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S. 1409 - Middle East Peace Compliance Act of 2001

September 6th, 2001

S 1409 IS

107th CONGRESS

1st Session

S. 1409

To impose sanctions against the PLO or the Palestinian Authority if the President determines that those entities have failed to substantially comply with commitments made to the State of Israel.

IN THE SENATE OF THE UNITED STATES

September 6, 2001

Mr. MCCONNELL (for himself, Mrs. FEINSTEIN, Mr. DASCHLE, Mr. SCHUMER, Ms. MIKULSKI, Mr. CRAPO, Mrs. CLINTON, Mrs. CARNAHAN, Mrs. BOXER, Mr. TORRICELLI, Mr. EDWARDS, Mr. CLELAND, Mr. ENSIGN, Mr. JOHNSON, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations


A BILL

To impose sanctions against the PLO or the Palestinian Authority if the President determines that those entities have failed to substantially comply with commitments made to the State of Israel.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Middle East Peace Compliance Act of 2001'.

SEC. 2. FINDINGS.

    Congress makes the following findings:

      (1) On September 9, 1993, Palestinian Liberation Organization (PLO) Chairman Yasser Arafat made the following commitments in an exchange of letters with Prime Minister of Israel Yitzhak Rabin:

        (A) `The PLO recognizes the right of the State of Israel to exist in peace and security.'.

        (B) `The PLO accepts United Nations Security Council Resolutions 242 and 338' pertaining to the cessation of hostilities and the establishment of a just and lasting peace in the Middle East.

        (C) `The PLO commits itself to the Middle East peace process, and to a peaceful resolution of the conflict between the two sides and declares that all outstanding issues relating to permanent status will be resolved through negotiations.'.

        (D) `The PLO considers that the signing of the Declaration of Principles constitutes a historic event, inaugurating a new epoch of peaceful coexistence, free from violence and all other acts which endanger peace and stability. Accordingly, the PLO renounces the use of terrorism and other acts of violence and will assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violence and discipline violators.'.

        (E) `In view of the promise of a new era and the signing of the Declaration of Principles and based on Palestinian acceptance of Security Council Resolutions 242 and 338, the PLO affirms that those articles of the Palestinian Covenant which deny Israel's right to exist, and the provisions of the Covenant which are inconsistent with the commitments of this letter are now inoperative and no longer valid.'.

      (2) The Palestinian Authority, the governing body of autonomous Palestinian territories, was created as a result of the agreements between the PLO and the State of Israel that are a direct outgrowth of the September 9, 1993, commitments.

      (3) The United States Congress has provided authorities to the President to suspend certain statutory restrictions relating to the PLO, subject to Presidential certification that the PLO has continued to abide by commitments made.

SEC. 3. REPORTS.

    (a) IN GENERAL- The President shall, at the times specified in subsection (b), transmit to Congress a report--

      (1) detailing and assessing the steps that the PLO or the Palestinian Authority, as appropriate, has taken to substantially comply with its 1993 commitments, as specified in section 2(1) of this Act;

      (2) a description of the steps taken by the PLO or the Palestinian Authority, as appropriate, to investigate and prosecute those responsible for violence against American and Israeli citizens;

      (3) making a determination as to whether the PLO or the Palestinian Authority, as appropriate, has substantially complied with such commitments during the period since the submission of the preceding report, or, in the case of the initial report, during the preceding 6-month period; and

      (4) detailing progress made in determining the designation of the PLO, or one or more of its constituent groups (including Fatah and Tanzim) or groups operating as arms of the Palestinian Authority (including Force 17) as a foreign terrorist organization, in accordance with section 219(a) of the Immigration and Nationality Act.

    (b) TRANSMISSION- The initial report required under subsection (a) shall be transmitted not later than 30 days after the date of enactment of this Act. Each subsequent report shall be submitted on the date on which the President is next required to submit a report under the PLO Commitments Compliance Act of 1989 (title VIII of Public Law 101-246) and may be combined with such report.

SEC. 4. IMPOSITION OF SANCTIONS.

    (a) IN GENERAL- If, in any report transmitted pursuant to section 3, the President determines that the PLO or Palestinian Authority, as appropriate, has not substantially complied with the commitments specified in section 2(1), the following sanctions shall apply:

      (1) SUSPENSION OF ASSISTANCE- The President shall suspend all United States assistance to the West Bank and Gaza except for humanitarian assistance.

      (2) ADDITIONAL SANCTION OR SANCTIONS- The President shall impose one or more of the following sanctions:

        (A) DENIAL OF VISAS TO PLO AND PALESTINIAN AUTHORITY FIGURES- The President shall prohibit the Secretary of State from issuance of any visa for any member of the PLO or any official of the Palestinian Authority.

        (B) DOWNGRADE IN STATUS OF PLO OFFICE IN THE UNITED STATES- Notwithstanding any other provision of law, the President shall withdraw or terminate any waiver by the President of the requirements of section 1003 of the Foreign Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202) (prohibiting the establishment or maintenance of a Palestinian information office in the United States), and such section shall apply so as to prohibit the operation of a PLO or Palestinian Authority office in the United States from carrying out any function other than those functions carried out by the Palestinian information office in existence prior to the Oslo Accord.

    (b) DURATION OF SANCTIONS- The period of time referred to in subsection (a) is the period of time commencing on the date that the report pursuant to section 3 was transmitted and ending on the later of--

      (1) the date that is 6 months after such date;

      (2) the date that the next report under section 3 is required to be transmitted; or

      (3) the date, if any, on which the President determines and informs Congress that the conditions that were the basis for imposing the sanctions are no longer valid.

    (c) WAIVER AUTHORITY- The President may waive any or all of the sanctions imposed under this Act if the President determines that such a waiver is in the national security interest of the United States, and reports such a determination to the appropriate committees of Congress.

SEC. 5. EFFECTIVE DATE; TERMINATION DATE.

    (a) EFFECTIVE DATE- This Act shall take effect on the date of enactment of this Act.

    (b) TERMINATION DATE- This Act shall cease to be effective 5 years after the date of enactment of this Act.

END