

Proposed Train and Equip Authorities for
Syria: In Brief
Christopher M. Blanchard
Specialist in Middle Eastern Affairs
Amy Belasco
Specialist in U.S. Defense Policy and Budget
September 16, 2014
Congressional Research Service
7-5700
www.crs.gov
R43727
Proposed Train and Equip Authorities for Syria: In Brief
Contents
Introduction ...................................................................................................................................... 1
Chronology of Proposals and Legislation ................................................................................. 2
Elements of the Debate .................................................................................................................... 3
Does the President “need” a new authority from Congress to provide the proposed
assistance? .............................................................................................................................. 3
What are the differences in the authorities that current proposals would provide? ......................... 3
Scope of Authority ..................................................................................................................... 4
Stated Purposes of U.S. Assistance ........................................................................................... 4
Limits on the Availability and/or Sources of Funds to Carry out Proposed Authorities ............ 6
Definitions of Vetting Requirements ......................................................................................... 6
Required Interagency Process ................................................................................................... 7
Terms for Implementation Notification and Reporting of Oversight Information to
Congress ................................................................................................................................. 7
Terms Related to Authorization for the Use of Military Force .................................................. 8
Sunset Provisions....................................................................................................................... 8
Tables
Table 1. Comparison of Select “Train and Equip” Proposals for Vetted Syrians ............................ 9
Contacts
Author Contact Information........................................................................................................... 17
Congressional Research Service
Proposed Train and Equip Authorities for Syria: In Brief
Introduction
The President’s requests for authority and funding for the Department of Defense to provide overt
assistance, including possible military training and weapons, to vetted members of the Syrian
opposition and other vetted Syrians for select purposes are the subject of close congressional
consideration. This report introduces these proposals and the analysis and table below explore
similarities and differences among some of these proposals.
The analysis specifically focuses on the Administration’s September 2014 request to Congress
and the so-called “McKeon Amendment” currently under consideration in Congress. On
September 15, the House Rules Committee approved consideration of an amendment introduced
by Representative Howard “Buck” McKeon (hereinafter the McKeon Amendment)1 to the
proposed FY2015 continuing resolution (H.J.Res. 124) that represents a counterproposal to the
President’s revised request for assistance authority.
Both the Administration’s revised request and the McKeon amendment would provide explicit
new authority for the Secretary of Defense to overtly train and equip vetted Syrians to defend the
Syrian people from attacks by the Islamic State organization (IS, aka ISIL/ISIS). Such authority is
currently not available according to the Administration.
The two versions differ in significant ways.
• The McKeon amendment may provide somewhat broader authority to provide
“assistance, including training, equipment, supplies, and sustainment,” to vetted
Syrians for stated purposes.
• The Administration’s version envisions broader purposes for assistance that
include not only assistance to defend Syrians from IS attacks but also against
attacks by the Syrian government.
• Neither proposal includes funding for this assistance but the McKeon
Amendment would permit the Department of Defense to tap any funds
designated for Overseas Contingency Operations while the Administration would
limit funds to Operation and Maintenance accounts of the services or defense
agencies.
• The McKeon Amendment provides a definition of vetting criteria and requires
reporting on vetting procedures whereas the Administration’s proposal does not.
• The McKeon Amendment provides that the Department of Defense “coordinate”
with the Department of State whereas the Administration’s requires State’s
“concurrence” (i.e., agreement) on assistance.
• Both proposals would require 15-day advance notification before providing
assistance, and the McKeon Amendment also would require an implementation
plan, a presidential strategy, and progress reporting every 90 days.
1 Available at: http://www.rules.house.gov/amendments/MCKEON021915141612381238.pdf.
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Proposed Train and Equip Authorities for Syria: In Brief
• The McKeon Amendment states that its provisions shall not be “construed to
constitute a specific statutory authorization for the introduction of the United
States Armed Forces into hostilities or into situations wherein hostilities are
clearly indicated by the circumstances.”
• The McKeon Amendment authority would expire on December 11, 2014 when
the CR ends or upon enactment of the FY2015 National Defense Authorization
Act, whichever comes first. The Administration proposal could extend to the end
of the fiscal year.
For more information on the Islamic State crisis and U.S. policy, see CRS Report R43612, The
“Islamic State” Crisis and U.S. Policy, by Kenneth Katzman et al., and CRS Report RL33487,
Armed Conflict in Syria: Overview and U.S. Response, coordinated by Christopher M. Blanchard.
Chronology of Proposals and Legislation
• In 2013, legislation was introduced in both houses of Congress (H.R. 1327 and S. 960)
and considered by the Senate Foreign Relations Committee (S. 960) that would have
provided authority subject to conditions for the U.S. government to provide similar
assistance.
• In June 2014, the Senate Armed Services Committee reported its version of the Fiscal
Year (FY) 2015 Defense Authorization bill, S. 2410, which would have provided a
comparable, conditional authority, and, later that month, the Obama Administration
requested related so-called “train and equip” authority and funding as part of its Overseas
Contingency Operations (OCO) request to Congress for FY2015.
• Senate Appropriations Committee members debated and approved a version of “train and
equip” authority for Syrians in July 2014 in their reported version of the FY2015 Defense
Appropriations bill (H.R. 4870 RS). The House-enacted version of the bill does not
include such authority.
• In September, the Obama Administration revised its request to Congress to reflect its new
proposals for “degrading and defeating” the “Islamic State” (IS, also known as ISIL or
ISIS) organization in Iraq and Syria.
• On September 15, Representative Howard “Buck” McKeon introduced an amendment
(hereinafter the McKeon Amendment)2 to the proposed FY2015 continuing resolution
(H.J.Res. 124) that represents a counterproposal to the President’s revised request for
assistance authority.
2 Available at: http://www.rules.house.gov/amendments/MCKEON021915141612381238.pdf.
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Proposed Train and Equip Authorities for Syria: In Brief
Elements of the Debate
Does the President “need” a new authority from Congress to
provide the proposed assistance?
On September 16, Secretary of Defense Chuck Hagel said “DOD does not currently have the
authority to conduct a train and equip mission” for vetted Syrians. On September 15,
Representative Mac Thornberry presented a statement from House Armed Services Committee
Chairman Howard “Buck” McKeon, the author of the McKeon Amendment, before the House
Rules Committee. Thornberry said that, according to McKeon, the provision of specific authority
in response to the President’s request is necessary, because “none of the existing Department of
Defense authorities in law fit the conditions requested by the President—to train and equip non-
government entities fighting in non-U.S. led operations.”3 Almost all existing Department of
Defense authorities to provide overt security assistance to U.S. partners abroad require that such
assistance be provided on a government-to-government basis. Exceptions include activities
authorized by Section 1208 of the FY2005 National Defense Authorization Act (P.L. 108-375) as
amended, which authorizes the provision of up to $50 million in U.S. assistance to “foreign
forces, irregular forces, groups, or individuals” that assist or facilitate U.S. counterterrorism-
related special operations.4
In this case, since the President is proposing to provide an unspecified but potentially large
amount of U.S. assistance to specific non-state actors—vetted Syrian opposition members and
other vetted Syrians—in operations that may arguably be viewed as non-U.S. led, and without a
stated end date or spending limit, the Administration views security assistance as necessary. The
Administration also may be seeking new authority for practical reasons. As discussed below, the
Administration’s stated purposes for the requested authority extend beyond strict counterterrorism
purposes. An existing authority such as Section 1208 would require U.S. leadership of operations
and would not provide corresponding funding authority sufficient to support the scope of
activities envisioned under the Administration’s current request. Moreover, given the range of
public views on the Syria conflict, and the fact that the proposed authority is without precedent in
the Syria context and its potential and largely unknowable implications for regional and global
security, the executive branch may wish to obtain explicitly broad congressional support for its
plans.
What are the differences in the authorities that
current proposals would provide?
Various proposals under consideration in Congress would authorize and fund assistance to vetted
Syrian opposition elements and other vetted Syrians for different purposes and on different terms
(see Table 1 below). The most substantive differences in these proposals relate to:
3 Video available at: http://www.c-span.org/video/?321476-1/house-rules-committee-markup-continuing-resolution
4 The United States provides security assistance to the Palestinian Authority under State Department authorities and
funding.
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Proposed Train and Equip Authorities for Syria: In Brief
• the scope of authorities granted;
• the stated purposes of assistance;
• limits on the availability or sources of funds to carry out any granted authorities;
• definitions of vetting requirements;
• required interagency processes;
• terms related to authorization for the use of military force; and,
• terms for the notification and reporting of oversight information to Congress.
Scope of Authority
• The Administration requested authority from Congress in September 2014 “to
provide assistance, including the provision of defense articles and defense
services, to, appropriately vetted elements of the Syrian opposition and other
appropriately vetted Syrian groups or individuals.”
• The “McKeon Amendment” to H.J.Res. 124 would authorize the Secretary of
Defense, in coordination with the Secretary of State, “to provide assistance,
including training, equipment, supplies, and sustainment” to the same entities.
It is unclear whether the McKeon Amendment’s specific illustrative description of what U.S.
assistance may include is intended to be broader or more restrictive than the Administration’s
request for authority to provide assistance including “defense articles and services.” The latter is a
term most closely associated with some existing U.S. law governing the sale of U.S.-origin
weaponry and the provision of security assistance abroad.5 The former could be construed to be a
subset of the latter, or vice versa, but the McKeon Amendment as introduced does not further
define those terms. In a statement to the House Rules Committee on September 15,
Representative Mac Thornberry defined “sustainment” as potentially including ammunition and
tactical intelligence information for any trained forces. It is possible that sustainment could be
construed to include other types of assistance as well.
Secretary of Defense Chuck Hagel told the Senate Armed Service Committee on September 16,
2014, that “the package of assistance that we initially provide would consist of small arms,
vehicles, and basic equipment like communications, as well as tactical and strategic training. As
these forces prove their effectiveness on the battlefield, we would be prepared to provide
increasingly sophisticated types of assistance to the most trusted commanders and capable
forces.”
Stated Purposes of U.S. Assistance
The Administration’s request envisions U.S. assistance to Syrian entities in order to defend
Syrians against attacks by two potential adversaries: the Islamic State and the government of
Bashar al Asad. It would not require the prioritization of assistance to defend Syrians from one
adversary relative to the other. However, Chairman of the Joint Chiefs of Staff General Martin
5 See Foreign Assistance Act of 1961 as amended, Sections 644(d) and 644(f); and, 22 U.S.C. 2403(d) and (f).
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Proposed Train and Equip Authorities for Syria: In Brief
Dempsey’s September 16 testimony before the Senate Armed Services Committee included
references to “an ISIL-first strategy.”
As described below, the McKeon Amendment would not include defense of the Syrian people
from government attacks as a purpose of assistance and states a more limited purpose for
assistance with regard to opposition-controlled territory.
• The Administration’s September 2014 request seeks “train and equip” authority
for three sets of purposes.
1. “defending the Syrian people from attacks by the Islamic State of Iraq and
the Levant and the Syrian regime; facilitating the provision of essential
services; and, stabilizing territory controlled by the opposition”;
2. “protecting the United States, its friends and allies, and the Syrian people
from the threats posed by terrorists in Syria; and,
3. promoting the conditions for a negotiated settlement to end the conflict in
Syria.”
• The McKeon Amendment to H.J.Res. 124 does not include the defense of
Syrians from attacks by the Asad government as a purpose of U.S. assistance.
The amendment focuses on the provision of U.S. assistance for the defense of the
Syrian people from attacks by the Islamic State.
• The amendment would not authorize assistance to stabilize territory or facilitate
service provision. Instead it would authorize assistance to for “securing territory
controlled by the opposition.”
• The McKeon Amendment also would authorize assistance for the purposes of
protecting the United States, its friends and allies, and the Syrian people from the
threats posed by terrorists in Syria; and, for “promoting the conditions for a
negotiated settlement to end the conflict in Syria.”
Neither proposal specifies the kinds of attacks against which Syrians should be defended. Syrians
can be targeted in attacks using small arms, artillery, armored forces, air bombardment, and
terrorist tactics by different actors on a daily basis.
Neither proposal defines “conditions for a negotiated settlement to end the conflict in Syria.” In
broad terms, the Administration argues that pressure must be brought to bear on the government
of Bashar al Asad in order to convince its leaders to negotiate a settlement to the conflict that
would result in their departure from office. Administration officials have not publicly described
the precise nature of such intended pressure, the specific terms of its application, or potential
measures of its success in achieving its related strategic ends.
Neither proposal explicitly states that the departure of Bashar al Asad or members of his
government is an essential condition for a negotiated settlement.
An assistance program explicitly intended not only to defend Syrians from attack, but to also
assist in the stabilization of and provision of essential services in territory under opposition
control may be of much broader scope, cost, or duration than a program intended to defend
Syrians from attack and secure territory under opposition control. Programs designed for different
purposes may present different risks and rewards. Also, the scope of territory could conceivably
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Proposed Train and Equip Authorities for Syria: In Brief
expand or contract to include more or less of Syria than at present with follow-on effects on
potential costs to the United States.
One could reasonably expect some Syrian opposition forces to prefer a broader scope for a
proposed expansion of U.S. assistance. However, some Syrian groups may reject deeper U.S.
involvement and prefer that the United States limit its focus to toppling the Asad government
rather than pursuing counterterrorism, security, stability, and/or quality of life concerns.
Limits on the Availability and/or Sources of Funds to Carry out
Proposed Authorities
In June 2014, the Administration’s request for authority and funding for a “train and equip”
program for Syrians was presented as a component of the Administration’s broader request for $4
billion in Overseas Contingency Operations-designated Department of Defense Operation and
Maintenance funding for a proposed “Counterterrorism Partnerships Fund.” An Administration
description of the intended use of the requested funds submitted at the time suggested that $500
million of the requested funds would be used for an assistance program for vetted Syrians, for
which specific authority was sought.
In July 2014, the Senate Appropriations Committee reported its version of the FY2015 Defense
Appropriations bill (H.R. 4870), setting a $500 million cap on the authority it provided for a
Syria-specific “train and equip” program. The committee further defined the source of the
authorized funds as the OCO-designated “Operation and Maintenance, Defense-wide” account,
an individual account.
The Administration’s September 2014 request for authority did not seek specific funding and did
not make reference to a $500 million cap or any specific spending limit. It would allow DOD to
tap any OCO-designated Operation and Maintenance funds for any of the services or defense
agencies made available by H.J.Res. 124 or any other act enacted during the period of the
authority in order to implement the proposed program.
The McKeon Amendment would not place a dollar limit on the cost of the authorized program. It
would authorize the Department of Defense to submit reprogramming requests to the four
congressional defense committees to fund assistance programs in support of the authority’s stated
purposes. Funds could be drawn from any OCO-designated Department of Defense accounts
including both Operation and Maintenance and Procurement funds made available pursuant to
H.J.Res. 124.
Definitions of Vetting Requirements
The Administration’s June and September 2014 requests for authority to provide assistance
require vetting of Syrians, but do not include definitions of vetting procedures or vetting criteria.
The McKeon Amendment defines “appropriately vetted” to mean that, “at a minimum” the
executive branch will conduct assessments of proposed recipients’ associations with: “terrorist
groups, Shia militias aligned with or supporting the Government of Syria, and groups associated
with the Government of Iran. Such groups include, but are not limited to, the Islamic State of Iraq
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Proposed Train and Equip Authorities for Syria: In Brief
and the Levant (ISIL), Jabhat al Nusrah, Ahrar al Sham, and other al-Qaeda related groups, and
Hezbollah.”
The McKeon Amendment also requires the Administration to report to Congress on procedures
and criteria for vetting at least 15 days prior to the first provision of authorized assistance. It
further requires reporting every 90-days on the progress of authorized assistance, to include any
changes in program operations (which presumably includes vetting procedures) and any misuse
of U.S. assistance.
Required Interagency Process
Both the Administration’s September 2014 request and the McKeon Amendment would grant
authority to the Secretary of Defense to carry out authorized activities to provide assistance to
vetted Syrians for the purposes stated in the respective proposals. Whereas the Administration’s
request would require the concurrence (i.e., approval) of the Secretary of State for the use of the
proposed authority, the McKeon Amendment would require the Secretary of Defense to
coordinate with the Secretary of State in implementation and reporting to Congress, presumably a
less constraining direction. However, in practice, the Secretary of Defense might seek and obtain
the concurrence of the Secretary of State and other leading officials prior to the initiation of such
a program, irrespective of congressional direction.
Terms for Implementation Notification and Reporting of Oversight
Information to Congress
The Administration’s September 2014 request and the McKeon Amendment differ about:
• the content of required reporting;
• responsibility for providing such reporting; and,
• the terms of such reporting, to include time intervals and recipients.
The Administration request would require the Secretary of Defense to provide the four
congressional defense committees “15 days prior to initiating a program to transfer
defense articles or provide defense services” a report describing “the details and
objectives of such program, including the goals of the program, a concept of operations,
the amount of assistance to be provided, the cooperation of partner nations, the number of
United States Armed Forces personnel involved, and other relevant details.”
The McKeon Amendment would require more reporting to Congress both prior to the use of any
“train and equip” authority and once such authority is in use. Specifically, in addition to a 15-day
advance notice of the intended provision of authorized assistance, the McKeon Amendment
would require the submission of both an implementation plan and an overarching strategy
describing how the assistance program relates to other U.S. objectives and activities.
The Secretary of Defense is required to submit an implementation plan 15 days prior to providing
any assistance and in coordination with the Secretary of State. In addition, the President is to
submit a strategy by an unspecified date. The McKeon Amendment, presumably for so long as
such authority is in use, would require progress reports every 90 days.
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Proposed Train and Equip Authorities for Syria: In Brief
In the McKeon Amendment, the House and Senate Committees on Armed Services, Foreign
Affairs/Relations, Intelligence, and Appropriations would receive the implementation plan,
presidential strategy and progress reports.
To obtain funds DOD would have to submit (and presumably receive approval) requests to
reprogram funds under both the Administration’s revised request and the McKeon Amendment.
DOD reprograming must be approved in writing by the four congressional defense committees
(Armed Services and Appropriations) under DOD regulations.
Terms Related to Authorization for the Use of Military Force
Because the Obama Administration believes that it already has authorities for the use of force
(e.g., the 2001 AUMF), it did not request that authority in Iraq or in Syria in support of its plans
to degrade and destroy the Islamic State organization.
The McKeon Amendment states that nothing in its terms should be construed to constitute a
statutory authorization for the introduction of U.S. Armed Forces into “hostilities” or
circumstances that could be considered “hostilities” as defined pursuant to the War Powers
Resolution. During, the 2011 debate over the authorization of U.S. military operations in Libya,
the Obama Administration argued that U.S. military operations did not constitute “hostilities” for
specific reasons. Some Members of Congress disagreed with the Administration’s arguments in
that regard.
Sunset Provisions
The Administration’s September request sought authority until either the enactment of the
FY2015 National Defense Authorization Act (NDAA) or September 30, 2015, whichever is first.
The authority that would be granted by the McKeon Amendment would expire on December 11,
2014 (the end date in H.J.Res. 124), or the enactment of the FY2015 NDAA, whichever is earlier.
Funding would also need to be made available through another continuing resolution or final
enactment of the FY2015 NDAA.
Under the Administration’s language, this train and equip authority would be in effect until the
enactment of the FY2015 NDAA or September 30, 2015, the end of the fiscal year. The McKeon
Amendment would end the authority on December 11, 2014, the end of H.J.Res. 124, unless the
enacted FY2015 NDAA includes this authority.
Related provisions in these bills and others are described in more detail in the table below.
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Table 1. Comparison of Select “Train and Equip” Proposals for Vetted Syrians
Senate
Senate Armed
Appropriations
House-
Services
House-Passed
Committee-
Passed
Committee-
FY2015
FY2015 OCO
Reported FY2015
Revised
McKeon Amendment
FY2015
Reported FY2015
Defense
Request
Defense
Administration
to H.J.Res. 124
NDAA (H.R.
Appropriation
Request for CR
4435)
NDAA (Section
(H.R. 4870)
Appropriations
1209 of S. 2410)
(Section 9015 of H.R.
4870)
Authority
None
Secretary of Defense
None “Notwithstanding
any
Secretary of Defense
Secretary of
Secretary of Defense
with concurrence of
other provision of
authorized, with
Defense authorized, authorized “in
Secretary of State
law,” Secretary of
concurrence of
with concurrence
coordination with the
authorized “to provide
Defense authorized,
Secretary of State, “to
of Secretary of
Secretary of State to
equipment, supplies,
with concurrence of
provide assistance,
State, “to provide
provide, to appropriately
training, and defense
Secretary of State,
including the provision
assistance, including
vetted elements of the
services to assist vetted
“to provide
of defense articles and
the provision of
Syrian opposition and
elements of the Syrian
assistance, including
defense services, to
defense articles and
other appropriately
opposition”
the provision of
appropriately vetted
defense services, to
vetted Syrian groups and
defense articles and
elements of the Syrian
appropriately
individuals”
defense services, to
opposition and other
vetted elements of
appropriately vetted
appropriately vetted
the Syrian
elements of the
Syrian groups or
opposition and
Syrian opposition and
individuals”
other appropriately
other appropriately
vetted Syrian
vetted Syrian groups
groups or
or individuals”
individuals”
Interagency
None
“The Secretary of
None. Authority
requires
Authority requires
Authority requires
Authority requires
Process
Defense shall obtain
“concurrence” of
“concurrence” of
“concurrence” of
“coordination with the
the concurrence of the
Secretary of State.
Secretary of State.
Secretary of State.
Secretary of State” in
Secretary of State
general terms and on
before providing
submission of required
assistance” pursuant to
assistance plan and
authority.
required progress
reports.
CRS-9
Senate
Senate Armed
Appropriations
House-
House-Passed
Passed
Services
FY2015
Committee-
Revised
FY2015
Committee-
Defense
FY2015 OCO
Reported FY2015
Administration
McKeon Amendment
NDAA (H.R.
Reported FY2015
Appropriation
Request
Defense
Request for CR
to H.J.Res. 124
4435)
NDAA (Section
(H.R. 4870)
Appropriations
1209 of S. 2410)
(Section 9015 of H.R.
4870)
Purpose
None
“(1) Defending the
None
“(1) Defending the
“(1) Defending the
“(1) Defending the
“(1) Defending the Syrian
Syrian people from
Syrian people from
Syrian people from
Syrian people from
people from attacks by
attacks by the Syrian
attacks by the Syrian
attacks by the Syrian
attacks by the
the Islamic State of Iraq
regime.
regime, facilitating the regime, facilitating the
Islamic State of Iraq
and the Levant (ISIL), and
provision of essential
provision of essential
and the Levant and
securing territory
(2) Protecting the
services, and
services, and stabilizing
the Syrian regime,
controlled by the
United States, its
stabilizing territory
territory control ed by
facilitating the
opposition;
friends and allies, and
controlled by the
the opposition;
provision of
the Syrian people from
opposition;
essential services,
(2) Protecting the United
the threats posed by
(2) Protecting the
and stabilizing
States, its friends and
terrorists in Syria.
(2) Defending the
United States, its friends territory control ed allies, and the Syrian
United States, its
and allies, and the Syrian
people from the threats
(3) Promoting the
by the opposition;
friends and allies, and
people from threats
posed by terrorists in
conditions for a
the Syrian people
posed by terrorists in
(2) Protecting the
Syria;
negotiated settlement
from the threats
Syria;
United States, its
to end the conflict in
posed by terrorists in
friends and allies,
(3) Promoting the
Syria.”
Syria; and
(3) Promoting the
and the Syrian
conditions for a
conditions for a
people from the
negotiated settlement to
(3) Promoting the
negotiated settlement
threats posed by
end the conflict in Syria.”
conditions for a
to end the conflict in
terrorists in Syria;
negotiated settlement Syria.”
to end the conflict in
(3) Promoting the
Syria.”
conditions for a
negotiated
settlement to end
the conflict in Syria”
CRS-10
Senate
Senate Armed
Appropriations
House-
House-Passed
Passed
Services
FY2015
Committee-
Revised
FY2015
Committee-
Defense
FY2015 OCO
Reported FY2015
Administration
McKeon Amendment
NDAA (H.R.
Reported FY2015
Appropriation
Request
Defense
Request for CR
to H.J.Res. 124
4435)
NDAA (Section
(H.R. 4870)
Appropriations
1209 of S. 2410)
(Section 9015 of H.R.
4870)
Vetting
None Defines
vetted None None
“the
term
None
“the term ‘appropriately
Definitions
elements as “units of
`appropriately vetted' as
vetted’ means, with
the Free Syrian Army
used in this section shall
respect to elements of
and the Supreme
be construed to mean,
the Syrian opposition and
Military Council, and
at a minimum,
other Syrian groups and
other Syrian forces,
assessments of possible
individuals, at a minimum,
groups, or individuals
recipients for
assessments of such
opposed to the Syrian
associations with
elements, groups, and
regime” determined by
terrorist groups,
individuals for
the USG not to be U.S.
commitment to the rule
associations with terrorist
designated terrorists;
of law, opposition to
groups, Shia militias
and who reject
sectarian violence,
aligned with or supporting
terrorism, support
commitment to a
the Government of Syria,
counterterrorism and
peaceful and democratic
and groups associated
nonproliferation
Syria under civilian rule,
with the Government of
efforts; oppose
and compliance with
Iran, Such groups include,
sectarian violence and
section 8056 of this
but are not limited to, the
revenge killings; seek “a
Act.”
Islamic State of Iraq and
peaceful, pluralistic, and
the Levant (ISIL), Jabhat al
democratic Syria that
Nusrah, Ahrar al Sham,
respects the human
and other al-Qaeda
rights and fundamental
related groups, and
freedoms of all its
Hezbollah.”
citizens,” and are
committed to civilian
rule, civilian control of
the military, and the
rule of law.
CRS-11
Senate
Senate Armed
Appropriations
House-
House-Passed
Passed
Services
FY2015
Committee-
Revised
FY2015
Committee-
Defense
FY2015 OCO
Reported FY2015
Administration
McKeon Amendment
NDAA (H.R.
Reported FY2015
Appropriation
Request
Defense
Request for CR
to H.J.Res. 124
4435)
NDAA (Section
(H.R. 4870)
Appropriations
1209 of S. 2410)
(Section 9015 of H.R.
4870)
Conditions on
None None
Section
10010.
None
None
None
Requires reporting 15
Eligible
None of the
days prior to transfer on
Defense
funds made
plans for end-use
Articles or
available by this
monitoring and, inter alia,
Services
Act may be
details on intended “types
obligated or
of training, equipment,
expended to
and supplies to be
transfer man-
provided”
portable air
defense systems
(MANPADS) to
any entity in
Syria.
Sunset
None
December 31, 2018
None
December 31, 2018
The earlier of passage
The earlier of
The earlier of CR end
Provisions
of FY2015 NDAA or
passage of FY2015
date or passage of FY2015
September 30, 2015
NDAA or
NDAA.
September 30,
2015.
Funding
NA NA
None OCO-designated
OCO-designated
Any OCO-
Authorizes
Source
‘Operation and
`Operation and
designated
reprogramming of any
Maintenance,
Maintenance, Defense-
Department of
OCO-designated
Counterterrorism
wide’ Account
Defense Operation
Department of Defense
Partnerships Fund’
and Maintenance
funds made available
proposed account
funds made
pursuant to H.J.Res. 124
available by H.J.Res.
124 or any other
act.
Availability of
NA
NA
None
Three-year Funding
One-year Funding
One-year Funding
Varies by Source Account
Funds
CRS-12
Senate
Senate Armed
Appropriations
House-
House-Passed
Passed
Services
FY2015
Committee-
Revised
FY2015
Committee-
Defense
FY2015 OCO
Reported FY2015
Administration
McKeon Amendment
NDAA (H.R.
Reported FY2015
Appropriation
Request
Defense
Request for CR
to H.J.Res. 124
4435)
NDAA (Section
(H.R. 4870)
Appropriations
1209 of S. 2410)
(Section 9015 of H.R.
4870)
Spending
None None
None None.
$500 million cap, drawn
None Depends
on
Amount Limit
from within OCO-
reprogrammings
Notional $500 million designated `Operation
approved by four
figure in text
and Maintenance,
congressional defense
accompanying
Defense-wide’ Account
committees.
Counterterrorism
Partnerships
Fund/Syria Regional
Stabilization Initiative
request.
Foreign
None Authorizes
acceptance
None Authorizes Authorizes acceptance
Authorizes
Authorizes acceptance
Contributions
of contributions from
acceptance of
of contributions,
acceptance of
and retention of
and provision of
contributions from
including in-kind
contributions,
contributions, including
assistance to foreign
and provision of
assistance, from foreign
including in-kind
in-kind assistance, from
governments.
assistance to foreign
governments.
assistance, from
foreign governments.
governments.
foreign
Foreign contributions
Requires notification of
governments.
Requires notification of
may be used “until
Foreign contributions
congressional defense
congressional defense
expended.”
may be used “until
committees prior to
Requires
committees prior to
expended.”
obligation of foreign
notification of
obligation of foreign
contributions.
congressional
contributions.
defense committees
prior to obligation
Requires contributions to
of foreign
be OCO-designated
contributions.
BCA
None None
None Yes
Yes
Yes
Yes
Exemption
CRS-13
Senate
Senate Armed
Appropriations
House-
House-Passed
Passed
Services
FY2015
Committee-
Revised
FY2015
Committee-
Defense
FY2015 OCO
Reported FY2015
Administration
McKeon Amendment
NDAA (H.R.
Reported FY2015
Appropriation
Request
Defense
Request for CR
to H.J.Res. 124
4435)
NDAA (Section
(H.R. 4870)
Appropriations
1209 of S. 2410)
(Section 9015 of H.R.
4870)
Statements re: Sec. 1254
None. Section
9013:
None
Not to be “construed
None
Not to be “construed to
Authorization
prohibits the
to constitute a specific
constitute a specific
for the Use of
“Nothing in
use of funds
statutory authorization”
statutory authorization
Military Force
this Act shall
made available
for introduction of the
for the introduction of
be construed
by the act “with
United States Armed
the United States Armed
as authorizing
respect to Syria
Forces into hostilities
Forces into hostilities or
the use of
in contravention
or into situations
into situations wherein
force against
of the War
wherein hostilities are
hostilities are clearly
Syria or Iran.”
Powers
clearly indicated by the
indicated by the
Resolution (50
circumstances, in
circumstances.”
U.S.C. 1541 et
accordance with section
seq.)”
8(a)(1) of the War
Powers Resolution”
CRS-14
Senate
Senate Armed
Appropriations
House-
House-Passed
Passed
Services
FY2015
Committee-
Revised
FY2015
Committee-
Defense
FY2015 OCO
Reported FY2015
Administration
McKeon Amendment
NDAA (H.R.
Reported FY2015
Appropriation
Request
Defense
Request for CR
to H.J.Res. 124
4435)
NDAA (Section
(H.R. 4870)
Appropriations
1209 of S. 2410)
(Section 9015 of H.R.
4870)
Notification
None
Requires notice of
None
None
15 days prior to
15 days prior to
15 days prior to providing
Requirements
assistance provided and
initiating a program to
initiating a program
authorized assistance “to
foreign contributions
transfer defense articles
to transfer defense
vetted recipients for the
accepted to
or provide defense
articles or provide
first time” the Secretary
“appropriate
services as authorized
defense services as
of Defense “in
committees of
by this section, the
authorized by this
coordination with the
Congress” defined as
Secretary of Defense
section, the
Secretary of State” shall
Armed Services,
shall provide the
Secretary of
submit a report describing
Appropriations, and
congressional defense
Defense shall
the assistance plan,
Foreign
committees with a
provide the
vetting requirements and
Relations/Affairs
report describing the
congressional
procedures; and end-use
Committees.
details and objectives of
defense committees monitoring plans.
such program, including
with a report
the goals of the
describing the
Requires the President to
program, a concept of
details and
submit a report to
operations, the amount
objectives of such
appropriate congressional
of assistance to be
program, including
committees and House
provided, the
the goals of the
and Senate leadership on
cooperation of partner
program, a concept
“how such assistance fits
nations, the number of
of operations, the
within a larger regional
United States Armed
amount of
strategy,” to include
Forces personnel
assistance to be
reporting on goals and
involved, and other
provided, the
objectives, concept of
relevant details.
cooperation of
operations, roles and
partner nations, the
contributions of partners,
number of United
and the number of U.S.
States Armed
Armed Forces personnel
Forces personnel
deployed.
involved, and other
relevant details.
CRS-15
Senate
Senate Armed
Appropriations
House-
House-Passed
Passed
Services
FY2015
Committee-
Revised
FY2015
Committee-
Defense
FY2015 OCO
Reported FY2015
Administration
McKeon Amendment
NDAA (H.R.
Reported FY2015
Appropriation
Request
Defense
Request for CR
to H.J.Res. 124
4435)
NDAA (Section
(H.R. 4870)
Appropriations
1209 of S. 2410)
(Section 9015 of H.R.
4870)
Program
None
None
None
None
None
None
90 days after the
Oversight
submission of assistance
Reporting
plan by Secretary of
Requirements
Defense and each 90 days
thereafter, the Secretary
of Defense, in
coordination with the
Secretary of State, shall
provide a “progress
report” to appropriate
congressional committees
and House and Senate
leadership, to include
changes in plan, groups
receiving assistance,
recruitment and
retention, misuse or loss
of equipment, and
assessment of
effectiveness.
Appropriate
None
House and Senate
None
None
Refers to congressional
Refers to
House and Senate
Congressional
Committees on Armed
defense committees
congressional
Committees on Armed
Committees
Services, Foreign
defense committees Services, Foreign
Defined
Affairs/Relations, and
Affairs/Relations,
Appropriations
Intelligence, and
Appropriations.
Source: Legislative Information Service, Administration requests to Congress, House Rules Committee website.
CRS-16
Proposed Train and Equip Authorities for Syria: In Brief
Author Contact Information
Christopher M. Blanchard
Amy Belasco
Specialist in Middle Eastern Affairs
Specialist in U.S. Defense Policy and Budget
cblanchard@crs.loc.gov, 7-0428
abelasco@crs.loc.gov, 7-7627
Congressional Research Service
17