regional Government 

23 (KRG) is the democratically elected government of 

24 the Iraqi Kurdistan Region, and Iraqi Kurds have 

25 been a reliable, stable, and capable partner of the 


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1 United States, particularly in support of United 

2 States military and civilian personnel during Oper3 ation Iraqi Freedom and Operation New Dawn. 

4 (11) The Iraqi constitution guarantees the right 

5 of Iraqi regions, such as the Iraqi Kurdistan Region, 

6 to maintain ‘‘internal security forces for the region 

7 such as police, security forces, and guards of the re8 gion’’. 

9 (12) The Kurdish Peshmerga forces are offi10 cially organized under the Ministry of Peshmerga 

11 Affairs and commanded by the Minister of 

12 Peshmerga Affairs, who reports to the President of 

13 the Kurdistan Regional Government. 

14 (13) The Islamic State of Iraq and the Levant 

15 has positioned its forces along a 650-mile border 

16 spanning five Iraqi provinces and engaged in attacks 

17 on Peshmerga forces defending the border. 

18 (14) The Islamic State of Iraq and the Levant 

19 has employed captured armored vehicles, long-range 

20 artillery, and heavy weapons in attacking Kurdish 

21 forces along the border. 

22 (15) Kurdish Peshmerga forces have success23 fully retaken key areas of Iraq formerly controlled 

24 by the Islamic State of Iraq and the Levant, includ25 ing Mount Sinjar, Mosul Dam, and Kirkuk. 


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1 (16) The United States and its allies have pro2 vided the resupply of various arms (including 

3 Hellfire missiles, anti-tank weapons, helmets and 

4 body armor, and ammunition) and training to 

5 Peshmerga forces since June 2014. 

6 (17) Such resupply efforts, to comply with 

7 United States law, must be approved and coordi8 nated through the Government of Iraq. 

9 (18) Masrour Barzani, the Chancellor of the 

10 Kurdistan Region Security Council, described 

11 Peshmerga forces as ‘‘overstretched’’ in the fight 

12 against the Islamic State of Iraq and the Levant, 

13 and Bayan Sami Abdul Rahman, the representative 

14 of the Kurdistan Regional Government to the United 

15 States, has expressed concern about ‘‘shortfalls’’ in 

16 equipment. 

17 (19) According to the Kurdistan Regional Gov18 ernment, more than 1,000 Kurdish Peshmerga and 

19 Kurdish security forces have been killed, and more 

20 than 5,000 have been wounded. 

21 (20) A strong Peshmerga force is essential to 

22 countering the threat of the Islamic State of Iraq 

23 and the Levant to Iraq, the region, and United 

24 States interests. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) the Islamic State of Iraq and the Levant 

4 (ISIL) poses an acute threat to the people and terri5 torial integrity of Iraq, including the Iraqi Kurdistan 

6 Region, and the security and stability of the Middle 

7 East and the world; 

8 (2) defeating the Islamic State of Iraq and the 

9 Levant is critical to maintaining a unified Iraq in 

10 which all faiths, sects, and ethnicities are afforded 

11 equal protection and full integration into the Gov12 ernment and society of Iraq; and 

13 (3) any outstanding issues between the Govern14 ment of Iraq and the Kurdistan Regional Govern15 ment should be resolved by the two parties expedi16 tiously to allow for a resumption of normal relations. 

17 SEC. 3. STATEMENT OF POLICY. 

18 It is the policy of the United States to directly pro19 vide Kurdistan Regional Government military and security 

20 forces associated with the Government of Iraq with de21 fense articles, defense services, and related training, on 

22 an emergency and temporary basis, to more effectively 

23 partner with the United States and other international co24 alition members to defeat the Islamic State of Iraq and 

25 the Levant (ISIL). 


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1 SEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DE2 FENSE ARTICLES, DEFENSE SERVICES, AND 

3 RELATED TRAINING DIRECTLY TO THE 

4 KURDISTAN REGIONAL GOVERNMENT. 

5 (a) AUTHORIZATION.— 

6 (1) MILITARY ASSISTANCE.—The President, in 

7 consultation with the Government of Iraq, is author8 ized to provide defense articles, defense services, and 

9 related training directly to Kurdistan Regional Gov10 ernment military and security forces associated with 

11 the Government of Iraq for the purpose of sup12 porting international coalition efforts against the Is13 lamic State of Iraq and the Levant (ISIL) or any 

14 closely related successor group. 

15 (2) DEFENSE EXPORTS.—The President is au16 thorized to issue licenses authorizing United States 

17 exporters to export defense articles, defense services, 

18 and related training directly to the Kurdistan Re19 gional Government military and security forces de20 scribed in paragraph (1). For purposes of processing 

21 applications for such export licenses, the President is 

22 authorized to accept End Use Certificates approved 

23 by the Kurdistan Regional Government. 

24 (3) TYPES OF ASSISTANCE.—Assistance author25 ized under paragraph (1) and exports authorized 

26 under paragraph (2) may include anti-tank and antiVerDate Sep 11 2014 00:03 May 14, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1188.IS S1188

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1 armor weapons, armored vehicles, long-range artil2 lery, crew-served weapons and ammunition, secure 

3 command and communications equipment, body 

4 armor, helmets, logistics equipment, excess defense 

5 articles and other military assistance that the Presi6 dent determines to be appropriate. 

7 (b) RELATIONSHIP TO EXISTING AUTHORITIES.— 

8 (1) RELATIONSHIP TO EXISTING AUTHORI9 TIES.—Assistance authorized under subsection 

10 (a)(1) and licenses for exports authorized under sub11 section (a)(2) shall be provided pursuant to the ap12 plicable provisions of the Arms Export Control Act 

13 (22 U.S.C. 2751 et seq.) and the Foreign Assistance 

14 Act of 1961 (22 U.S.C. 2151 et seq.), notwith15 standing any requirement in such applicable provi16 sions of law that a recipient of assistance of the type 

17 authorized under subsection (a)(1) shall be a coun18 try or international organization. In addition, any 

19 requirement in such provisions of law applicable to 

20 such countries or international organizations con21 cerning the provision of end use retransfers and 

22 other assurance required for transfers of such assist23 ance shall be secured from the Kurdistan Regional 

24 Government. 


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1 (2) CONSTRUCTION AS PRECEDENT.—Nothing 

2 in this section shall be construed as establishing a 

3 precedent for the future provision of assistance de4 scribed in subsection (a) to organizations other than 

5 a country or international organization. 

6 (c) REPORTS.— 

7 (1) INITIAL REPORT.—Not later than 45 days 

8 after the date of the enactment of this Act, the 

9 President shall submit to the appropriate congres10 sional committees a report that includes the fol11 lowing: 

12 (A) A timeline for the provision of defense 

13 articles, defense services, and related training 

14 under the authority of subsections (a)(1) and 

15 (a)(2). 

16 (B) A description of mechanisms and pro17 cedures for end-use monitoring of such defense 

18 articles, defense services, and related training. 

19 (C) How such defense articles, defense 

20 services, and related training would contribute 

21 to the foreign policy and national security of 

22 the United States, as well as impact security in 

23 the region. 

24 (D) An accounting of the defense articles 

25 provided to the Government of Iraq or the 


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1 Kurdistan Regional Government that have come 

2 to be possessed, or are suspected of having 

3 come to be possessed, by foreign terrorist orga4 nizations or groups known as ‘‘popular mobili5 zation forces’’, or other militia groups, that are 

6 supported by the Revolutionary Guard Corps of 

7 Iran or other entities of the Government of the 

8 Islamic Republic of Iran, which accounting shall 

9 include the following: 

10 (i) A description of the circumstances 

11 leading to the transfer of such defense ar12 ticles to the Government of Iraq or the 

13 Kurdistan Regional Government 

14 (ii) A description of the circumstances 

15 surrounding the possession of such defense 

16 articles by groups described in this sub17 paragraph. 

18 (iii) A description and assessment of 

19 the use and battlefield impacts of such de20 fense articles by such groups. 

21 (2) UPDATES.—Not later than 90 days after 

22 the submittal of the report required by paragraph 

23 (1), and every 90 days thereafter, the President 

24 shall submit to the appropriate congressional com25 mittees a report updating the previous report subVerDate Sep 11 2014 04:30 May 13, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1188.IS S1188

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1 mitted under this subsection. In addition to any 

2 matters so updated, each report shall include a de3 scription of any delays, and the circumstances sur4 rounding such delays, in the delivery of defense arti5 cles, defense services, and related training to the 

6 Kurdistan Regional Government pursuant to the au7 thority in subsections (a)(1) and (a)(2). 

8 (3) FORM.—Any report under this subsection 

9 shall be submitted in unclassified form, but may in10 clude a classified annex. 

11 (4) DEFINITION.—In this subsection, the term 

12 ‘‘appropriate congressional committees’’ means— 

13 (A) the Committee on Foreign Relations, 

14 the Committee on Appropriations, the Com15 mittee on Armed Services, and the Select Com16 mittee on Intelligence of the Senate; and 

17 (B) the Committee on Foreign Affairs, the 

18 Committee on Appropriations, the Committee 

19 on Armed Services, and the Permanent Select 

20 Committee on Intelligence of the House of Rep21 resentatives. 

22 (d) NOTIFICATION.—The President should provide 

23 notification to the Government of Iraq before providing 

24 defense articles, defense services, or related training to the 


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1 Kurdistan Regional Government under the authority of 

2 subsection (a)(1) or (a)(2). 

3 (e) ADDITIONAL DEFINITIONS.—In this section, the 

4 terms ‘‘defense article’’, ‘‘defense service’’, and ‘‘training’’ 

5 have the meanings given those terms in section 47 of the 

6 Arms Export Control Act (22 U.S.C. 2794). 

7 (f) TERMINATION.—The authority to provide defense 

8 articles, defense services, and related training under sub9 section (a)(1) and the authority to issue licenses for ex10 ports authorized under subsection (a)(2) shall terminate 

11 on the date that is 3 years after the date of the enactment 

12 of this Act. 

Æ 


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