IIB
106TH CONGRESS
2D SESSION
H. R. 5272
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000
Received and read the first time
AN ACT
To provide for a United States response in the event of
a unilateral declaration of a Palestinian state.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Peace Through Nego-
tiations Act of 2000’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Resolving the political status of the territory
controlled by the Palestinian Authority is one of the
central issues of the Arab-Israeli conflict.
(2) The Palestinian threat to declare an inde-
pendent state unilaterally constitutes a fundamental
violation of the underlying principles of the Oslo Ac-
cords and the Middle East peace process.
(3) On March 11, 1999, the Senate overwhelm-
ingly adopted Senate Concurrent Resolution 5, and
on March 16, 1999, the House of Representatives
adopted House Concurrent Resolution 24, both of
which resolved that: ‘‘any attempt to establish Pales-
tinian statehood outside the negotiating process will
invoke the strongest congressional opposition.’’.
(4) On July 25, 2000, Palestinian Chairman
Arafat and Israeli Prime Minister Barak issued a
joint statement agreeing that the ‘‘two sides under-
stand the importance of avoiding unilateral actions
that prejudice the outcome of negotiations and that
their differences will be resolved in good-faith nego-
tiations’’.
SEC. 3. POLICY OF THE UNITED STATES.
It shall be the policy of the United States to oppose
the unilateral declaration of a Palestinian state, to with-
hold diplomatic recognition of any Palestinian state that
is unilaterally declared, and to encourage other countries
and international organizations to withhold diplomatic rec-
ognition of any Palestinian state that is unilaterally de-
clared.
SEC. 4. MEASURES TO BE APPLIED IF A PALESTINIAN
STATE IS UNILATERALLY DECLARED.
(a) MEASURES.—Notwithstanding any other provi-
sion of law, beginning on the date that a Palestinian state
is unilaterally declared and ending on the date such unilat-
eral declaration is rescinded or on the date the President
notifies the Committee on International Relations of the
House of Representatives and the Committee on Foreign
Relations of the Senate that an agreement between Israel
and the Palestinian Authority regarding the establishment
of a Palestinian state has been concluded, the following
measures shall be applied:
(1) DOWNGRADE IN STATUS OF PALESTINIAN
OFFICE IN THE UNITED STATES.—
(A) Section 1003 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989
(Public Law 100–204) as enacted on December
22, 1987, shall have the full force and effect of
law, and shall apply notwithstanding any waiver
or suspension of such section that was author-
ized or exercised subsequent to December 22,
1987.
(B) For purposes of such section, the term
‘‘Palestine Liberation Organization or any of its
constituent groups, any successor to any of
those, or any agents thereof’’ shall include the
Palestinian Authority and the government of
any unilaterally declared Palestinian state.
(C) Nothing in this paragraph shall be
construed to preclude—
(i) the establishment or maintenance
of a Palestinian information office in the
United States, operating under the same
terms and conditions as the Palestinian in-
formation office that existed prior to the
Oslo Accords; or
(ii) diplomatic contacts between Pales-
tinian officials and United States counter-
parts.
(2) PROHIBITION ON UNITED STATES ASSIST-
ANCE TO A UNILATERALLY DECLARED PALESTINIAN
STATE.—United States assistance may not be pro-
vided to the government of a unilaterally declared
Palestinian state, the Palestinian Authority, or to
any successor or related entity.
(3) PROHIBITION ON UNITED STATES ASSIST-
ANCE
TO
THE
WEST
BANK
AND
GAZA.—United
States assistance (except humanitarian assistance)
may not be provided to programs or projects in the
West Bank or Gaza.
(4) AUTHORITY
TO
WITHHOLD
PAYMENT
OF
UNITED
STATES
CONTRIBUTIONS
TO
INTER-
NATIONAL ORGANIZATIONS THAT RECOGNIZE A UNI-
LATERALLY
DECLARED
PALESTINIAN
STATE.—The
President is authorized to—
(A) withhold up to 10 percent of the
United States assessed contribution to any
international organization that recognizes a uni-
laterally declared Palestinian state; and
(B) reduce the United States voluntary
contribution to any international organization
that recognizes a unilaterally declared Pales-
tinian state up to 10 percent below the level of
the United States voluntary contribution to
such organization in the fiscal year prior to the
fiscal year in which such organization recog-
nized a unilaterally declared Palestinian state.
(5) OPPOSITION
TO
LENDING
BY
INTER-
NATIONAL
FINANCIAL
INSTITUTIONS.—The Sec-
retary of the Treasury shall instruct the United
States Executive Director at each international fi-
nancial institution (as defined in section 1701(c)(2)
of the International Financial Institutions Act) to
use the voice, vote, and influence of the United
States to oppose—
(A) membership for a unilaterally declared
Palestinian state in such institution, or other
recognition of a unilaterally declared Pales-
tinian state by such institution; and
(B) the extension by such institution to a
unilaterally declared Palestinian state of any
loan or other financial or technical assistance.
(6) LIMITATION ON USE OF FUNDS TO EXTEND
UNITED STATES RECOGNITION.—No funds available
under any provision of law may be used to extend
United States recognition to a unilaterally declared
Palestinian state, including, but not limited to,
funds for the payment of the salary of any ambas-
sador, consul, or other diplomatic personnel to such
a unilaterally declared state, or for the cost of estab-
lishing, operating, or maintaining an embassy, con-
sulate, or other diplomatic facility in such a unilater-
ally declared state.
(b) SUSPENSION OF MEASURES.—
(1) IN GENERAL.—The President may suspend
the application of any of paragraphs (3) through (5)
of subsection (a) for a period of not more than one
year if, with respect to the suspension of the applica-
tion of each such paragraph, the President deter-
mines and certifies to the Committee on Inter-
national Relations of the House of Representatives
and the Committee on Foreign Relations of the Sen-
ate that such suspension is in the national security
interest of the United States. Such certification shall
be accompanied by a justification for the basis of the
determination.
(2) RENEWAL.—The President may renew the
suspension of the application of any of paragraphs
(3) through (5) of subsection (a) for a successive pe-
riod or periods of not more than one year if, before
each such period, the President makes a determina-
tion and transmits a certification in accordance with
paragraph (1).
(3) ADDITIONAL REQUIREMENT.—A suspension
of the application of any of paragraphs (3) through
(5) of subsection (a) under paragraph (1) or para-
graph (2) shall cease to be effective after one year
or at such earlier date as the President may specify.
(c) DEFINITION.—For purposes of paragraphs (2)
and (3) of subsection (a), the term ‘‘United States
assistance’’—
(1) means—
(A) assistance under the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.),
except—
(i) assistance under chapter 8 of part
I of such Act (relating to international
narcotics control assistance);
(ii) assistance under chapter 9 of part
I of such Act (relating to international dis-
aster assistance); and
(iii) assistance under chapter 6 of
part II of such Act (relating to assistance
for peacekeeping operations);
(B) assistance under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), including
the license or approval for export of defense ar-
ticles and defense services under section 38 of
that Act; and
(C) assistance under the Export-Import
Bank Act of 1945; and
(2) does not include counter-terrorism assist-
ance.
Passed the House of Representatives September 27,
2000.
Attest:
JEFF TRANDAHL,
Clerk.
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.
SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000
Read the first time