Syria Transition Support Act of 2013 - (Sec. 4) Expresses the sense of the Senate that the United States: (1) condemns the violence and human rights violations perpetrated against the Syrian people by President Bashar al-Assad's regime; (2) affirms the neutrality of medical professionals providing humanitarian assistance and health care and condemns attacks against such personnel or interference in the provision of medical care; and (3) welcomes the pledges of humanitarian assistance made by Australia, Botswana, Brazil, Canada, China, India, Japan, Republic of Korea, Kuwait, Morocco, New Zealand, Qatar, Saudi Arabia, Turkey, the United Arab Emirates (UAE), and members of the European Union (EU), and encourages prompt delivery of those pledges.
Declares the further sense of the Senate that the United States should: (1) support vulnerable civilians and innocent victims of the conflict in Syria, particularly women and children; (2) support efforts by democratically oriented opposition groups to agree upon a political transition plan that protects the rights of Syria's minority groups; (3) help ensure that, once a stable transitional government is established in Syria, it is committed to multiparty democracy, respect for human rights and religious freedom, protection of refugees, promoting peace with its neighbors, and rehabilitating former combatants; and (4) implement fully existing sanctions on Syria.
(Sec. 5) States that the purposes of assistance under this Act are to: (1) support democratic, inclusive transition in Syria; (2) assist the people of Syria, especially internally displaced persons and refugees, in meeting basic needs; (3) provide support to neighboring countries hosting Syrian refugees and to international organizations providing humanitarian relief; (4) oppose the unlawful use of violence against civilians by all parties to the conflict in Syria; (5) expedite a negotiated solution to the conflict in Syria, including Bashar al-Assad's departure; (6) recognize the National Coalition for Syrian Revolutionary and Opposition Forces as a legitimate representative of the Syrian people; (7) engage with opposition groups that reflect U.S. interests and values; (8) promote Syria's territorial integrity; (9) provide foreign and defense-related assistance to specific members of the Syrian Supreme Military Council, particular units of the Free Syrian Army, and other Syrian entities that have been vetted and share U.S. values and interests; (10) coordinate with key partners on contingency planning, including Turkey, Jordan, Israel, the Gulf Cooperation Council (GCC), and the EU; (11) support efforts to document and hold accountable those individuals who target civilian and vulnerable populations; (12) support programs that provide scholars, scientists, and students in Syria fellowship and scholarship opportunities outside Syria to ensure that they can assist in Syria's democratic rebuilding; and (13) ensure a stable and appropriate political transition in Syria and limit the threats posed by extremist groups, weapons proliferation, sectarian and ethnic violence, and refugee flows.
(Sec. 6) States that nothing in this Act shall be construed to authorize the use of force by the U.S. Armed Forces.
Title I: United States Strategy and Congressional Oversight - (Sec. 101) Directs the Secretary of State to report to Congress on a U.S. strategy to: (1) ensure an appropriate political transition in Syria and limit the threats posed by extremist groups, weapons proliferation, sectarian and ethnic violence, and refugee flows; (2) assist the people of Syria in meeting basic needs; (3) engage with opposition groups that reflect U.S. interests and values, most notably the Syrian Opposition Coalition; (4) promote Syria's territorial integrity; (5) support efforts to identify individuals who target or lead units or organizations that target civilian and vulnerable populations; and (6) include specified international engagement efforts.
(Sec. 102) Directs the President to: (1) keep Congress fully informed of all U.S. activities regarding Syria, and (2) provide Congress with a classified briefing at least quarterly detailing all U.S. government activities with respect to Syria.
Title II: Humanitarian Assistance - (Sec. 201) Authorizes the President to provide humanitarian assistance to the people of Syria pursuant to the Foreign Assistance Act of 1961 or the Migration and Refugee Assistance Act.
(Sec. 202) Urges the President to use U.S. influence with the United Nations (U.N.) voluntary agencies and other international organizations to support humanitarian and development assistance for the people of Syria.
(Sec. 203) Urges the President to support bilateral refugee assistance programs in countries, including Iraq, Jordan, Turkey, Egypt, and Lebanon, which have experienced an influx of Syrian refugees.
(Sec. 204) Expresses the sense of Congress that: (1) the United States should continue to coordinate with other donor nations, the United Nations (U.N.), other multilateral agencies, and nongovernmental organizations to enhance the effectiveness of humanitarian assistance to the people of Syria; (2) countries hosting Syrian refugees should be commended for their efforts and should be encouraged to maintain an open border policy for fleeing Syrians; (3) the United States should work with these partners to help their national systems accommodate the population influx and also deliver basic services to their own citizens; and (4) assistance should, without restricting the ability of a contractor or grantee to use its own organizational brand or logo, be identified as being "From the American People" if such identification would not jeopardize safety, compromise the program independence or neutrality, undermine the democratically oriented opposition, or render the provision of assistance impracticable.
(Sec. 205) Directs the Secretary to report to Congress on a U.S. government strategy to ensure that the people of Syria are made aware of the U.S. assistance provided to Syrians, both inside Syria and those seeking refuge in neighboring countries.
(Sec. 206) States that nothing in this title shall be construed to authorize new or additional funding for humanitarian needs or aid to international organizations.
Title III: Promoting an Effective Transition - (Sec. 301) Establishes a Syria Transition Fund to provide support in the early transition period to: (1) enable an effective political transition to a more democratic and inclusive political structure; and (2) provide for initiatives to improve the security of the United States, U.S. partners and allies, and the people of Syria.
Sets forth the following Fund-supported activities: (1) security sector support, (2) support for regional stability, (3) technical assistance for phased disarmament, (4) transitional justice and conflict resolution, (5) democracy promotion, (6) economic restructuring, (7) technical assistance for basic services, (8) evidence collection on civilian abuses, and (9) post-conflict stabilization.
Authorizes specified fund transfers to the Fund.
Terminates the Fund on September 30, 2015.
Directs the Secretary to report to Congress annually (for the duration of the Fund) regarding U.S. efforts to assist Syria's political transition, with a specific focus on Fund-supported efforts.
(Sec. 302) Expresses the sense of Congress that the United States should begin a phased removal of sanctions once the government of Syria has ceased its campaign of violence against the Syrian people, begun a representative and inclusive transition, and has been recognized by the United States.
Amends the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 to require, in lieu of current certification requirements that Syria must satisfy in order to avoid specified sanctions and prohibitions on U.S. defense exports, that: (1) Bashar al-Assad is no longer the leader of Syria, and (2) the government of Syria has ceased its campaign of violence against the Syrian people and has begun the transition to a representative and inclusive government.
(Sec. 303) Directs the President to submit to Congress an assessment of the size and security of conventional and non-conventional weapons stockpiles in Syria.
(Sec. 304) Urges the Secretary to establish international consensus on the transition and post-transition period and government in Syria by: (1) working with Russia and the Friends of Syria, and (2) building an international consensus to limit Iranian support for the Syrian regime.
(Sec. 305) Expresses the sense of Congress that the United States should work with international financial institutions to support the purposes set forth in this Act.
Title IV: Sanctions - (Sec. 402) Directs the President to impose two or more of the sanctions under this Act on any person (other than a foreign financial institution) that knowingly participated in or facilitated a significant transaction related to the sale, transfer, or transportation of defense articles (including surface-to-air and surface-to-surface missile systems, including any S300 system and the Yakhont system), defense services, or military training to the al-Assad regime or any successor regime in Syria that is not a legitimate transitional or replacement government.
Authorizes the President to prohibit the opening in the United States, and prohibit or impose conditions on maintenance, of a correspondent account or a payable-through account by a foreign financial institution that has knowingly conducted a significant transaction related to the sale, transfer, or transportation of defense articles (including surface-to-air and surface-to-surface missile systems, including any S300 system and the Yakhont system), defense services, or military training to: (1) the al-Assad regime or any successor regime in Syria that is not a legitimate transitional or replacement government; or (2) any person added after April 28, 2011, to the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury in connection with the conflict in Syria.
(Sec. 403) Directs the President to impose three or more of the sanctions under this Act on any person (other than a foreign financial institution) that has knowingly participated in or facilitated a significant transaction related to the sale or transfer of petroleum or petroleum products to the al-Assad regime or any successor regime in Syria that is not a legitimate transitional or replacement government.
Authorizes the President to prohibit the opening in the United States, and prohibit or impose conditions on maintenance, of a correspondent account or a payable-through account by a foreign financial institution that has knowingly conducted a significant transaction related to the sale or transfer of petroleum or petroleum products to: (1) the al-Assad regime or any successor regime in Syria that is not a legitimate transitional or replacement government; or (2) any person added after April 28, 2011, to the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury in connection with the conflict in Syria.
(Sec. 404) Specifies such sanctions as prohibitions on: (1) Export-Import Bank assistance, (2) procurement of goods or services, (3) arms exports, (4) dual-use exports, (5) property transactions, and (6) U.S. admissions.
(Sec. 405) Authorizes the President to waive, with congressional notification, the application of sanctions for renewable 180-day periods if vital to U.S. national security interests.
(Sec. 406) Expresses the sense of Congress that the President should work with U.S. allies to obtain support for countries to impose sanctions on Syria that are equivalent to the sanctions set forth in this title.
Title V: Increased Support for the Opposition - (Sec. 501) Authorizes the President to provide assistance, including defense articles, defense services, and training to vetted elements of the Syrian Supreme Military Council, the Free Syrian Army, and other Syrian entities opposed to the al-Assad regime.
Prohibits the transfer of anti-aircraft defensive systems unless waived by the President for national security reasons and with prior notice to Congress.
Directs the President to provide Congress with specified certifications not later than 15 days before obligating funds or making commitments for such assistance.
Urges the United States to encourage any entity receiving such assistance to commit to: (1) a Syria that is free of weapons of mass destruction (WMDs), including any chemical, biological, or nuclear WMD-related programs; and (2) a code of conduct that includes respect for laws of armed conflict and the rule of law, commitments to refrain from sectarian violence and revenge killings, and cooperation with transitional authorities.
(Sec. 502) Prohibits assistance to be provided to any unit or entity that has engaged in the use of chemical weapons or that is selling or illegally transferring U.S. defense articles or defense services.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 960 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 960
To foster stability in Syria, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2013
Mr. Menendez (for himself and Mr. Corker) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To foster stability in Syria, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Syria Transition
Support Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Appropriate congressional committees defined.
Sec. 3. Findings.
Sec. 4. Purposes of assistance.
Sec. 5. No authorization for the use of military force.
TITLE I--UNITED STATES STRATEGY AND CONGRESSIONAL OVERSIGHT
Sec. 101. Report on United States strategy on Syria.
Sec. 102. Congressional oversight of United States Government
activities in Syria.
TITLE II--HUMANITARIAN ASSISTANCE
Sec. 201. Humanitarian assistance to the people of Syria.
Sec. 202. Sense of Congress.
Sec. 203. Report on strategy to communicate to the Syrian people about
assistance provided by the United States
Government.
TITLE III--PROMOTING AN EFFECTIVE TRANSITION
Sec. 301. Syria Transition Fund.
Sec. 302. Adjusting sanctions provisions in preparation for a political
transition.
Sec. 303. Report on Syrian weapons stockpiles.
Sec. 304. Pre-transition international consensus.
TITLE IV--SANCTIONS
Sec. 401. Definitions.
Sec. 402. Imposition of sanctions with respect to selling,
transferring, or transporting defense
articles, defense services, or military
training to the Assad regime of Syria.
Sec. 403. Imposition of sanctions with respect to persons providing
petroleum or petroleum products to the
Assad regime of Syria.
Sec. 404. Sanctions described.
Sec. 405. Waivers.
Sec. 406. Sense of Congress on sanctions.
TITLE V--INCREASED SUPPORT FOR THE OPPOSITION
Sec. 501. Lethal and increased non-lethal support for the vetted
opposition.
SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, except as specifically provided in title IV of this
Act, the term ``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Since mass peaceful demonstrations started in Syria on
March 15, 2011, the Government of Syria, led by Bashar al-
Assad, has responded by committing human rights abuses and
launching a violent crackdown that has claimed an estimated
70,000 lives and degenerated into a civil war.
(2) The civil war has caused a humanitarian crisis.
According to the United Nations, there are more than 1,400,000
Syrian refugees registered in Lebanon, Turkey, Jordan, Egypt,
and Iraq and more than 2,600,000 Syrians displaced within the
country. More than three-quarters of refugees and internally
displaced persons are women and children.
(3) The refugee crisis threatens the stability of the
Middle East, putting immense burdens on Syria's neighbors, most
notably Lebanon and Jordan, but also Turkey and Iraq.
(4) The civil war has increased the danger that the Assad
regime could lose control of its chemical weapons stockpile,
with the chemical weapons potentially falling into the hands of
terrorist groups like Hizballah and al Qaeda.
(5) On April 25, 2013, the White House issued a letter to
Congress stating that ``our intelligence community does assess
with varying degrees of confidence that the Syrian regime has
used chemical weapons on a small scale in Syria, specifically
the chemical agent Sarin''.
(6) The security vacuum in Syria has created a safe haven
for both Shia and Sunni extremists, which could threaten the
security of the United States and its partners in the region.
(7) Instability in Syria has threatened Israel's security,
particularly on the shared border along the Golan Heights.
(8) A change of government in Syria could be a significant
blow to the Government of Iran and Hizballah, which would lose
a strong ally and which have also been aggressively providing
military and other assistance to Bashar al-Assad's forces,
including through the trafficking of weapons and supplies on
commercial flights originating from or terminating in Iran.
(9) The commitments made by the National Coalition for
Syrian Revolutionary and Opposition Forces at the international
meeting in Istanbul on April 20 and 21, 2013, constitute an
important endorsement of shared principles and objectives that
should guide United States Government cooperation with the
National Coalition for Syrian Revolutionary and Opposition
Forces and affiliated forces. These principles include a
commitment to the territorial integrity of Syria, a rejection
of sectarianism and extremism, and pledges to secure chemical
weapons and support nonproliferation efforts.
(10) It is vital to the national security interests of the
United States to ensure that the United States planning and
programs, specifically those conducted under the authorities or
funding provided in or authorized under this Act, are focused
on ensuring a stable and appropriate political transition in
Syria and limiting the threats posed by extremist groups,
weapons proliferation, sectarian and ethnic violence, and
refugee flows in the aftermath of the current conflict.
SEC. 4. PURPOSES OF ASSISTANCE.
The purposes of assistance authorized by this Act are--
(1) to support transition from the current regime to a just
and democratic state that is inclusive and protects the rights
of all Syrians regardless of religion, ethnicity, or gender;
(2) to assist the people of Syria, especially internally
displaced persons and refugees, in meeting basic needs
including access to food, health care, shelter, and clean
drinking water;
(3) to provide political and economic support to those
neighboring countries who are hosting refugees fleeing Syria
and to international organizations that are providing
assistance and coordinating humanitarian relief efforts;
(4) to oppose the unlawful use of violence against
civilians by all parties to the conflict in Syria;
(5) to use a broad array of instruments of national power
to expedite a negotiated solution to the conflict in Syria,
including the departure of Bashar al-Assad;
(6) to recognize the National Coalition for Syrian
Revolutionary and Opposition Forces (in this Act referred to as
the ``Syrian Opposition Coalition'' or ``SOC'') as a legitimate
representative of the Syrian people;
(7) to engage with opposition groups that reflect United
States interests and values, most notably the Syrian Opposition
Coalition, any legitimate successor groups, including
appropriate subgroups within the opposition that are
representative of the Syrian people, as well as the broader
international community, that are committed to facilitating an
orderly transition to a more stable democratic political order,
including--
(A) protecting human rights, expanding political
participation, and providing religious freedom to all
Syrians, irrespective of religion, ethnicity, or
gender;
(B) supporting the rule of law;
(C) rejecting terrorism and extremist ideologies;
(D) subordinating the military to civilian
authority;
(E) protecting the Syrian population against
sectarian violence and reprisals;
(F) cooperating with international counterterrorism
and nonproliferation efforts;
(G) supporting regional stability and avoiding
interference in the affairs of neighboring countries;
and
(H) establishing a strong justice system and
ensuring accountability for conflict-related crimes;
(8) to promote the territorial integrity of Syria and
continuity of the Syrian state by supporting a post-Assad
government that is capable of providing security, services, and
political and religious rights to its people;
(9) to provide foreign assistance, defense articles,
defense services, and training to specific members of the
Syrian Supreme Military Council, particular units of the Free
Syrian Army, and other Syrian entities opposed to the
government of Bashar al-Assad that have been properly and fully
vetted and share common values and interests with the United
States;
(10) to closely coordinate with key partners on contingency
planning, including Turkey, Jordan, Israel, the Gulf
Cooperation Council, and the European Union, to ensure that
these partners are prepared for an appropriate response to the
evolving situation in Syria, including being ready and capable
of securing of chemical or biological weapons or other
proliferation emergencies, preventing the flow of fighters and
weapons out of Syria into neighboring countries, or taking
other measures against the Government of Syria, including
contingency planning for a no-fly zone;
(11) to support efforts to identify and document 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; and
(12) to ensure a stable and appropriate political
transition in Syria and limit the threats posed by extremist
groups, weapons proliferation, sectarian and ethnic violence,
and refugee flows in the aftermath of the current conflict.
SEC. 5. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.
Nothing in this Act shall be construed as providing authorization
for the use of military force by the United States Armed Forces.
TITLE I--UNITED STATES STRATEGY AND CONGRESSIONAL OVERSIGHT
SEC. 101. REPORT ON UNITED STATES STRATEGY ON SYRIA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees an unclassified report, with an
classified annex, as necessary, on an integrated United States
Government strategy to achieve the purposes set forth in section 4.
(b) Metrics.--The strategy referenced in subsection (a) should
include specific proposed actions to be taken by each relevant
government agency, a timeframe for beginning and completing such
actions, and metrics for evaluating the success of each proposed action
relative to the purpose of such action.
(c) International Engagement Strategy.--The strategy referenced in
subsection (a) should specifically include sections describing specific
United States Government programs and efforts--
(1) to establish international consensus on the transition
and post-transition period and government in Syria;
(2) to work 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 leverage
the shared interests of the United States and Russia in
avoiding the expansion of extremist ideologies and terrorist
groups in Syria and the region;
(3) to work 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
(4) to build 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.
(d) Congressional Consultation.--The President shall actively
consult with the appropriate congressional committees prior to the
submission of the report required under subsection (a).
SEC. 102. CONGRESSIONAL OVERSIGHT OF UNITED STATES GOVERNMENT
ACTIVITIES IN SYRIA.
(a) In General.--The President shall keep Congress, through the
appropriate congressional committees, fully and currently informed of
all United States Government activities with respect to Syria,
including activities and programs conducted or funded pursuant to this
Act.
(b) Reporting.--The President shall provide a classified briefing
not less than on a quarterly basis to the appropriate congressional
committees detailing all United States Government activities with
respect to Syria, including activities and programs conducted or funded
pursuant to this Act.
TITLE II--HUMANITARIAN ASSISTANCE
SEC. 201. HUMANITARIAN ASSISTANCE TO THE PEOPLE OF SYRIA.
(a) Authority.--Notwithstanding any other provision of law that
restricts the provision of United States economic or other non-military
assistance in Syria, the President is authorized to provide economic
and other non-military assistance to meet humanitarian needs to the
people of Syria, either directly or through appropriate groups and
organizations pursuant to the provisions of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) or the Migration and Refugee
Assistance Act (22 U.S.C. 2601 et seq.).
(b) Rule of Construction.--Nothing in this section shall be
construed to authorize new or additional funding for humanitarian
needs.
SEC. 202. SENSE OF CONGRESS.
Consistent with the policy objectives described in section 4, it is
the sense of Congress that--
(1) the United States should continue to coordinate with
other donor nations, the United Nations, other multilateral
agencies, and nongovernmental organizations to enhance the
effectiveness of humanitarian assistance to the people
suffering as a result of the crisis in Syria;
(2) countries hosting Syrian refugees should be commended
for their efforts and should be encouraged to maintain an open
border policy for fleeing Syrians;
(3) the United States Government should continue to work
with these partners to help their national systems accommodate
the population influx and also maintain delivery of basic
services to their own citizens; and
(4) the United States Government should seek to identify
humanitarian assistance as originating from the American people
wherever possible and to the fullest extent practicable, while
maintaining consideration for the health and safety of the
implementers and recipients of that assistance and the
achievement of United States policy goals and the purposes set
forth in section 4.
SEC. 203. REPORT ON STRATEGY TO COMMUNICATE TO THE SYRIAN PEOPLE ABOUT
ASSISTANCE PROVIDED BY THE UNITED STATES GOVERNMENT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees an unclassified report with a
classified annex, as necessary, on an integrated United States
Government strategy to ensure that the people of Syria people are made
aware to the maximum extent possible of the assistance that the United
States Government provides to Syrians both inside Syria and those
seeking refuge in neighboring countries.
(b) Content.--The report should include the following elements:
(1) A discussion of how the United States balances three
imperatives of--
(A) maximizing the efficacy of aid provided to the
people of Syria;
(B) ensuring that there is awareness among the
people of Syria on the amount and nature of this aid;
and
(C) leveraging this aid to improve the credibility
of the Syrian Opposition Coalition amongst the people
of Syria.
(2) Methods by which the United States Government and its
partners plan to communicate to the people of Syria what
assistance the United States has provided.
(3) A plan, with specific action, timelines, and evaluation
metrics for promoting awareness of the United States
Government's assistance to the maximum extent possible while
taking into consideration and ensuring the safety of its
implementing partners and personnel providing that assistance
and the achievement of the United States policy goals and the
purposes set forth in section 4.
(4) An assessment of the Syrian Opposition Coalition's
Assistance Coordination Unit (ACU)'s, or any appropriate
successor entity's, capacity to participate in the distribution
of assistance, and a description of steps the United States
Government is taking to increase their profile so as to help
build their credibility among Syrians.
TITLE 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 4.
(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) 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) 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.
(5) 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) Technical assistance for basic services.--Technical
assistance, capacity building, and training programs to provide
basic civil government services to the people of Syria.
(7) 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.
(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 4.
(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 specific accounting of all monies obligated
through the Transition Fund by program and project.
(D) 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) 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
4(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,''; and
(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 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 leverage
the shared interests of the United States and Russia in
avoiding the expansion of extremist ideologies and terrorist
groups in Syria and the region;
(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.
TITLE IV--SANCTIONS
SEC. 401. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Finance, and the Committee on Banking,
Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Ways and Means, and the Committee on Financial
Services of the House of Representatives.
(2) Defense article; defense service.--The terms ``defense
article'' and ``defense service'' have the meanings given those
terms in section 47 of the Arms Export Control Act (22 U.S.C.
2794).
(3) Person.--The term ``person'' means an individual or
entity.
(4) Petroleum.--The term ``petroleum'' includes crude oil
and any mixture of hydrocarbons that exists in liquid phase in
natural underground reservoirs and remains liquid at
atmospheric pressure after passing through surface separating
facilities.
(5) Petroleum products.--The term ``petroleum products''
includes unfinished oils, liquefied petroleum gases, pentanes
plus, aviation gasoline, motor gasoline, naptha-type jet fuel,
kerosene-type jet fuel, kerosene, distillate fuel oil, residual
fuel oil, petrochemical feedstocks, special naphthas,
lubricants, waxes, petroleum coke, asphalt, road oil, still
gas, and miscellaneous products obtained from the processing of
crude oil (including lease condensate), natural gas, and other
hydrocarbon compounds.
(6) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen or resident
of the United States or a national of the United States
(as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))); and
(B) an entity that is organized under the laws of
the United States or a jurisdiction within the United
States.
SEC. 402. IMPOSITION OF SANCTIONS WITH RESPECT TO SELLING,
TRANSFERRING, OR TRANSPORTING DEFENSE ARTICLES, DEFENSE
SERVICES, OR MILITARY TRAINING TO THE ASSAD REGIME OF
SYRIA.
On or after the date that is 30 days after the date of the
enactment of this Act, the President may impose sanctions from among
the sanctions described in section 404 with respect to any person that
the President determines has, on or after such date of enactment,
knowingly participated in or facilitated a significant transaction
related to the sale, transfer, or transportation of defense articles,
defense services, or military training to the Assad regime of Syria or
any successor regime in Syria that the President determines is not a
legitimate transitional or replacement government.
SEC. 403. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS PROVIDING
PETROLEUM OR PETROLEUM PRODUCTS TO THE ASSAD REGIME OF
SYRIA.
On or after the date that is 30 days after the date of the
enactment of this Act, the President shall impose the sanction
described in paragraph (5) of section 404 and 2 or more of the other
sanctions described in that section with respect to each person that
the President determines has, on or after such date of enactment,
knowingly participated in or facilitated a significant transaction
related to the sale or transfer of petroleum or petroleum products to
the Assad regime of Syria or any successor regime in Syria that the
President determines is not a legitimate transitional or replacement
government.
SEC. 404. SANCTIONS DESCRIBED.
The sanctions the President may impose with respect to a person
under sections 402 and 403 are the following:
(1) Export-import bank assistance.--The President may
direct the Export-Import Bank of the United States not to give
approval to the issuance of any guarantee, insurance, extension
of credit, or participation in the extension of credit in
connection with the export of any goods or services to the
person.
(2) Procurement sanction.--The President may prohibit the
United States Government from procuring, or entering into any
contract for the procurement of, any goods or services from the
person.
(3) Arms export prohibition.--The President may prohibit
United States Government sales to the person of any item on the
United States Munitions List under section 38(a)(1) of the Arms
Export Control Act (22 U.S.C. 2778(a)(1)) and require
termination of sales to the person of any defense articles,
defense services, or design and construction services under
that Act (22 U.S.C. 2751 et seq.).
(4) Dual-use export prohibition.--The President may deny
licenses and suspend existing licenses for the transfer to the
person of items the export of which is controlled under the
Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.)
(as in effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.)) or the Export
Administration Regulations under subchapter C of chapter VII of
title 15, Code of Federal Regulations.
(5) Blocking of assets.--The President may, pursuant to
such regulations as the President may prescribe, block and
prohibit all transactions in all property and interests in
property of the person if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(6) Visa ineligibility.--In the case of a person that is an
alien, the President may direct the Secretary of State to deny
a visa to, and the Secretary of Homeland Security to exclude
from the United States, the person, subject to regulatory
exceptions to permit the United States to comply with the
Agreement between the United Nations and the United States of
America regarding the Headquarters of the United Nations and
other applicable international obligations.
SEC. 405. WAIVERS.
(a) General Waiver Authority.--The President may waive the
application of section 402 or 403 to a person or category of persons
for a period of 180 days, and may renew the waiver for additional
periods of not more than 180 days, if the President determines and
reports to the appropriate congressional committees every 180 days that
the waiver is in the vital national security interests of the United
States.
(b) Waiver for Humanitarian Needs.--The President may waive the
application of section 403 to a person for a period of not more than
180 days, and may renew the waiver for additional periods of not more
than 180 days, if the President determines and reports to the
appropriate congressional committees every 180 days that the waiver is
to necessary to permit the person to conduct or facilitate a
transaction that is necessary to meet humanitarian needs of the people
of Syria.
(c) Form.--Each report submitted under subsection (a) or (b) shall
be submitted in unclassified form but may include a classified annex.
SEC. 406. SENSE OF CONGRESS ON SANCTIONS.
It is the sense of Congress that the President should work closely
with allies of the United States to obtain broad multilateral support
for countries to impose sanctions that are equivalent to the sanctions
set forth in this title under the laws of those countries.
TITLE V--INCREASED SUPPORT FOR THE OPPOSITION
SEC. 501. LETHAL AND INCREASED NON-LETHAL SUPPORT FOR THE VETTED
OPPOSITION.
(a) Authorization To Provide Lethal and Increased Non-Lethal
Assistance to Vetted Elements of the Syrian Opposition.--Subject to
subsection (b), the President is authorized, notwithstanding any other
provision of law that restricts military, non-military, or economic
assistance to Syria, to provide defense articles, defense services, and
military training to specific members of the Syrian Supreme Military
Council, particular units of the Free Syrian Army, and other Syrian
entities opposed to the government of Bashar al-Assad, with funds made
available for foreign assistance.
(b) Notification.--Not later than 15 days before obligating funds,
otherwise providing any assistance, or otherwise making any commitment
to provide the assistance described in subsection (a), the President
shall submit to the appropriate congressional committees--
(1) a certification that--
(A) assistance to any individual, unit, or entities
will be provided consistent with section 620M of the
Foreign Assistance Act of 1961 (22 U.S.C. 2378d);
(B) the individual to whom assistance is being
provided or is planned to be provided, or leader or
leaders of any unit or entity, including all senior
members of such unit or entity, to which assistance is
being provided or is planned to be provided, are, based
on the information available to the United States
Government--
(i) not an organization or person that has
been designated, or is affiliated with any
organization or person that has been
designated, as a foreign terrorist organization
pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) or a
``Specially Designated Global Terrorist''
pursuant to Executive Order 13224 (66 Fed. Reg.
49079);
(ii) committed to rejecting terrorism and
extremist ideologies;
(iii) opposed to the carrying out of
sectarian violence and revenge killings;
(iv) committed to civilian rule, including
subordinating the military to civilian
authority, and the rule of law for Syria;
(v) committed to cooperating with
international counterterrorism and
nonproliferation efforts; and
(vi) supporting regional stability and
avoiding interference in the affairs of
neighboring countries;
(C) any military education and training should
include information and training on appropriate
leadership and command skills, protection of critical
infrastructure, observance of and respect for
applicable laws of armed conflict, respect for the rule
of law, and the importance of civilian control of the
military, and, when appropriate, on securing chemical
weapons sites and other important sites; and
(D) assistance provided under this section to any
specific individual or entity shall immediately be
terminated if the United States Government receives
information that indicates that the individual or
entity is not in compliance with the terms laid out in
subparagraph (B); and
(2) a written policy justification, budget, execution plan
and timeline, and anticipated completion date for the planned
activity.
(c) Restriction on Anti-Aircraft Defensive Systems.--
(1) In general.--Except as provided under paragraph (2), no
anti-aircraft defensive systems may be transferred as part of
the assistance authorized under this section.
(2) Waiver.--The President may waive the restriction under
paragraph (1) if--
(A) it is in the vital national security interest
to do so;
(B) the President notifies Congress not later than
15 days before exercising such waiver;
(C) not later than 15 days before exercising such
waiver, the President transmits to the appropriate
congressional committees a report described in
subsection (e), together with the certification
required under subsection (b)(1) specifically with
respect to anti-aircraft defensive systems;
(D) the President certifies that--
(i) the systems provided have been equipped
with appropriate tracking, disabling, or anti-
tamper devices; or
(ii) effective end use monitoring,
including appropriate disposition of systems,
is in place; and
(E) the President certifies that the United States
has consulted with regional allies regarding the
systems provided.
(d) Code of Conduct.--The United States Government shall encourage
any entity receiving assistance pursuant to subsection (a) to commit to
a code of conduct that includes respect for applicable laws of armed
conflict, respect for the rule of law, and a commitment to refrain from
sectarian violence and revenge killings.
(e) Reporting Requirement.--In the event that the President
exercises the authority in subsection (a), the President shall submit
to the appropriate congressional committees every 90 days thereafter
until such time as the authority is no longer being exercised, a
detailed report on--
(1) the education, training or assistance provided;
(2) the vetting conducted to satisfy the certification
requirement in subsection (b)(1);
(3) steps taken to encourage the development of a code of
conduct outlined in subsection (c);
(4) an assessment of the current military capacity of
opposition forces receiving assistance;
(5) an assessment of the ability of opposition forces
inside and outside of Syrian to establish military activities
impacting Syria, together with a practicable timetable for
accomplishing these objectives;
(6) an assessment of the ability of opposition groups to
establish effective military control over Syria; and
(7) a description of the financial and materiel resources
currently available to opposition forces.
(f) Sunset Provision.--Unless specifically renewed, the authority
described in subsection (a) shall terminate on September 30, 2015.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported with amendments favorably.
Committee on Foreign Relations. Reported by Senator Menendez with amendments. With written report No. 113-79.
Committee on Foreign Relations. Reported by Senator Menendez with amendments. With written report No. 113-79.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 147.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line