H. R. 1868—50
Act Amendments of 1995, the President should evaluate the
degree to which any country emerging from communist domina-
tion which has expressed its interest in joining NATO meets
the criteria set forth in paragraph (3), and may designate
one or more of these countries as eligible to receive assistance
under the program established under subsection (a). The Presi-
dent shall, at the time of designation of any country pursuant
to this paragraph, determine and report to the Committees
on International Relations and Appropriations of the House
of Representatives and the Committees on Foreign Relations
and Appropriations of the Senate with respect to each country
so designated that such country meets the criteria set forth
in paragraph (3).
‘‘(2) OTHER
EUROPEAN
COUNTRIES
EMERGING
FROM
COM-
MUNIST DOMINATION.—In addition to the countries designated
pursuant to paragraph (1), the President may at any time
designate other European countries emerging from communist
domination as eligible to receive assistance under the program
established under subsection (a). The President shall, at the
time of designation of any country pursuant to this paragraph,
determine and report to the Committees on International Rela-
tions and Appropriations of the House of Representatives and
the Committees on Foreign Relations and Appropriations of
the Senate with respect to each country so designated that
such country meets the criteria set forth in paragraph (3).
‘‘(3) CRITERIA.—The criteria referred to in paragraphs (1)
and (2) are, with respect to each country, that the country—
‘‘(A) has made significant progress toward establish-
ing—
‘‘(i) shared values and interests;
‘‘(ii) democratic governments;
‘‘(iii) free market economies;
‘‘(iv) civilian control of the military, of the police,
and of intelligence services, so that these organizations
do not pose a threat to democratic institutions,
neighboring countries, or the security of NATO or the
United States;
‘‘(v) adherence to the rule of law and to the values,
principles, and political commitments set forth in the
Helsinki Final Act and other declarations by the mem-
bers of the Organization on Security and Cooperation
in Europe;
‘‘(vi) commitment to further the principles of NATO
and to contribute to the security of the North Atlantic
area;
‘‘(vii) commitment to protecting the rights of all
their citizens and respecting the territorial integrity
of their neighbors;
‘‘(viii) commitment and ability to accept the obliga-
tions, responsibilities, and costs of NATO membership;
and
‘‘(ix) commitment and ability to implement infra-
structure development activities that will facilitate
participation in and support for NATO military activi-
ties;
‘‘(B) is likely, within five years of such determination,
to be in a position to further the principles of the North
H. R. 1868—51
Atlantic Treaty and to contribute to the security of the
North Atlantic area; and
‘‘(C) is not ineligible to receive assistance under section
552 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996, with respect
to transfers of equipment to a country the government
of which the Secretary of State has determined is a terrorist
government for purposes of section 40(d) of the Arms
Export Control Act.’’.
(2) CONFORMING AMENDMENTS.—
(A) Subsections (b) and (c) of section 203 of such Act are
amended by striking ‘‘countries described in such subsection’’
each of the two places it appears and inserting ‘‘countries
designated under subsection (d)’’.
(B) Subsection (e) of section 203 of such Act is amended
by inserting ‘‘(22 U.S.C. 2394–1), and shall include with such
notification a memorandum of justification with respect to the
proposed designation’’ before the period at the end.
(b) TYPES
OF ASSISTANCE.—Section 203(c) of such Act is
amended by inserting after paragraph (4) the following new para-
graphs:
‘‘(5) Assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the Economic Support Fund).
‘‘(6) Funds appropriated under the ‘‘Nonproliferation and
Disarmament Fund’’ account.
‘‘(7) Assistance under chapter 6 of part II of the Foreign
Assistance Act of 1961 (relating to peacekeeping operations
and other programs).
‘‘(8) Notwithstanding any other provision of law, including
any restrictions in sections 516 and 519 of the Foreign Assist-
ance Act of 1961, as amended, the President may direct the
crating, packing, handling, and transportation of excess defense
articles provided pursuant to paragraphs (1) and (2) of this
subsection without charge to the recipient of such articles.’’.
(c) EFFECT ON OTHER AUTHORITIES.—Section 203 of the NATO
Participation Act of 1994 (title II of Public Law 103–447, 22 U.S.C.
1928 note), is amended to add a new subsection (g) to read as
follows:
‘‘(g) EFFECT ON OTHER AUTHORITIES.—Nothing in this Act shall
affect the eligibility of countries to participate under other provi-
sions of law in programs described in this Act.’’.
(d) ANNUAL REPORT.—Section 205 of the NATO Participation
Act of 1994 (title II of Public Law 103–447; 22 U.S.C. 1928 note)
is amended:
(1) by inserting ‘‘ANNUAL’’ in the section heading before
the first word;
(2) by inserting ‘‘annual’’ after ‘‘include in the’’ in the matter
preceding paragraph (1); and
(3) in paragraphs (1) and (2), by striking ‘‘and other’’ and
all that follows through the period at the end and in both
instances inserting in lieu thereof ‘‘and any other country des-
ignated by the President pursuant to section 203(d).’’.
H. R. 1868—52
TITLE VI—MIDDLE EAST PEACE FACILITATION ACT OF 1995
SHORT TITLE
SEC. 601. This title may be cited as the ‘‘Middle East Peace
Facilitation Act of 1995’’.
FINDINGS
SEC. 602. The Congress finds that—
(1) the Palestine Liberation Organization (hereafter the
‘‘P.L.O.’’) 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 P.L.O. elements and personnel in order
to assure their compliance, prevent violations, and discipline
violators;
(2) Israel has recognized the P.L.O. as the representative
of the Palestinian people;
(3) Israel and the P.L.O. signed a Declaration of Principles
on Interim Self-Government Arrangements (hereafter the ‘‘Dec-
laration of Principles’’) on September 13, 1993 at the White
House;
(4) Israel and the P.L.O. 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 P.L.O. signed an Agreement on Pre-
paratory 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 Israeli-Palestinian Interim
Agreement on the West Bank and Gaza (hereafter the ‘‘Interim
Agreement) signed on September 28, 1995, 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;
(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 P.L.O.’s renunciation of terrorism, pro-
vided authorities to the President to suspend certain statutory
restrictions relating to the P.L.O., subject to Presidential certifi-
cations that the P.L.O. 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 P.L.O. commitments relevant to Presidential certifi-
cations have included commitments to renounce and condemn
terrorism, to submit to the Palestinian National Council for
former 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
H. R. 1868—53
(10) the United States is resolute in its determination
to ensure that in providing assistance to Palestinians living
under the jurisdiction of the Palestinian Authority or elsewhere,
the beneficiaries of such assistance shall be held to the same
standard of financial accountability and management control
as any other recipient of United States assistance.
SENSE OF CONGRESS
SEC. 603. It is the sense of the Congress that the P.L.O.
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 Palestinian National Council for formal
approval the necessary changes to those articles of the Palestin-
ian National Covenant which call for Israel’s destruction;
(2) make greater efforts to pre-empt acts of terror, discipline
violators and contribute to stemming the violence that has
resulted in the deaths of over 140 Israeli and United States
citizens since the signing of the Declaration of Principles;
(3) prohibit participation in its activities and in the Pal-
estinian Authority and its successors by any groups or individ-
uals which continue to promote and commit acts of terrorism;
(4) cease all anti-Israel rhetoric, which potentially under-
mines the peace process;
(5) confiscate all unlicensed weapons;
(6) transfer and cooperate in transfer proceedings relating
to any person accused by Israel to acts of terrorism; and
(7) respect civil liberties, human rights and democratic
norms.
AUTHORITY TO SUSPEND CERTAIN PROVISIONS
SEC. 604. (a) IN GENERAL.—Subject to subsection (b), beginning
on the date of enactment of this Act and for eighteen 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 commit-
tees.
(2) PRESIDENTIAL CERTIFICATION.—The President may exer-
cise the authority provided in subsection (a) only if the Presi-
dent 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 P.L.O., the Palestinian Authority, and successor
entities are complying 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