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Bill
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Title III — Promoting an effective transition

S. 960 · 113th Congress · May 15, 2013 · Lineage

III Promoting an effective transition

Sec. 301 Syria Transition Fund

(a)
Syria Transition Fund—
(1)
Establishment— There is established a Syria Transition Fund (in this title referred to as the Transition Fund) from which funds may be made available, notwithstanding any other provision of law that restricts the provision of United States economic or non-military assistance in Syria, for assistance and contributions to promote security and support the objectives described in section 45.
(2)
Obligation of funds; notification—
(A)
In general— The Transition Fund may rely upon the administrative authorities of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and obligation of such funds may not occur until 15 days after the date on which the President has provided notice of intent to obligate to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives.
(B)
Waiver— The notification required under subparagraph (A) may be waived if failure to do so would pose a substantial risk to human health or welfare, in which case notification shall be provided as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver. Any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.
(b)
Purpose— The purpose of the Transition Fund is to provide support in the early transition period to enable an effective political transition to a more democratic and inclusive political structure and provide for initiatives that will improve the security of the United States, United States partners and allies, and the people of Syria. The Transition Fund may be used to support programs in the following areas and in priority order:
(1)
Security sector support— Programs to train, equip, and professionalize law enforcement and military forces in Syria, including police and border protection forces, to protect the people of Syria.
(2)
Support for regional stability— Programs to support government agencies and law enforcement and military forces in Syria, as well as those in neighboring countries, to provide support to refugees from Syria, to stem the flow of weapons and fighters out of Syria into other nations, and to prevent the proliferation of chemical or other weapons of mass destruction, including preventing such weapons from falling into the hands of al Qaeda, Hizballah, and other terrorist groups.
(3)
Technical assistance for phased disarmament— Technical assistance to transitional authorities to—
(A)
create special weapons storage sites used to separately warehouse and catalogue vetted groups’ weaponry during a transition period;
(B)
repurpose weapons systems for eventual new Syrian security forces; and
(C)
transition rebel groups into civilian life or official membership in new forces.
(3)(4)
Transitional justice and conflict resolution— Programs to reduce the likelihood of retribution or sectarian violence in the aftermath of the end of the Assad regime and to promote the creation of a stable center, including improving relations between the moderate Sunni, Alawite, and Christian communities.
(4)(5)
Technical assistance to promote democracy and building democratic institutions— Technical assistance, capacity building, and training programs that—
(A)
facilitate the development of an accountable, effective, and representative democratic government;
(B)
protect the rule of law during the transition;
(C)
support the development and administration of a modern justice system;
(D)
assist with the development of a Syrian constitution that fosters a sense of unity and contributes to national reconciliation among different components of Syrian society; and
(E)
support the establishment of an inclusive and transparent electoral system in Syria.
(E)
support the establishment of an inclusive and transparent electoral system in Syria; and
(F)
develop the capacity of democratically-oriented political parties and civil society organizations.
(5)(6)
Technical assistance to support economic revitalization— Technical assistance, capacity building, and training programs that support the resumption of economic activity, restore access to international markets, promote international investment, provide for financial transparency and fiscal stability, and empower the private sector.
(6)(7)
Technical assistance for basic services— Technical assistance, capacity building, and training programs to provide basic civil government services to the people of Syria.
(7)(8)
Collection of evidence on unlawful activities targeting civilian populations— Programs that support the collection of evidence related to the activities of those individuals who target or lead units or organizations that target civilian populations and vulnerable populations, including women and children, or have engaged in otherwise unlawful acts, and to ensure that they are held accountable for their actions.
(9)
Post-conflict stabilization— High-level diplomacy and planning for post-conflict stabilization efforts.
(c)
Authorization of appropriations— In addition to other assistance authorized under law, there is authorized to be appropriated to the Transition Fund, out of amounts appropriated for the support of political and economic transition in the Middle East and North Africa, up to $250,000,000 annually for fiscal years 2013 through 2015.
(d)
Uses of funds for nonproliferation— Notwithstanding any other provision of law that restricts the provision of United States assistance in Syria, up to $100,000,000 of the funds authorized to be appropriated annually under subsection (c) may also be transferred to and merged with funds made available to carry out in Syria the purposes of chapter 9 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.; nonproliferation and export control assistance).
(e)
Transfer authority—
(1)
In general— In addition to other transfer authorities available to the Department of State, the Department of Defense, or other United States Government agencies or departments, funds available for foreign assistance or funds of the Department of Defense or other United States Government agencies or departments that are specifically allocated towards addressing the situation in Syria may be transferred to the Transition Fund by the agencies or departments to which the funds are available, subject to existing reprogramming requirements and limitations, including congressional notification and approval requirements. Amounts so transferred shall be merged with funds otherwise made available under this section and remain available until expended for the purposes specified in subsection (b).
(2)
Limit— The total amount of funds made available to the Transition Fund may not exceed $250,000,000 in any fiscal year.
(3)
Transfer authority— Funds available to carry out assistance authorized by this section may be transferred to an agency or account determined most appropriate to facilitate the provision of assistance authorized by this section.
(4)
Additional to other authorities— The transfer authorities in paragraphs (1) and (3) are in addition to any other transfer authority available to the Department of State or other United States Government agencies.
(f)
Sunset provision— Unless specifically renewed, the Transition Fund shall terminate on September 30, 2015.
(g)
Annual report—
(1)
In general— Not later than 180 days after the establishment of the Transition Fund, and annually thereafter for the duration of the Transition Fund, the Secretary of State, in collaboration with the Secretary of Defense and other appropriate agencies, shall submit to the appropriate congressional committees a report on United States efforts to assist the political transition in Syria with a specific focus on the efforts supported by the Transition Fund. The Secretary shall also provide an update briefing to the appropriate congressional committees every 180 days.
(2)
Content— The report required under paragraph (1) shall include the following elements:
(A)
A description of the efforts undertaken and planned to be undertaken by the United States Government through the Transition Fund to support the policy objectives outlined in section 45.
(B)
A description of the efforts supported by the Transition Fund to support an effective and secure political transition in Syria and how those activities align with the purposes described in subsection (b).
(C)
A description of the efforts undertaken and planned to be undertaken by the United States Government, supported by the Transition Fund, to leverage additional financial assistance from the international donor community, including the Gulf states, in support of political transition and rebuilding in Syria.
(C)(D)
A specific accounting of all monies obligated through the Transition Fund by program and project.
(D)(E)
Metrics and benchmarks to make allocations from the Transition Fund and measure the performance of the Transition Fund and programs funded by the Transition Fund.
(E)(F)
A description of efforts undertaken to coordinate with other donors and ensure that there is not a duplication of efforts, including among Federal agencies.
(3)
Form— The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Sec. 302 Adjusting sanctions provisions in preparation for a political transition

(a)
Sense of Congress— It is the sense of Congress that the United States Government should begin a phased process to remove sanctions on Syria once the Government of Syria has ceased its campaign of violence against the people of Syria and a transition has begun to a representative and inclusive government that is demonstrably committed to the principles set forth in subparagraphs (A) through (H) of section 45(7) and is recognized by the United States.
(b)
Amendments to Syria accountability and Lebanese Sovereignty Restoration Act of 2003— Section 5 of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (Public Law 108–175; 22 U.S.C. 2151 note) is amended—
(1)
in subsection (c)—
(A)
in paragraph (1)—
(i)
by inserting “(A)” after “(1)”; and
(ii)
by striking “paragraphs (1) through (4) of subsection (d)” and inserting “subparagraphs (A) through (D) of paragraph (1) of subsection (d)”;
(B)
by redesignating paragraphs (2) and (3) as subparagraphs (B) and (C), respectively; and
(C)
in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking the comma at the end and inserting the following: “; or

“(2) makes the determination that the Government of Syria meets the requirements described in paragraph (2) of such subsection and certifies such determination to Congress in accordance with such subsection,”

(2)
in subsection (d)—
(A)
in paragraph (1), by inserting “(A)” after “(1)”;
(B)
by redesignating paragraphs (2), (3), and (4) as subparagraphs (B), (C), and (D), respectively; and
(C)
in subparagraph (D), as redesignated by subparagraph (B), by striking the period at the end and inserting the following: “; or

“(2)

“(A) Bashar al-Assad is no longer the leader of Syria; and

“(B) the Government of Syria has ceased its campaign of violence against the people of Syria and begun the transition to a representative and inclusive government that is demonstrably committed to the principles of—

“(i) protecting human rights, expanding political participation, and providing religious freedom to all Syrians, irrespective of, religion, ethnicity, or gender;

“(ii) supporting the rule of law;

“(iii) rejecting terrorism and extremist ideologies;

“(iv) subordinating the military to civilian authority;

“(v) protecting the Syrian population against sectarian violence and reprisals;

“(vi) cooperating with international counterterrorism and nonproliferation efforts;

“(vii) supporting regional stability and avoiding interference in the affairs of neighboring countries;

“(viii) establishing a strong justice system and ensuring accountability for conflict-related crimes; and

“(ix) recognizing the Golan Heights “Separation of Forces Agreement Between Israel And Syria,” signed on May 31, 1974, and the related protocol regarding United Nations Disengagement Observer Force (UNDOF) functions.”

Sec. 303 Report on Syrian weapons stockpiles

(a)
In general— Not later than 30 days after the date of enactment of this Act, the President shall submit to Congress an assessment of the size and security of conventional and non-conventional weapons stockpiles in Syria.
(b)
Content— The report required under subsection (a) shall include the following elements:
(1)
A description of who has or may have access to the stockpiles.
(2)
A description of the sources and types of
(1)
A description of who has command and control over and access to conventional and non-conventional weapons stockpiles.
(2)
A description of the use and sources and types of weapons flowing from outside Syria to both government and opposition forces.
(3)
A detailed plan to prevent the proliferation of conventional, biological, chemical, and other types of weapons in Syria.

Sec. 304 Pre-transition international consensus

The Secretary of State should establish international consensus on the transition and post-transition period and government in Syria by—
(1)
working with the government of Russia on the situation in Syria and the transition and post-transition period and government in Syria, including how such programs can leverageleveraging the shared interests of the United States and Russia in avoiding the expansion of extremist ideologies and terrorist groups in Syria and the region and working to end Russian financial and military support for the Assad regime;
(2)
working with the Friends of Syria group to ensure that extremist and terrorist groups in Syria are isolated and that the core of the opposition can be brought to the negotiating table; and
(3)
building an international consensus to limit and, to the greatest extent possible, eliminate support from the Government of Iran for the Syrian regime, including a potential ban on all commercial flights between Iran and Syria.

Sec. 305 International support for a peaceful transition

It is the sense of Congress that the United States Government should work with international financial institutions to support the purposes described in section 5.