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[Senate Report 113-79]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 147
113th Congress  }                                            {   Report
  1st Session   }            SENATE                          {   113-79
=======================================================================

 
                  SYRIA TRANSITION SUPPORT ACT OF 2013 

                                _______
                                

                 July 24, 2013.--Ordered to be printed

                                _______
                                

         Mr. Menendez, from the Committee on Foreign Relations,
                        submitted the following

                              R E P O R T

                         [To accompany S. 960]

    The Committee on Foreign Relations, having had under 
consideration the bill (S. 960) to foster stability in Syria, 
and for other purposes, reports favorably thereon with 
amendments, and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose..........................................................1
 II. Committee Action.................................................2
III. Discussion.......................................................3
 IV. Cost Estimate....................................................6
  V. Evaluation of Regulatory Impact..................................9
 VI. Changes in Existing Law..........................................9

                               I. PURPOSE

    The purpose of S. 960 is to plan for a post-Assad Syria by 
authorizing a Syria Transition Fund to provide support in the 
early transition period to enable an effective political 
transition to a more democratic and inclusive political 
structure and provide for initiatives that will improve the 
security of the United States; provide for humanitarian 
assistance for the Syrian people; provide limited lethal and 
additional non-lethal assistance and training to vetted Syrian 
groups; and deter the Assad regime's ability to perpetrate 
violence and widespread human rights violations against the 
people of Syria by authorizing sanctions on certain activities 
including provision of arms and petroleum products to the Assad 
regime; and for other purposes.

                          II. COMMITTEE ACTION

    S. 960 was introduced by Senators Menendez and Corker on 
May 15, 2013. On May 21, 2013, the committee considered S. 960 
and ordered it reported, with amendments, by a roll call vote 
of 15 to 3, with Senators Menendez, Boxer, Cardin, Casey, 
Shaheen, Coons, Durbin, Kaine, Corker, Risch, Rubio, Johnson, 
Flake, McCain, and Barrasso voting in favor, and Senators 
Udall, Murphy, and Paul opposed.
    The committee took the following action with regard to 
amendments:

   A Manager's Package of Amendments was offered to the 
        introduced bill, including proposed amendments from 
        Senators Menendez, Corker, Casey, Rubio, Paul, Cardin, 
        McCain, Kaine, Shaheen, Coons, and Udall, and was 
        agreed by voice vote. The subject matter areas covered 
        by the Manager's Package of Amendments included, among 
        other items, provisions clarifying that securing, 
        dismantling and destruction of inherited weapons of 
        mass destruction are non-proliferation activities 
        supported by the Act; clarifying that the United States 
        should support humanitarian assistance through U.N. 
        voluntary agencies and support bilateral assistance to 
        countries hosting refugees; providing a more detailed 
        description of the ground conditions that should be 
        considered prior to branding assistance as being from 
        the American people; defining technical assistance for 
        phased disarmament as one of the authorized purposes of 
        Transition Fund Assistance; clarifying that rule of law 
        assistance may be provided prior to a transition; 
        authorizing use of the Transition Fund to provide 
        technical assistance, capacity building, and training 
        to develop democratically-oriented political parties 
        and civil society organizations; authorizing the use of 
        the Transition Fund to support planning and diplomacy 
        for post conflict stabilization; requiring 
        identification of efforts undertaken or planned to 
        leverage other donor assistance in an annual reporting 
        requirement; adding language calling on the 
        Administration to work to end Russian financial and 
        military support for the Assad regime; amending the 
        sanctions provisions of the bill including, among other 
        things, to include permissive rather than mandatory 
        banking sanctions; altering the authorization for 
        lethal assistance to vetted units and emphasizing that 
        units, entities, and senior leaders must be vetted; 
        requiring a 15-day Congressional notification prior to 
        provision of lethal assistance, including a 
        justification of why the aid is needed, certification 
        of substantial support from international allies, and a 
        strategy for securing weapons after the secession of 
        violence; authorizing training on chain of custody for 
        weapons provided and requiring certification that those 
        receiving arms can comply with chain of custody 
        criteria; requiring the President to certify that the 
        U.S. has consulted with regional allies if any anti-
        aircraft weapons are provided and requiring submission 
        of a strategy to implement an accelerated global 
        program to secure or eliminate anti-aircraft systems of 
        proliferation risk; requiring the immediate termination 
        of the authorization for the provision of lethal 
        assistance to any unit or entity if the U.S. government 
        receives substantial evidence that the unit or entity 
        has used chemical weapons; and requiring the immediate 
        termination of the authorization for the provision of 
        lethal assistance to any unit or entity if the U.S. 
        government receives substantial evidence that the unit 
        or entity has sold or illegally transferred defense 
        articles or services received from the United States.
   An amendment by Senator Casey and a second degree to that 
        amendment also by Senator Casey was agreed to by voice 
        vote. These amendments express the sense of the Senate 
        condemning the violence against the Syrian people by 
        the regime of President Bashar al-Assad; supporting 
        innocent civilians including through humanitarian 
        assistance and welcoming the pledges of international 
        donors to meet the needs of the victims; affirming the 
        neutrality of the medical profession; supporting 
        democratically oriented groups, and a stable 
        transitional government that is committed to open and 
        transparent governance and respect for human rights; 
        promoting stability and the rule of law; and 
        emphasizing the need to fully implement existing 
        sanctions,
   An amendment by Senator Paul to add language stating that 
        the Act is not an authorization of the use of military 
        force by the United States Armed Forces and stating 
        that nothing in the Authorization for Use of Military 
        Force (Public Law 107-40) shall be construed as 
        authorizing the use of military force in Syria failed 
        by a roll call vote of 2 to 15, with Senators Paul and 
        Udall voting in favor, and Senators Menendez, Boxer, 
        Cardin, Casey, Shaheen, Coons, Murphy, Kaine, Corker, 
        Risch, Johnson, Rubio, Flake, McCain, and Barrasso 
        opposed. Senator Durbin did not vote. In discussion 
        prior to the vote, the Chairman noted, among other 
        things, that section 5 of the introduced bill 
        specifically states that nothing in the act shall be 
        construed as providing authorization for the use of 
        military force by the U.S. armed forces.
   An amendment by Senator Udall to amend Title V of the bill 
        to further limit, including by reference to the United 
        States Munitions List, the types of support that could 
        be provided to the vetted opposition in Syria and 
        adding additional chain of custody requirements failed 
        by a roll call vote of 4 to 14, with Senators Udall, 
        Paul, Durbin, and Murphy voting in favor, and Senators 
        Menendez, Boxer, Cardin, Casey, Shaheen, Coons, Kaine, 
        Corker, Risch, Rubio, Johnson, Flake, McCain, and 
        Barrasso opposed.
   An amendment by Senator Paul to strike Title V of the bill, 
        which provides authorization to provide lethal and 
        increased non-lethal assistance to vetted elements of 
        the Syrian opposition, failed by a roll call vote of 2 
        to 15, with Senators Paul and Murphy voting in favor, 
        and Senators Menendez, Boxer, Cardin, Casey, Shaheen, 
        Coons, Udall, Kaine, Corker, Risch, Rubio, Johnson, 
        Flake, McCain, and Barrasso opposed. Senator Durbin did 
        not vote.

                            III. DISCUSSION

    The situation in Syria is critical for Syrians, for the 
region, and for the U.S. efforts to counter extremism. More 
than 93,000 Syrians have died in the last two years, and the 
number of Syrian refugees now tops 1.5 million. The conflict 
could destabilize the region, spill over into Lebanon and Iraq, 
and cause stability and governance problems in Jordan. In 
addition, extremists sponsored by the Islamic Republic of Iran, 
including the Iranian Revolutionary Guard Corps and Hizballah, 
and groups with direct links to al-Qaeda (including the al 
Nusrah Front) are exploiting the conflict and gaining ground in 
a state with significant amounts of advanced conventional 
weapons and large chemical weapons stockpiles.
    The bill provides authority to the President to provide 
arms and other lethal assistance, as well as military training 
and non-lethal supplies to the Syrian armed opposition. Only 
units and entities that have gone through a thorough, 
statutorily-required vetting process by the U.S. government 
would be eligible for such assistance. This vetting process 
would assess whether they meet certain detailed and specific 
criteria on human rights and terrorism, as well as whether they 
demonstrate clear support for civilian rule, cooperate on 
international counterterrorism and non-proliferation efforts, 
and are committed to regional stability, among other things. 
The legislation also bars the provision of anti-aircraft 
defensive systems, but provides a presidential waiver to permit 
the distribution of such systems under strict limitations, 
including certifications regarding the vital national security 
interest in providing such systems and the disposition of such 
systems, among other requirements. The assistance authorized by 
this section must be terminated if the units or entities 
receiving such assistance are no longer in compliance with the 
vetting criteria set out in the legislation or if the United 
States government receives substantial evidence that such 
groups have used chemical weapons. The bill also requires a 
report from the President to Congress every 90 days on the 
provision of lethal and increased non-lethal support to the 
Syrian opposition. Among other things, the report will include 
specific details about the support provided, assessments of the 
opposition's capacity and capabilities, and adherence of 
supported groups to chain of custody requirements.
    The purposes of assistance authorized by the bill are to 
support transition from the current regime to a just and 
democratic state; to assist the people of Syria in meeting 
basic needs; to provide political and economic support to 
neighboring countries hosting refugees and international 
organizations providing humanitarian relief; to oppose the 
unlawful use of violence against civilians; to use a broad 
array of instruments of national power to expedite a negotiated 
solution, including the departure of Bashar al-Assad; to 
recognize the National Coalition for Syrian Revolutionary and 
Opposition Forces (SOC) as a legitimate representative of the 
Syrian people; to engage with opposition groups that reflect 
the United States' interests and values; to promote the 
territorial integrity of Syria and support a post-Assad 
government in providing security, services, and political and 
religious rights to its people; to provide foreign assistance, 
defense articles, defense services, and training to vetted 
entities; to closely coordinate with key partners on 
contingency planning to ensure partners are prepared for an 
appropriate response to the evolving situation in Syria; to 
support efforts to identify and document those who target 
civilian and vulnerable populations; to support programs that 
provide scholars, scientists, and students in Syria with 
opportunities outside Syria; and to ensure a stable and 
appropriate political transition in Syria.
    The bill provides authority for humanitarian assistance in 
order to ensure the U.S. government may provide humanitarian 
aid to the Syrian people notwithstanding other provisions of 
law that restrict the provision of U.S. economic or other non-
military assistance to Syria. New or additional funds are not 
authorized. Instead, the authorization lifts restrictions on 
the use of funds for humanitarian purposes that might otherwise 
have been restricted. The bill provides direction that the 
President should instruct the U.S. representatives to the 
United Nations and other appropriate international 
organizations to support humanitarian and development 
assistance for the people of Syria in order to accomplish the 
purposes of assistance set out in the bill. The bill provides 
direction that the President should support bilateral refugee 
assistance programs in countries, including Iraq, Jordan, 
Turkey, Egypt, and Lebanon, which have experienced an influx of 
refugees from Syria. The bill also requires a report on the 
strategy to communicate to the Syrian people about the 
assistance provided by the U.S. government.
    The bill authorizes a $250 million transition fund each 
year through Fiscal Year 2015, drawn from funds otherwise 
appropriated for the support of political and economic 
transition in the Middle East and North Africa. The programs 
for which the fund is authorized to be used are: security 
sector support, support for regional stability, technical 
assistance for phased disarmament, transitional justice and 
conflict resolution, technical assistance to promote democracy 
and the democratic institutions, technical assistance to 
support economic revitalization, technical assistance for basic 
services to the people of Syria, collection of evidence of 
unlawful activities targeting civilian populations, and 
planning for post-conflict stabilization. The bill also 
provides that up to $100 million of the transition funds may be 
used for nonproliferation and export control purposes. The bill 
requires an initial six-month and an annual report on the use 
of transition funds, including specific details on the use of 
such funds and performance benchmarks and metrics. The bill 
also provides for the lifting of sanctions on Syria under 
specific, defined criteria, once Bashar al-Assad is no longer 
the leader of Syria and a transitional government meeting 
specific requirements is in place. The bill requires the 
Secretary of State to work to establish an international 
consensus on the transition and post-transition government in 
Syria by working with Russia to, among other things, end its 
financial and military support for the regime, working with the 
Friends of Syria group to isolate terrorists and extremists, 
and working to eliminate support for the Syrian regime by the 
Iranian Government, to potentially include a ban on commercial 
flights between Iran and Syria.
    The bill provides for targeted sanctions on arms and 
petroleum and petroleum products to the Assad regime. 
Specifically, the President is required to impose from a list 
of options two or more of the specified sanctions with respect 
to any person (other than a foreign financial institution) that 
the President determines has knowingly participated in or 
facilitated a significant transaction related to the sale, 
transfer, or transportation of defense articles (including 
surface-to-air and surface-to-surface missile systems including 
any S300 system and the Yakhont system), defense services, or 
military training to the Assad regime of Syria or any successor 
regime in Syria that the President determines is not a 
legitimate transitional or replacement government. The 
President is required to impose three or more of the specified 
sanctions with respect to any person (other than a foreign 
financial institution) that the President determines has 
knowingly participated in or facilitated a significant 
transaction related to the sale or transfer of petroleum or 
petroleum products to the Assad regime of Syria or any 
successor regime in Syria that the President determines is not 
a legitimate transitional or replacement government. A 
humanitarian exception is included with respect to oil sales 
sanctions. The sanctions options available are restrictions on 
Export-Import Bank assistance, U.S. government procurement, 
U.S. government arms exports, and dual-use exports, as well as 
the blocking of assets and denial of visas. In addition, the 
President is authorized to impose specific sanctions on foreign 
financial institutions that knowingly conduct a significant 
transaction related to either arms or oil sales. The bill 
provides the President with the ability to waive any sanctions 
provided for in the bill with respect to a person or category 
of persons for a renewable six month period, based on a 
certification that such a waiver is in the vital national 
security interests of the United States. The bill also provides 
for amendments to allow for sanctions removal once a 
transitional government is in place and certain criteria have 
been met.
    The bill requires the administration to work with and 
report to Congress on a number of issues including a broad 
strategy on Syria working through the international community 
and Russia to reach a political settlement.

                           IV. COST ESTIMATE

    In accordance with Rule XXVI, paragraph 11(a) of the 
Standing Rules of the Senate, the committee provides this 
estimate of the costs of this legislation prepared by the 
Congressional Budget Office.

                            United States Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 26, 2013.
Hon. Robert Menendez,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 960, the Syria 
Transition Support Act of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sunita 
D'Monte.
        Sincerely,
                                       Douglas W. Elmendorf
    Enclosure.

Syria Transition Support Act of 2013

    Summary: S. 960 would authorize assistance for the Syrian 
people and opposition groups. CBO estimates that implementing 
the bill would have discretionary costs of $3.9 billion over 
the 2013-2018 period, assuming appropriation of the estimated 
amounts.
    Pay-as-you-go procedures apply to this legislation because 
it would affect direct spending and revenues; however, CBO 
estimates those effects would not be significant.
    S. 960 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
by expanding existing prohibitions on transactions with the 
Assad regime in Syria, or any successor regime that is 
determined to be an illegitimate or replacement government. CBO 
estimates that the costs of the intergovernmental mandates 
would fall well below the annual threshold established in UMRA 
($75 million in 2013, adjusted annually for inflation) while we 
estimate that the costs to the private sector would probably be 
above the annual threshold established by UMRA ($150 million in 
2013, adjusted annually for inflation).
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of S. 960 is shown in the following table. The 
costs of this legislation fall within budget functions 150 
(international affairs), 370 (commerce and housing credit), and 
800 (general government).

                                        Changes in Spending Due to S. 960
                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                   2013     2014     2015     2016     2017     2018   2013-2018
----------------------------------------------------------------------------------------------------------------
                                        Spending Subject to Appropriation
Humanitarian Assistance
  Estimated Authorization Level................       0      900      900      900      900      900     4,500
  Estimated Outlays............................       0      361      563      707      801      824     3,256
Syria Transition Fund
  Estimated Authorization Level................     250      250      250        0        0        0       750
  Estimated Outlays............................      13       88      150      183      120       65       619
Other Provisions
  Estimated Authorization Level................       *        1        1        1        1        1         5
  Estimated Outlays............................       *        1        1        1        1        1         5
Total
  Estimated Authorization Level................     250    1,151    1,151      901      901      901     5,255
  Estimated Outlays............................      13      450      714      891      922      890     3,880
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Basis of Estimate: For the purposes of this estimate, CBO 
assumes S. 960 would be enacted in fiscal year 2013, that the 
estimated authorizations will be appropriated before the end of 
2013 and near the start of each following fiscal year, and that 
outlays will follow historical spending patterns for similar 
and existing programs.
    Spending Subject to Appropriation: S. 960 would authorize 
assistance for the Syrian people and opposition groups working 
to bring down the government of Bashar-al-Assad. CBO estimates 
that implementing the bill would require additional 
appropriations of about $5.3 billion over the 2013-2018 period 
and have discretionary costs of $3.9 billion over that period, 
assuming appropriation of those estimated amounts (the 
remainder would be spent after 2018).
    Humanitarian Assistance: Title II would authorize economic 
and other nonmilitary assistance for the humanitarian needs of 
the Syrian people. In the first nine months of fiscal year 
2013, the United States obligated about $695 million in 
humanitarian assistance. That assistance is being provided 
primarily through international organizations such as the World 
Food Program and other U.N. entities, as well as 
nongovernmental organizations. Based on assistance provided to 
date, CBO estimates that additional authorizations of $900 
million each year would be required over the 2014-2018 period 
and that implementing that assistance would have discretionary 
costs of almost $3.3 billion over the 2014-2018 period, 
assuming appropriation of the necessary amounts.
    Syria Transition Fund: Section 301 would authorize the 
appropriation of up to $250 million each year over the 2013-
2015 period for a Syria Transition Fund. It also would 
authorize the Department of Defense and other federal agencies 
to transfer certain amounts to the transition fund. The total 
amount transferred could not exceed $250 million in any year. 
The fund's purpose would be to support a transition to a more 
democratic political structure and to enhance the security of 
the Syrian people and the United States and its allies. 
Assuming the appropriation of $250 million each year over the 
2013-2015 period, CBO estimates that implementing assistance 
through the fund would have discretionary costs of $619 million 
over the 2013-2018 period. CBO cannot estimate whether or to 
what extent the transfer authority would be used.
    Military Assistance: Section 501 would authorize military 
support (except for anti-aircraft defensive systems) through 
2015 to certain elements of the Syrian opposition. The 
Administration recently announced that the United States would 
begin providing military assistance--such as small arms and 
ammunition--to opposition forces. As yet, it is unclear under 
what authorities and to what extent that assistance will be 
provided and whether the Administration would use the authority 
under the bill to augment that planned assistance. Therefore, 
this estimate does not include any additional authorizations 
for military assistance.
    Other Provisions: Title IV would require the President to 
impose sanctions on persons who provide petroleum, petroleum 
products, defense articles, or military training to the Syrian 
regime and prohibit or restrict the use of certain bank 
accounts by foreign financial institutions that facilitate such 
transactions. The sanctions would include prohibiting 
assistance through the Export-Import Bank, banning procurement 
by the U.S. government, prohibiting exports of U.S. arms and 
dual-use technology, blocking assets, and denying U.S. visas or 
entry into the United States. Based on information from 
agencies that would implement those sanctions, CBO estimates 
that implementing those provisions would impose an additional 
administrative burden on those agencies. The denial of visas 
also would have insignificant effects on direct spending and 
revenues (discussed below).
    In addition, several provisions of the bill would require 
the President or the Secretary of State to submit periodic 
reports or briefings to the Congress. In total, CBO estimates 
that implementing those provisions would have discretionary 
costs of about $5 million over the 2013-2018 period, assuming 
appropriation of the estimated amounts.
    Direct Spending and Revenues: Sanctions required under S. 
960 would probably increase the number of people who would be 
denied a visa by the Secretary of State. Most visa fees are 
retained by the department and spent without further 
appropriation, but some fees are deposited in the Treasury as 
revenues. CBO estimates that implementing those provisions 
would affect very few people and, thus, have an insignificant 
budgetary effect.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting S. 960 would have a 
negligible effect on direct spending and revenues for each 
year.
    Intergovernmental and Private-Sector Impact: The bill would 
impose mandates, as defined in UMRA, on both public and private 
entities by expanding existing prohibitions on transactions 
with the Assad regime in Syria, or any successor regime that is 
determined to be an illegitimate or replacement government, and 
by increasing the number of entities responsible for complying 
with those prohibitions.
    Individuals and entities engaged in transactions under 
export license agreements with foreign entities would be 
required to terminate such transactions or agreements based on 
new requirements outlined in the legislation. While CBO expects 
that few public entities would be affected by the sanction 
provisions, information from the Nuclear Regulatory Commission, 
the Department of Commerce, and current trade data suggests 
that a large number of private-sector entities would be 
affected. In 2012, the Department of Commerce approved more 
than 1,300 licenses for items worth almost $1 billion, which 
could be terminated upon implementation of sanctions in the 
bill.
    CBO estimates that the costs of the intergovernmental 
mandates would fall well below the threshold established in 
UMRA ($75 million in 2013, adjusted annually for inflation). 
Based on the potential value of existing private-sector 
transactions and the number of entities that could be 
sanctioned, CBO estimates that the cost of the private-sector 
mandates would probably be above the annual threshold 
established by UMRA ($150 million in 2013, adjusted annually 
for inflation).
    Estimate Prepared by: Federal Costs: Sunita D'Monte, Impact 
on State, Local, and Tribal Governments: J'nell L. Blanco, 
Impact on the Private Sector: Marin Burnett.
    Estimate Approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to Rule XXVI, paragraph 11(b) of the Standing 
Rules of the Senate, the committee has determined that there is 
no regulatory impact as a result of this legislation.

                      VI. CHANGES IN EXISTING LAW

    In compliance with Rule XXVI, paragraph 12 of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no change is proposed is shown in 
roman).

                               U.S. CODE

             Syria Accountability and Lebanese Sovereignty
                        Restoration Act of 2003

(Public Law 108-175)

           *       *       *       *       *       *       *

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 CFR 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 
subsection (a)(1), (a)(2), or both if the President determines 
that it is in the national security interest of the United 
States to do so and submits to the appropriate congressional 
committees a report containing the reasons for the 
determination.
    (c) Authority To Provide Assistance To Syria.--If the 
President--
          (1)(A) makes the determination that Syria meets the 
        requirements described in [paragraphs (1) through (4) 
        of subsection (d)] subparagraphs (A) through (D) of 
        paragraph (1) of subsection (d) and certifies such 
        determination to Congress in accordance with such 
        subsection;
          [(2)](B) 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)](C) 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)[,]; or
          (2) makes the determination that the Government of 
        Syria meets the requirements described in paragraph (2) 
        of such subsection and certifies such determination to 
        Congress in accordance with such subsection,
        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)(A) 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)](B) the Government of Syria ended its occupation 
        of Lebanon described in section 2(7) of this Act;
          [(3)](C) 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)](D) 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[.]; or
          (2)(A) Bashar al-Assad is no longer the leader of 
        Syria; and
          (B) the Government of Syria has ceased its campaign 
        of violence against the people of Syria and begun the 
        transition to a representative and inclusive government 
        that is demonstrably committed to the principles of--
                  (i) protecting human rights, expanding 
                political participation, and providing 
                religious freedom to all Syrians, irrespective 
                of, religion, ethnicity, or gender;
                  (ii) supporting the rule of law;
                  (iii) rejecting terrorism and extremist 
                ideologies;
                  (iv) subordinating the military to civilian 
                authority;
                  (v) protecting the Syrian population against 
                sectarian violence and reprisals;
                  (vi) cooperating with international 
                counterterrorism and nonproliferation efforts;
                  (vii) supporting regional stability and 
                avoiding interference in the affairs of 
                neighboring countries;
                  (viii) establishing a strong justice system 
                and ensuring accountability for conflict-
                related crimes; and
                  (ix) recognizing the Golan Heights 
                ``Separation of Forces Agreement Between Israel 
                And Syria,'' signed on May 31, 1974, and the 
                related protocol regarding United Nations 
                Disengagement Observer Force (UNDOF) functions.

                                  
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