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Title II — Security Assistance

H.R. 1327 · 113th Congress · Mar 21, 2013 · Lineage

II Security Assistance

Sec. 201 Sense of Congress regarding military assistance

It is the sense of Congress that—
(1)
the President should provide appropriate military assistance, including arms, training, and intelligence support, for Syrian opposition forces that meet the requirements of section 203;
(2)
a primary goal of military assistance should be to integrate the disparate units of the Free Syria Army into a coherent, effective fighting force under a unified command; and
(3)
the United States should take the initiative to ensure, insofar as possible, that arms supplied to the Syrian opposition, from whatever source, are appropriately vetted and are directed only to forces that support the establishment of a democratic and peaceful Syria.

Sec. 202 Military assistance

(a)
Drawdown authority— The President is authorized, notwithstanding any other provision of law, to direct the drawdown of defense articles from the stocks of the Department of Defense, defense services from the Department of Defense, and military education and training for an entity operating inside Syria that is not ineligible under section 203. Such assistance may include the following:
(1)
Non-lethal military equipment and defense information, including—
(A)
protective gear, including flak jackets and other forms of body armor;
(B)
individual equipment, tents, and organizational tool sets; and
(C)
communications equipment.
(2)
Subject to the President making the certification required under subsection (g), lethal military equipment, including—
(A)
defense articles; and
(B)
defense services.
(b)
Restriction— Defense articles provided pursuant to this section may not include anti-aircraft defensive systems.
(c)
Waiver— The President may waive the restriction under subsection (b) if—
(1)
it is in the vital national security interest to do so;
(2)
the President notifies Congress not later than 15 days before such waiver shall be issued;
(3)
the President transmits to the appropriate congressional committees a report described in subsection (h) with the certification required under subsection (g) specifically with respect to anti-aircraft systems not later than 15 days before the issuance of such a waiver; and
(4)
the President certifies that the United States has consulted with regional allies regarding the systems provided.
(d)
Notification requirement— The President shall notify the appropriate congressional committees at least 15 days in advance of each obligation of assistance under this section, including a detailed description of the assistance to be provided, in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).
(e)
Reimbursement relating to military assistance—
(1)
In general— Defense articles, defense services, and military education and training provided under subsection (a) shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to paragraph (2).
(2)
Authorization of appropriations— There are authorized to be appropriated to the President for fiscal year 2013 such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value of the defense articles, defense services, or military education and training provided under subsection (a) of this section.
(f)
Availability of funds— Amounts authorized to be appropriated under this section are authorized to remain available until expended, and are in addition to amounts otherwise available for the purposes described in this section.
(g)
Certification— The President shall certify, and include in each notification submitted pursuant to subsection (a)(2) and (c)(3), that the defense articles, defense services, and military education and training to be provided under this section to an entity operating inside Syria are consistent with the maintenance of regional stability and with the overall security and stability of neighboring friends and allies.
(h)
Report— The report referred to in subsection (c)(3) is a report that contains a detailed description of the following:
(1)
The intended recipients of the anti-aircraft defense systems that are at issue.
(2)
The areas where such systems would be deployed.
(3)
The targets against which such systems would be deployed.
(4)
An assessment of how such systems would affect the military and humanitarian situation in Syria.
(5)
An assessment of the risks and benefits of the intended transfer of such systems.

Sec. 203 Vetting of assistance

(a)
Ineligible entities— Assistance under this title may not be provided to an entity that fails to demonstrate a commitment to—
(1)
opposing and defeating the Assad regime;
(2)
establishing a democratic, pluralistic, and peaceful Syria; and
(3)
securing and safeguarding chemical and biological weapons, their precursor and constituent parts, and associated equipment.
(b)
Prohibition— No assistance may be provided under this title to an entity that has been designated as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), or as a Specially Designated Terrorist Organization under the terms and authorities of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
(c)
Requirement— To the maximum extent practicable, assistance under this Act shall be provided in accordance with section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).

Sec. 204 Authority for program to facilitate Syrian chemical and biological weapons destruction

(a)
In general— Notwithstanding any other provision of law, the President may establish a program described in subsection (b) to assist the securing, disabling, dismantling, removal, and destruction of Syrian chemical and biological weapons and all other weapons of mass destruction, their precursor and constituent parts, and associated equipment.
(b)
Type of program— A program established under this section shall be limited to cooperation between the United States and a Syrian entity to—
(1)
secure, safeguard, disable, dismantle, transport out of Syria, or destroy chemical and biological weapons, their precursor and constituent parts and associated equipment, and
(2)
establish verifiable safeguards against the proliferation of such weapons.
(c)
Funding—
(1)
Authorization of appropriations— There is authorized to be appropriated such sums as may be necessary for fiscal year 2013, to be available until expended, for the activities of the program described in this section.
(2)
Drawdown authority— The President may direct, in order to meet the goals of the program described in this section, the drawdown of articles and services from any Federal department or agency in any fiscal year, in addition to any other drawdown authority available to the President.
(3)
Transfer authority— In addition to any other transfer authority available to the President, the President may exercise the authority of this paragraph to transfer to, and merge with, funds made available to carry out this section such sums as may be necessary which have been made available to carry out any other provision of law.
(4)
Report on proposed obligations— Not less than 15 days before obligating any funds, drawing down any articles or services from a Federal department or agency, or transferring any appropriated funds from another account, for the program described in this section, the President shall transmit to Congress a report on such proposed obligation, drawdown, or transfer. Each such report shall specify—
(A)
the account, budget activity, and particular program or programs from which the funds proposed to be obligated, drawndown, or transferred are to be derived, and the amount of such proposed obligation, drawdown, or transfer; and
(B)
the activities and forms of assistance for which the President plans to obligate such funds.
(d)
Quarterly reports on program— Not later than 30 days after the end of each quarter during which the United States has been engaged in activities pursuant to a program established under this section, the President shall transmit to Congress a report on such activities. Each such report shall specify, for the preceding quarter and cumulatively, at a minimum a description of the following:
(1)
The activities carried out.
(2)
The types and amounts of assistance provided for such activities.
(3)
The entities receiving such assistance.
(4)
The sources of funds and authorities under which they were provided.
(5)
The United States departments or agencies providing such assistance.

Sec. 205 Rule of construction

Nothing in this Act may be construed to authorize the use of military force in Syria by the United States Armed Forces.