[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.

                                
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