S.1064 - Middle East Peace Facilitation Act of 1995104th Congress (1995-1996)
|Sponsor:||Sen. Helms, Jesse [R-NC] (Introduced 07/21/1995)|
|Committees:||Senate - Foreign Relations|
|Latest Action:||Senate - 07/21/1995 Read twice and referred to the Committee on Foreign Relations. (All Actions)|
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Text: S.1064 — 104th Congress (1995-1996)All Information (Except Text)
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Introduced in Senate (07/21/1995)
[Congressional Bills 104th Congress] [From the U.S. Government Printing Office] [S. 1064 Introduced in Senate (IS)] 104th CONGRESS 1st Session S. 1064 Entitled the ``Middle East Peace Facilitation Act of 1995''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 21 (legislative day, July 10), 1995 Mr. Helms (for himself, Mr. Pell, Mr. Dole, Mr. Daschle, Mr. Mack, Mr. Lieberman, Mrs. Feinstein, Mr. McConnell, Mr. Leahy, and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL Entitled the ``Middle East Peace Facilitation Act of 1995''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle East Peace Facilitation Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Palestine Liberation Organization (hereafter the ``PLO'') has recognized the State of Israel's right to exist in peace and security; accepted United Nations Security Council Resolutions 242 and 338; committed itself to the peace process and peaceful coexistence with Israel, free from violence and all other acts which endanger peace and stability; and assumed responsibility over all PLO elements and personnel in order to assure their compliance, prevent violations, and discipline violators; (2) Israel has recognized the PLO as the representative of the Palestinian people; (3) Israel and the PLO signed a Declaration of Principles on Interim Self-Government Arrangements (hereafter the ``Declaration of Principles'') on September 13, 1993, at the White House; (4) Israel and PLO signed an agreement on the Gaza Strip and the Jericho Area (hereafter the ``Gaza-Jericho Agreement'') on May 4, 1994, which established a Palestinian Authority for the Gaza and Jericho areas; (5) Israel and the PLO signed an Agreement on Preparatory Transfer of Powers and Responsibilities (hereafter the ``Early Empowerment Agreement'') on August 29, 1994, which provided for the transfer to the Palestinian Authority of certain powers and responsibilities in the West Bank outside of the Jericho area; (6) under the terms of the Declaration of Principles, the Gaza-Jericho Agreement and the Early Empowerment Agreement, the powers and responsibilities of the Palestinian Authority are to be assumed by an elected Palestinian Council with jurisdiction in the West Bank and Gaza Strip in accordance with the interim agreement to be concluded between Israel and the PLO; (7) permanent status negotiations relating to the West Bank and Gaza Strip are scheduled to begin by May 1996; (8) the Congress has, since the conclusion of the Declaration of Principles and the PLO's renunciation of terrorism, provided authorities to the President to suspend certain statutory restrictions relating to the PLO, subject to Presidential certifications that the PLO has continued to abide by commitments made in and in connection with or resulting from the good faith implementation of the Declaration of Principles; (9) the PLO commitments relevant to Presidential certifications have included commitments to renounce and condemn terrorism, to submit to the Palestinian National Council for formal approval the necessary changes to those articles of the Palestinian Covenant which call for Israel's destruction, and to prevent acts of terrorism and hostilities against Israel; and (10) the President, in exercising the aforementioned authorities, has certified to the Congress on four occasions that the PLO was abiding by its relevant commitments. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that although the PLO has recently shown improvement in its efforts to fulfill its commitments, it must do far more to demonstrate an irrevocable denunciation of terrorism and ensure a peaceful settlement of the Middle East dispute, and in particular it must-- (1) submit to the Palestine National Council for formal approval the necessary changes to those articles of the Palestinian National Covenant which call for Israel's destruction; (2) make greater efforts to preempt acts of terror, to discipline violators and to contribute to stemming the violence that has resulted in the deaths of 123 Israeli citizens since the signing of the Declaration of Principles; (3) prohibit participation in its activities and in the Palestinian Authority and its successors by any groups or individuals which continue to promote and commit acts of terrorism; (4) cease all anti-Israel rhetoric, which potentially undermines the peace process; (5) confiscate all unlicensed weapons and restrict the issuance of licenses to those with legitimate need; (6) transfer and cooperate in transfer proceedings relating to any person accused by Israel of acts of terrorism; and (7) respect civil liberties, human rights, and democratic norms. SEC. 4. AUTHORITY TO SUSPEND CERTAIN PROVISIONS. (a) In General.--Subject to subsection (b), beginning on the date of enactment of this Act and for 18 months thereafter the President may suspend for a period of not more than 6 months at a time any provision of law specified in subsection (d). Any such suspension shall cease to be effective after 6 months, or at such earlier date as the President may specify. (b) Conditions.-- (1) Consultations.--Prior to each exercise of the authority provided in subsection (a) or certification pursuant to subsection (c), the President shall consult with the relevant congressional committees. The President may not exercise that authority or make such certification until 30 days after a written policy justification is submitted to the relevant congressional committees. (2) Presidential certification.--The President may exercise the authority provided in subsection (a) only if the President certifies to the relevant congressional committees each time he exercises such authority that-- (A) it is in the national interest of the United States to exercise such authority; (B) the PLO continues to comply with all the commitments described in paragraph (4); and (C) funds provided pursuant to the exercise of this authority and the authorities under section 583(a) of Public Law 103-236 and section 3(a) of Public Law 103- 125 have been used for the purposes for which they were intended. (3) Requirements for continuing plo compliance.-- (A) The President shall ensure that PLO performance is continuously monitored and if the President at any time determines that the PLO has not continued to comply with all the commitments described in paragraph (4), he shall so notify the appropriate congressional committees and any suspension under subsection (a) of a provision of law specified in subsection (d) shall cease to be effective. (B) Beginning 6 months after the date of enactment of this Act, if the President on the basis of the continuous monitoring of the PLO's performance determines that the PLO is not complying with the requirements described in subsection (c), he shall so notify the appropriate congressional committees and no assistance shall be provided pursuant to the exercise by the President of the authority provided by subsection (a) until such time as the President makes the certification provided for in subsection (c). (4) PLO commitments described.--The commitments referred to in paragraphs (2) and (3)(A) are the commitments made by the PLO-- (A) in its letter of September 9, 1993, to the Prime Minister of Israel; in its letter of September 9, 1993, to the Foreign Minister of Norway to-- (i) recognize the right of the State of Israel to exist in peace and security; (ii) accept United Nations Security Council Resolutions 242 and 338; (iii) renounce the use of terrorism and other acts of violence; (iv) assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violations, and discipline violators; (v) call upon the Palestinian people in the West Bank and Gaza Strip to take part in the steps leading to the normalization of life, rejecting violence and terrorism, and contributing to peace and stability; and (vi) submit to the Palestine National Council for formal approval the necessary changes to the Palestinian National Covenant eliminating calls for Israel's destruction, and (B) in, and resulting from, the good faith implementation of the Declaration of Principles, including good faith implementation of subsequent agreements with Israel, with particular attention to the objective of preventing terrorism, as reflected in the provisions of the Gaza-Jericho Agreement concerning-- (i) prevention of acts of terrorism and legal measures against terrorists; (ii) abstention from and prevention of incitement, including hostile propaganda; (iii) operation of armed forces other than the Palestinian police; (iv) possession, manufacture, sale, acquisition or importation of weapons; (v) employment of police who have been convicted of serious crimes or have been found to be actively involved in terrorist activities subsequent to their employment; (vi) transfers to Israel of individuals suspected of, charged with, or convicted of an offense that falls within Israeli criminal jurisdiction; (vii) cooperation with the Government of Israel in criminal matters, including cooperation in the conduct of investigations; and (viii) exercise of powers and responsibilities under the agreement with due regard to internationally accepted norms and principles of human rights and the rule of law. (5) Policy justification.--As part of the President's written policy justification to be submitted to the relevant congressional committees pursuant to paragraph (1), the President will report on-- (A) the manner in which the PLO has complied with the commitments specified in paragraph (4), including responses to individual acts of terrorism and violence, actions to discipline perpetrators of terror and violence, and actions to preempt acts of terror and violence; (B) the extent to which the PLO has fulfilled the requirements specified in subsection (c); (C) actions that the PLO has taken with regard to the Arab League boycott of Israel; (D) the status and activities of the PLO office in the United States; and (E) the status of United States and international assistance efforts in the areas subject to jurisdiction of the Palestinian Authority or its successors. (c) Requirement for Continued Provision of Assistance.--Six months after the enactment of this Act, no assistance shall be provided pursuant to the exercise by the President of the authority provided by subsection (a), unless and until the President determines and so certifies to the Congress that-- (1) if the Palestinian Council has been elected and assumed its responsibilities, it has, within a reasonable time, effectively disavowed the articles of the Palestine National Covenant which call for Israel's destruction, unless the necessary changes to the Covenant have already been submitted to the Palestine National Council for formal approval; (2) the PLO has exercised its authority resolutely to establish the necessary enforcement institutions; including laws, police, and a judicial system, for apprehending, prosecuting, convicting, and imprisoning terrorists; (3) the PLO has limited participation in the Palestinian Authority and its successors to individuals and groups in accordance with the terms that may be agreed with Israel; (4) the PLO has not provided any financial or material assistance or training to any group, whether or not affiliated with the PLO, to carry out actions inconsistent with the Declaration of Principles, particularly acts of terrorism against Israel; (5) the PLO has cooperated in good faith with Israeli authorities in the preemption of acts of terrorism and in the apprehension and trial of perpetrators of terrorist acts in Israel, territories controlled by Israel, and all areas subject to jurisdiction of the Palestinian Authority and its successors; and (6) the PLO has exercised its authority resolutely to enact and implement laws requiring the disarming of civilians not specifically licensed to possess or carry weapons. (d) Provisions That May Be Suspended.--The provisions that may be suspended under the authority of subsection (a) are the following: (1) Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) as it applies with respect to the PLO or entities associated with it. (2) Section 114 of the Department of State Authorization Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it applies with respect to the PLO or entities associated with it. (3) Section 1003 of the Foreign Relations Authorization Act, fiscal years 1988 and 1989 (22 U.S.C. 5202). (4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C. 286W) as it applies to the granting to the PLO of observer status or other official status at any meeting sponsored by or associated with the International Monetary Fund. As used in this paragraph, the term ``other official status'' does not include membership in the International Monetary Fund. (e) Relevant Congressional Committees Defined.--As used in this section, the term ``relevant congressional committees'' means-- (1) the Committee on International Relations, the Committee on Banking and Financial Services, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. <all>