I

106TH CONGRESS

2D SESSION H. R. 5272

To provide for a United States response in the event of a unilateral

declaration of a Palestinian state.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 2000

Mr. GILMAN (for himself, Mr. NADLER, Mr. LAZIO, Mrs. LOWEY, and Mr.

REYNOLDS) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on

Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To provide for a United States response in the event of

a unilateral declaration of a Palestinian state.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Peace Through Nego5 tiations Act of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
2

•HR 5272 IH

1 (1) Resolving the political status of the territory

2 controlled by the Palestinian Authority is one of the

3 central issues of the Arab-Israeli conflict.

4 (2) The Palestinian threat to declare an inde5 pendent state unilaterally constitutes a fundamental

6 violation of the underlying principles of the Oslo Ac7 cords and the Middle East peace process.

8 (3) On March 11, 1999, the Senate overwhelm9 ingly adopted Senate Concurrent Resolution 5, and

10 on March 16, 1999, the House of Representatives

11 adopted House Concurrent Resolution 24, both of

12 which resolved that: ‘‘any attempt to establish Pales13 tinian statehood outside the negotiating process will

14 invoke the strongest congressional opposition.’’.

15 (4) On July 25, 2000, Palestinian Chairman

16 Arafat and Israeli Prime Minister Barak issued a

17 joint statement agreeing that the ‘‘two sides under18 stand the importance of avoiding unilateral actions

19 that prejudice the outcome of negotiations and that

20 their differences will be resolved in good-faith nego21 tiations’’.

22 SEC. 3. POLICY OF THE UNITED STATES.

23 It shall be the policy of the United States to oppose

24 the unilateral declaration of a Palestinian state, to with25 hold diplomatic recognition of any Palestinian state that
3

•HR 5272 IH

1 is unilaterally declared, and to encourage other countries

2 and international organizations to withhold diplomatic rec3 ognition of any Palestinian state that is unilaterally de4 clared.

5 SEC. 4. MEASURES TO BE APPLIED IF A PALESTINIAN

6 STATE IS UNILATERALLY DECLARED.

7 (a) MEASURES.—Notwithstanding any other provi8 sion of law, beginning on the date that a Palestinian state

9 is unilaterally declared and ending on the date such unilat10 eral declaration is rescinded or on the date of a signed

11 negotiated agreement between Israel and the Palestinian

12 Authority under the terms of which the establishment of

13 a Palestinian state is mutually agreed upon, the following

14 measures shall be applied:

15 (1) DOWNGRADE IN STATUS OF PALESTINIAN

16 OFFICE IN THE UNITED STATES.—

17 (A) Section 1003 of the Foreign Relations

18 Authorization Act, Fiscal Years 1988 and 1989

19 (Public Law 100–204) as enacted on December

20 22, 1987, shall have the full force and effect of

21 law, and shall apply notwithstanding any waiver

22 or suspension of such section that was author23 ized or exercised subsequent to December 22,

24 1987.
4

•HR 5272 IH

1 (B) For purposes of such section, the term

2 ‘‘Palestine Liberation Organization or any of its

3 constituent groups, any successor to any of

4 those, or any agents thereof’’ shall include the

5 Palestinian Authority and the government of

6 any unilaterally declared Palestinian state.

7 (C) Nothing in this paragraph shall be

8 construed to preclude—

9 (i) the establishment or maintenance

10 of a Palestinian information office in the

11 United States, operating under the same

12 terms and conditions as the Palestinian in13 formation office that existed prior to the

14 Oslo Accords; or

15 (ii) diplomatic contacts between Pales16 tinian officials and United States counter17 parts.

18 (2) PROHIBITION ON UNITED STATES ASSIST19 ANCE TO A UNILATERALLY DECLARED PALESTINIAN

20 STATE.—United States assistance may not be pro21 vided, directly or indirectly, to the government of a

22 unilaterally declared Palestinian state, the Pales23 tinian Authority, or to any successor or related enti24 ty.
5

•HR 5272 IH

1 (3) PROHIBITION ON UNITED STATES ASSIST2 ANCE TO THE WEST BANK AND GAZA.—United

3 States assistance (except humanitarian assistance)

4 may not be provided to programs or projects in the

5 West Bank or Gaza.

6 (4) AUTHORITY TO WITHHOLD PAYMENT OF

7 UNITED STATES CONTRIBUTIONS TO INTER8 NATIONAL ORGANIZATIONS THAT RECOGNIZE A UNI9 LATERALLY DECLARED PALESTINIAN STATE.—The

10 President is authorized to—

11 (A) withhold up to 10 percent of the

12 United States assessed contribution to any

13 international organization that recognizes a uni14 laterally declared Palestinian state; and

15 (B) reduce the United States voluntary

16 contribution to any international organization

17 that recognizes a unilaterally declared Pales18 tinian state up to 10 percent below the level of

19 the United States voluntary contribution to

20 such organization in the fiscal year prior to the

21 fiscal year in which such organization recog22 nized a unilaterally declared Palestinian state.

23 (5) OPPOSITION TO LENDING BY INTER24 NATIONAL FINANCIAL INSTITUTIONS.—The Sec25 retary of the Treasury shall instruct the United
6

•HR 5272 IH

1 States Executive Director at each international fi2 nancial institution (as defined in section 1701(c)(2)

3 of the International Financial Institutions Act) to

4 use the voice, vote, and influence of the United

5 States to oppose—

6 (A) membership for a unilaterally declared

7 Palestinian state in such institution, or other

8 recognition of a unilaterally declared Pales9 tinian state by such institution; and

10 (B) the extension by such institution to a

11 unilaterally declared Palestinian state of any

12 loan or other financial or technical assistance.

13 (6) LIMITATION ON USE OF FUNDS TO EXTEND

14 UNITED STATES RECOGNITION.—No funds available

15 under any provision of law may be used to extend

16 United States recognition to a unilaterally declared

17 Palestinian state, including, but not limited to,

18 funds for the payment of the salary of any ambas19 sador, consul, or other diplomatic personnel to such

20 a unilaterally declared state, or for the cost of estab21 lishing, operating, or maintaining an embassy, con22 sulate, or other diplomatic facility in such a unilater23 ally declared state.
7

•HR 5272 IH

1 (b) DEFINITION.—For purposes of paragraphs (2)

2 and (3) of subsection (a), the term ‘‘United States

3 assistance’’—

4 (1) means—

5 (A) assistance under the Foreign Assist6 ance Act of 1961 (22 U.S.C. 2151 et seq.),

7 except—

8 (i) assistance under chapter 8 of part

9 I of such Act (relating to international

10 narcotics control assistance);

11 (ii) assistance under chapter 9 of part

12 I of such Act (relating to international dis13 aster assistance); and

14 (iii) assistance under chapter 6 of

15 part II of such Act (relating to assistance

16 for peacekeeping operations);

17 (B) assistance under the Arms Export

18 Control Act (22 U.S.C. 2751 et seq.), including

19 the license or approval for export of defense ar20 ticles and defense services under section 38 of

21 that Act; and

22 (C) assistance under the Export-Import

23 Bank Act of 1945; and
8

•HR 5272 IH

1 (2) does not include counter-terrorism assist2 ance.

Æ