Sec. 1209. AUTHORITY TO PROVIDE ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS
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## SEC. 1209 AUTHORITY TO PROVIDE ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS ###
(a)In General The Secretary of Defense is authorized, in coordination with the Secretary of State, to provide assistance, including training, equipment, supplies, stipends, construction and repair of training and associated facilities or other facilities necessary to meet urgent military operational requirements of a temporary nature and sustainment to appropriately vetted Syrian groups and individuals through December 31, 2026, for the following purposes: ####
(1)Defending the Syrian people from attacks by the Islamic State of Iraq and Syria. ####
(2)Securing territory formerly controlled by the Islamic State of Iraq and Syria. ####
(3)Protecting the United States and its partners and allies from the threats posed by the Islamic State of Iraq and Syria, al Qaeda, and associated forces in Syria. ####
(4)Providing appropriate support to vetted Syrian groups and individuals to conduct temporary and humane detention and repatriation of Islamic State of Iraq and Syria foreign terrorist fighters in accordance with all laws and obligations related to the conduct of such operations, including, as applicable— #####
(A)the law of armed conflict; #####
(B)internationally recognized human rights; #####
(C)the principle of non-refoulement; #####
(D)the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and #####
(E)the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). ###
(b)Notice Before Provision of Assistance ####
(1)In general In accordance with the requirements under paragraph (2), the Secretary of Defense shall notify the congressional defense committees in writing of the use of the relevant authority to provide assistance and include the following: #####
(A)The requirements and process used to determine appropriately vetted recipients, including any modifications made to the vetting process in order to determine whether Syrian groups or individuals associated with the Government of Syria are eligible recipients. #####
(B)The mechanisms and procedures that will be used to monitor and report to the appropriate congressional committees and leadership of the House of Representatives and Senate on unauthorized end-use of provided training and equipment or other violations of relevant law by appropriately vetted recipients. #####
(C)The amount, type, and purpose of assistance to be funded and the recipient of the assistance. #####
(D)The goals and objectives of the assistance. #####
(E)The number and role of United States Armed Forces personnel involved. #####
(F)Any other relevant details. ####
(2)Timing of required notice A notice described in paragraph
(1)shall be required— #####
(A)not later than 15 days before the expenditure of each 25 percent of the total amount authorized to be appropriated in any fiscal year under this section; or #####
(B)not later than 48 hours after such an expenditure, if the Secretary determines that extraordinary circumstances that affect the national security of the United States exist. ###
(c)Form The notifications required under subsection
(b)shall be submitted in unclassified form but may include a classified annex. ###
(d)Quarterly Progress Reports ####
(1)In general Beginning on January 15, 2020, and every 90 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees and leadership of the House of Representatives and the Senate a progress report. ####
(2)Matters to be included Each progress report under paragraph
(1)shall include, based on the most recent quarterly information, the following: #####
(A)A description of the appropriately vetted recipients receiving assistance under subsection (a), including a description of their geographical locations, demographic profiles, political affiliations, and current capabilities. #####
(B)A description of training, equipment, supplies, stipends, and other support provided to appropriately vetted recipients under subsection
(a)and a statement of the amount of funds expended for such purposes during the period covered by the report. #####
(C)Any misuse or loss of provided training and equipment and how such misuse or loss is being mitigated. #####
(D)An assessment of the recruitment, throughput, and retention rates of appropriately vetted recipients. #####
(E)An assessment of the operational effectiveness of appropriately vetted recipients in meeting the purposes specified in subsection (a). #####
(F)A description of the current and planned posture of United States forces and the planned level of engagement by such forces with appropriately vetted recipients, including the oversight of equipment provided under this section and the activities conducted by such appropriately vetted recipients. #####
(G)A detailed explanation of the relationship between appropriately vetted recipients and civilian governance authorities, including a description of efforts to ensure appropriately vetted recipients are subject to the control of competent civilian authorities. #####
(H)A description of United States Government stabilization objectives and activities carried out in areas formerly controlled by the Islamic State of Iraq and Syria, including significant projects and funding associated with such projects. #####
(I)A description of coalition contributions to the purposes specified in subsection
(a)and other related stabilization activities. #####
(J)With respect to Islamic State of Iraq and Syria foreign terrorist fighters— ######
(i)an estimate of the number of such individuals being detained by appropriately vetted Syrian groups and individuals; ######
(ii)an estimate of the number of such individuals that have been repatriated and the countries to which such individuals have been repatriated; and ######
(iii)a description of United States Government support provided to facilitate the repatriation of such individuals. #####
(K)An assessment of the extent to which appropriately vetted Syrian groups and individuals have enabled progress toward establishing inclusive, representative, accountable, and civilian-led governance and security structures in territories liberated from the Islamic State of Iraq and Syria. ###
(e)Definitions For purposes of this section, the following definitions shall apply: ####
(1)The term “appropriately vetted” means, with respect to Syrian groups and individuals, at a minimum— #####
(A)assessments of such elements, groups, and individuals for associations with terrorist groups, Islamist extremist organizations, Shia militias, proxy forces, or groups otherwise associated with the Government of Iran. Such groups include the IslamicState of Iraq and Syria, al-Qaeda and associated and successor groups, and Hezbollah; and #####
(B)a commitment from such elements, groups, and individuals to promoting the respect for human rights and the rule of law. ####
(2)The term “appropriate congressional committees” means— #####
(A)the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and #####
(B)the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate. ###
(f)Restriction on Scope of Assistance in the Form of Weapons ####
(1)In general The Secretary may only provide assistance in the form of weapons pursuant to the authority under subsection
(a)if such weapons are small arms or light weapons. ####
(2)Waiver The Secretary may waive the restriction under paragraph
(1)upon certification to the appropriate congressional committees that such provision of law would (but for the waiver) impede national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of assistance. ###
(g)Authority to Accept Contributions The Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments to provide assistance as authorized by this section, at the end of the 15-day period beginning on the date the Secretary notifies the congressional defense committees of the amount, source, and intended purpose of such contributions. Any funds so accepted by the Secretary shall be credited to appropriations for the appropriate accounts. ###
(h)Construction of Authorization Nothing in this section shall be construed to constitute a specific statutory authorization for the introduction of United States Armed Forces into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. ###
(i)War Powers Resolution Matters Nothing in this section supersedes or alters the continuing obligations of the President to report to Congress pursuant to section 4 of the War Powers Resolution (50 U.S.C. 1543) regarding the use of United States Armed Forces abroad. ###
(j)Waiver Authority For purposes of the provision of assistance pursuant to subsection (a), the President may waive any provision of law if the President determines that such provision of law would (but for the waiver) impede national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of such assistance. Such waiver shall not take effect until 30 days after the date on which the President notifies the appropriate congressional committees of such determination and the provision of law to be waived. ###
(k)Assistance to Third Countries in Provision of Assistance The Secretary may provide assistance to third countries for purposes of the provision of assistance authorized under this section. ###
(l)Limitation on Cost of Construction and Repair Projects ####
(1)In general The cost of construction and repair projects carried out under this section may not exceed, in any fiscal year— #####
(A)$6,000,000 per project; or #####
(B)$20,000,000 in the aggregate. ####
(2)Foreign contributions The limitation under paragraph
(1)shall not apply to the expenditure of foreign contributions in excess of the per-project or aggregate limitation set forth in that paragraph. ####
(3)Waiver authority #####
(A)Authority of president The President may waive the limitation under paragraph (1)(A) on a per project basis for the purposes of providing support authorized under subsection (a)(4) if the President— ######
(i)determines that the waiver is in the national security interest of the United States; and ######
(ii)submits to the appropriate congressional committees a notification of the exercise of the waiver. #####
(B)Authority of secretary of defense ######
(i)In general The Secretary of Defense may further adjust the total cost of a project subsequent to a waiver by the President of the limitation under paragraph (1)(A) if— ######
(I)such total cost does not exceed the sum of— ######
(aa)the cost estimate for the project as required by subparagraph (C)(ii)(I) that is included in the notification submitted by the President pursuant to such waiver; and ######
(bb)the amount that is 50 percent of such cost estimate; and ######
(II)the Secretary submits to the appropriate congressional committees a notification of the exercise of the adjustment. ######
(ii)Scope The Secretary may modify the scope of a project subsequent to a waiver by the President of the limitation under paragraph (1)(A) if the Secretary submits to the appropriate congressional committees a notification of the exercise of the modification. #####
(C)Notice and wait ######
(i)In general A project with respect to which the exercise of a waiver under subparagraph
(A)applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by subparagraph (A)(ii). A project with respect to which the exercise of a further adjustment to the total cost of the project under subparagraph (B)(i) applies or with respect to which the exercise of a modification to the scope of the project under subparagraph (B)(ii) applies may only be carried out after the end of a 15-day period beginning on the date on which the appropriate congressional committees receive the notification required by subparagraph (B)(i) or (B)(ii), as the case may be. ######
(ii)Matters to be included The notification required by subparagraph (A)(ii), (B)(i), or (B)(ii) shall include the following: ######
(I)A detailed plan and cost estimate for the project. ######
(II)A certification by the President that facilities and activities relating to the project comply with— ######
(aa)the law of armed conflict; ######
(bb)internationally recognized human rights; ######
(cc)the principle of non-refoulement; ######
(dd)the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and ######
(ee)the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). ######
(III)An explanation of the national security interest addressed by the project. ######
(iii)Appropriate congressional committees defined In this subparagraph, the term “appropriate congressional committees” means— ######
(I)the congressional defense committees; and ######
(II)the Committee on Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. #####
(D)Update to plan and cost estimate Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under subparagraph
(A)applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by subparagraph (B)(ii)(I). #####
(E)Sunset The waiver and other authorities under this paragraph shall expire on the date specified in the matter preceding paragraph
(1)of subsection (a). ###
(m)Approval and Notice Before Certain Construction and Repair Projects ####
(1)Approval A construction or repair project costing more than $1,000,000 may not be carried out under this section unless approved in advance by the Commander of the United States Central Command. ####
(2)Notice When a decision is made to carry out a construction or repair project to which paragraph
(1)applies, the Commander of the United States Central Command shall notify in writing the appropriate committees of Congress of that decision, including the justification for the project and the estimated cost of the project. The project may be carried out only after the end of the 21-day period beginning on the date the notification is received by the committees or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code. ###
(n)Limitation on Use of Funds Funds made available to carry out this section may not be used to provide assistance pursuant to subsection (a)— ####
(1)to any entity that is not an appropriately vetted Syrian group or individual; or ####
(2)to forces associated with any other government or nation.
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Sec. 1209
AUTHORITY TO PROVIDE ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS
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