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.
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