106TH CONGRESS

2D SESSION H. R. 5272

AN ACT

To provide for a United States response in the

event of a unilateral declaration of a Palestinianstate.

106TH CONGRESS

2D SESSION H. R. 5272

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Peace Through Nego3 tiations Act of 2000’’.

4 SEC. 2. FINDINGS.

5 Congress makes the following findings:

6 (1) Resolving the political status of the territory

7 controlled by the Palestinian Authority is one of the

8 central issues of the Arab-Israeli conflict.

9 (2) The Palestinian threat to declare an inde10 pendent state unilaterally constitutes a fundamental

11 violation of the underlying principles of the Oslo Ac12 cords and the Middle East peace process.

13 (3) On March 11, 1999, the Senate overwhelm14 ingly adopted Senate Concurrent Resolution 5, and

15 on March 16, 1999, the House of Representatives

16 adopted House Concurrent Resolution 24, both of

17 which resolved that: ‘‘any attempt to establish Pales18 tinian statehood outside the negotiating process will

19 invoke the strongest congressional opposition.’’.

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

21 Arafat and Israeli Prime Minister Barak issued a

22 joint statement agreeing that the ‘‘two sides under23 stand the importance of avoiding unilateral actions

24 that prejudice the outcome of negotiations and that

25 their differences will be resolved in good-faith nego26 tiations’’.
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1 SEC. 3. POLICY OF THE UNITED STATES.

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

3 the unilateral declaration of a Palestinian state, to with4 hold diplomatic recognition of any Palestinian state that

5 is unilaterally declared, and to encourage other countries

6 and international organizations to withhold diplomatic rec7 ognition of any Palestinian state that is unilaterally de8 clared.

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

10 STATE IS UNILATERALLY DECLARED.

11 (a) MEASURES.—Notwithstanding any other provi12 sion of law, beginning on the date that a Palestinian state

13 is unilaterally declared and ending on the date such unilat14 eral declaration is rescinded or on the date the President

15 notifies the Committee on International Relations of the

16 House of Representatives and the Committee on Foreign

17 Relations of the Senate that an agreement between Israel

18 and the Palestinian Authority regarding the establishment

19 of a Palestinian state has been concluded, the following

20 measures shall be applied:

21 (1) DOWNGRADE IN STATUS OF PALESTINIAN

22 OFFICE IN THE UNITED STATES.—

23 (A) Section 1003 of the Foreign Relations

24 Authorization Act, Fiscal Years 1988 and 1989

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

26 22, 1987, shall have the full force and effect of
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1 law, and shall apply notwithstanding any waiver

2 or suspension of such section that was author3 ized or exercised subsequent to December 22,

4 1987.

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

6 ‘‘Palestine Liberation Organization or any of its

7 constituent groups, any successor to any of

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

9 Palestinian Authority and the government of

10 any unilaterally declared Palestinian state.

11 (C) Nothing in this paragraph shall be

12 construed to preclude—

13 (i) the establishment or maintenance

14 of a Palestinian information office in the

15 United States, operating under the same

16 terms and conditions as the Palestinian in17 formation office that existed prior to the

18 Oslo Accords; or

19 (ii) diplomatic contacts between Pales20 tinian officials and United States counter21 parts.

22 (2) PROHIBITION ON UNITED STATES ASSIST23 ANCE TO A UNILATERALLY DECLARED PALESTINIAN

24 STATE.—United States assistance may not be pro25 vided to the government of a unilaterally declared
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1 Palestinian state, the Palestinian Authority, or to

2 any successor or related entity.

3 (3) PROHIBITION ON UNITED STATES ASSIST4 ANCE TO THE WEST BANK AND GAZA.—United

5 States assistance (except humanitarian assistance)

6 may not be provided to programs or projects in the

7 West Bank or Gaza.

8 (4) AUTHORITY TO WITHHOLD PAYMENT OF

9 UNITED STATES CONTRIBUTIONS TO INTER10 NATIONAL ORGANIZATIONS THAT RECOGNIZE A UNI11 LATERALLY DECLARED PALESTINIAN STATE.—The

12 President is authorized to—

13 (A) withhold up to 10 percent of the

14 United States assessed contribution to any

15 international organization that recognizes a uni16 laterally declared Palestinian state; and

17 (B) reduce the United States voluntary

18 contribution to any international organization

19 that recognizes a unilaterally declared Pales20 tinian state up to 10 percent below the level of

21 the United States voluntary contribution to

22 such organization in the fiscal year prior to the

23 fiscal year in which such organization recog24 nized a unilaterally declared Palestinian state.
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1 (5) OPPOSITION TO LENDING BY INTER2 NATIONAL FINANCIAL INSTITUTIONS.—The Sec3 retary of the Treasury shall instruct the United

4 States Executive Director at each international fi5 nancial institution (as defined in section 1701(c)(2)

6 of the International Financial Institutions Act) to

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

8 States to oppose—

9 (A) membership for a unilaterally declared

10 Palestinian state in such institution, or other

11 recognition of a unilaterally declared Pales12 tinian state by such institution; and

13 (B) the extension by such institution to a

14 unilaterally declared Palestinian state of any

15 loan or other financial or technical assistance.

16 (6) LIMITATION ON USE OF FUNDS TO EXTEND

17 UNITED STATES RECOGNITION.—No funds available

18 under any provision of law may be used to extend

19 United States recognition to a unilaterally declared

20 Palestinian state, including, but not limited to,

21 funds for the payment of the salary of any ambas22 sador, consul, or other diplomatic personnel to such

23 a unilaterally declared state, or for the cost of estab24 lishing, operating, or maintaining an embassy, con-
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1 sulate, or other diplomatic facility in such a unilater2 ally declared state.

3 (b) SUSPENSION OF MEASURES.—

4 (1) IN GENERAL.—The President may suspend

5 the application of any of paragraphs (3) through (5)

6 of subsection (a) for a period of not more than one

7 year if, with respect to the suspension of the applica8 tion of each such paragraph, the President deter9 mines and certifies to the Committee on Inter10 national Relations of the House of Representatives

11 and the Committee on Foreign Relations of the Sen12 ate that such suspension is in the national security

13 interest of the United States. Such certification shall

14 be accompanied by a justification for the basis of the

15 determination.

16 (2) RENEWAL.—The President may renew the

17 suspension of the application of any of paragraphs

18 (3) through (5) of subsection (a) for a successive pe19 riod or periods of not more than one year if, before

20 each such period, the President makes a determina21 tion and transmits a certification in accordance with

22 paragraph (1).

23 (3) ADDITIONAL REQUIREMENT.—A suspension

24 of the application of any of paragraphs (3) through

25 (5) of subsection (a) under paragraph (1) or para-
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1 graph (2) shall cease to be effective after one year

2 or at such earlier date as the President may specify.

3 (c) DEFINITION.—For purposes of paragraphs (2)

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

5 assistance’’—

6 (1) means—

7 (A) assistance under the Foreign Assist8 ance Act of 1961 (22 U.S.C. 2151 et seq.),

9 except—

10 (i) assistance under chapter 8 of part

11 I of such Act (relating to international

12 narcotics control assistance);

13 (ii) assistance under chapter 9 of part

14 I of such Act (relating to international dis15 aster assistance); and

16 (iii) assistance under chapter 6 of

17 part II of such Act (relating to assistance

18 for peacekeeping operations);

19 (B) assistance under the Arms Export

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

21 the license or approval for export of defense ar22 ticles and defense services under section 38 of

23 that Act; and

24 (C) assistance under the Export-Import

25 Bank Act of 1945; and
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1 (2) does not include counter-terrorism assist2 ance.

Passed the House of Representatives September 27,

2000.

Attest:

Clerk.