H. R. 1868—54
Law 103–236 and section 3(a) of Public Law 103–125 have
been used for the purposes for which they were intended.
(3) REQUIREMENT
FOR
CONTINUING
P.L.O. COMPLIANCE.—
(A) The President shall ensure that P.L.O. performance
is continuously monitored and if the President at any time
determines that the P.L.O. has not continued to comply
with all the commitments described in paragraph (4), he
shall so notify the relevant congressional committees and
any suspension under subsection (a) of a provision of law
specified in subsection (d) shall cease to be effective.
(B) Beginning six months after the date of enactment
of this Act, if the President on the basis of the continuous
monitoring of the P.L.O.’s performance determines that
the P.L.O. is not complying with the requirements
described in subsection (c), he shall so notify the relevant
congressional committees and no assistance shall be pro-
vided 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 sub-
section (c).
(4) P.L.O. COMMITMENTS
DESCRIBED.—The commitments
referred to in paragraphs (2)(B) and (3)(A) are the commitments
made by the P.L.O.—
(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 Resolu-
tions 242 and 338;
(iii) renounce the use of terrorism and other acts
of violence;
(iv) assume responsibility over all P.L.O. 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 Palestin-
ian National Covenant eliminating calls for Israel’s
destruction, and
(B) in, and resulting from, the good faith implementa-
tion 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 Interim Agreement
concerning—
(i) prevention of acts of terrorism and legal meas-
ures against terrorists, including the arrest and
prosecution of individuals suspected of perpetrating
acts of violence and terror;
(ii) abstention from and prevention of incitement,
including hostile propaganda;
(iii) operation of armed forces other than the Pal-
estinian Police;
H. R. 1868—55
(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 writ-
ten policy justification to be submitted to the relevant Congres-
sional Committees pursuant to paragraph (1), the President
will report on—
(A) the manner in which the P.L.O. 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 P.L.O. has fulfilled the
requirements specified in subsection (c);
(C) actions that the P.L.O. has taken with regard to
the Arab League boycott of Israel;
(D) the status and activities of the P.L.O. office in
the United States;
(E) all United States assistance which benefits, directly
or indirectly, the projects, programs, or activities of the
Palestinian Authority in Gaza, Jericho, or any other area
it may control, since September 13, 1993, including—
(i) the obligation and disbursal of such assistance,
by project, activity, and date, as well as by prime
contractor and all subcontractors;
(ii) the organizations or individuals responsible for
the receipt and obligation of such assistance;
(iii) the intended beneficiaries of such assistance;
and
(iv) the amount of international donor funds that
benefit the P.L.O. or the Palestinian Authority in Gaza,
Jericho, or any other area the P.L.O. or the Palestinian
Authority may control, and to which the United States
is a contributor; and
(F) statements by senior officials of the P.L.O., the
Palestinian Authority, and successor entities that question
the right of Israel to exist or urge armed conflict with
or terrorism against Israel or its citizens, including an
assessment of the degree to which such statements reflect
official policy of the P.L.O., the Palestinian Authority, or
successor entities.
(c) REQUIREMENT FOR CONTINUED PROVISION OF ASSISTANCE.—
Six months after the enactment of this Act, United States assistance
shall not be provided pursuant to the exercise by the President
H. R. 1868—56
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 2 months, effectively dis-
avowed and thereby nullified the articles of the Palestine
National Covenant which call for Israel’s destruction, unless
the necessary changes to the Covenant have already been
approved by the Palestine National Council;
(2) the P.L.O., the Palestinian Authority, and successor
entities have exercised their authority resolutely to establish
the necessary enforcement institutions; including laws, police,
and a judicial system, for apprehending, transferring, prosecut-
ing, convicting, and imprisoning terrorists;
(3) the P.L.O., has limited participation in the Palestinian
Authority and its successors to individuals and groups that
neither engage in nor practice terrorism or violence in the
implementation of their political goals;
(4) the P.L.O., the Palestinian Authority, and successor
entities have not provided any financial or material assistance
or training to any group, whether or not affiliated with the
P.L.O., to carry out actions inconsistent with the Declaration
of Principles, particularly acts of terrorism against Israel;
(5) the P.L.O., the Palestinian Authority, or successor enti-
ties have cooperated in good faith with Israeli authorities in—
(A) the preemption of acts of terrorism;
(B) the apprehension, trial, and punishment of individ-
uals who have planned or committed terrorist acts subject
to the jurisdiction of the Palestinian Authority or any
successor entity; and
(C) the apprehension of and transfer to Israeli authori-
ties of individuals suspected of, charged with, or convicted
of, planning or committing terrorist acts subject to Israeli
jurisdiction in accordance with the specific provisions of
the Interim Agreement;
(6) the P.L.O., the Palestinian Authority, and successor
entities have exercised their authority resolutely to enact and
implement laws requiring the disarming of civilians not specifi-
cally licensed to possess or carry weapons;
(7) the P.L.O., the Palestinian Authority, and successor
entities have not funded, either partially or wholly, or have
ceased funding, either partially or wholly, any office, or other
presence of the Palestinian Authority in Jerusalem unless
established by specific agreement between Israel and the
P.L.O., the Palestinian Authority, or successor entities;
(8) the P.L.O., the Palestinian Authority, and successor
entities are cooperating fully with the Government of the
United States on the provision of information on United States
nationals known to have been held at any time by the P.L.O.
or factions thereof; and
(9) the P.L.O., the Palestinian Authority, and successor
entities have not, without the agreement of the Government
of Israel, taken any steps that will change the status of Jerusa-
lem or the West Bank and Gaza Strip, pending the outcome
of the permanent status negotiations.
(d) PROVISIONS THAT MAY BE SUSPENDED.—The provisions that
may be suspended under the authority of subsection (a) are the
following:
H. R. 1868—57
(1) Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) as it applies with respect to the P.L.O. 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 P.L.O. 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 on the granting to the P.L.O. 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) DEFINITIONS.—As used in this title:
(1) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘rel-
evant congressional committees’’ mean—
(A) the Committee on International Relations, the
Committee on Banking and Financial Services, and the
Committee on Appropriations of the House of Representa-
tives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) UNITED STATES ASSISTANCE.—The term ‘‘United States
assistance’’ means any form of grant, loan, loan guarantee,
credit, insurance, in kind assistance, or any other form of
assistance.
TRANSITION PROVISION
SEC. 605. (a) IN GENERAL.—Section 583(a) of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103–236) is amended by striking ‘‘November 1, 1995’’ and inserting
‘‘January 1, 1996’’.
(b) CONSULTATION.—For purposes of any exercise of the author-
ity provided in section 583(a) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103–236) prior to
November 15, 1995, the written policy justification dated June
1, 1995, and submitted to the Congress in accordance with section
583(b)(1) of such Act, and the consultations associated with such
policy justification, shall be deemed to satisfy the requirements
of section 583(b)(1) of such Act.
REPORTING REQUIREMENT
SEC. 606. Section 804(b) of the PLO Commitments Compliance
Act of 1989 (title VIII of Public Law 101–246) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘sec-
tion (3)(b)(1) of the Middle East Peace Facilitation Act of 1994’’
and inserting ‘‘section 604(b)(1) of the Middle East Peace Facili-
tation Act of 1995’’; and
(2) in paragraph (1), by striking ‘‘section (4)(a) of the Middle
East Peace Facilitation Act of 1994 (Oslo commitments)’’ and
inserting ‘‘section 604(b)(4) of the Middle East Peace Facilita-
tion Act of 1995’’.
H. R. 1868—58
This Act may be cited as the ‘‘Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.