Peace Through Negotiations Act of 2000
(September 27, 2000)
The House of Representatives overwhelmingly passed
legislation September 27, 2000, that calls on the president not to recognize
a unilaterally declared Palestinian state. The bill also will cut off
all aid except humanitarian and counterterrorisim to the Palestinians
should they unilaterally declare independence.
Peace Through Negotiations Act of 2000
(Engrossed as Agreed to or Passed by House)
H. R. 5272
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 Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT
This Act may be cited as the `Peace Through Negotiations
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 independent
state unilaterally constitutes a fundamental violation of the underlying
principles of the Oslo Accords and the Middle East peace process.
(3) On March 11, 1999, the Senate overwhelmingly
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 Palestinian statehood
outside the negotiating process will invoke the strongest congressional
(4) On July 25, 2000, Palestinian Chairman Arafat
and Israeli Prime Minister Barak issued a joint statement agreeing
that the `two sides understand the importance of avoiding unilateral
actions that prejudice the outcome of negotiations and that their
differences will be resolved in good- faith negotiations'.
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 withhold diplomatic
recognition of any Palestinian state that is unilaterally declared,
and to encourage other countries and international organizations to
withhold diplomatic recognition of any Palestinian state that is unilaterally
SEC. 4. MEASURES
TO BE APPLIED IF A PALESTINIAN STATE IS UNILATERALLY DECLARED.
(a) MEASURES- Notwithstanding any other provision
of law, beginning on the date that a Palestinian state is unilaterally
declared and ending on the date such unilateral declaration is rescinded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 Authoriza
tion 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 authorized 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
(i) the establishment or maintenance of a
Palestinian information office in the United States, operating
under the same terms and conditions as the Palestinian information
office that existed prior to the Oslo Accords; or
(ii) diplomatic contacts between Palestinian
officials and United States counterparts.
(2) PROHIBITION ON UNITED STATES ASSISTANCE TO
A UNILATERALLY DECLARED PALESTINIAN STATE- United States assistance
may not be provided to the government of a unilaterally declared
Palestinian state, the Palestinian Authority, or to any successor
or related entity.
(3) PROHIBITION ON UNITED STATES ASSISTANCE 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 INTERNATIONAL ORGANIZATIONS THAT RECOGNIZE A UNILATERALLY
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 unilaterally declared Palestinian state; and
(B) reduce the United States voluntary contribution
to any international organization that recognizes a unilaterally
declared Palestinian 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
recognized a unilaterally declared Palestinian state.
(5) OPPOSITION TO LENDING BY INTERNATIONAL FINANCIAL
INSTITUTIONS- The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial 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 Palestinian 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
(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 ambassador, consul, or other
diplomatic personnel to such a unilaterally declared state, or for
the cost of establishing, operating, or maintaining an embassy,
consulate, or other diplomatic facility in such a unilaterally declared
(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 application of each such paragraph, the President determines
and certifies to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations
of the Senate 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 period or periods of not more than one year
if, before each such period, the President makes a determination
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 paragraph (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'--
(A) assistance under the Foreign Assistance
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 disaster 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
fo r export of defense articles 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 assistance.
Passed the House of Representatives September 27, 2000.
Source: American Israel
Public Affairs Committee