[House Report 108-314]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-314
======================================================================
SYRIA ACCOUNTABILITY AND LEBANESE SOVEREIGNTY RESTORATION ACT OF 2003
_______
October 15, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hyde, from the Committee on International Relations, submitted the
following
R E P O R T
[To accompany H.R. 1828]
The Committee on International Relations, to whom was
referred the bill (H.R. 1828) to halt Syrian support for
terrorism, end its occupation of Lebanon, stop its development
of weapons of mass destruction, cease its illegal importation
of Iraqi oil and illegal shipments of weapons and other
military items to Iraq, and by so doing hold Syria accountable
for the serious international security problems it has caused
in the Middle East, and for other purposes, having considered
the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Accountability and Lebanese
Sovereignty Restoration Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 20, 2001, President George Bush stated at a
joint session of Congress that ``[e]very nation, in every
region, now has a decision to make . . . [e]ither you are with
us, or you are with the terrorists . . . [f]rom this day
forward, any nation that continues to harbor or support
terrorism will be regarded by the United States as a hostile
regime''.
(2) On June 24, 2002, President Bush stated ``Syria must
choose the right side in the war on terror by closing terrorist
camps and expelling terrorist organizations''.
(3) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts'', take ``the necessary
steps to prevent the commission of terrorist acts'', and ``deny
safe haven to those who finance, plan, support, or commit
terrorist acts''.
(4) The Government of Syria is currently prohibited by United
States law from receiving United States assistance because it
has repeatedly provided support for acts of international
terrorism, as determined by the Secretary of State for purposes
of section 6(j)(1) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)) and other relevant provisions of law.
(5) Although the Department of State lists Syria as a state
sponsor of terrorism and reports that Syria provides ``safe
haven and support to several terrorist groups'', fewer United
States sanctions apply with respect to Syria than with respect
to any other country that is listed as a state sponsor of
terrorism.
(6) Terrorist groups, including Hizballah, Hamas, Palestinian
Islamic Jihad, the Popular Front for the Liberation of
Palestine, and the Popular Front for the Liberation of
Palestine-General Command, maintain offices, training camps,
and other facilities on Syrian territory, and operate in areas
of Lebanon occupied by the Syrian armed forces and receive
supplies from Iran through Syria.
(7) United Nations Security Council Resolution 520 (September
17, 1982) calls for ``strict respect of the sovereignty,
territorial integrity, unity and political independence of
Lebanon under the sole and exclusive authority of the
Government of Lebanon through the Lebanese Army throughout
Lebanon''.
(8) Approximately 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon exerting
undue influence upon its government and undermining its
political independence.
(9) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions which call for the
withdrawal of Syrian armed forces from Lebanon.
(10) On March 3, 2003, Secretary of State Colin Powell
declared that it is the objective of the United States to ``let
Lebanon be ruled by the Lebanese people without the presence of
[the Syrian] occupation army''.
(11) Large and increasing numbers of the Lebanese people from
across the political spectrum in Lebanon have mounted peaceful
and democratic calls for the withdrawal of the Syrian Army from
Lebanese soil.
(12) Israel has withdrawn all of its armed forces from
Lebanon in accordance with United Nations Security Council
Resolution 425 (March 19, 1978), as certified by the United
Nations Secretary General.
(13) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Security
Council Resolution 425, Syrian- and Iranian-supported Hizballah
continues to attack Israeli outposts at Shebaa Farms, under the
false guise that it remains Lebanese land, and Syrian- and
Iranian-supported Hizballah and other militant organizations
continue to attack civilian targets in Israel.
(14) Syria will not allow Lebanon--a sovereign country--to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
(15) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah, which
continues to attack Israeli positions, allows Iranian
Revolutionary Guards and other militant groups to operate
freely in the area, and maintains thousands of rockets along
Israel's northern border, destabilizing the entire region.
(16) On February 12, 2003, Director of Central Intelligence
George Tenet stated the following with respect to the Syrian-
and Iranian-supported Hizballah: ``[A]s an organization with
capability and worldwide presence [it] is [al Qaeda's] equal if
not a far more capable organization . . . [T]hey're a notch
above in many respects, in terms of in their relationship with
the Iranians and the training they receive, [which] puts them
in a state-sponsored category with a potential for lethality
that's quite great.''.
(17) In the State of the Union address on January 29, 2002,
President Bush declared that the United States will ``work
closely with our coalition to deny terrorists and their state
sponsors the materials, technology, and expertise to make and
deliver weapons of mass destruction''.
(18) The Government of Syria continues to develop and deploy
short- and medium-range ballistic missiles.
(19) According to the December 2001 unclassified Central
Intelligence Agency report entitled ``Foreign Missile
Developments and the Ballistic Missile Threat through 2015'',
``Syria maintains a ballistic missile and rocket force of
hundreds of FROG rockets, Scuds, and SS-21 SRBMs [and] Syria
has developed [chemical weapons] warheads for its Scuds''.
(20) The Government of Syria is pursuing the development and
production of biological and chemical weapons and has a nuclear
research and development program that is cause for concern.
(21) According to the Central Intelligence Agency's
``Unclassified Report to Congress on the Acquisition of
Technology Relating to Weapons of Mass Destruction and Advanced
Conventional Munitions'', released January 7, 2003: ``[Syria]
already holds a stockpile of the nerve agent sarin but
apparently is trying to develop more toxic and persistent nerve
agents. Syria remains dependent on foreign sources for key
elements of its [chemical weapons] program, including precursor
chemicals and key production equipment. It is highly probable
that Syria also is developing an offensive [biological weapons]
capability.''.
(22) On May 6, 2002, the Under Secretary of State for Arms
Control and International Security, John Bolton, stated: ``The
United States also knows that Syria has long had a chemical
warfare program. It has a stockpile of the nerve agent sarin
and is engaged in research and development of the more toxic
and persistent nerve agent VX. Syria, which has signed but not
ratified the [Biological Weapons Convention], is pursuing the
development of biological weapons and is able to produce at
least small amounts of biological warfare agents.''.
(23) According to the Central Intelligence Agency's
``Unclassified Report to Congress on the Acquisition of
Technology Relating to Weapons of Mass Destruction and Advanced
Conventional Munitions'', released January 7, 2003: ``Russia
and Syria have approved a draft cooperative program on
cooperation on civil nuclear power. In principal, broader
access to Russian expertise provides opportunities for Syria to
expand its indigenous capabilities, should it decide to pursue
nuclear weapons.''.
(24) Under the Treaty on the Non-Proliferation of Nuclear
Weapons (21 UST 483), which entered force on March 5, 1970, and
to which Syria is a party, Syria has undertaken not to acquire
or produce nuclear weapons and has accepted full scope
safeguards of the International Atomic Energy Agency to detect
diversions of nuclear materials from peaceful activities to the
production of nuclear weapons or other nuclear explosive
devices.
(25) Syria is not a party to the Chemical Weapons Convention
or the Biological Weapons Convention, which entered into force
on April 29, 1997, and on March 26, 1975, respectively.
(26) Syrian President Bashar Assad promised Secretary of
State Powell in February 2001 to end violations of Security
Council Resolution 661, which restricted the sale of oil and
other commodities by Saddam Hussein's regime, except to the
extent authorized by other relevant resolutions, but this
pledge was never fulfilled.
(27) Syria's illegal imports and transshipments of Iraqi oil
during Saddam Hussein's regime earned Syria $50,000,000 or more
per month as Syria continued to sell its own Syrian oil at
market prices.
(28) Syria's illegal imports and transshipments of Iraqi oil
earned Saddam Hussein's regime $2,000,000 per day.
(29) The Government of Syria also utilized the railway
network linking Mosul, Iraq, to Aleppo, Syria, to transfer a
wide range of weaponry and weapon systems to Saddam Hussein's
regime.
(30) On March 28, 2003, Secretary of Defense Donald Rumsfeld
warned: ``[W]e have information that shipments of military
supplies have been crossing the border from Syria into Iraq,
including night-vision goggles . . . These deliveries pose a
direct threat to the lives of coalition forces. We consider
such trafficking as hostile acts, and will hold the Syrian
government accountable for such shipments.''.
(31) According to Article 23(1) of the United Nations
Charter, members of the United Nations are elected as
nonpermanent members of the United Nations Security Council
with ``due regard being specially paid, in the first instance
to the contribution of members of the United Nations to the
maintenance of international peace and security and to other
purposes of the Organization''.
(32) Despite Article 23(1) of the United Nations Charter,
Syria was elected on October 8, 2001, to a 2-year term as a
nonpermanent member of the United Nations Security Council
beginning January 1, 2002, and served as President of the
Security Council during June 2002 and August 2003.
(33) On March 31, 2003, the Syrian Foreign Minister, Farouq
al-Sharra, made the Syrian regime's intentions clear when he
explicitly stated that ``Syria's interest is to see the
invaders defeated in Iraq''.
(34) On April 13, 2003, Secretary of Defense Donald Rumsfeld
charged that ``busloads'' of Syrian fighters entered Iraq with
``hundreds of thousands of dollars'' and leaflets offering
rewards for dead American soldiers.
(35) On September 16, 2003, the Under Secretary of State for
Arms Control and International Security, John Bolton, appeared
before the Subcommittee on the Middle East and Central Asia of
the Committee on International Relations of the House of
Representatives, and underscored Syria's ``hostile actions''
toward coalition forces during Operation Iraqi Freedom. Under
Secretary Bolton added that: ``Syria allowed military equipment
to flow into Iraq on the eve of and during the war. Syria
permitted volunteers to pass into Iraq to attack and kill our
service members during the war, and is still doing so . . .
[Syria's] behavior during Operation Iraqi Freedom underscores
the importance of taking seriously reports and information on
Syria's WMD capabilities.''.
(36) During his appearance before the Committee on
International Relations of the House of Representatives on
September 25, 2003, Ambassador L. Paul Bremer, III,
Administrator of the Coalition Provisional Authority in Iraq,
stated that out of the 278 third-country nationals who were
captured by coalition forces in Iraq, the ``single largest
group are Syrians''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of
terrorism, and close all terrorist offices and facilities in
Syria, including the offices of Hamas, Hizballah, Palestinian
Islamic Jihad, the Popular Front for the Liberation of
Palestine, and the Popular Front for the Liberation of
Palestine-General Command;
(2) the Government of Syria should--
(A) immediately and unconditionally stop facilitating
transit from Syria to Iraq of individuals, military
equipment, and all lethal items, except as authorized
by the Coalition Provisional Authority or a
representative, internationally recognized Iraqi
government;
(B) cease its support for ``volunteers'' and
terrorists who are traveling from and through Syria
into Iraq to launch attacks; and
(C) undertake concrete, verifiable steps to deter
such behavior and control the use of territory under
Syrian control;
(3) the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm timetable for such withdrawal;
(4) the Government of Lebanon should deploy the Lebanese
armed forces to all areas of Lebanon, including South Lebanon,
in accordance with United Nations Security Council Resolution
520 (September 17, 1982), in order to assert the sovereignty of
the Lebanese state over all of its territory, and should evict
all terrorist and foreign forces from southern Lebanon,
including Hizballah and the Iranian Revolutionary Guards;
(5) the Government of Syria should halt the development and
deployment of medium- and long-range surface-to-surface
missiles and cease the development and production of biological
and chemical weapons;
(6) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the
Government of Israel in order to realize a full and permanent
peace;
(7) the United States should continue to provide humanitarian
and educational assistance to the people of Lebanon only
through appropriate private, nongovernmental organizations and
appropriate international organizations, until such time as the
Government of Lebanon asserts sovereignty and control over all
of its territory and borders and achieves full political
independence, as called for in United Nations Security Council
Resolution 520; and
(8) as a violator of several key United Nations Security
Council resolutions and as a nation that pursues policies which
undermine international peace and security, Syria should not
have been permitted to join the United Nations Security Council
or serve as the Security Council's President, and should be
removed from the Security Council.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) Syria will be held responsible for attacks committed by
Hizballah and other terrorist groups with offices, training
camps, or other facilities in Syria, or bases in areas of
Lebanon occupied by Syria;
(2) the United States shall impede Syria's ability to support
acts of international terrorism and efforts to develop or
acquire weapons of mass destruction;
(3) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other
terrorist groups in Lebanon and its hosting of terrorist groups
in Damascus, and comes into full compliance with United States
law relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(4) efforts against Hizballah will be expanded given the
recognition that Hizballah is equally or more capable than al
Qaeda;
(5) the full restoration of Lebanon's sovereignty, political
independence, and territorial integrity is in the national
security interest of the United States;
(6) Syria is in violation of United Nations Security Council
Resolution 520 (September 17, 1982) through its continued
occupation of Lebanese territory and its encroachment upon
Lebanon's political independence;
(7) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation
under Security Council Resolution 520;
(8) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national security interests of the United States;
(9) Syria will be held accountable for any harm to Coalition
armed forces or to any United States citizen in Iraq due to its
facilitation of terrorist activities and its shipments of
military supplies to Iraq; and
(10) the United States will not provide any assistance to
Syria and will oppose multilateral assistance for Syria until
Syria ends all support for terrorism, withdraws its armed
forces from Lebanon, and halts the development and deployment
of weapons of mass destruction and medium- and long-range
surface-to-surface ballistic missiles.
SEC. 5. PENALTIES AND AUTHORIZATION.
(a) Penalties.--Until the President makes the determination that
Syria meets all the requirements described in paragraphs (1) through
(4) of subsection (d) and certifies such determination to Congress in
accordance with such subsection--
(1) the President shall prohibit the export to Syria of any
item, including the issuance of a license for the export of any
item, on the United States Munitions List or Commerce Control
List of dual-use items in the Export Administration Regulations
(15 C.F.R. part 730 et seq.); and
(2) the President shall impose two or more of the following
sanctions:
(A) Prohibit the export of products of the United
States (other than food and medicine) to Syria.
(B) Prohibit United States businesses from investing
or operating in Syria.
(C) Restrict Syrian diplomats in Washington, D.C.,
and at the United Nations in New York City, to travel
only within a 25-mile radius of Washington, D.C., or
the United Nations headquarters building, respectively.
(D) Prohibit aircraft of any air carrier owned or
controlled by Syria to take off from, land in, or
overfly the United States.
(E) Reduce United States diplomatic contacts with
Syria (other than those contacts required to protect
United States interests or carry out the purposes of
this Act).
(F) Block transactions in any property in which the
Government of Syria has any interest, by any person, or
with respect to any property, subject to the
jurisdiction of the United States.
(b) Waiver.--The President may waive the application of paragraph (2)
of subsection (a) for one or more 6-month periods if the President
determines that it is in the vital national security interest of the
United States to do so and transmits to Congress a report that contains
the reasons therefor.
(c) Authority to Provide Assistance to Syria.--If the President--
(1) makes the determination that Syria meets the requirements
described in paragraphs (1) through (4) of subsection (d) and
certifies such determination to Congress in accordance with
such subsection;
(2) determines that substantial progress has been made both
in negotiations aimed at achieving a peace agreement between
Israel and Syria and in negotiations aimed at achieving a peace
agreement between Israel and Lebanon; and
(3) determines that the Government of Syria is strictly
respecting the sovereignty, territorial integrity, unity, and
political independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the Lebanese
army throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982),
then the President is authorized to provide assistance to Syria under
chapter 1 of Part I of the Foreign Assistance Act of 1961 (relating to
development assistance).
(d) Certification.--A certification under this subsection is a
certification transmitted to the appropriate congressional committees
of a determination made by the President that--
(1) the Government of Syria has ceased providing support for
international terrorist groups and does not allow terrorist
groups, such as Hamas, Hizballah, Palestinian Islamic Jihad,
the Popular Front for the Liberation of Palestine, and the
Popular Front for the Liberation of Palestine-General Command
to maintain facilities in territory under Syrian control;
(2) the Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel from
Lebanon;
(3) the Government of Syria has ceased the development and
deployment of medium- and long-range surface-to-surface
ballistic missiles, is not pursuing or engaged in the research,
development, acquisition, production, transfer, or deployment
of biological, chemical, or nuclear weapons, has provided
credible assurances that such behavior will not be undertaken
in the future, and has agreed to allow United Nations and other
international observers to verify such actions and assurances;
and
(4) the Government of Syria has ceased all support for, and
facilitation of, all terrorist activities inside of Iraq,
including preventing the use of territory under its control by
any means whatsoever to support those engaged in terrorist
activities inside of Iraq.
SEC. 6. REPORT.
(a) Report.--Not later than 6 months after the date of the enactment
of this Act, and every 12 months thereafter until the conditions
described in paragraphs (1) through (4) of section 5(d) are satisfied,
the Secretary of State shall submit to the appropriate congressional
committees a report on--
(1) Syria's progress toward meeting the conditions described
in paragraphs (1) through (4) of section 5(d);
(2) connections, if any, between individual terrorists and
terrorist groups which maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies; and
(3) how the United States is increasing its efforts against
Hizballah given the recognition that Hizballah is equally or
more capable than al Qaeda.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate.
Amend the title so as to read:
A bill to halt Syrian support for terrorism, end its
occupation of Lebanon, and stop its development of weapons of
mass destruction, and by so doing hold Syria accountable for
the serious international security problems it has caused in
the Middle East, and for other purposes.
PURPOSE AND SUMMARY
H.R. 1828, the Syria Accountability and Lebanese
Sovereignty Restoration Act of 2003, as reported, expresses the
Sense of Congress with respect to Syria and establishes a set
of policies for the United States with respect to Syria.
It provides for incentives, in the form of sanctions, for
Syria to change its actions; the sanctions are intended to deny
Syria resources and limit its diplomatic legitimacy should it
persist in its irresponsible behavior. The sanctions are to be
imposed unless the President certifies that Syria is not
providing support for terrorists; has ceased all support for
terrorist activities inside of Iraq; has withdrawn all
military, intelligence, and other security personnel from
Lebanon; and has ceased the production, development,
deployment, acquisition, or transfer of weapons of mass
destruction and long-range ballistic missiles, has provided
credible assurances that such behavior will not be undertaken
in the future, and has agreed to allow United Nations and other
international observers to verify such actions and assurances.
The imposition of some but not all of the sanctions may be
waived by the President for one or more six month periods if he
determines that it is in the vital national security of the
United States to do so and transmits to Congress a report on
the reasons he has done so.
While the President currently has the power to impose these
sanctions under scattered laws or in one case inherent
Presidential powers, the bill provides a policy structure that
has been affirmed by Congress for their imposition in a
concerted way, aimed at achieving important national purposes.
BACKGROUND AND NEED FOR THE LEGISLATION
Threats posed by the Syrian regime have been a growing,
long-standing concern to both the Congress and successive
Administrations.
Syria occupies a friendly country, Lebanon. Approximately
20,000 Syrian troops continue to occupy the north of Lebanon
above Tripoli, the Beqaa Valley north of the town of Rashayah,
and the Beirut-Damascus highway. These numbers compare to
35,000 troops at the beginning of Syria's occupation. Between
May 1988 and June 2001, Syrian forces occupied most of west
Beirut. In October 1989, as part of the Taif agreements, Syria
agreed to begin discussions on possible Syrian troop
withdrawals from Beirut to the Beqaa Valley, two years after
political reforms were implemented (then-Lebanese President
Hirawi signed the reforms in September 1990), and to withdraw
entirely from Lebanon after an Israeli withdrawal. While Israel
has, according to the United Nations, complied with its
obligations, the Syrian withdrawal discussions, which should
have started in September 1992, have not yet begun.
Syria is a ``charter member'' of the list of state sponsors
of terrorism, first published by the Department of State in
1979 under the authority of 6(j)(1) of the Export
Administration Act.
Syria supports and harbors Hizballah, Palestinian Islamic
Jihad, the Popular Front for the Liberation of Palestine, the
Popular Front for the Liberation of Palestine-General Command
(``PFLP-GC''), and Hamas, including permitting the operation of
offices and terrorist training camps on Syrian territory and on
Syrian-controlled territory in Lebanon. Syria also permits the
re-supply from Iran of Hizballah.
Syrian-supported groups have perpetrated acts of terrorism
against Americans, most notably the bombing of U.S. Marine
barracks in Syrian-occupied Lebanon in 1983, which killed 241
American Marines. Syrian-supported groups have also perpetrated
suicide bombings and other acts of terror in Israel, which have
claimed the lives of hundreds of innocent Israelis as well as
American citizens.
Despite repeated American warnings, Syria has been
complicit in attacks against Coalition forces in Iraq because
it has permitted personnel who carried out those attacks to
enter Iraq from Syria. Syria is still permitting these
terrorists to pass into Iraq to attack and kill our service
members. The largest group of these so-called ``volunteers'' or
``irregulars'' have been Syrian, and most of those who are not,
have carried Syrian travel documents, in some cases
specifically marked ``reason for entry: Jihad. Length of stay:
Indefinite.'' In fact, Syria's Foreign Minister stated that
``Syria's interest is to see the invaders defeated in Iraq.''
Ambassador Paul Bremer, Administrator of the Coalition
Provision Authority in Iraq, testified before the Full
Committee that ``the number of third country national detainees
we have now is 278, of which 123 are from Syria. And we believe
that there are rat lines, as they call them, from Syria into
Iraq where both fighters and, in many cases, terrorists are
still coming in.''
Finally, Syria has increased and diversified its weapons of
mass destruction programs to present a serious threat to our
interests in the region.
An unclassified CIA report to Congress covering the period
from January to June 2001, stated that ``Syria sought chemical
weapons related precursors and expertise from foreign sources,
maintains a stockpile of the nerve agent sarin and appears to
be trying to develop more toxic and persistent nerve agents.''
In January 2002, the CIA estimated that: ``Syria has
developed chemical weapons warheads for its Scuds'' and
reported that the intelligence community remains concerned
about Syria's intentions regarding nuclear weapons. On
September 16, 2003, Under Secretary of State for Arms Control
and International Security John Bolton testified before the
Subcommittee on the Middle East and Central Asia that ``We are
concerned about Syria's nuclear R & D program and continue to
watch for any signs of nuclear weapons activity? * * * We are
aware of Syrian efforts to acquire dual-use technologies.''
The intentions of the Syrian regime with respect to its
work with biological agents were made abundantly clear in April
2000, in a lengthy article published by the Syrian Defense
Minister. In ``Biological Germ Warfare: A New and Effective
Method in Modem Warfare'', hewrote about the military's plan to
integrate biological weapons in its tactical and strategic arsenals.
The Committee is concerned that alleged espionage
activities at Guantanamo Naval Base may involve Syria.
According to press accounts, the military believes that certain
of its members illegally provided Syrian officials with
classified materials about enemy combatants held at the Base.
The Committee has growing concerns over the alleged security
breaches at Guantanamo and their ramifications for United
States intelligence and military operations.
Despite the ongoing threat posed by Syria, foreign
investments in Syria, especially in its oil and gas sector, are
increasing. Such investments would seem to be contrary to the
Administration's intention, expressed in President George W.
Bush's January 29, 2002 State of the Union address, to ``starve
the terrorists'' and ``to deny terrorists and their state
sponsors the materials, technology, and expertise to make and
deliver weapons of mass destruction.''
The Committee therefore believes it is important to
encourage, or require, the President to take steps that will
deny Syria the resources it requires to expand its WMD
capabilities, continue its support for terrorism, and maintain
its forces in Lebanon.
The Syria Accountability and Lebanese Sovereignty
Restoration Act would accomplish this goal by imposing
sanctions on Syria: it holds Syria accountable for activities
that pose a direct threat to the safety of the United States
and our allies.
HEARINGS
During the 108th Congress, the Committee's Subcommittee on
the Middle East and Central Asia held several hearings and
briefings on Syria and related matters. Testimony and
statements were received from the Honorable John R. Bolton,
Under Secretary for Arms Control and International Security,
United States Department of State (March 19, 2003; September
16, 2003--Open and Classified); the Honorable William Burns,
Assistant Secretary, Bureau of Near Eastern Affairs, United
States Department of State (February 13, 2003; May 15, 2003;
July 9, 2003; September 9, 2003). Members of the Subcommittee
met informally with the Honorable Michelle Aoun, a former Prime
Minister of Lebanon; Dr. Daniel Pipes, a member of the Board of
Directors of the United States Institute of Peace; and
Ambassador Marc Ginsburg (former United States Ambassador to
Morocco) (September 17, 2003) and reviewed additional material
submitted by numerous other individuals and organizations.
Full Committee hearings and informal briefings on Iraq were
held with Ambassador L. Paul Bremer III, Administrator of the
Coalition Provisional Authority Iraq (July 22, 2003; September
25, 2003); the Honorable Paul Wolfowitz, Deputy Secretary of
Defense, and General Peter Pace, U.S.M.C., Vice Chairman of the
Joint Chiefs of Staff (June 26, 2003); and the Honorable
Richard Armitage, Deputy Secretary of State (September 10,
2003), during which issues pertaining to H.R. 1828 were
addressed.
COMMITTEE CONSIDERATION
On October 8, 2003, the Committee met in open session,
pursuant to notice, and ordered favorably reported the bill
H.R. 1828, as amended, by a vote of 33 to 2, a quorum being
present.
During the Committee's consideration of the bill on October
8th, an amendment in the nature of a substitute was offered by
the Honorable Ileana Ros-Lehtinen. The amendment in the nature
of a substitute made numerous technical changes to the bill,
such as updating references to now-obsolete United Nations
Security Council Resolutions restricting trade with Iraq. It
added references to Syria's permitting arms and fighters to
pass between Iraq and Syria. It deleted references to Lebanon
in a provision authorizing development assistance to be
provided to Syria and Lebanon once Syria meets certain
criteria.
An amendment to the amendment in the nature of a substitute
was offered by the Honorable Gary Ackerman. The Ackerman
amendment expressed the Sense of Congress that the President
should not nominate an Ambassador to Syria or accept the
credentials of a Syrian Ambassador to the United States until
certain criteria were fulfilled. The Ackerman amendment was
defeated by a vote of 10-22.
The Honorable Robert Wexler offered and later withdrew an
amendment relating to Syrian involvement in espionage in
Guantanamo Bay.
Subsequently, the Ros-Lehtinen amendment in the nature of a
substitute was adopted by voice vote.
VOTE(S) OF THE COMMITTEE
Clause (3)(b) of rule XIII of the Rules of the House of
Representatives requires that the results of each record vote
on an amendment or motion to report, together with the names of
those voting for or against, be printed in the Committee
Report.
The Ackerman to the Ros-Lehtinen amendment in the nature of
a substitute expressed the Sense of Congress that President
withhold the nomination of a United States Ambassador to Syria
and refuse to accept the credentials of any proposed Ambassador
from the Government of Syria until the Government of Syria
meets certain requirements. The amendment was defeated by a
vote of 10-22.
Voting yes: Lantos, Ackerman, Menendez, Brown, Sherman,
Wexler, Engel, Crowley, Hoeffel, and Bell.
Voting no: Leach, Burton, Ros-Lehtinen, Ballenger,
Rohrabacher, Royce, Chabot, Tancredo, Paul, Smith (MI), Pitts,
Flake, Davis, Green, Pence, McCotter, Janklow, Harris, Berman,
Smith (WA), McCollum, and Hyde.
The motion to report H.R. 1828 to the House favorably, as
amended, was agreed to by a record vote of 33-2.
Voting yes: Leach, Smith (NJ), Burton, Ros-Lehtinen,
Ballenger, Rohrabacher, Royce, Chabot, McHugh, Tancredo, Smith
(MI), Pitts, Davis, Green, Pence, McCotter, Janklow, Harris,
Lantos, Berman, Ackerman, Menendez, Brown, Sherman, Wexler,
Engel, Crowley, Hoeffel, Schiff, Smith (WA), McCollum, Bell and
Hyde.
Voting no: Paul and Flake.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
COMMITTEE COST ESTIMATE
The Committee estimates there will be no significant
federal cost involved in the enactment of H.R. 1828.
PERFORMANCE GOALS AND OBJECTIVES
The bill as reported encourages--and in certain cases
requires--the imposition of sanctions on Syria. The goal of the
bill is to provide incentives to Syria to change its behavior
and, to the extent certain resources are not provided to Syria,
to prevent Syria from pursuing certain forms of behavior that
are inimical to the interests of the United States. If the
goals of the bill are met, Syrian behavior will improve, or it
will become harder for Syria to continue to support terrorists,
sustain its occupation of Lebanon, or gain access to weapons of
mass destruction.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clauses 3 and 18 of
the Constitution.
SECTION-BY-SECTION ANALYSIS
Sec. 1. Title
This section provides that the Act may be cited as the
``Syrian Accountability and Lebanese Sovereignty Restoration
Act of 2003''.
Sec. 2. Findings
This section documents Syria's support for terrorism; its
support for terrorist activities inside of Iraq; its occupation
of Lebanon in contravention of United Nations Security Council
resolutions and United States policy; and its development of
weapons of mass destruction and missile programs.
Sec. 3. Sense of Congress
This section outlines Congressional views of steps the
Syrian regime must immediately undertake: ending support for
terrorism, stopping the transit of fighters and material into
Iraq from Syria, declare its commitment to withdrawal of its
forces from Lebanon and establish a timetable for that
withdrawal, halt the development of missiles and the
development and production of chemical and biological weapons;
enter into serious discussions with Israel in order to realize
a full and permanent peace.
This section also addresses the Lebanese government and
requests that it send its forces into Southern Lebanon and
evict Hizballah and Iranian Revolutionary Guards and expresses
the sense of Congress that Lebanon should receive assistance
from the United States only through non-governmental
organizations and international organizations until it asserts
control over its entire territory and achieves full political
independence. Finally, the section asserts it was improper for
Syria to be elected to the Security Council and calls for its
removal from the Council. It is the expectation of the
Committee that the President and the Administration, in
carrying out this statute, will refer to this section and to
section 4 for guidance so that the President and the
Administration will understand the range of concerns the
Congress has with respect to Syria and Lebanon and the policies
it is establishing.
Sec. 4. Statement of Policy
This section establishes United States policy toward Syria
and on related matters. It establishes as policy--
(1) That Syria should be held accountable for attacks
committed by terrorist groups which Syria harbors;
(2) That Syria should be impeded from harboring
terrorists or developing or acquiring weapons of mass
destruction;
(3) That Syria should continue to be described as a
state sponsor of terrorism until it ceases support for
terrorism and comes into compliance with relevant
United States law and United Nations Security Council
resolutions;
(4) That efforts against Hizballah should be
expanded;
(5) That the full restoration of Lebanon's
sovereignty, political independence, and territorial
integrity is in the national security interest of the
United States;
(6) That Syria is in violation of United Nations
Security Council Resolution 520 (September 17, 1982)
through its continued occupation of Lebanese territory
and its encroachment upon Lebanon's political
independence;
(7) That Syria's obligation to withdraw from Lebanon
is not conditioned upon progress in the Israeli-Syrian
or Israeli-Lebanese peace process but derives from
Syria's obligation under Security Council Resolution
520;
(8) That Syria's acquisition of weapons of mass
destruction threaten the security of the Middle East
and the national security of the United States;
(9) That Syria will be held accountable for any harm
to Coalition armed forces or to any United States
citizen in Iraq due to Syria's facilitation of
terrorist activities and shipments of military supplies
to Iraq; and
(10) That the United States will not provide any
assistance to and will oppose multilateral assistance
to Syria until it ends all support for terrorism,
withdraws its armed forces from Lebanon, and halts the
development and deployment of weapons of mass
destruction.
Sec. 5. Penalties and authorization
Subsection 5(a) provides for a series of penalties to be
imposed on Syria unless the President makes a certification
described in subsection 5(d) (or, with respect to certain of
them, unless the President waives their imposition pursuant to
section 5(b)). The Committee intends that wherever possible the
President use existing statutes, to the extent that they exist,
in coordination with the authority of this Act, to implement
any sanctions that the President chooses to impose.
Subsection 5(a)(1) requires the President to prohibit the
export to Syria of any item (including the issuance of a
license for the export of any item) on the United States
Munitions List or on the Commerce Control List of dual-use
items in the Export Administration Regulations (15 C.F.R. part
730 et seq.).
Subsection 5(a)(2) additionally requires the President to
impose two or more of the following sanctions:
Under section 5(a)(2)(A), to prohibit the export of
products of the United States (other than food and medicine) to
Syria. The Committee notes that similar prohibitions are in
effect with respect to most exports to most nations on the list
of state sponsors of terrorism.
Under section 5(a)(2)(B), to prohibit United States
businesses from investing or operating in Syria. The Committee
believes that American companies might appropriately be
prevented from providing an economic lifeline to the Syrian
regime through commercial transactions that do not involve the
exports of U.S. products. This section is designed, in
particular, to complicate, discourage, or prohibit investments
in Syria's oil and gas sector which continues to serve as the
engine for the Syrian economy and a means for Syria to gain
funds to pay for terrorism, occupation, and weapons of mass
destruction.
Under section 5(a)(2)(C), to restrict Syrian diplomats in
Washington, D.C., and at the United Nations in New York City,
to travel only within a 25-mile radius of Washington, D.C., or
the United Nations headquarters building, respectively. This
limitation is consistent with the restrictions imposed on
officials of other countries on the state-sponsors of terrorism
list; even if American diplomats are not now physically
prevented from traveling within Syria, the heavy police and
intelligence presence in that country restricts the ability of
our diplomats to have the kind of encounters with Syrians that
Syrian diplomats are allowed to have with Americans.
Under section 5(a)(2)(D), to prohibit aircraft of any air
carrier owned or controlled by Syria to take off from, land in,
or overfly the United States. This sanction seeks to avert
potential threats to United States national security from the
use of aircrafts to perpetrate terrorist attacks.
Under section 5(a)(2)(E), to reduce United States
diplomatic contacts with Syria (other than those contacts
required to protect United States interests or carry out the
purposes of the act). The options could range from suspending
diplomatic ties altogether to reducing the level of
representation or number of representatives.
Under Section 5(a)(2)(F), to block transactions in any
property in which the Government of Syria has any interest by
any person, or with respect to any property, subject to the
jurisdiction of the United States.
Subsection 5(b) provides that the President may waive the
application of paragraph (2) of subsection (a) (which requires
the imposition of at least two of a list of six sanctions) for
one or more 6-month periods if the President determines that it
is in the vital national security interest of the United States
to do so and transmits to Congress a report that contains the
reasons therefor. There is no authority provided to waive the
sanction provided for in paragraph (1) of subsection 5(b).
Subsection 5(c) provides that if the President (1) makes
the determination that Syria meets the requirements described
in paragraphs (1) through (4) of subsection (d); (2) certifies
that determination to Congress in accordance with such
subsection; (3) determines that substantial progress has been
made both in negotiations aimed at achieving a peace agreement
between Israel and Syria and in negotiations aimed at achieving
a peace agreement between Israel and Lebanon; and (4)
determines that the Government of Syria is strictly respecting
the sovereignty, territorial integrity, unity, and political
independence of Lebanon under the sole and exclusive authority
of the Government of Lebanon through the Lebanese army
throughout Lebanon, as required under paragraph (4) of United
Nations Security Council Resolution 520 (1982), then the
President is authorized to provide assistance to Syria under
chapter 1 of Part I of the ForeignAssistance Act of 1961
(relating to development assistance).
This subsection sets out a policy of indicating to Syria
the general conditions under which Congress believes Syria
should be provided development assistance by the United States;
in effect, it encourages the use of Presidential authority to
provide such assistance, consistent with other provisions of
law, should the conditions specified be met. This assistance
could be provided from otherwise unallocated development
assistance funds. This subsection does not authorize or earmark
any particular level of funding nor does it amend, supplement,
or override any statute permitting, conditioning, or
prohibiting assistance, including development assistance, to or
for Syria. (Most United States assistance to Syria is
prohibited pursuant to Section 620A of the Foreign Assistance
Act, Section 40 of the Arms Export Control Act, and an annual
provision in Foreign Operations appropriation acts (recently,
Section 507). Other provisions restricting assistance to Syria
have been enacted in Section 101 of Public Law 98-151 and
Section 1004 of Public Law 98-164.)
Subsection 5(d) sets out the certification required to be
made and transmitted to the appropriate committees of Congress
if sanctions under section 5(a) are not to be imposed and as
part of the process referred to in section 5(c).
In order to make the certification, the President must
find:
(1) That the Government of Syria has ceased providing
support for international terrorist groups and does not
allow terrorist groups, such as Hamas, Hizballah,
Palestinian Islamic Jihad, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine-General Command to maintain
facilities in territory under Syrian control;
(2) The Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel
from Lebanon;
(3) The Government of Syria has ceased the
development and deployment of medium- and long-range
surface-to-surface ballistic missiles, is not pursuing
or engaged in the research, development, acquisition,
production, transfer, or deployment of biological,
chemical, or nuclear weapons, has provided credible
assurances that such behavior will not be undertaken in
the future, and has agreed to allow United Nations and
other international observers to verify such actions
and assurances; and
(4) The Government of Syria has ceased all support
for, and facilitation of, all terrorist activities
inside of Iraq, including preventing the use of
territory under its control by any means whatsoever to
support those engaged in terrorist activities inside of
Iraq.
With respect to element (3) of the certification, it is the
intent of the Congress that the International Atomic Energy
Agency, in consultation with pertinent United States officials,
be the international entity responsible for verification of
Syria's nuclear activities.
With respect to element (1) of the certification, the
Committee believes that although the ``offices'' of certain
Palestinian terrorist organizations in Syria may have been
``closed,'' those organizations and their personnel have
continued operations and activities in Damascus and elsewhere.
The Committee intends that in order for the President to make
the certification described in Section 5(d), Syria must have
taken all the steps necessary to completely halt all the
operations and activities of terrorist organizations in Syria
and in areas of Syrian-occupied Lebanon.
Sec. 6. Report
This section calls for annual reports from the Secretary of
State, beginning no later than 6 months after the date of
enactment, until the conditions described in section 5(d) (1)
through (4) are satisfied. The report shall cover Syria's
progress toward meeting the conditions in paragraphs (1)
through (4) of section 5(d). In addition the report shall cover
(a) the connections, if any, between individual terrorists, and
terrorist groups which maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies and (b) how the United
States is increasing its efforts against Hizballah. It is the
Committee's expectation that the report shall be detailed and
informative.
Subsection 5(b) provides that the report shall be
unclassified but may include a classified annex.
Sec. 7. Definition of appropriate congressional committees
Defines the term ``appropriate congressional committees''
for the purposes of the Act to mean the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
NEW ADVISORY COMMITTEES
H.R. 1828 does not establish or authorize any new advisory
committees.
CONGRESSIONAL ACCOUNTABILITY ACT
H.R. 1828 does not apply to the legislative branch.
FEDERAL MANDATES
In the opinion of the Committee, H.R. 1828 provides no
Federal mandates.