I

104TH CONGRESS

1ST SESSION H. R. 1930

To govern relations between the United States and the Palestine Liberation

Organization (PLO), to enforce PLO compliance with standards of international conduct, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 27, 1995

Mr. ENGEL (for himself, Mr. SAXTON, Mr. SCHUMER, and Mr. DELAY) 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 govern relations between the United States and the Palestine Liberation Organization (PLO), to enforce PLO

compliance with standards of international conduct, and

for other purposes.

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 ‘‘Middle East Peace

5 Compliance Act and PLO Accountability of 1995’’.
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1 SEC. 2. DEFINITIONS.

2 For the purposes of this Act—

3 (a) the term ‘‘Palestine Liberation Organiza4 tion’’ or ‘‘PLO’’ shall be defined as a membership

5 organization encompassing all constituent groups

6 and individuals that publicly demonstrate their alle7 giance to the PLO or receive funds from the PLO;

8 (b) for the purpose of this section, the term

9 ‘‘foreign assistance’’ shall be the same as that used

10 under section 634(b) of the Foreign Assistance Act

11 of 1961 (Public Law 87–195); and

12 (c) the term ‘‘Palestinian Authority’’ shall be

13 defined as the administrative entity established in

14 the self-rule areas of Gaza and the West Bank in ac15 cordance with the Declaration of Principles signed in

16 Washington, D.C., September 13, 1993, between Is17 rael and the PLO (PLO).

18 SEC. 3. MIDDLE EAST PEACE COMPLIANCE POLICY.

19 It is the policy and interest of the United States—

20 (a) to contribute to the advancement of peace

21 and security in the Middle East by supporting ef22 forts by Israel and the PLO to reach a nonviolent

23 resolution of their conflict under the terms of the

24 Declaration of Principles on Interim Self-Govern25 ment Arrangement signed in Washington, D.C., Sep26 tember 13, 1993;
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1 (b) to ensure that the PLO fully and meaning2 fully complies with the terms and conditions of all

3 agreements made between it and Israel;

4 (c) to demonstrate firm, consistent, and unam5 biguous opposition to terrorism by insisting that the

6 PLO and Palestinian Authority take significant, ma7 terial, and timely steps to preempt terrorist attacks;

8 (d) to ensure that the Palestinian Authority

9 fully accounts for basic human needs and infrastruc10 ture development funds expended by the United

11 States in Gaza and Jericho in accordance with

12 standard commercial principles and practices;

13 (e) to assist Israel and the PLO in cooperating

14 fully with United States law enforcement agencies to

15 apprehend, prosecute, and convict all individuals in16 volved in the criminal injury or death of United

17 States citizens or the willful damaging of United

18 States property;

19 (f) to hold the PLO and its administrative au20 thority in Gaza and Jericho accountable for unlawful

21 acts carried out within its jurisdiction or emanating

22 from territory under its administrative control;

23 (g) to ensure that all United States foreign as24 sistance evidence a clear commitment to democracy,

25 justice, and the rule of law and conform to estab-
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1 lished standards of financial management and ac2 countability; and

3 (h) to contribute to the long term security, sta4 bility, and economic health of the State of Israel

5 through the maintenance of close bilateral ties and,

6 to the greatest extent possible, to provide such levels

7 of assistance to Israel as are necessary and suffi8 cient to achieve these objectives.

9 SEC. 4. MIDDLE EAST PEACE COMPLIANCE FINDINGS AND

10 DETERMINATIONS.

11 (a) FINDINGS.—Pursuant to the commitments be12 tween Israel and the PLO described in section 6 of this

13 Act, the Congress makes the following findings:

14 (1) After decades of conflict, Israel and the

15 PLO have entered a new era which presents an his16 toric opportunity for peaceful coexistence and a sta17 ble democratic future for themselves and the region.

18 (2) The basis for this new relationship between

19 Israel and the PLO is the set of agreements to

20 which both parties are signatories and which ema21 nates from the Declaration of Principles on Interim

22 Self-Government Arrangements, signed in Washing23 ton, D.C., on September 13, 1993.

24 (3) The United States agrees to serve as a

25 partner in the effort to bring about long lasting rec-
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1 onciliation and understanding between Israel and the

2 PLO.

3 (4) The United States recognizes that all of the

4 agreements referred to in section 6 of the Act are

5 legally binding on Israel and the PLO, that they

6 were entered in freely and in good faith and that Is7 rael and the PLO are committed to their complete

8 fulfillment.

9 (5) The United States is relying upon Israel

10 and the PLO to honor their commitments to elected

11 representatives and officials of the United States

12 Government prior to and following the signing of the

13 Declaration of Principles, including the promise of

14 the PLO to halt terrorism emanating from areas

15 under its control.

16 (6) The United States is committed to provid17 ing funding for infrastructure development and basic

18 human needs in Gaza and Jericho, but not through

19 the PLO and only where the PLO and the Palestin20 ian Authority have demonstrated that they have

21 taken substantial, timely, and meaningful steps to22 wards full compliance under their respective agree23 ments.

24 (7) The United States is resolute in its deter25 mination to ensure that in providing assistance to
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1 Palestinians living under the administrative control

2 of the Palestinian Authority or elsewhere, the bene3 ficiaries of such assistance shall be held to the same

4 standard of financial accountability and manage5 ment control as any other recipient of United States

6 foreign assistance.

7 (8) Since the signing of the Declaration of

8 Principles, the United States has had sufficient time

9 to evaluate the sincerity, commitment, and effective10 ness with which Israel and the PLO have complied

11 with both the spirit and the letter of the joint agree12 ments to which they are signatories.

13 (b) DETERMINATIONS.—The Congress determines

14 the following:

15 (1) While there has been recent progress in

16 PLO efforts to comply with the commitments it

17 made, listed in section 6 of this Act, the PLO has

18 demonstrated significant disregard for both the spir19 it and the letter of the understandings contained in

20 those agreements.

21 (2) Information provided by the President on

22 the compliance of the PLO with its agreements has

23 often been ambiguous and has tended to focus only

24 on the positive aspects of PLO compliance.
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1 (3) In the following areas, the PLO specifically

2 has failed to take substantial, timely, and meaning3 ful steps to fulfill its commitments listed in section

4 6 of this Act.

5 (A) AMENDING THE PLO COVENANT—De6 spite the commitment made by the PLO in the

7 letter of September 9, 1993 between the PLO

8 leader and the Prime Mister of Israel, the PLO

9 has yet to repeal the provisions of its Charter

10 which declare Israel to be illegitimate and call

11 for its elimination through armed struggle.

12 (B) PREVENTING AND RESPONDING TO VI13 OLENCE AND TERRORISM.—Substantial addi14 tional steps are necessary for the PLO to com15 ply fully with its commitment under Article

16 XVIII of the Gaza-Jericho Agreement to pre17 vent acts of terrorism, crime, and hostilities di18 rected against Israel and Israelis. Congress be19 lieves that these steps should include banning

20 terrorist organizations, such as Hamas and Is21 lamic Jihad.

22 (C) INCITING VIOLENCE.—Despite para23 graph 1, Article XII of the Gaza-Jericho Agree24 ment, some prominent PLO officials, including

25 Chairman Yasir Arafat, have advocated holy
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1 war (jihad) against Israel, glorify terrorists,

2 and have issued propaganda delegitimizing Is3 raeli sovereignty, even within its pre-1967 bor4 ders.

5 (D) CONFISCATING UNAUTHORIZED WEAP6 ONS.—In violation of the terms of Section 8,

7 Article VIII, Annex I of the Gaza-Jericho

8 Agreement, the Palestinian Authority has yet to

9 take meaningful steps to enforce upon civilians

10 or paramilitary groups a prohibition on posses11 sion or carrying of weapons without a license.

12 (E) EXCLUDING TERRORISTS FROM SECU13 RITY SERVICES.—Despite the spirit of Section

14 4(b), Article III, Annex I of the Gaza-Jericho

15 Agreement, the PLO continues to employ police

16 who have committed serious crimes or acts of

17 terrorism.

18 (F) REFUSING TO TRANSFER SUSPECTED

19 TERRORISTS TO ISRAEL.—Despite Section 7,

20 Article II, Annex III of the Gaza-Jericho Agree21 ment, the Palestinian Authority has refused to

22 transfer certain individuals suspected in terror23 ist acts against Israeli citizens to Israeli au24 thorities.
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1 (G) LOCATING INSTITUTIONS OF THE PAL2 ESTINIAN AUTHORITY IN JERUSALEM.—Under

3 Article V of the Gaza-Jericho Agreement, the

4 geographical jurisdiction of the Palestinian Au5 thority is limited to the areas of the Gaza Strip,

6 Jericho, and other areas agreed to by the Par7 ties. By opening offices and institutions in Je8 rusalem, the Palestinian Authority has violated

9 the spirit of this provision.

10 (H) EXCEEDING THE AUTHORIZED NUM11 BER OF PALESTINIAN POLICE.—Despite sub12 section 3(c), Article III, Annex I of the Gaza13 Jericho Agreement which permits up to 9,000

14 Palestinian Police, the Palestinian Authority

15 has substantially exceeded this limit by main16 taining a police force of 15,000 to 20,000

17 members.

18 SEC. 5. MIDDLE EAST PEACE COMPLIANCE GENERAL RE19 STRICTIONS ON ASSISTANCE.

20 The following restrictions shall apply with regard to

21 all assistance provided by the United States under this

22 Act:

23 (a) No funds shall be made available under this

24 or any other Act to the PLO.
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1 (b) All funds obligated under this Act shall be

2 provided only by agencies or entities of the United

3 States Government, private voluntary organizations

4 designated by the Secretary of State, or multilateral

5 institutions which have transparent funding mecha6 nisms and are open to independent audits.

7 (c) No funds shall be obligated under this Act

8 for any project or activity in Jerusalem.

9 (d) No funds obligated under this Act shall be

10 made available, directly or indirectly, to Palestinian

11 Authority until the President meets the require12 ments set forth in section 7 of this Act.

13 (e) Funds obligated under this Act may only be

14 made available for humanitarian assistance, eco15 nomic development and infrastructure projects, de16 mocracy building, and combatting terrorism, or ac17 tivities which benefit Palestinians in areas under the

18 jurisdiction of the Palestinian Authority.

19 (f) No funds obligated under this or any other

20 Act shall be used for the purchase, lease, or acquisi21 tion by any means of lethal equipment for security

22 services related to the Palestinian Authority.

23 (g) No funds shall be made available under this

24 Act should the PLO or Palestinian Authority con25 clude a formal or informal arrangement with
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1 Hamas, Islamic Jihad, or any other group practicing

2 or supporting terrorism unless the arrangement cur3 tails terrorism.

4 (h) As set forth in section 585 of the Foreign

5 Operations, Export Financing, and Related Pro6 grams 1995 Appropriations and 1994 Supplemental

7 Appropriations Act (Public Law 103–306):

8 (1) None of the funds made available

9 under this or any other Act shall be obligated

10 or expended to create in any part of Jerusalem

11 a new office of any department or agency of the

12 United States Government for the purpose of

13 conducting official United States Government

14 business with the Palestinian Authority over

15 Gaza and Jericho or any successor Palestinian

16 governing entity provided for in the Israel-PLO

17 Declaration of Principles: Provided, That this

18 restriction shall not apply for the acquisition of

19 additional space for the existing Consulate Gen20 eral in Jerusalem.

21 (2) Meetings between officers and employ22 ees of the United States and officials of the

23 Palestinian Authority, or any successor Pal24 estinian governing entity provided for in the Is25 rael-PLO Declaration of Principles, for the pur-
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1 pose of conducting official United States Gov2 ernment business with such authority should

3 continue to take place in locations other than

4 Jerusalem. As has been true in the past, offi5 cers and employees of the United States Gov6 ernment may continue to meet in Jerusalem on

7 other subjects with Palestinians (including

8 those who now occupy positions in the Palestin9 ian Authority), have social contacts, and have

10 incidental discussions.

11 (i) No funds made available under this or any

12 other Act shall be provided to any individual who

13 has been convicted in a court of law of directly par14 ticipating in the planning or execution of a terrorist

15 activity which resulted in the death, injury, or kid16 naping of an American citizen.

17 SEC. 6. MIDDLE EAST PEACE COMMITMENTS DESCRIBED.

18 The commitments referred to under this Act and rec19 ognized by the United States are the legally binding com20 mitments made by the PLO and Israel in the following

21 declarations:

22 (a) The PLO letter of September 9, 1993, to

23 the Prime Minister of Israel.

24 (b) The PLO letter of September 9, 1993, to

25 the Foreign Ministry of Norway.
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1 (c) The Declaration of Principles on Interim

2 Self-Government Arrangements signed in Washing3 ton, D.C., on September 13, 1993.

4 (d) The Agreement between Israel and the PLO

5 signed in Cairo on May 4, 1994, also known as the

6 Gaza-Jericho Agreement.

7 (e) The Joint Communique between Israel and

8 the PLO issued at Blair House, in Washington,

9 D.C., February 12, 1995.

10 SEC. 7. MIDDLE EAST PEACE COMPLIANCE REQUIREMENTS

11 FOR THE TRANSFER OF FUNDS.

12 IN GENERAL.—None of the funds made available

13 under this Act shall be obligated until the following re14 quirements set forth in this section are fully met:

15 (a) CERTIFICATION OF COMPLIANCE.—Prior to

16 the exercise of the authority provided by subsection

17 (i) of this section, the President shall certify to the

18 Congress that the PLO and the Palestinian Author19 ity are complying by the commitments listed in sec20 tion 6 of this Act. The President may not exercise

21 that authority until 30 days after a written policy

22 justification is submitted to the relevant congres23 sional committees. For the written policy justifica24 tion applying to the certification prior to blocks A

25 and C of United States assistance, as established in
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1 subsection (j) of this section, such written policy jus2 tification shall include, but not be limited to, the fol3 lowing—

4 (1) a comprehensive evaluation of the com5 pliance record of the PLO and the Palestinian

6 Authority according to each specific commit7 ment set forth in the agreements and other in8 struments listed in section 6 of this Act;

9 (2) objective and subjective measures to

10 assess PLO compliance; and

11 (3) a measurement of PLO compliance

12 against each previous quarterly assessment.

13 For the written policy justification applying to the

14 certification prior to blocks B and D of United

15 States assistance, as established in subsection (j) of

16 this section, such written policy justification shall in17 clude, but not be limited to, a measurement of PLO

18 compliance against each previous quarterly assess19 ment.

20 (b) FINANCIAL ACCOUNTABILITY.—Ninety (90)

21 days after the passage of this Act and every 180

22 days thereafter, the President shall submit to the

23 relevant congressional committees a report which

24 provides an accounting of all United States assist25 ance which benefits, directly or indirectly, the
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1 projects, programs, or activities of the Palestinian

2 Authority in areas under its jurisdiction including,

3 but not limited to—

4 (1) the obligation and disbursal of all

5 funds, by project, activity, and date, as well as

6 by prime contractor;

7 (2) the organization(s) or individual(s) re8 sponsible for the receipt and obligation of Unit9 ed States assistance;

10 (3) the amount of both private and inter11 national donor funds that benefit the PLO or

12 the Palestinian Authority and to which the

13 United States is a contributor; and

14 (4) the ultimate beneficiaries of the assist15 ance.

16 (c) REPORT ON THE POSSIBLE MISUSE OF

17 FUNDS.—Ninety (90) days following the passage of

18 this Act, the President shall provide to the relevant

19 congressional committees a comprehensive account20 ing to the extent possible of all credits, guarantees,

21 insurance, in-kind assistance, and other resource

22 transfers to the Palestinian Authority provided by

23 the United States, other nations, or multilateral in24 stitutions or donor groups which may have been mis25 used, diverted, or illegally converted for purposes
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1 other than those originally intended by the donors.

2 In preparing this report, the President shall review

3 a report on this subject prepared by the General Ac4 counting Office. If there is evidence of misuse of

5 funds, the report shall include, but not be limited to,

6 a discussion of—

7 (1) the possible reasons for the diversion of

8 resources and the likely use toward which they

9 were put;

10 (2) the manner and mechanism(s) by

11 which the resources were misdirected;

12 (3) the person(s) and institution(s) likely

13 responsible for the misdirection of the re14 sources; and

15 (4) the efforts being made by the Palestin16 ian Authority and the PLO, the United States

17 Government, and the international community

18 to account for and recover any misdirected re19 sources.

20 (d) PENALTIES AND DEDUCTIONS.—

21 (1) The President shall deduct one dollar

22 from block C of United States assistance, as es23 tablished under subsection (j) of this section,

24 for each dollar identified in the report, provided

25 under subsection (c) of this section, which has
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1 been diverted for purposes other than what they

2 were originally intended from block A of United

3 States assistance, as established under sub4 section (j) of this section.

5 (2) The President shall deduct one dollar

6 from block D of United States assistance, as es7 tablished under subsection (j) of this section,

8 for each dollar identified in the report, provided

9 under subsection 3 of this section, which has

10 been diverted for purposes other than what they

11 were originally intended from block B of United

12 States assistance, as established under sub13 section (j) of this section.

14 (e) MATTERS TO BE CONSIDERED.—In deter15 mining whether to make the certification required by

16 subsection (a) of this section, the President shall

17 consider the following:

18 (1) Have the actions of the PLO resulted

19 in reductions in terrorism carried out by mem20 bers or affiliates of the PLO? Has the PLO

21 leadership publicly, in Arabic and using major

22 print and electronic media outlets, strongly con23 demned acts of terrorism against Israel and the

24 West each time they occur?
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1 (2) Has the Palestinian Authority taken

2 legal and law enforcement measures to enforce

3 in areas under its administrative control, to the

4 maximum extent possible, the elimination of

5 terrorist acts and the suppression of criminal

6 elements responsible for terrorism as evidenced

7 by the seizure of illegal weapons, the closure of

8 offices and training areas belonging to terrorist

9 organizations, and the arrest and prosecution of

10 violators involved in the incitement, recruit11 ment, training, planning, or conduct of terrorist

12 operations affecting the United States, Israel,

13 or other countries?

14 (3) Has the Palestinian Authority taken

15 the legal and law enforcement steps to combat,

16 in cooperation with Israel, to the maximum ex17 tent possible, the laundering of profits derived

18 from smuggling, narcotics trafficking, illegal

19 weapons transactions or other criminal activity

20 as evidenced by the enactment and enforcement

21 by the PLO of laws prohibiting such conduct?

22 (4) Has the Palestinian Authority taken

23 meaningful legal and law enforcement steps to

24 eliminate bribery and other forms of public cor25 ruption which facilitate the execution of terror-
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1 ist acts or which discourage the investigation

2 and prosecution of such acts, as evidenced by

3 the enactment and enforcement of laws prohib4 iting such conduct?

5 (5) Has the PLO, as a matter of policy or

6 practice, encouraged or facilitated the continued

7 sponsorship of terrorist acts?

8 (6) Does any senior official of the PLO en9 gage in, encourage, or facilitate the incitement,

10 recruitment, training, planning, or conduct of

11 terrorist operations affecting the United States,

12 Israel, or other states or condone other inter13 nationally recognized criminal activity?

14 (7) Has the Palestinian Authority adopted

15 legal codes in order to enable law enforcement

16 officials to move more effectively against terror17 ists, the supporters of terrorism, and other re18 lated criminal elements, such as effective con19 spiracy laws and asset seizure laws?

20 (8) Has the PLO expeditiously processed

21 Israeli requests for transfer of those accused of

22 involvement in terrorism, narcotics trafficking,

23 or other criminal offenses?

24 (9) Has the PLO refused to protect or

25 given haven to any known terrorist, drug traf-
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1 ficker, or others accused or convicted of a seri2 ous criminal offense?

3 (10) Has the PLO cooperated, both pub4 licly and privately, with efforts undertaken by

5 the President of the United States to end the

6 Arab League boycott of Israel and if so, to

7 what extent and to what practical effect?

8 (f) ASSISTANCE TO FOREIGN COUNTRIES TO

9 PROCURE EXPLOSIVE DETECTION DEVICES AND

10 OTHER COUNTERTERROISM TECHNOLOGY.—There is

11 authorized to be appropriated not to exceed

12 $10,000,000 for each fiscal year to the Attorney

13 General to provide assistance to foreign countries

14 facing an imminent danger of terrorist attack that

15 threatens the national interest of the United States

16 or puts United States nationals at risk—

17 (1) in obtaining explosive detection devices

18 and other counterterrorism technology; and

19 (2) in conducting research and develop20 ment projects of such technology.

21 (g) REVIEW OF LEGISLATION.—Within 180

22 days of enactment of this Act, the President shall

23 carry out and report to the relevant congressional

24 committees a thorough review of pertinent legislation

25 affecting the status of the PLO to include, but not
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1 be limited to, title X of Public Law 100–204 and

2 shall recommend to Congress modifications consist3 ent with United States policy toward countering ter4 rorism and promoting peace in the Middle East.

5 (h) PRESIDENTIAL DISCLOSURE.—All agree6 ments, understandings, or promises, either formal or

7 informal, connected with the implementation of the

8 Declaration of Principles, shall be transmitted to

9 Congress in accordance with the section 112b, title

10 I, United States Code. These agreements, under11 standings, or promises include those which—

12 (A) comment the United States to any

13 course of action in its foreign, diplomatic, or se14 curity policies; and

15 (B) commit the United States to provide

16 funds or other forms of assistance for particu17 lar projects or activities.

18 (i) PROVISIONS THAT MAY BE SUSPENDED.—

19 Subject to the requirements of section 7 of this Act

20 and prior consultation with the relevant congres21 sional committees, the President may suspend only

22 the following provisions of law for a period of not

23 more than ninety (90) days following enactment of

24 this Act:
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1 (A) Section 307 of the Foreign Assistance

2 Act of 1961 (22 U.S.C. 2227) as it applies with

3 respect to the PLO or entities associated with

4 it.

5 (B) Section 114 of the Department of

6 State Authorization Act, fiscal years 1984 and

7 1985 (22 U.S.C. 287e note) as it applies with

8 respect to the PLO or entities associated with

9 it.

10 (C) Section 1003 of the Foreign Relations

11 Authorization Act, fiscal years 1988 and 1989

12 (22 U.S.C. 5202).

13 (D) Section 37 of the Bretton Woods

14 Agreement Act (22 U.S.C. 286w) as it applies

15 to the granting to the PLO of observer status

16 or other official status at any meeting spon17 sored by or associated with the International

18 Monetary Fund. As used in this paragraph, the

19 term ‘‘other official status’’ does not include

20 membership in the International Monetary

21 Fund.

22 The President may continue the suspension for peri23 ods of not more than ninety (90) days until the expi24 ration of this Act, if before such period, the Presi25 dent satisfies the requirements of subsection (a) of
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1 this section and consults with the chairpersons of

2 the relevant congressional committees. Any suspen3 sion shall cease to be effective after ninety (90) days

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

5 (j) United States assistance under this Act shall

6 be divided into four portions, called ‘‘block A’’,

7 ‘‘block B’’, ‘‘block C’’, and ‘‘block D’’, each contain8 ing one quarter of the funds authorized under this

9 Act. Block A may be obligated during the first nine10 ty (90) days following passage of this legislation.

11 Block B may be obligated during the second ninety

12 (90) days three months following passage of this leg13 islation. Block C may be obligated during the third

14 ninety (90) days following passage of this legislation.

15 Block D may be obligated during the fourth ninety

16 (90) days following passage of this legislation.

17 SEC. 8. FINANCIAL DISCLOSURE.

18 (a) Within ninety (90) days of the enactment of this

19 Act, the President shall report to the relevant congres20 sional committees, in classified form if necessary, provid21 ing, to the maximum extent possible, a description of the

22 PLO’s and Palestinian Authority’s assets and income for

23 the prior year. The report shall include an assessment of

24 what percentage of their respective assets and income the

25 PLO and the Palestinian Authority are spending and in-
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1 vesting for the welfare and benefit of the Palestinian peo2 ple and for purposes related to the duties and functions

3 of the Palestinian Authority, as authorized under agree4 ments between Israel and the PLO. If the President deter5 mines that the report transmitted to Congress is based

6 on incomplete information, he shall request that the PLO

7 and the Palestinian Authority provide to the United States

8 comprehensive financial statement of assets and income.

9 The President shall consult with the relevant congres10 sional committees on the response to and any information

11 obtained pursuant to this request.

12 (b) The President shall report to the relevant con13 gressional committees, in both classified and unclassified

14 form, no later than September 1, 1995, and every 180

15 days thereafter, on all assistance provided by the multi16 national donor community to the PLO and the Palestinian

17 Authority, or any affiliated organization or entity, both di18 rectly and indirectly, to include—

19 (1) the amount of such assistance, by project,

20 and whether the assistance is provided in cash or in

21 kind;

22 (2) the organization or entity through which the

23 international assistance is disbursed;

24 (3) the use(s), by project, to which the inter25 national assistance is being put; and
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1 (4) the ultimate beneficiaries of the assistance.

2 SEC. 9. ACCOUNTABILITY FOR PAST PLO TERRORISM.

3 (a) Not later than ninety (90) days after the enact4 ment of this Act, the President shall report to the relevant

5 congressional committees on the following:

6 (1) COOPERATION WITH UNITED STATES INVES7 TIGATIONS.—Whether the PLO has taken and is

8 continuing to take substantial, material, and timely

9 steps to provide information requested by United

10 States law enforcement agencies to assist in the ar11 rest and transfer to the United States for prosecu12 tion of individuals connected, directly or indirectly,

13 with the PLO and alleged to have been responsible

14 for terrorist attacks on American citizens or prop15 erty since 1964. Such report shall include, but not

16 be limited to, steps the PLO is taking in relation to

17 the kidnapping or murders of—

18 (A) David Berger in Munich, Germany in

19 September 1972;

20 (B) Cleo A. Noel, Jr., United States Am21 bassador to the Sudan, and G. Curtis Moore,

22 United States diplomat, in Khartoum on March

23 2, 1973;

24 (C) Gail Rubin in Israel on March 11,

25 1978;
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1 (D) Leon Klinghoffer on the cruise ship

2 Achille Lauro on October 8, 1985; and

3 (E) Gail Klein in Jerusalem on October

4 15, 1986.

5 (2) SPECIFIC ACTS OF TERORISM.—Included in

6 this report shall be any information on—

7 (A) the name, date, location, and cir8 cumstance of all Americans alleged to have been

9 killed or injured, directly or indirectly, by mem10 bers, agents, supporters, or surrogates of the

11 PLO from 1964 to the present;

12 (B) the name of perpetrators, date, precise

13 location, and circumstances of all terrorists acts

14 occurring in Israel, the West Bank, or the Gaza

15 Strip against Israelis or others by any individ16 ual, entity, or group, controlled by the PLO. If

17 known, this report shall include, in classified

18 form if necessary.—

19 (1) where the violent incident was

20 planned, organized, and launched;

21 (2) how and through what means the

22 incident was funded;

23 (3) the source and type of any lethal

24 equipment used in any violent incident;

25 and
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1 (4) whether the United States has

2 been able to independently confirm infor3 mation provided by Israel or the PLO re4 garding violent incidents reported under

5 this subsection.

6 (3) UNITED STATES REQUESTS FOR TRANSFER

7 OF TERRORISTS.—Included in this report shall be in8 formation on whether the United States has re9 quested that the PLO transfer to the United States

10 for the purpose of criminal prosecution those individ11 uals against whom there is strong evidence of com12 plicity in acts of terrorism in which a United States

13 citizen was injured or killed. If the United States

14 has made not made a request or requests for trans15 fer of such an individual or individuals, the Presi16 dent shall report to the relevant congressional com17 mittees as to why no request for transfer has been

18 issued.

19 (4) STATUS OF WARRANTS FOR PERPETRATORS

20 OF PAST PLO TERRORISM.—Included in this report

21 shall be the status of all warrants issued by United

22 States law enforcement agencies, Interpol, or other

23 international police authorities, for the arrest of

24 members of the PLO, to include, but not be limited

25 to, the name of the individual, the date and nature
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1 of the crime alleged to have been committed, the

2 statute under which prosecution is being sought, and

3 the level and nature of the cooperation provided by

4 the PLO in the apprehension, prosecution, and con5 viction of individual(s).

6 (5) DISPOSITION OF UNITED STATES INVES7 TIGATIONS.—Included in this report shall be the dis8 position of all past and current investigations into

9 the criminal activities of the PLO as well as the

10 warrants for the arrest of alleged members of the

11 PLO that have been revoked or suspended by agen12 cies or entities of the United States Government

13 since 1964 and the reason for the revocation or sus14 pension. If no such investigations are underway or

15 such warrants outstanding, the President shall re16 port to the relevant congressional committees as to

17 why such criminal investigations are not taking

18 place.

19 (6) ALL PLO OFFICIALS EVER SUBJECT TO

20 WARRANT.—Included in this report shall be the

21 name of any individual who currently serves as an

22 official or agent of the PLO or the Palestinian Au23 thority who at any time has been the subject to a

24 United States or international arrest warrant or has
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1 been placed on a United States Government ‘‘watch

2 list’’.

3 (c) VICTIMS OF TERRORISM COMPENSATION.—No

4 later than ninety (90) days after the enactment of this

5 Act, the President shall report to the relevant congres6 sional committees on steps the PLO is taking to provide

7 full and fair compensation to United States victims of

8 PLO terrorism, as adjudicated in a United States court

9 of law.

10 (d) PRESIDENTIAL DISCLOSURE.—Any agreements,

11 understandings, or promises, either formal or informal,

12 which—

13 (1) provide assurances to particular individuals

14 who may or may not be targets of a United States

15 or international criminal investigation; and

16 (2) extend to particular individuals the promise

17 of protection or safety should future circumstances

18 warrant—

19 shall be transmitted to Congress in accordance with the

20 section 112b, title I, United States Code.

21 SEC. 10. PROHIBITION ON FORMAL DIPLOMATIC REP22 RESENTATION.

23 Notwithstanding any other provision of law, no offi24 cer or agency of the United States shall undertake and

25 no funds shall be obligated for any activity leading to the
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1 establishment, on either a temporary or permanent basis,

2 of any United States diplomatic post, including an em3 bassy, consulate, or interest section in any area under the

4 jurisdiction of the Palestinian Authority. This section shall

5 not apply to personnel sent to and offices established in

6 said areas for the purpose of coordinating and distributing

7 United States funds for the purposes established in section

8 5(e).

9 SEC. 11. RELEVANT CONGRESSIONAL COMMITTEES DE10 FINED.

11 As used in this Act, the term ‘‘relevant congressional

12 committees’’ means—

13 (a) the Committee on International Relations,

14 the Committee on Banking and Financial Services,

15 and the Committee on Appropriations of the House

16 of Representatives; and

17 (2) the Committee on Foreign Relations, the

18 Committee on Appropriations, and the Committee on

19 Banking, Housing, and Urban Affairs of the Senate.

20 SEC. 12. TERM OF THIS ACT.

21 This Act shall become effective upon the date of en22 actment and expire no earlier than one year from the date

23 of enactment.

Æ