[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2390 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 2390
To strengthen prohibitions regarding the Palestine Liberation
Organization, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 4, 2017
Ms. Ros-Lehtinen (for herself, Mr. Wilson of South Carolina, and Mr.
Meadows) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To strengthen prohibitions regarding the Palestine Liberation
Organization, and for other purposes.
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 ``PLO Accountability Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Palestine Liberation Organization (PLO) Mission
office, representing the PLO, and by extension, the Palestinian
Authority (PA), in Washington, DC, was opened in 1994 in order
to implement the Oslo Accords, which initiated direct
negotiations between the PLO and the Government of Israel.
(2) Section 1003 of the Anti-Terrorism Act of 1987 (Public
Law 100-204; 22 U.S.C. 5202), makes it unlawful to ``establish
or maintain an office, headquarters, premises, or other
facilities or establishments within the jurisdiction of the
United States at the behest or direction of, or with funds
provided by the Palestine Liberation Organization or any of its
constituent groups, any successor to any of those, or any
agents thereof''.
(3) Using various authorities, the executive branch has
waived the provisions of section 1003 of the Anti-Terrorism Act
of 1987.
(4) Article XXXI, clause 7, of the Israeli-Palestinian
Interim Agreement on the Status of the West Bank and the Gaza
Strip (September 28, 1995) states that ``Neither side shall
initiate or take any step that will change the status of the
West Bank and the Gaza Strip pending the outcome of the
permanent status negotiations''.
(5) In January 2009, the PLO sent a declaration to the
International Criminal Court under Article 12(3) of the Rome
Statute of the International Criminal Court on behalf of the
Palestinian Authority.
(6) On October 31, 2011, the United Nations Educational,
Scientific and Cultural Organization (UNESCO) voted to admit
the ``State of Palestine'' as its 195th full member. Since
being admitted, the Palestinians have used UNESCO to pass anti-
Israel resolutions, including a recent effort to deny the
historical connection of the Jewish people to holy sites
including the Temple Mount and Western Wall in Jerusalem.
(7) On November 29, 2012, the United Nations General
Assembly voted to accord the ``State of Palestine'' status as a
nonmember observer State at the United Nations.
(8) On April 2, 2014, the PLO joined the Geneva Conventions
as well as 13 other organizations.
(9) On January 2, 2015, the PLO acceded to the Rome
Statute, and on January 16, 2015, the Prosecutor of the
International Criminal Court opened a ``preliminary examination
of the situation in Palestine'' after accepting jurisdiction of
the International Criminal Court over ``alleged crimes
committed in the occupied Palestinian territory, including East
Jerusalem, since June 13, 2014''.
(10) The PLO's decision to accede to the Rome Statute as
well as several international organizations is an attempt to
change the status of the West Bank and the Gaza Strip outside
of direct negotiations between the Israelis and Palestinians.
(11) On January 7, 2015, the Department of State's Office
of the Spokesperson stated, ``we have made clear our opposition
to Palestinian action in seeking to join the Rome Statute of
the International Criminal Court''.
(12) On April 1, 2015, the ``State of Palestine''
officially became a member of the International Criminal Court.
(13) The PLO and PA continue to engage in incitement and
glorify terrorism, and reward terrorists, their families, and
the families of those who died committing terrorist attacks
with roughly $300,000,000 annually in salaries and benefits,
providing a higher reward to those with longer jail sentences.
(14) On August 30, 2016, Deputy Secretary of State, Anthony
J. Blinken, submitted to Congress a report as required under
section 804(b) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (Public Law 101-246), sections 603
and 604 of the Middle East Peace Commitments Act of 2002
(subtitle A of title VI of Public Law 107-228), and section 699
of the Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228).
(15) In this report, Deputy Secretary of State Blinken,
acting under authority delegated to him as Deputy Secretary
pursuant to the President's Delegation of Functions on April
30, 2009, made the determination that ``the PLO and PA are not
in compliance with certain commitments to prevent violations,
discipline violators, and assume responsibility over all PLO
elements . . . thus the sanction specified in section 604(a)(2)
of [Public Law 107-228], calling for a downgrade in status of
the PLO office in Washington, DC, has been imposed''.
(16) On January 31, 2017, then Acting Secretary of State,
Thomas Shannon, pursuant to the President's Delegation of
Functions dated April 30, 2009, submitted to Congress a similar
report to Congress as required under section 804(b) of the
Foreign Relations Authorization Act, Fiscal Years 1990 and
1991, sections 603 and 604 of the Middle East Peace Commitments
Act of 2002, and section 699 of the Foreign Relations
Authorization Act, Fiscal Year 2003, in which the same
determination was made that the PLO and PA are not in
compliance with their commitments, and imposed the same
sanction of a downgrade in the status of the PLO office in
Washington, DC.
(17) In both the August 30, 2016, and January 31, 2017,
reports, the sanctions were immediately waived.
(18) Section 604(a) of the Foreign Relations Authorization
Act, Fiscal Year 2003 requires that if the President determines
that the PLO or the Palestinian Authority has not complied with
each of the commitments specified in such section, the
President shall impose one or more of the following sanctions:
(A) The denial of visas to PLO and PA officials.
(B) The downgrade in status of the PLO office in
the United States.
(C) The designation as a foreign terrorist
organization of the PLO, or one or more of its
constituent groups (including Fatah).
(D) The prohibition on United States assistance to
the West Bank and Gaza (except humanitarian
assistance).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Palestine Liberation Organization (PLO) has failed
to live up to its commitment to a bilateral peace process with
Israel, renounce violence, accept Israel's right to exist,
honor previous diplomatic agreements made by the Palestinians,
and continues to circumvent a negotiated settlement with Israel
by seeking unilateral statehood at the United Nations and from
other countries, actively endorsing terror, and supporting
boycotts, divestments, and sanctions (BDS) against Israel;
(2) the Palestinian initiation of an International Criminal
Court preliminary examination, investigation, or active support
for such an investigation, that subjects Israeli nationals to
an investigation for alleged crimes against Palestinians, is
part of a deliberate effort to engage in diplomatic, legal
warfare against Israel and would violate the Palestinians'
commitment to not change the status of the West Bank and Gaza
Strip;
(3) the only path towards solving the conflict is through
direct negotiations between Israel and the Palestinians;
(4) the Palestinians should not turn to outside parties,
including international organizations, to impose or otherwise
influence a solution;
(5) it is in the national security interests of the United
States to close down the PLO office in Washington, DC; and
(6) the executive branch should avail itself of the range
of sanctions as allowed under the authority to impose sanctions
under section 604 of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228) in order to hold the
Palestinian leadership accountable.
SEC. 4. PROHIBITIONS REGARDING THE PALESTINE LIBERATION ORGANIZATION
UNDER THE ANTI-TERRORISM ACT OF 1987.
Section 1003 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5202) is
amended--
(1) by striking ``It shall be unlawful'' and inserting
``(a) In General.--It shall be unlawful''; and
(2) by adding at the end the following:
``(b) Waiver.--Notwithstanding any other provision of law,
including section 604 of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228), the President may waive for a
period of not more than 6 months the provisions of subsection (a) if
the President determines and certifies in writing to Congress, not
later than 45 days before the waiver is to take effect, that--
``(1)(A) the Palestinians have not, on or after January 1,
2017, obtained in the United Nations or any specialized agency
thereof the same standing as member states or full membership
as a state outside an agreement negotiated between Israel and
the Palestinians;
``(B) the Palestinians have officially ceased to be members
of the International Criminal Court (ICC) and have withdrawn
from the Rome Statute of the International Criminal Court;
``(C) any preliminary examination or ongoing investigation
against Israel, the Government of Israel, the Israeli Armed or
Security Forces, or any Israeli national initiated by, or on
behalf of, the Palestinians, or referred to the ICC by a state
party, the United Nations Security Council, or a Pre-Trial
Chamber has been withdrawn and terminated;
``(D) the PLO and the Palestinian Authority no longer
provide any financial award, payment, salary or benefit to
Palestinians who have committed terrorist attacks, their
families, or the families of those who died committing acts of
terrorism;
``(E) the PLO and the Palestinian Authority has ceased to
engage in a pattern of incitement against or with respect to
the United States or Israel; or
``(2) the Palestinians have entered into a final negotiated
peace agreement with, and have ceased all hostilities against,
Israel.
``(c) Definition.--In subsection (b)(1)(E), the term `incitement'
means to advocate, endorse, or express support for violence, martyrdom,
or terrorism, or glorify, honor, or otherwise memorialize any person or
group that has advocated, sponsored, or committed acts of terrorism,
including the naming after or dedication to such person or group of any
school, community center, camp, sports team, stadium, public square,
street, land, landmark, waterway, or other facility.''.
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