[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1060 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1060

     To strengthen prohibitions regarding the Palestine Liberation 
                 Organization, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2017

   Mr. Cruz introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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 (title X 
        of 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 Middle East Peace Commitments 
        Act of 2002 (subtitle A of title VI of Public Law 107-228) 
        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, and 
        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 Middle East Peace Commitments Act of 
        2002 (subtitle A of title VI of 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 new subsection:
    ``(b) Waiver.--Notwithstanding any other provision of law, 
including section 604 of the Middle East Peace Commitments Act of 2002 
(subtitle A of title VI of 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 have 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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