[Congressional Record Volume 141, Number 95 (Monday, June 12, 1995)]
[Senate]
[Pages S8177-S8182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HEFLIN (for himself and Mr. Kyl):
  S. 914. A bill to delineate acceptable drug testing methods, and for 
other purposes; to the Committee on the Judiciary.


                        drug testing legislation

  Mr. HEFLIN. Mr. President, I rise today to introduce a bill which 
will allow law enforcement to choose from [[Page S8178]] a variety of 
drug testing processes. I believe that it is important to fight drug 
abuse and supply law enforcement agencies with all the available tools. 
By expanding the range of acceptable drug testing methods State and 
Federal agencies will be able to weigh the costs and benefits of the 
different processes to determine the one which best suits their needs. 
Congress should not enact legislation that limits drug testing 
alternatives but should let the agencies, with their expertise, make 
informed choices.
  This bill will amend the recently passed Violent Crime Control and 
Law Enforcement Act of 1994 in three areas. The amendments would strike 
the references to urinalysis as the only drug testing method 
specifically listed pursuant to conditions of supervised release, 
conditions of parole, conditions of probation, and residential 
substance abuse treatment for prisoners. In its place it will include 
but not limit the choices of testing to: urine, hair, and blood 
testing. This will ensure that State and local agencies can make use of 
innovative technology.
  When drug testing was first introduced, the methods available for 
testing provided only narrow windows of detection with limited 
accuracy. This bill will encourage law enforcement to incorporate new 
technology, such as hair analysis, into their current drug testing 
regimes.
  Field studies conducted by the National Institute of Justice show 
that hair analysis is more effective than urine testing in detecting 
cocaine, PCP, and opiate users. Also, this innovative form of drug 
testing promises to be a less invasive, and potentially more revealing, 
alternative to urine screening. Finally the individual will probably 
find that snipping a lock of hair is far less offensive than asking for 
urine samples.
  The bottom line is that drug use among prisoners on probation, 
parole, and early release is a constant concern of law enforcement. If 
there are means of testing which are reliable and detect abuse over 
greater time periods then those tests should be available and 
encouraged. The new drug testing technologies have such capability and 
this bill would simply add them to the list already set forth into law 
pursuant to enactment of the Violent Crime Control Act of 1994.
  Mr. KYL. Mr. President, I am pleased to join Senator Heflin in 
introducing this bill on hair analysis. As noted in the January 1993, 
``Research in Brief,'' published by the National Institute of Justice, 
``Hair testing is relatively well established and * * * has several 
advantages over urine in testing for drugs.''
  First, hair greatly expands the time window for detection of an 
illicit drug. Generally, urine tests determine if drugs have been used 
in the past 2 to 4 days, but hair provides a 90-day history of 
information.
  Second, brief periods of abstinence from drugs will not significantly 
alter the outcome of hair analysis. Additionally, hair analysis cannot 
be evaded as in urinalysis, where drug users can substitute clean 
samples or tamper with specimens. Drug residues remain permanently 
embedded in hair. They cannot be washed or bleached out.
  Third, hair is easy to handle, and requires no special storage 
facilities or conditions. Compared with urine samples, it presents 
fewer risks of disease transmission.
  Fourth, because hair records drug use chronologically and in amounts 
proportional to those consumed, the pattern and quantity of drug abuse 
is also provided.
  Fifth, collecting comparable samples for repeat testing is easier 
with hair than with urine; a cosmetically undetectable snip of hair is 
easily collected under close supervision without causing the 
embarrassment of providing a urine sample.
  Sixth, contaminating or altering a sample to distort or manipulate 
test results is much more difficult with hair than with urine. 
Furthermore, if the results of the first test are challenged, a second, 
newly collected sample can be analyzed as a safety net. This is not 
possible with urine because the original 3-day surveillance window will 
have passed and the subject can merely abstain from drug use in the few 
days prior to submitting a new sample.
  In sum, the availability of hair analysis will give law enforcement 
another tool for drug testing.
                                 ______

      By Mr. D'AMATO:
  S. 915. A bill to govern relations between the United States and the 
Palestine Liberation Organization (PLO), to enforce compliance with 
standards of international conduct, and for other purposes.


                middle east peace compliance act of 1995

  Mr. D'AMATO. Mr. President, I rise today to introduce the Middle East 
Peace Compliance Act of 1995.
  The fact of the matter is simple. The PLO is not complying with its 
responsibilities. It has failed to restrain the radicals in Gaza; it 
has failed to change the PLO Covenant; and it has failed to come clean 
with the amount of its assets. Most importantly, the PLO's overwhelming 
failure to restrain the radical elements within its areas of control is 
an insult to Israel and everyone who had placed hope in Yasir Arafat's 
ability to deliver the peace. In return for all of this is the fact 
that the United States will be sending $100 million to the PLO and 
Palestinian authorities over the next year, if the administration is 
allowed to have its way.
  Mr. President, while it is plain to see that the PLO has not lived up 
to its commitments, despite the State Department's protests to the 
contrary, one need only to look at the facts to understand the 
situation. Between September 13, 1993, the signing of the Declaration 
of Principles, and May 4, 1994, the beginning of Gaza-Jericho self-
rule, there were 373 attacks, with 110 Israelis killed, 70 of them 
civilians. There are said to be thousands of illegal weapons in the 
Gaza-Jericho area, at least 26,000, according to the Israeli newspaper 
Maariv.
  Furthermore, reports by independent peace monitors, the Judge 
Advocate General of the Israel Defense Forces [IDF] and the 
Congressional Peace Accords Monitoring [PAM] Group point to an 
additional and consistently widening pattern of PLO non-compliance that 
include:
  Failure to preempt terrorism;
  Failure to control the flow of illegal weapons into and inside of 
Gaza;
  Failure to apprehend, prosecute and adequately punish individuals 
accused of criminal or terrorist acts against Israelis;
  Failure to prevent the illegal diversion of international assistance 
to PLO activities;
  Failure to restrict the growth of the Palestinian police force in 
Gaza which now is conservatively estimated to be 17,000 instead of the 
9,000 permitted by agreement with Israel; and
  Failure to confine Palestinian administrative offices to
   Gaza, while allowing them to proliferate, illegally, in Jerusalem.

  It is said that there are networks of terrorist training camps in 
Gaza, and there is even film of recruits drilling chanting anti-Israeli 
slogans. Despite sweeping arrests in which the Palestinian authorities 
round up hundreds of Palestinians for questioning in relation to 
various bombings, attacks, and other violations, these demonstrations 
of supposed compliance with Israeli complaints amount to just public 
relations, in the words of Prime Minister Rabin, himself. Soon after, 
most of these mass arrests, the suspects are let go. Some system of 
justice.
  As far as the covenant is concerned, the PLO shows no interest in 
abrogating those sections calling for the destruction of Israel. 
Despite promises to do so, the PLO has not even convened the Palestine 
National Council in order to amend the covenant. All the State 
Department can say is that they ``hope that Arafat will do so, and [we] 
have encouraged him to follow through with this,'' in reference to 
changing the Covenant. This does not exactly exude confidence or the 
ability to influence a change.
  It is for this reason that I am introducing the Middle East Peace 
Compliance Act of 1995. This legislation places a series of 
requirements on the PLO before they can receive money from the United 
States. Briefly, the requirements are as follows:
  Require that U.S. assistance may only be used for humanitarian 
projects for the benefit of Palestinians living under the Palestinian 
authority. All assistance must be channeled only through U.S. 
Government agencies or private voluntary organizations 
[PVO's]; [[Page S8179]] 
  Condition any U.S. assistance upon full financial and managerial 
accountability of the Palestinian authority;
  Require the President to certify that no aid will go to individuals 
suspected of having harmed American citizens, while requiring that the 
PLO assist in the apprehension of and extradition to the United States 
of all such individuals now, or previously under its control;
  Direct the President to provide specific counterterrorism technology 
and technical assistance to Israel; and
  Require that the PLO pay compensation to U.S. victims of terrorism 
committed with PLO support and under its direction.
  Mr. President, this bill is not the panacea. Nor is it the popular 
thing to do. It is however, the right thing to do. I want peace for 
Israel as much or more than anyone else does, but I don't want it on 
the wrong terms. Neville Chamberlain said that there would be peace 
``in our time'' after Munich, and there wasn't. I want Israel to be 
safe and secure. I don't want Israel to become locked into an agreement 
with an organization that cannot deliver on its end of the bargain. I 
also do not want to have the U.S. taxpayers' money wasted. The issues 
are paramount.
  This peace agreement is like a contract. When one side abides by the 
contract's terms and the other does not, then the deal has been broken. 
Now, I know that there will be some who will say that this aid should 
continue regardless, and that the violations are really not violations. 
Let me tell you, the violations of the PLO are real and they cannot be 
ignored or forgiven. They must be dealt with. If this is done, then 
there should be no problems. The terms for aid in this bill are not 
odious, they are not overreaching and they are not unreasonable. They 
are consistent with the requirements that our Government places upon 
all recipients of U.S. foreign assistance.
  I urge my colleagues to support this important measure.
  Mr. President, I ask unanimous consent that the text of the bill be 
included in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 915

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

     SEC. 1. SHORT TITLE.

       This Act may be cited as the ``Middle East Peace Compliance 
     Act of 1995''.

     SEC. 2. DEFINITIONS.

       For the purposes of this Act--
       (1) the term ``Palestine Liberation Organization (PLO)'' 
     shall be defined as a membership organization encompassing 
     all constituent groups that belong to the Palestine National 
     Council and all individuals that have or continue to publicly 
     demonstrated their allegiance to the Palestine Liberation 
     Organization, or receive funds, directly or indirectly from 
     sources controlled by the PLO. Its legal status is defined by 
     U.S. law pursuant to Title X of Public Law 102-204 section 
     1002;
       (2) for the purpose of this section, the term ``foreign 
     assistance'' shall be the same as that used under section 
     634(b) of the Foreign Assistance Act of 1961 (P.L. 87-195); 
     and
       (3) the term ``Palestinian Authority'' shall be defined as 
     the administrative entity established in the self-rule areas 
     of Gaza and the West Bank in accordance with the Declaration 
     of Principles signed in Washington, D.C. September 13, 1993, 
     between Israel and the Palestine Liberation Organization 
     (PLO).

     SEC. 3. POLICY.

       It is the policy and interest of the United States--
       (1) to contribute to the advancement of peace and security 
     in the Middle East by supporting efforts by Israel and the 
     Palestine Liberation Organization (PLO) to reach a non-
     violent resolution of their conflict under the terms of the 
     Declaration of Principles on Interim Self-Government 
     Arrangement signed in Washington, D.C., September 13, 1993;
       (2) to ensure that both Israel and the PLO fully and 
     meaningfully comply with the terms and conditions of all 
     agreements made between them;
       (3) to demonstrate firm, consistent and unambiguous 
     opposition to terrorism by insisting that Israel and the 
     Palestine Liberation Organization take significant, material 
     and timely steps to preempt terrorist attacks;
       (4) to ensure that the Palestinian Authority fully accounts 
     for basic human needs and infrastructure development funds 
     expended by the United States in Gaza and Jericho in 
     accordance with standard commercial principles and practices;
       (5) to ensure that Israel and the Palestine Liberation 
     Organization cooperative fully with U.S. law enforcement 
     agencies to apprehend, prosecute and convict all individuals 
     involved in the criminal injury or death of United States 
     citizens or the willful damaging of United States property;
       (6) to hold the PLO and its administrative authority in 
     Gaza and Jericho accountable for unlawful acts carried out 
     within its jurisdiction or emanating from territory under its 
     administrative control;
       (7) to ensure that all recipients of U.S. foreign 
     assistance evidence a clear commitment to democracy, justice 
     and the rule of law and conform to established standards of 
     financial management and accountability; and
       (8) to contribute to the long-term security, stability and 
     economic health of the State of Israel through the 
     maintenance of close bilateral ties and, to the greatest 
     extent possible, to provide such levels of assistance to 
     Israel as are necessary and sufficient to achieve these 
     objectives, irrespective of the success or failure of the 
     agreements between Israel and the PLO.

     SEC. 4. FINDINGS AND DETERMINATIONS.

       (a) Pursuant to the commitments between Israel and the PLO 
     described in section 6 of this Act, the Congress makes the 
     following findings:
       (1) After decades of conflict, Israel and the PLO have 
     entered a new era which presents an historic opportunity for 
     peaceful coexistence and a stable democratic future for 
     themselves and the region;
       (2) The basis for this new relationship between Israel and 
     the PLO is the set of agreements to which both parties are 
     signatories and which emanate from the Declaration of 
     Principles of Interim Self-Government Arrangements, signed in 
     Washington, D.C. on September 13, 1993;
       (3) The United States agrees to serve as a partner in the 
     effort to bring about a lasting reconciliation and 
     understanding between Israel and the PLO;
       (4) The United States recognizes all of the agreements 
     referred to in section 6 of this Act are legally binding on 
     Israel and the PLO, that they were entered into freely and in 
     good faith and that Israel and the PLO are committed to their 
     complete fulfillment;
       (5) The United States is relying upon Israel and the PLO to 
     honor their commitments to elected representatives and 
     officials of the United States Government prior to and 
     following the signing of the Declaration of Principles, 
     including the promise of the PLO to halt terrorism emanating 
     from areas under its control;
       (6) The United States is committee to providing funding for 
     infrastructure development and basic human needs in Gaza and 
     Jericho, but not through any institution or entity of the PLO 
     or the Palestinian Authority and only where Israel and the 
     PLO have demonstrated that they have taken substantial, 
     timely and meaningful steps toward full compliance under 
     their respective agreements;
       (7) The United States is resolute in its determination to 
     ensure that in providing assistance to Palestinians living 
     under the administrative control of the Palestinian Authority 
     or elsewhere, the beneficiaries of such assistance shall be 
     held to the same standard of financial accountability and 
     management control as any other recipient of U.S. foreign 
     assistance; and
       (8) Since the signing of the Declaration of Principles, the 
     United States has had sufficient time to evaluate the 
     sincerity, commitment and effectiveness with which Israel and 
     the PLO have complied with both the spirit and the letter of 
     the joint agreements to which they are signatories.
       (b) Determinations.--Therefore, the Congress determines 
     that:
       (1) the PLO continues to demonstrate widespread and 
     systematic disregard for both the spirit and the letter of 
     the understandings reached in a succession of agreements 
     between it and the State of Israel;
       (2) information provided by the President on the compliance 
     of the PLO with its agreements is often ambiguous, 
     insufficient, at variance with the assessments of independent 
     monitoring groups and falls short of the standards of 
     accountability expected of other recipients of U.S. foreign 
     assistance;
       (3) the PLO specifically has failed to take substantial, 
     timely and meaningful steps to fulfill its legal obligations 
     in the following areas:
       (A) Amending the plo covenant.--In violation of commitments 
     made by the PLO in the letter of September 9, 1993 between 
     the PLO leader and the Prime Minister of Israel, 1993, the 
     PLO has failed to repeal the provisions of its Charter which 
     declare Israel to be illegitimate and call for its 
     elimination through armed struggle;
       (B) Preventing terrorism.--In violation of the terms agreed 
     to in the Gaza-Jericho Agreement, Annex III, article I, 
     section 5 and the letters of September 9, 1993 between the 
     PLO leader and the Prime Minister of Israel and between the 
     PLO leader and the Foreign Minister of Norway, the PLO has 
     not legally banned terrorist organizations such as Hamas and 
     Islamic Jihad and has done little to discipline them. In the 
     19 months before the Declaration of Principles there were 318 
     casualties from terrorism in Israel and the territories (68 
     people were killed and 250 injured). This is in contrast to 
     the 19 months following the signing of the Declaration of 
     Principles, there were 651 casualties from terrorism in 
     Israel and the territories (134 people were killed and 517 
     injured), an increase of nearly 100 percent;
       (C) Prosecuting terrorists.--In violation of the terms 
     agreed to in the Gaza-Jericho Agreement, Annex III, article 
     I, section 5 and the letters of September 9, 1993 between the 
     PLO leader and the Prime Minister of Israel 
     [[Page S8180]] and between the PLO leader and the Foreign 
     Minister of Norway, the PLO has failed to investigate 
     terrorist incidents, prosecute terrorists according to the 
     rule of law, or ensure that the sentences imposed for 
     terrorist acts are more than perfunctory. The PLO repeatedly 
     has declared that it considers terrorist organizations such 
     as Hamas and Islamic Jihad as legitimate opposition groups 
     with whom they are prepared to conduct a dialog. The PLO has 
     not legally banned extremist organizations and instead, 
     employs Hamas sympathizers in its administration in Gaza;
       (D) Preventing incitement to violence.--In violation of the 
     terms agreed to in the Gaza-Jericho Agreement, Article XII, 
     paragraph 1 and the letters of September 9, 1993 between the 
     PLO leader and the Prime Minister of Israel and between the 
     PLO leader and the Foreign Minister of Norway, PLO officials 
     continue to advocate holy war (jihad) against Israel, glorify 
     suicide bombers, lend support and comfort to terrorist groups 
     and issue propaganda delegitimizing Israeli sovereignty even 
     within its pre-1967 borders;
       (E) Barring unauthorized forces.--In violation of the terms 
     agreed to in the Gaza-Jericho Agreement, Article IX, section 
     2, the PLO continues to permit illegal military and 
     paramilitary groups to conduct terrorist operations against 
     Israel from administrative areas under its control;
       (F) Confiscating unauthorized weapons.--In violation of the 
     terms agreed to in the Gaza-Jericho Agreement, Annex I, 
     article VIII, sec. 8, the PLO has failed to fulfill its 
     commitment made to the United States Vice President on March 
     24, 1995, to take significant steps to disarm military and 
     paramilitary groups under its administrative control, to 
     license weapons or to substantially enforce, by judicial 
     means, individual violations;
       (G) Excluding terrorists from security services.--In 
     violation of the terms agreed to in the Gaza-Jericho 
     agreement, Annex I, article III, sec. 4(b), the PLO continues 
     to employ policemen who have been convicted of serious 
     crimes;
       (H) Extraditing terrorists.--In violation of the terms 
     agreed to in annex III, article II, sec. 7, the PLO 
     consistently refuses to extradite individuals suspected of 
     terrorist crimes against Israeli citizens and has not 
     complied with earlier demands of the U.S. Government to 
     extradite individuals suspected of crimes against Americans 
     to the United States;
       (I) Prohibiting the location of institutions of the 
     Palestinian authority outside of gaza and jericho.--Under 
     Article V of the Gaza-Jericho Agreement, the Palestinian 
     Authority is limited but has attempted to extend its 
     authority beyond the boundaries of Gaza and Jericho. It has 
     failed to live up to its commitment not to operate offices in 
     Jerusalem and has opened at least 7 institutions in and 
     around the city;
       (J) Facilitating the release of israeli pows/mias.--The PLO 
     has failed to provide Israel with information it possesses on 
     the condition and possible whereabouts of at least one 
     Israeli MIA;
       (K) Avoiding and punishing the illegal transfer of funds.--
     In violation of the spirit of the Gaza-Jericho agreement and 
     standard international principles and practices of financial 
     accountability, administrative authorities in Gaza have 
     diverted substantial amounts of development assistance to 
     activities of the PLO both inside and outside of Gaza and 
     Jericho; and
       (L) Preventing infiltrations.--In violation of the term 
     agreed to in the Gaza-Jericho Agreement, Article IV(2)(c), 
     the Palestinian Police authorities has failed to halt 
     infiltrations from Egypt to Gaza and from Gaza to Israel.

     SEC. 5. GENERAL RESTRICTIONS ON ASSISTANCE.

       Notwithstanding any other provision of law, the following 
     restrictions shall apply with regard to all assistance 
     provided by the United States and intended to benefit 
     Palestinians living in areas controlled by the PLO or the 
     Palestinian Authority:
       (1) All funds made available to areas under the 
     administrative control of the Palestinian Authority shall be 
     provided only through agencies or entities of the United 
     States Government or private voluntary organizations 
     designated by the Secretary of State and registered in the 
     United States. Provided, That no funds shall be obligated or 
     expended for any projects or activities of the Palestinian 
     Authority in Jerusalem or that benefit Palestinians living in 
     Jerusalem;
       (2) Under no circumstances and notwithstanding any other 
     provision of law, none of the funds authorized or 
     appropriated under this or any other Act shall be made 
     available, directly or indirectly, to benefit the Palestine 
     Liberation Organization (PLO), its agents, entities, 
     projects, programs, institutions or activities under its 
     control, or directly or indirectly, to benefit the operation 
     of the Palestinian Authority in Gaza, Jericho or any other 
     area it may control:
       (3) Funds made authorized or appropriated under this or any 
     other Act shall only be made available for humanitarian 
     assistance, economic development and basic human needs 
     infrastructure projects or activities which directly benefit 
     Palestinians in areas under the administrative control of the 
     Palestinian Authority;
       (4) The total amount of United States Assistance 
     benefitting the Palestinians resident in areas under the 
     administrative control of the PLO and the Palestinian 
     Authority for any single year shall not exceed the largest 
     total contribution by a member of the Arab League to the 
     Palestinian Authority in the previous full calendar year;
       (5) None of the funds authorized or appropriated under this 
     or any other Act shall be made available to benefit, directly 
     or indirectly, Palestinians living under the administrative 
     control of the Palestinian Authority until the PLO 
     substantially, materially and in a timely fashion complies 
     with the provisions of section 7 of this Act;
       (6) No funds made available by this or any other Act and 
     intended to benefit Palestinians living in areas controlled 
     by the PLO or the Palestinian Authority shall be used for the 
     purchase, lease, or acquisition by any means of lethal 
     equipment, supplies or infrastructure to support that 
     equipment or its use in military or paramilitary operations 
     or training; and
       (7) No funds shall be made available under this or any 
     other Act to benefit Palestinians living in areas controlled 
     by the PLO or the Palestinian Authority should be PLO 
     conclude a formal or informal arrangement with Hamas, Islamic 
     Jihad or any other group practicing or supporting terrorism 
     under which the terrorist activities of these groups, either 
     inside or outside of Gaza and Jericho, will be allowed to 
     continue or be tolerated in any respect.
       (8) As set forth in section 585 of the Foreign Operations, 
     Export Financing, and Related Programs 1995 Appropriations 
     and 1994 Supplemental Appropriations Act (Public Law 103-
     306):
       (A) None of the funds made available under this or any 
     other Act shall be obligated or expended to create in any 
     part of Jerusalem a new office of any department or agency of 
     the United States Government for the purpose of conducting 
     official United States Government business with the 
     Palestinian Authority over Gaza and Jericho or any successor 
     Palestinian governing entity provided for in the Israel-PLO 
     Declaration of Principles: Provided, That is restriction 
     shall not apply to the acquisition of additional space for 
     the existing Consulate General in Jerusalem.
       (B) Meetings between officers and employees of the United 
     States and officials of the Palestinian Authority, or any 
     successor Palestinian governing entity provided for in the 
     Israel-PLO Declaration of Principles, for the purpose of 
     conducting official United States Government business with 
     such authority should continue to take place in locations 
     other than Jerusalem. As has been true in the past, officers 
     and employees of the United States Government may continue to 
     meet in Jerusalem on other subjects with Palestinians 
     (including those who now occupy positions in the Palestinian 
     Authority), have social contacts, and have incidental 
     discussions.
       (9) No funds made available under this or any other Act 
     shall be used to benefit any individual who has directly 
     participated in, or conspired in, or was an accessory to, the 
     planning or execution of a terrorist activity which resulted 
     in the death, injury or kidnapping of an American citizen.

     SEC. 6. PLO-ISRAEL COMMITMENTS DESCRIBED.

       The commitments referred to under this Act and recognized 
     by the United States are the legally binding commitments made 
     by the Palestine Liberation Organization and Israel in the 
     following declarations:
       (1) the PLO letter of September 9, 1993, to the Prime 
     Minister of Israel;
       (2) the PLO letter of September 9, 1993, to the Foreign 
     Minister of Norway;
       (3) the Declaration of Principles on Interim Self-
     Government Arrangements signed in Washington, D.C. on 
     September 13, 1993;
       (4) the Agreement between Israel and the PLO signed in 
     Cairo on May 4, 1994; and
       (5) the Joint Communique between Israel and the PLO issued 
     at Blair House; in Washington, D.C., February 12, 1995.

     SEC. 7. REQUIREMENTS FOR THE TRANSFER OF FUNDS.

       In General.--Notwithstanding any other provision of law, 
     none of the funds authorized or appropriated under this or 
     any other Act shall be made available, directly or 
     indirectly, to benefit Palestinians living under the 
     administrative control of the PLO or the Palestinian 
     Authority in Gaza, Jericho or any other area it may control, 
     until the following requirements set forth in this section 
     are fully met and certified to Congress by the President of 
     the United States:
       (1) Substantial, material and timely compliance.--That the 
     PLO and the Palestinian Authority have made substantial, 
     material and timely progress in meeting their legal 
     obligations as set forth in the agreements between the PLO 
     and Israel and as enumerated in section 6 of this Act. The 
     President shall submit to the relevant congressional 
     committees a quarterly report that:
       (A) comprehensively evaluates the compliance record of the 
     PLO according to each specific commitment set forth in its 
     agreements with Israel and;
       (B) establishes, as appropriate, both objective and 
     subjective measures to assess PLO compliance; and
       (C) measures PLO compliance against each previous quarterly 
     assessment and demonstrates significant and continual 
     improvement each quarter.
       (2) Financial accountability.--Sixty days following the 
     enactment of this Act and every 180 days thereafter, the 
     President of the United States shall submit to the relevant 
     congressional committees a financial audit carried out by the 
     General Accounting Office (GAO), which provides a full 
     accounting of all United States assistance which 
     [[Page S8181]] benefits, directly or indirectly, the 
     projects, programs or activities of the Palestinian Authority 
     in Gaza, Jericho or any other area it may control, since 
     September 13, 1993, including, but not limited to, the 
     following:
       (A) the obligation and disbursal of all funds, by project, 
     activity, and date, as well as by prime contractor, all 
     subcontractors, and their countr(ies) of origin;
       (B) the organization(s) or individual(s) responsible for 
     the receipt and obligation of U.S. assistance;
       (C) the amount of both private and international donor 
     funds that benefit the PLO or the Palestinian Authority in 
     Gaza, Jericho or any other area it may control, and to which 
     the United States may be a contributor;
       (D) the ultimate beneficiaries of the assistance; and
       (3) Report on the possible misuse of funds.--Pursuant to 
     section 7(a), the President shall also provide the relevant 
     congressional committees with a comprehensive accounting of 
     all United States and International donor funds, credits, 
     guarantees, insurance, in-kind assistance and other resource 
     transfers to the PLO, the Palestinian Authority or other 
     associated entities under their control which the General 
     Accounting Office believes may have been misused, diverted or 
     illegally converted for purposes other than those originally 
     intended by the donors and shall include a decision of--
       (A) the possible reasons for the diversion of resources and 
     the likely uses toward which they were put;
       (B) the manner and mechanism(s) by which the resources were 
     misdirected;
       (C) the person(s) and institution likely responsible for 
     the misdirection of the resources; and
       (D) the efforts being made by the Palestinian Authority, 
     the President and the international community to account for 
     and recover the misdirected resources.
       (4) Penalties and deductions.--Not less than thirty (60) 
     days following the issuance to Congress of the findings set 
     forth in section 7(2) the President shall deduct one dollar 
     from the amount of funds or other resources appropriated to 
     benefit Palestinians living in areas controlled by the 
     Palestinian Authority for each dollar which the General 
     Accounting Office is able to demonstrate may have been 
     diverted by Palestinians for purposes other than what they 
     were originally intended.
       (5) Accountability for past terrorism.--The President shall 
     certify to the relevant congressional committees that the 
     Palestine Liberation Organization has taken substantial, 
     material and timely steps to provide information to United 
     States law enforcement agencies leading to the arrest and 
     extradition to the United States for prosecution of 
     individuals connected directly or indirectly with the 
     Palestine Liberation Organization and alleged to have been 
     responsible for terrorist attacks on American citizens or 
     property since 1964 to include, but not be limited to, the 
     kidnapping, or murders of:
       (A) David Berger, In Munich, Germany, September, 1972;
       (B) Cleo A. Noel, Jr., United States Ambassador to the 
     Sudan, and G. Curtis Moore, U.S. Diplomat, in Khartoum, March 
     2, 1973;
       (C) Gail Rubin, in Israel, March 11, 1978;
       (D) Leon Klinghoffer on the cruise ship Achille Lauro, 
     October 8, 1985; and
       (E) Gail Klein, in Jerusalem, October 15, 1986.
       (6) Report to the Congress.--Pursuant to subsection (B) of 
     this section, the President shall report to the relevant 
     congressional committees, in both classified and unclassified 
     form, no later than September 1, 1995, and every 180 days 
     thereafter, on:
       (A) the name, date, location, and circumstance of all 
     Americans alleged to have been killed or injured, directly or 
     indirectly, by members, agents, supporters or surrogates of 
     the Palestine Liberation Organization from 1964 to the 
     present;
       (B) the name, date, precise location, and circumstances of 
     all violent incidents against Israelis or others by any 
     terrorist group, organization, entity or individual operating 
     in Israel or the territories controlled by Israel or the PLO 
     and to indicate--
       (i) where the violent incident was planned, organized and 
     launched;
       (ii) how and through what means the violent incident was 
     funded;
       (iii) the source and type of any lethal equipment used in 
     any violent incident; and
       (iv) whether the United States has been able to 
     independently confirm information provided by either Israel 
     or the PLO regarding violent incidents reported under this 
     subsection.
       (C) the status of all warrants issued by U.S. law 
     enforcement agencies, Interpol, or other international police 
     authorities, for the arrest of members of the Palestine 
     Liberation Organization, to include, but not be limited to, 
     the name of the individual, the date and nature of the crime 
     alleged to have been committed, the statute under which 
     prosecution is being sought, and the level and nature of the 
     cooperation provided by the Palestine Liberation Organization 
     in the apprehension, prosecution and conviction of this 
     individual(s);
       (D) the disposition of all past and current investigations 
     into the criminal activities of the Palestine Liberation 
     Organization as well as the warrants for the arrest of 
     alleged members of the Palestine Liberation Organization that 
     have been revoked or suspended by agencies of entities of the 
     United States Government since 1964 and reason for the 
     revocation or suspension; and
       (E) the name of any individual who currently serves as an 
     official or agent of the Palestine Liberation Organization or 
     the Palestinian Authority who at any time has been subject to 
     a United States or international arrest warrant or has been 
     placed on a U.S. Government ``watch list.''
       (7) Matters to be considered.--In determining whether to 
     make the certification required by subsection (4) of this 
     section with respect to the PLO, the President shall also 
     consider and report, in both classified and unclassified 
     form, to the relevant congressional committees the following:
       (A) Have the actions of the PLO resulted in the maximum 
     reductions in terrorism carried out by members or affiliates 
     of the PLO? Has the PLO leadership publicly, in Arabic, 
     English and Hebrew, and using all major print and electric 
     media outlets, strongly condemned acts of terrorism against 
     Israel and the West when they occur?
       (B) Has the PLO taken legal and law enforcement measures to 
     enforce in areas under its administrative control, to the 
     maximum extent possible, the elimination of terrorist acts 
     and the suppression of criminal elements responsible for 
     terrorism as evidenced by the seizure of illegal weapons, the 
     closure of offices and training areas belonging to terrorist 
     organizations and the arrest and prosecution of violators 
     involved in the incitement, recruitment, training, planning, 
     or conduct of terrorist operations affecting the United 
     States, Israel or other countries?
       (C) Has the PLO taken the legal and law enforcement steps 
     necessary to eliminate, to the maximum extent possible, the 
     laundering of profits derived from smuggling, narcotics 
     trafficking, illegal weapons transactions or other criminal 
     activity as evidenced by the enactment and enforcement by the 
     PLO of laws prohibiting such conduct?
       (D) Has the PLO taken the legal and law enforcement steps 
     necessary to eliminate, to the maximum extent possible, 
     bribery and other forms of public corruption which facilitate 
     the execution of terrorist acts or which discourage the 
     investigation and prosecution of such acts, as evidenced by 
     the enactment and enforcement of laws prohibiting such 
     conduct?
       (E) Has the PLO, as a matter of policy or practice, 
     encouraged or facilitated the continued sponsorship of 
     terrorist acts?
       (F) Does any senior official of the PLO engage in, 
     encourage, or facilitate the incitement, recruitment, 
     training, planning, or conduct of terrorist operations 
     affecting the United States, Israel or other states or 
     condone other internationally recognized criminal activity?
       (G) Has the PLO investigated aggressively all cases in 
     which any citizen of the United States or member of the 
     United States Government has been the victim, since 1964, of 
     acts or threats of violence, inflicted by or with the 
     complicity of any agent of the PLO or any political 
     subdivision or supporter thereof, and energetically sought to 
     bring the perpetrators of such offense to justice?
       (H) Having been requested to do so by the United States 
     Government, does the PLO fail to provide reasonable 
     cooperation to lawful activities of United States law 
     enforcement agents, including the refusal of permission to 
     such agents engaged in counter-terrorism to pursue suspected 
     terrorists or other criminal elements that may support 
     terrorist activities into areas or facilities it controls?
       (I) Has the PLO or its administrative authority in Gaza and 
     Jericho adopted legal codes in order to enable law 
     enforcement officials to move more effectively against 
     terrorists, the supporters of terrorism and other related 
     criminal elements, such as effective conspiracy laws and 
     asset seizure laws?
       (J) Has the PLO expeditiously processed United States, 
     Israeli, or other countries' extradition requests relating to 
     terrorism, narcotics trafficking or other criminal offenses?
       (K) Has the PLO refused to protect or given haven to any 
     known terrorist, drug trafficker or other accused or 
     convicted of a serious criminal offense, and has it 
     expeditiously processed extradition requests relating to acts 
     of terrorism or narcotics trafficking made by other 
     countries?
       (L) Has the PLO cooperated, both publicly and privately, 
     with efforts undertaken by the President of the United States 
     to end the Arab League boycott of Israel and if so, to what 
     extent and to what practical effect?
       (8) Victims of terrorism compensation.--Pursuant to section 
     5570 of P.L. 99-399 no funds shall be made available to 
     benefit the PLO, the Palestinian Authority or any person or 
     entity under its control until the President certifies to the 
     relevant congressional committees that full and fair 
     compensation is provided by the Palestine Liberation 
     Organization to United States victims of PLO terrorism after 
     adjudication in a United Court of law.
       (9) Preemption of terrorism.--The President shall make 
     available to Israel, equipment for the state-of-the-art 
     security examination of cargo containers and vehicles: 
     Provided, That this equipment shall include automated, non-
     intrusive inspection technology, or technologies, for the 
     direct detection and chemical elemental identification of 
     contraband: Provided further, That some of this equipment may 
     be in the form of technology in the advanced stages of 
     development and suitable for field testing and evaluation: 
     Provided further, That not less than $40,000,000 is 
     authorized to be appropriated in Fiscal Year 1996 for the 
     purposes set forth in this section from the funds made 
     available by the United States to support the agreements 
     between Israel and the PLO: Provided [[Page S8182]] further, 
     That the President shall negotiate the transfer of this 
     technology no later than September 30, 1995, and prior to the 
     obligation of not more than $50,000,000 in United States 
     funds to benefit Palestinians living in Gaza, Jericho or any 
     additional territories which might be administered by the 
     PLO: Provided further, That it is the purpose of this section 
     to enable the United States to support efforts by both Israel 
     and the PLO to meet their compliance obligations and--
       (A) to assist them in combating terrorism;
       (B) to assist them in combating narcotics smuggling and 
     other contraband smuggling; and
       (C) to assist them in ensuring proper manifesting and 
     customs regulation compliance and revenue collection.
       (10) Review of legislation.--Prior to the disbursement of 
     any funds authorized under this or any other Act for the 
     benefit of the PLO, the Palestinian Authority or any of its 
     constituencies, activities or projects, the President shall 
     carry out, and report to the relevant congressional 
     committees, a thorough review of pertinent legislation 
     affecting the status of the PLO to include, but not be 
     limited to, Title X of Public Law 100-204 and shall recommend 
     to Congress modifications consistent with U.S. policy toward 
     countering terrorism and promoting peace in the Middle East.
       (11) Presidential disclosure.--No later than 60 days 
     following the enactment of this Act, the President shall 
     disclose in a classified manner to the relevant congressional 
     committees, the substance of any secret agreements, 
     understandings, or promises, either formal or informal, 
     between the United States and Israel, and the United States 
     and the PLO, connected with the implementation of the 
     Declaration of Principles, that--
       (A) commits the United States to any course of action in 
     its foreign, diplomatic or security policies;
       (B) commits the United States to provide funds or other 
     forms of assistance for particular projects or activities;
       (C) provides assurances to particular individuals who may 
     or may not be targets of a U.S. or international criminal 
     investigation; and
       (D) extends to particular individuals the promise of 
     protection or safety should future circumstances warrant it.
       (12) Provisions that may be suspended.--Subject to the 
     requirements of section 7 and the prior approval of the 
     Chairmen of the relevant committees of the Congress of the 
     United States the President may suspend only the following 
     provisions of law for a period not to extend beyond May 31, 
     1996--
       (A) Section 307 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2227) as it applies with respect to the Palestine 
     Liberation Organization or entities associated with it.
       (B) Section 114 of the Department of State Authorization 
     Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e note) as it 
     applies with respect to the Palestine Liberation Organization 
     or entities associated with it.
       (C) Section 1003 of the Foreign Relations Authorization 
     Act, fiscal years 1988 and 1989 (22 U.S.C. 5202).
       (D) Section 37 of the Bretton Woods Agreement Act (22 
     U.S.C. 286w) as it applies to the granting to the Palestine 
     Liberation Organization of observer status or other official 
     status at any meeting sponsored by or associated with the 
     International Monetary Fund. As used in this paragraph, the 
     term ``other official status'' does not include membership in 
     the International Monetary Fund.

     SEC. 8. FINANCIAL DISCLOSURE.

       (a) Within thirty (30) days of the enactment of this Act, 
     the President shall request that both the Palestine 
     Liberation Organization and the Palestine Authority provide 
     to the United States, comprehensive financial statements of 
     their assets and income for the prior year: Provided, That in 
     addition to these statements, the President shall certify to 
     the Congress that:
       (1) the United States Government has no knowledge of 
     information as to other further assets or income of the 
     Palestine Liberation Organization or Palestinian Authority; 
     and
       (2) the Palestine Liberation Organization and Palestinian 
     Authority are spending and investing substantially all of 
     their respective assets and income for the welfare and 
     benefit of the Palestinian people in the areas administered 
     by the Palestinian Authority and for purposes related 
     exclusively to the duties and functions of the Palestinian 
     Authority as authorized under agreements between Israel and 
     the PLO.
       (b) No funds shall be obligated or expended for the benefit 
     of the Palestinian people in areas administered by the 
     Palestinian Authority until the President has delivered to 
     the relevant congressional committees the information 
     required in section 8(a).
       (c) President shall report to the relevant congressional 
     committees, in both classified and unclassified form, no 
     later than September 1, 1995, and every 180 days thereafter, 
     on all the assistance provided by the international community 
     to the PLO and the Palestinian Authority, or any affiliated 
     organization or entity, both directly and indirectly, to 
     include:
       (1) the amount of such assistance, by project, and whether 
     the assistance is provided in cash or in kind;
       (2) the organization or entity through which the 
     international assistance is disbursed;
       (3) the use(s), by project, to which the international 
     assistance is being put; and
       (4) the ultimate beneficiaries of the assistance.

     SEC. 9. PROHIBITION ON FORMAL DIPLOMATIC REPRESENTATION.

       Notwithstanding any other provision of law, the President 
     of the United States shall make no commitments and shall 
     provide no funds for the obligation or expenditure, for any 
     activity leading to the establishment, on either a temporary 
     or permanent basis, of any United States diplomatic post, to 
     include an embassy, consulate or interest section in any 
     territory under the administrative control of the PLO or the 
     Palestinian Authority.

     SEC. 10. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

       As used in this Act, the term ``relevant congressional 
     committees'' means--
       (1) the Committee on International Relations, the Committee 
     on Banking and Financial Services, and the Committee on 
     Appropriations of the House of Representatives; and
       (2) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate.

     SEC. 11. TERM OF THIS ACT.

       This Act shall become effective upon the day of enactment 
     and expire no earlier than May 31, 1996 unless amended.
                                 ______

      By Mr. FRIST (for himself, Mrs. Kassebaum, Mr. Jeffords, Mr. 
        Coats, Mr. DeWine, Mr. Kennedy, Mr. Pell, Mr. Dodd, Mr. Simon, 
        and Mr. Harkin):
  S. 916. A bill to amend the Individuals With Disabilities Education 
Act to extend the act, and for other purposes; to the Committee on 
Labor and Human Resources.


         individuals with disabilities education extension act

  Mr. FRIST. Mr. President, as a strong supporter of appropriate 
education programs for individuals with disabilities, I am today, along 
with nine of my colleagues, introducing a bill that will amend the 
Individuals with Disabilities Education Act. The bill cited as the 
``Individuals With Disabilities Education Act Amendments of 1995,'' 
will extend 15 discretionary grant programs that support early 
intervention and special education research, demonstrations, technical 
assistance, and personal preparation through fiscal year 1996.
  The IDEA is the principal Federal law that funds early intervention 
and special education programs for infants, toddlers, children, and 
youth with disabilities. Currently IDEA authorizes 3 formula grant 
programs and 15 discretionary grant programs. These discretionary grant 
programs expire September 30, 1995.
  This legislation will send an important signal to family members of 
infants, toddlers, children, and youth with disabilities that Congress 
intends to continue supporting and funding these important programs. 
Part H of this legislation serves more than 76,000 infants and toddlers 
with disabilities. This extension also serves as a signal to States 
that part H and the other discretionary programs are important programs 
addressing the education needs of individuals with disabilities. 
Further, this bill lets our colleagues on the Senate Appropriations 
Committee know of our intent to reauthorize these programs, so that 
they will appropriate funds for these programs in fiscal year 1996.
  This legislation extends the 15 discretionary programs under IDEA 
through September 30, 1996. This bill contains no substantive 
amendments to IDEA, and is a temporary measure allowing us additional 
time to develop a comprehensive reauthorization of IDEA. It is our 
intent to complete a comprehensive reauthorization bill in the early 
fall of 1995. When the comprehensive reauthorization is passed, it will 
repeal the extension.
  The following colleagues from the Committee on Labor and Human 
Resources have joined me as cosponsors of this bill: Senator Nancy 
Landon Kassebaum, Senator James M. Jeffords, Senator Dan Coats, Senator 
Mike DeWine, Senator Edward M. Kennedy, Senator Claiborne Pell, Senator 
Christopher J. Dodd, Senator Paul Simon, and Senator Tom Harkin.


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