[Congressional Record Volume 146, Number 102 (Wednesday, September 6, 2000)]
[Senate]
[Pages S8106-S8109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Lugar, Mr. Specter, Mr. 
        Inhofe, Mr. Santorum, Mr. Grams, Mr. Murkowski, Ms. Collins, 
        Mr. Moynihan, and Mr. Fitzgerald):
  S. 3007. A bill to provide for measures in response to a unilateral 
declaration of the existence of a Palestinian state; to the Committee 
on Foreign Relations.


        unilateral palestinian statehood disapproval act of 2000

  Mrs. FEINSTEIN. Mr. President, I rise today to join Senator Lugar in 
introducing the Unilateral Palestinian Statehood Disapproval Act. This 
is cosponsored by Senators Moynihan, Specter, Inhofe, Santorum, Grams, 
Collins and Murkowski.
  We are now 7 days away from September 13. That is the day that the 
Palestinian Authority Chairman Yasser Arafat has set, in the past, as a 
day when he would declare, unilaterally, Palestinian statehood. He has 
recently said that he would reassess his intention to declare an 
independent Palestinian state unilaterally. I am hopeful that he will. 
But, nonetheless, I am concerned that neither he nor other senior 
Palestinian leaders have repudiated the idea of a unilateral 
declaration of statehood.
  As part of the 1993 Oslo accords, the Israelis and Palestinians 
committed to resolving all outstanding issues through negotiation. 
Chairman Arafat reiterated this position on July 25 of this year, at 
the conclusion of the last round of the Camp David negotiations when he 
and Prime Minister Barak issued a statement agreeing on the importance 
of ``avoiding unilaterally action that prejudiced the outcome of 
negotiations.'' Indeed, one of the keys to the success of the peace 
process thus far has been the commitment by each side to avoid any 
unilateral action that would undermine the search for a mutually 
satisfactory agreement.
  A unilateral declaration of Palestinian statehood would violate the 
commitments of Oslo. A unilateral declaration of statehood would be a 
grave blow to the peace process, one from which that process might not 
be able to recover.
  I believe very strongly, and my cosponsors do as well, that any 
Palestinian state should be the result of negotiations between Israel 
and the Palestinians, not the result of the unilateral action of either 
one side or the other.
  It is my sincere hope that in the next few days, Mr. Arafat and 
others in the Palestinian leadership will step back from the September 
13 deadline and recommit themselves to the Oslo process and 
negotiations with Israel.
  This legislation is necessary, however, because should Mr. Arafat go 
forward with the unilateral declaration, the repercussions for the 
peace process and stability in the Middle East are, indeed, both 
serious and severe. The United States must make it clear that

[[Page S8107]]

we will not recognize or condone a unilateral declaration and that the 
United States will work to make sure the international community 
neither accepts nor supports a unilaterally declared Palestinian state.
  The legislation we introduce today would do the following:
  It would state that the United States should not recognize any 
unilaterally declared Palestinian state.
  It would urge the President and the Secretary of State to use all 
diplomatic means to work with other countries to deny recognition to 
such a unilaterally declared state.
  It would prohibit any direct U.S. assistance to a unilaterally 
declared Palestinian state, except for humanitarian assistance or 
cooperation on antiterrorism efforts.
  It would direct the Secretary of the Treasury to oppose membership in 
any international financial institution by a unilaterally declared 
Palestinian state and oppose any financial assistance from these 
institutions to such a state.
  It would state the sense of the Congress that the President should 
downgrade the status of the Palestinian office in the United States to 
an information office.
  It would also state the sense of the Congress that the President 
should oppose Palestinian membership in the United Nations or any other 
international organization, and that the United States should oppose 
economic or other assistance to a unilaterally declared Palestinian 
state, except for humanitarian or security assistance.
  Finally, it would urge the President to expedite and upgrade the 
ongoing review of strategic relations between the United States and 
Israel.
  We have included a Presidential national interest waiver authority so 
that if the President deems that even with a unilateral declaration 
that the peace process can move forward, the United States will have 
the flexibility to continue that process.
  I realize that it is a little unusual to say, but it is my sincere 
hope that this legislation will never require action, let alone 
implementation.
  I have been a long-time supporter of the peace process and for a 
peace agreement that provides security for Israel and leads to the 
consensual establishment of a Palestinian state that will be a peaceful 
neighbor of Israel. Since coming to the Senate, I have worked long and 
hard as an advocate for peace in the Middle East and as a supporter of 
the negotiations led by President Clinton, Secretaries Christopher and 
Albright, and conducted so ably by Dennis Ross.
  Because of this support, it is my sincere hope that Mr. Arafat will 
not choose to heed those who have suggested that the Palestinian 
Authority should unilaterally declare a Palestinian state on September 
13. If Mr. Arafat is willing to continue to work within the context of 
the peace process and stick to his commitments at Oslo and Camp David 
not to take unilateral steps, then I believe the United States should 
continue our partnership with the Palestinian people in search for 
peace. Under such circumstances, there is no need for this legislation.

  I was deeply disappointed that the last round of negotiations at Camp 
David did not succeed in reaching an agreement. Prime Minister Barak 
appeared to make every effort to reach out and extend the hand of peace 
and placed items on the table for negotiation that no Israeli Prime 
Minister was previously even willing to discuss with the Palestinian 
leadership.
  Although there is still a long way to go, I believe that if both 
sides are sincere in their desire for peace, a negotiated settlement is 
still possible, and it is my hope that Israel and its Palestinian 
neighbors will once again find themselves at the negotiating table in 
the not too distant future. I understand that Mr. Arafat, Prime 
Minister Barak, and President Clinton will be meeting in New York this 
week, and I hope the talks can get back on track. But if the 
Palestinians should choose to endanger the peace process by a 
unilateral declaration of statehood on September 13, the United States 
must be clear what our policy should be.
  The United States has a vital and an important role to play as an 
honest broker in the region and as a guarantor of the peace process and 
any peace that may result. It is precisely our role as an honest broker 
that compels me to offer this legislation. If the Palestinians take 
unilateral steps that undermine the peace process, the United States 
must make it clear that we will neither condone nor support such 
actions.
  I urge my colleagues to join the Senator from Indiana and me in 
sending a clear and compelling message in support of the Middle East 
peace process. Unilateral actions are not acceptable to the United 
States, and should the Palestinian Authority choose to break with the 
peace process, the United States will act accordingly.
  Mr. President, it is my understanding that Senator Specter may well 
be coming to the floor to make some comments on this. If he does, I ask 
unanimous consent that his comments be reflected directly following 
mine and Senator Lugar's.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LUGAR. Mr. President, I rise to join Senator Feinstein and other 
Members from both sides of the aisle to introduce the Unilateral 
Palestinian Statehood Disapproval Act of 2000. I am pleased to be an 
original co-sponsor of this legislation.
  At the conclusion of the July round of negotiations between Israel 
and the Palestinian Authority at Camp David, Prime Minister Barak and 
Chairman Arafat issued a statement agreeing on the importance of 
``avoiding unilateral action that prejudices the outcome of 
negotiations.'' They both acknowledged that progress is best assured if 
both parties refrain from unilateral actions that would have the effect 
of undermining the peace process.
  After the Camp David talks ended, Chairman Arafat announced that he 
intended to unilaterally declare an independent Palestinian state by 
September 13 if negotiations with Israel did not conclude in a 
satisfactory manner by then. Such a statement is harmful to the 
negotiations and would be disastrous to the peace process.
  It is important for the Congress to be heard on this issue. A 
unilateral declaration of a Palestinian state is objectionable and 
would create an unnecessary rupture in our ability to work with the 
Palestinian Authority to advance the peace process. It is my hope that 
Chairman Arafat will listen to the voices of other leaders in the Arab 
world, and elsewhere, which have counseled caution and urged him to 
refrain from these unilateral steps toward statehood.
  Our legislation proposes several targeted limitations and 
restrictions on the Palestinian Authority should they decide to declare 
a Palestinian state in advance of a final agreement. It states that if 
Chairman Arafat unilaterally declares a Palestinian state, the U.S. 
should not recognize it, that we should work with our friends and 
allies not to recognize any such state, and that we should downgrade 
the Palestinian office in the United States to an information office.
  The legislation places limitations on official U.S. assistance to a 
unilaterally declared Palestinian state but provides exceptions for 
cooperation on anti-terrorism and security matters. Our bill also urges 
the President to oppose membership to a unilaterally declared 
Palestinian state in the United Nations and to oppose any economic and 
financial assistance from the U.N., affiliated agencies and 
international financial institutions.
  It is my hope that none of these restrictions will have to be 
implemented. Because we want to insure that the President can use all 
the tools available to him to assist the parties to succeed in the 
peace negotiations, we included a presidential national interest waiver 
authority on those provisions pertaining to economic and financial 
assistance.
  I hope my colleagues will agree to support this legislation and the 
long-standing effort to construct a comprehensive peace in the Middle 
East.
  Mr. SPECTER. Mr. President, I have sought recognition to comment 
about the statements by Palestinian Chairman Yasser Arafat that there 
may be a unilateral declaration of Palestinian statehood on September 
13. That, in my judgment, would be a grave mistake, and the United 
States and our allies ought to do everything in our power to prevent 
Chairman Arafat of the Palestinian Authority from making that 
unilateral declaration of statehood.

[[Page S8108]]

  When the Oslo accords were signed in 1993, there was an agreement 
that all of the outstanding issues between Israel and the Palestinian 
Authority would be negotiated with a solution. There have been very 
extensive discussions, including recent talks at Camp David, which have 
not produced that kind of an agreement and that has led Chairman Arafat 
to raise the issue--perhaps more accurately called ``threat''--to have 
a unilateral declaration of statehood on September 13.
  I have cosponsored S. 3007, which was introduced today by the 
distinguished Senator from California, Mrs. Feinstein, which calls for 
action by the United States in the event that there is a unilateral 
declaration of statehood. The bill contains provisions which would 
articulate the policy of the United States not to recognize a 
unilaterally declared Palestinian state, to extend diplomatic efforts 
to deny recognition by working with the allies of the United States, 
the European Union, Japan, and other countries, to downgrade the status 
of the Palestinian office in the United States if there should be such 
a unilateral declaration, to prohibit U.S. assistance to the 
Palestinian Authority if there should be such a unilateral declaration, 
to take steps to oppose Palestinian membership in the United Nations or 
other international organizations, and to oppose Palestinian membership 
in or assistance from the international financial institutions.
  I believe this bill is an effective shot across the bow.
  I wrote to Chairman Arafat on August 18 of this year, urging Chairman 
Arafat to abandon any thoughts about a unilateral declaration of 
statehood for the Palestinian Authority. I ask unanimous consent that 
the full text of this letter be printed in the Record at the conclusion 
of my statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. SPECTER. Mr. President, the essence of the letter which I wrote 
to Chairman Arafat is contained in two paragraphs where I say:

       . . . There is a strong feeling, both in the United States 
     Senate and the United States House of Representatives, as 
     well as that expressed by President Clinton, that there be no 
     such unilateral declaration of statehood.
       There has been tremendous support in the Senate and House, 
     as well as from the President, for an overall peace 
     settlement and that Congressional support has included U.S. 
     contributions to implement such an accord. That Congressional 
     support would certainly be eroded by a unilateral declaration 
     of statehood.

  I had urged Chairman Arafat in the past to avoid a unilateral 
declaration of statehood when the possibility was raised that such a 
unilateral declaration might be made back on May 4, 1999.
  Chairman Arafat came to the United States on March 23, and I was 
scheduled at that time to visit him in his hotel in Virginia, but 
shortly before our scheduled appointment I found that Chairman Arafat 
was visiting on the House side in the Capitol complex, and I had an 
opportunity to invite Chairman Arafat to my Capitol office.
  At that time, we had an extensive discussion where I urged him not to 
make the unilateral declaration of statehood. He asked me at that time, 
if he would refrain from that unilateral declaration of statehood, 
whether I would make a statement saying it was a wise course of action, 
giving recognition to the restraint of Chairman Arafat and the 
Palestinian Authority. I said I would do so and that I would make a 
statement on the floor of the Senate on May 5 if Chairman Arafat and 
the Palestinian Authority, in fact, did not make a unilateral 
declaration of statehood. I wrote Chairman Arafat to that effect on 
March 31, 1999.
  I ask unanimous consent that a copy of this letter be printed in the 
Congressional Record at the conclusion of my statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 2.)
  Mr. SPECTER. Mr. President, I made two statements for the 
Congressional Record--one on April 26, 1999, which I incorporate by 
reference, and another statement on May 4, 1999, when Chairman Arafat 
and the Palestinian Authority did not make a unilateral declaration of 
statehood.
  The meeting I had with Chairman Arafat in my Capitol office was a 
very interesting one and a very constructive one. One note which I had 
referred to in one of my earlier statements on the floor is worth a 
very brief reference. I have a very large poster which has a joint 
picture of President Clinton with thumbs up and a picture of Chairman 
Arafat right next to him making the V sign, obviously not taken 
together but juxtaposed together on one large poster. It looks like a 
campaign poster, almost as if the two men were running for political 
office, which, of course, they were not.
  I had accompanied President Clinton on his trip to Israel in December 
of 1998. I saw the poster and thought it a nice item of memorabilia and 
had it framed and put in my Capitol office. When Chairman Arafat saw 
his picture on my wall, it did a good bit more than any of my 
persuasive comments to establish an aura of goodwill in a complimentary 
sense. He very much liked seeing his picture there. In fact, he wanted 
to take a picture of the two of us standing in front of his picture, 
which now stands beside the poster in my Capitol office.
  I mention that because of the--I am searching for the right word. 
``Congenial meeting'' might not be exactly right, but it was a 
businesslike meeting where Chairman Arafat listened to my arguments 
against a unilateral declaration of statehood.
  When I recite this, I do not really mean to suggest my voice was the 
determinative voice. I think that comported with what the Palestinian 
Authority had in mind in any event. I think every extra bit of pressure 
that can be brought ought to be brought. That is why I wrote to 
Chairman Arafat earlier this year, on August 18, and that is why I am 
supporting the bill introduced by the Senator from California, Mrs. 
Feinstein, which would impose certain restraints and, in effect, 
certain sanctions on the Palestinian Authority if they do make a 
unilateral declaration of statehood. In my judgment, it would set back 
the peace process between Israel and the Palestinian Authority 
substantially. I retain some optimism that the differences between 
Israel and the Palestinian Authority may yet be reconciled.

  I compliment the President and the Secretary of State for their very 
extensive efforts to try to bring about that accord. I believe those 
efforts should be continued and intensified. I also compliment Dennis 
Ross of the State Department who has done so much in the negotiating 
process with the parties.
  While there are meetings underway at the United Nations, there may be 
some occasion for the President to act further in consultation with 
Israeli Prime Minister Barak and Palestinian Authority Chairman Yasser 
Arafat to try to bring about advances on the peace process and 
ultimately an accord. But certainly a unilateral declaration of 
statehood by the Palestinian Authority would be met with grave 
opposition in this Chamber--I know that for a certainty--and I believe 
also in the House of Representatives.
  In conclusion, I urge Chairman Arafat and his colleagues in the 
Palestinian Authority not to make a unilateral declaration of statehood 
on September 13, or at any other time, but to continue the peace 
process to try to work out outstanding differences in accordance with 
the commitments made by the Palestinian Authority on the Oslo accord.
  I thank the Chair and yield the floor.

                               Exhibit 1

                                                      U.S. Senate,


                               Committee on Veterans' Affairs,

                                   Washington, DC, March 31, 1999.
     Chairman Yasser Arafat,
     President of the National Authority,
     Gaza City, GAZA, Palestinian National Authority.
       Dear Mr. Chairman: Thank you very much for coming to my 
     Senate hideaway and for our very productive discussion on 
     March 23.
       Following up on that discussion, I urge that the 
     Palestinian Authority not make a unilateral declaration of 
     statehood on May 4 or on any subsequent date. The issue of 
     the Palestinian state is a matter for negotiation under the 
     terms of the Oslo Accords.
       I understand your position that this issue will not be 
     decided by you alone but will be submitted to the Palestinian 
     Authority Council.
       When I was asked at our meeting whether you and the 
     Palestinian Authority would receive credit for refraining 
     from the unilateral declaration of statehood, I replied that 
     I would go to the Senate floor on May 5 or as soon thereafter 
     as possible and compliment your action in not unilaterally 
     declaring a Palestinian state.

[[Page S8109]]

       I look forward to continuing discussions with you on the 
     important issues in the Mid-East peace process.
           Sincerely,
                                                    Arlen Specter.

                               Exhibit 2

                                                      U.S. Senate,


                               Committee on Veterans' Affairs,

                                  Washington, DC, August 18, 2000.
     Chairman Yasser Arafat,
     President of the National Authority,
     Gaza City, GAZA, Palestinian National Authority.
       Dear Chairman Arafat: On March 23, 1999, when you visited 
     my Senate Office in Washington, I urged you not to make a 
     unilateral declaration of Palestinian statehood, which had 
     been discussed as a possibility for May 4, 2000.
       At that time, I told you that I would make a statement on 
     the Senate floor on May 5, 1999, praising your decision not 
     to declare statehood unilaterally if, in fact, you made that 
     decision. You did not declare statehood on May 4, 1999; and, 
     as promised, I made the statement on the Senate floor. For 
     your re-review, I enclose a copy of that statement.
       Now, again, there is talk that there may be a unilateral 
     declaration of Palestinian statehood on September 13, 2000. 
     Again, I urge you not to make such a declaration, but to 
     continue negotiations to try to work out an overall agreement 
     with Israel.
       I know that there is a strong feeling, both in the United 
     States Senate and the United States House of Representatives, 
     as well as that expressed by President Clinton, that there be 
     no such unilateral declaration of statehood.
       There has been tremendous support in the Senate and House, 
     as well as from the President, for an overall peace 
     settlement and that Congressional support has included U.S. 
     contributions to implement such an accord. That Congressional 
     support would certainly be eroded by a unilateral declaration 
     of statehood.
       If you do not make such a unilateral declaration of 
     Palestinian statehood on September 13, I will again speak on 
     the Senate floor in praise of your restraint.
       Again, I urge you to renew discussions with Israel for an 
     overall settlement.
       I look forward to our next meeting when you are in 
     Washington or I am in the Mideast.
           Sincerely,
                                                    Arlen Specter.

  Mr. REID. Mr. President, before the Senator from Pennsylvania leaves 
the floor, I want the Record to reflect the statements he has made are 
bipartisan in nature. I underline and underscore the importance of the 
statement of the Senator from Pennsylvania. I think it would be very 
unwise for Chairman Arafat to move unilaterally on establishing 
statehood. I hope he will sit back and look at the great loss that will 
take place if an agreement is not reached at this time.
  I commend and applaud the Senator from Pennsylvania for his 
statement.
  Mr. SPECTER. Mr. President, I thank my distinguished colleague from 
Nevada for those very timely comments. It is important to have that 
note of bipartisanship. May the Record further reflect, 20 minutes ago 
the distinguished Senator from New Mexico said he wanted to do 
something sharp at 6 p.m., and the big hand is at the 12 and the little 
hand is at the 6 in this instant.
  Mr. DOMENICI. Mr. President, if I knew when I asked the Senator from 
Pennsylvania if he could be finished in 20 minutes that he was going to 
be delivering such an important speech, I might have been reluctant to 
ask him. I do commend him on that speech--not the brevity and coming in 
on time, but the substance is very important.
  Mr. SPECTER. Mr. President, I thank my colleague from New Mexico for 
those comments. We have worked together for many years and earlier 
today on the Appropriations Committee, and I appreciate what he just 
said.
                                 ______